Insurance Premiums Order (Retro-Paid Loss Premium Method) 2011–2012
In ForceNSW
Jurisdiction
New South Wales
Act Number
284 of 2011
Collection
regulation
Plain English Summary
7/10 complexity
This Order prescribes the exact method for calculating "retro‑paid loss" workers’ compensation insurance premiums for employers using the optional method under s.168A: insurers collect a deposit premium at policy start and then recalculate the premium at up to five adjustment dates over five years using formulae in Schedules 1–4. It affects employers (including group members) and insurers by changing premium timing, payment exposure and administrative reconciliation; it also sets a $175 minimum and different rules where employers are in groups or elect a large‑claim limit.
This Order sets a complete, year‑long rulebook for calculating premiums for a specific optional premium method under the governing workers compensation statute, namely the retro‑paid loss premium method referred to in section 168A of the Act. It names itself (Insurance Premiums Order (Retro‑Paid Loss Premium Method) 2011-2012) and commences at 4 pm on 30 June 2011 (cl 1; cl 2). Its temporal application is tightly bounded: it applies only to policies issued or renewed so as to take effect on or after 4 pm on 30 June 2011 and before 4 pm on 30 June 2012 (cl 4(2)), and contains a continuity rule that keeps it in force pending the making of a later retro‑paid loss premium order if a successor order has not been made before 4 pm on 30 June 2012 (cl 4(3)).
Mechanically, the Order prescribes the deposit premium at policy commencement and a series of recalculations at fixed adjustment dates (the deposit‑then‑adjust methodology). The adjustment dates are defined as 15, 24, 36, 48 and 60 months after commencement of the period of insurance (cl 3(2)). The deposit premium and subsequent adjusted premiums are subject to a floor: no deposit premium or adjusted premium may be less than $175 (cl 7). The Order governs two related calculations: the required deposit (RD) an insurer must collect under section 172A of the Act (cl 8) and the formulae for calculating deposit and adjusted premiums, provided in Schedules 1-4, which form part of the Order (cl 9).
The Order applies only to employers to whom the optional alternative method under s 168A applies (cl 4(1)). It also expressly preserves the General Order for matters not altered by this Order: the General Order applies to retro‑paid loss premium policies, except to the extent this Order provides otherwise and except for clauses 3 and 4 of the General Order (cl 4(4)). The Order excludes policies issued or renewed by specialised insurers that are exempted by clause 165 of the Workers Compensation Regulation 2010 (cl 4(5)). For group arrangements, the Order replaces the single‑employer RD rules with a group RD formula (cl 8(2); Schedule 2).
Current sections
Direct links to the current provisions in Insurance Premiums Order (Retro-Paid Loss Premium Method) 2011–2012.
(1) This Order applies only to and in respect of policies of insurance for employers to whom the optional alternative method of calculating premiums under section 168A of the Act applies (retro-paid loss premium policies).
(2) This Order applies to and in respect of retro-paid loss premium policies that are to be or have been issued or renewed so as to take effect on or after 4 pm on 30 June 2011 and before 4 pm on 30 June 2012.
(3) If, before 4 pm on 30 June 2012, an insurance premiums order that applies only to and in respect of retro-paid loss premium policies has not been made in respect of such policies of insurance taking effect on or after that time, this Order applies to and in respect of those policies pending the making of such an order.
(4) The General Order (other than clauses 3 and 4) applies to and in respect of retro-paid loss premium policies, unless this Order provides otherwise.
(5) This Order does not apply to a policy of insurance issued or renewed by a specialised insurer that is exempted from insurance premiums orders by clause 165 of the Workers Compensation Regulation 2010.
5
Classification of large employers
5 Classification of large employers
5 Classification of large employers
A large employer within the meaning of the General Order is classified a large employer under this Order.
6
Retro-Paid Loss Premium Method of premium calculation
6 Retro-Paid Loss Premium Method of premium calculation
6 Retro-Paid Loss Premium Method of premium calculation
For the purposes of section 168A of the Act, the alternative method is to calculate the premium for a policy of insurance at the commencement of the period of insurance (the deposit premium), and then recalculate the premium at each adjustment date (the adjusted premium), in accordance with this Order.
7
Minimum premium
7 Minimum premium
7 Minimum premium
Despite any other provision of this Order, a deposit premium and an adjusted premium in respect of any policy of insurance is to be no less than $175.
8
Calculation of required deposit: section 172A of Act
8 Calculation of required deposit: section 172A of Act
8 Calculation of required deposit: section 172A of Act
(1) The required deposit for an employer in relation to a policy of insurance is to be calculated in accordance with the following formula:
(a) before the first adjustment date:
(b) on and from the first adjustment date:
where:
RD is the required deposit in respect of the period of insurance to which the policy relates.
Pmax is the maximum premium that is payable by the employer calculated in accordance with Schedule 1.
PD is the deposit premium payable by the employer calculated in accordance with Schedule 1.
P is the premium payable by an employer for a policy of insurance calculated in accordance with Schedule 1.
(2) However, if the employer is a member of a group, subclause (1) does not apply and the required deposit for an employer in relation to a policy of insurance is to be calculated in accordance with the following formula:
(a) before the first adjustment date:
(b) on and from the first adjustment date:
where:
RD is the required deposit in respect of the period of insurance to which the policy relates.
PGmax is the maximum premium that is payable by the members of the group in respect of the period of insurance to which the group’s policies relate calculated in accordance with Schedule 2.
PGd is the deposit premium payable by the members of the group in respect of the period of insurance to which the group’s policies relate calculated in accordance with Schedule 2.
PEd is the deposit premium that is payable by the employer who is a member of a group calculated in accordance with Schedule 2.
PG is the group premium payable by the members of the group in respect of the period of insurance to which the group’s policies relate calculated in accordance with Schedule 2.
PE is the premium for the time being payable by an employer who is a member of a group in respect of the period of insurance to which the policy relates (including, where adjustments are required to be made to that premium by reason of the operation of this Order, the premium so payable by reason of those adjustments).
9
Schedules form part of Order
9 Schedules form part of Order
9 Schedules form part of Order
Schedules 1–4 form part of this Order.
Schedule 1
Method of calculation of deposit premium and adjusted premium—general
Schedule 1 Method of calculation of deposit premium and adjusted premium—general
Schedule 1 Method of calculation of deposit premium and adjusted premium—general
(Clause 8)
Schedule 2
Method of calculation of deposit premium and adjusted premium—member of a group
Schedule 2 Method of calculation of deposit premium and adjusted premium—member of a group
Schedule 2 Method of calculation of deposit premium and adjusted premium—member of a group
(Clause 8)
Schedule 3
Experience adjustment factor
Schedule 3 Experience adjustment factor
Schedule 3 Experience adjustment factor
(Schedule 1, clause 2 and Schedule 2, clause 6)
Schedule 4
Claims adjustment factor
Schedule 4 Claims adjustment factor
Schedule 4 Claims adjustment factor
(Schedule 1, clause 2 and Schedule 2, clause 6)
General
The claims adjustment factor for an employer (“V”) (or for a group (“VG”)) at the adjustment date set out in Column 1 of the Table to this clause is, if the employer has (or all the members of the group of employers of which the employer is a member have) elected a large claim limit for the purposes of clause 154 (5) of Workers Compensation Regulation 2010 of:
(a) $350,000—the factor set out in Column 2 of the Table corresponding to that date, and
(b) $500,000—the factor set out in Column 3 of the Table corresponding to that date.
Table
| Column 1 | Column 2 | Column 3 |
| Adjustment date | Adjustment factor “V” (or “VG”) for $350,000 large claim limit | Adjustment factor “V” (or “VG”) for $500,000 large claim limit |
| First adjustment date (being commencement of policy period plus 15 months) | 3.05 | 2.95 |
| Second adjustment date (being commencement of policy period plus 24 months) | 2.10 | 2.00 |
| Third adjustment date (being commencement of policy period plus 36 months) | 1.80 | 1.70 |
| Fourth adjustment date (being commencement of policy period plus 48 months) | 1.75 | 1.67 |
| Fifth adjustment date (being commencement of policy period plus 60 months) | 1.75 | 1.67 |
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Order
1 Name of Order
1 Name of Order
This Order is the Insurance Premiums Order (Retro-Paid Loss Premium Method) 2011–2012.
2 Commencement
2 Commencement
2 Commencement
This Order commences at 4 pm on 30 June 2011 and is required to be published in the Gazette.
3 Interpretation
3 Interpretation
3 Interpretation
(1) In this Order, words and expressions have the same meanings as they have in the General Order, unless this Order provides otherwise.
(2) In this Order:
adjustment date, in relation to a policy of insurance, means each of the following dates:
(a) the date that is 15 months after the date of the commencement of the period of insurance (the first adjustment date),
(b) the date that is 24 months after the date of the commencement of the period of insurance (the second adjustment date),
(c) the date that is 36 months after the date of the commencement of the period of insurance (the third adjustment date),
(d) the date that is 48 months after the date of the commencement of the period of insurance (the fourth adjustment date),
(e) the date that is 60 months after the date of the commencement of the period of insurance (the fifth adjustment date).
cost of claims has the same meaning as in Division 4 of Part 18 of the Workers Compensation Regulation 2010.
General Order means:
(a) the Insurance Premiums Order 2011–2012, or
(b) if no such order has been made, the Insurance Premiums Order 2010–2011.
4 Application of Order
4 Application of Order
4 Application of Order
(1) This Order applies only to and in respect of policies of insurance for employers to whom the optional alternative method of calculating premiums under section 168A of the Act applies (retro-paid loss premium policies).
Two practical, programme‑level outcomes follow. First, premiums are not final at inception: they are provisional (deposit) and subject to recalculation at multiple points over a five‑year horizon. Second, the Order allocates particular measurement details,experience adjustment (Schedule 3) and claims adjustment (Schedule 4, including fixed numerical factors tied to large‑claim election),so that the eventual premium outcome depends on measured claims costs, tariff bases from the General Order, group membership and elections about large claim limits.
Main concepts
The Order builds its mechanics around a handful of recurring concepts. These are defined in the body and in the Schedules and determine how the deposit premium and adjusted premiums are derived.
Retro‑paid loss premium policy: The class of policy to which the Order applies, as the optional alternative method under section 168A of the Act. The Order is expressly limited to employers for whom that optional method applies (cl 4(1)). It therefore does not apply to standard premium methods unless those employers elect the retro‑paid method under the Act.
Adjustment date: Defined in cl 3(2) as five discrete dates: 15, 24, 36, 48 and 60 months after commencement of the period of insurance. At these dates insurers recalculate premiums (cl 6).
Deposit premium (PD): The premium calculated at commencement of the period of insurance under Schedule 1 (or Schedule 2 for a group member) (Schedule 1 cl 1(1); Schedule 2 cl 2). The Order requires this initial premium to be collected and not to fall below $175 (cl 7).
Adjusted premium (P / PE): The premium recalculated at each adjustment date under Schedule 1 (Schedule 1 cl 1(2)) or one of the group options in Schedule 2 (cl 3-5). Adjusted premiums are constrained to be not less than Pmin and not more than Pmax (Schedule 1 cl 1(2); Schedule 2 cl 6).
Required deposit (RD): The deposit an insurer must require under section 172A of the Act. Clause 8 prescribes formulae for RD before and on/after the first adjustment date, with distinct formulae for single employers (cl 8(1)) and for employers who are members of a group (cl 8(2)). The RD formulae use PD, Pmax, P and group analogues (PGmax, PGd, PG etc).
Cost of claims (C, CE, CG): The total of the cost of claims for the employer, excluding particular categories (Schedules 1 and 2 note the exclusion of claims under sections 10 and 11 of the Act,journey and recess claims). This fed into adjusted premium formulae and experience/claims factors (Schedule 1 cl 2; Schedule 2 cl 6).
Experience adjustment factor (S, SG): Calculated under Schedule 3. For single employers S is determined by a formula referencing the basic tariff premium T and past outcomes (Schedule 3 cl 1). For groups the SG analogue is calculated under Schedule 3 cl 2 using TG, the sum of group members’ basic tariff premiums.
Claims adjustment factor (V, VG): Prescribed in Schedule 4 as fixed numeric multipliers that vary by adjustment date and by the employer’s election of a large claim limit ($350,000 or $500,000). The Table in Schedule 4 gives V (or VG) values for each adjustment date,e.g. V = 3.05 at the first adjustment date for a $350,000 large claim limit, or V = 2.95 for a $500,000 large claim limit.
Pmin and Pmax (and group equivalents): Minimum and maximum caps that constrain adjusted premiums. Pmin and Pmax are calculated using elements such as T, Q, D, M, A, S and V as specified in Schedule 1. Group equivalents appear in Schedule 2.
Group options: Schedule 2 provides three alternative options (cl 3-5) for recalculation of premiums for members of a group, and includes group‑level aggregates (PGd, PGmin, PGmax, SG, VG, CG) and methods to allocate group outcomes back to members (Schedule 2 cl 6).
Taken together, these concepts operationalise a retrospective premium model: an initial deposit, periodic measurement of claims experience, multiplicative adjustments for claims development (V factors) and experience (S), and floor/ceiling constraints (Pmin/Pmax). The Order ties the numerical claims adjustment factors to an employer’s choice of large claim limit; that election therefore directly alters V and hence affects adjusted premium outcomes (Schedule 4; Schedule 2 references clause 154(5) of the Workers Compensation Regulation 2010).
Who it affects
The Order identifies three principal affected populations: (1) employers eligible for the retro‑paid loss premium method, (2) members of employer groups, and (3) specialised insurers excluded under the Workers Compensation Regulation 2010.
Employers using the retro‑paid loss premium method: Clause 4(1) makes clear the Order applies only to employers to whom the optional alternative method under s 168A applies. That means employers who either elect or qualify under the Act to use this alternative calculation method will face the deposit and adjustment regime set out in the Order. Employers who remain on the standard premium method are outside the Order’s scope.
Group members and group arrangements: Clause 8(2) and Schedule 2 create distinct calculation pathways for employers who are members of a group. Group membership changes both the calculation basis for required deposit (RD) and how adjusted premiums are calculated at each adjustment date. Schedule 2 provides three options for how a member’s adjusted premium is derived from group aggregate measures (cl 3-5). The Order therefore affects corporate groups that pool exposures or purchase group cover, altering allocation rules and minimum/maximum caps at the group level (PGmin, PGmax).
Insurers: Companies issuing retro‑paid loss premium policies must collect the required deposit (cl 8). They must apply the Schedule formulae at inception and at each adjustment date, maintain recordkeeping for cost of claims excluding journey and recess claims (Schedules 1 & 2), aggregate group claims where applicable, and apply the claims adjustment factors from Schedule 4. The Order imposes specific numerical multipliers and formulas that insurers must implement and embed in their premium‑calculation systems.
Employers who have elected large claim limits: Schedule 4 ties the claims adjustment factor V to an employer’s election of a large claim limit under clause 154(5) of the Workers Compensation Regulation 2010. Employers who elect a $350,000 large claim limit face higher V values at each adjustment date than those who elect $500,000 in certain years, for example V = 3.05 v 2.95 at the first adjustment date. That election therefore affects adjusted premium outcomes and cashflow.
Specialised insurers and exempt employers: Clause 4(5) excludes policies issued or renewed by a specialised insurer exempted by clause 165 of the Workers Compensation Regulation 2010, so those specialised insurers or their policyholders fall outside the instrument.
Administrators and advisers: Employers’ accountants, brokers and payroll teams must account for deposit collection, potential subsequent premium calls at each adjustment date (up to five over five years), and possible returns if adjusted premium falls. The Order’s requirement to exclude journey and recess claims from "cost of claims" variables means claims data extraction and categorisation are material compliance tasks (Schedule 1 cl 2; Schedule 2 cl 6).
Geography and time: The Order’s effect is time‑limited to policies starting or renewed in the 12‑month window from 4 pm 30 June 2011 to 4 pm 30 June 2012 (cl 4(2)), with the continuity clause (cl 4(3)) only operating if no successor retro‑paid loss premium order is made. Practitioners must therefore check the policy commencement date as the determinant of applicability.
Key duties and rights
The Order creates mandatory calculation duties and preserves rights that arise from the broader insurance framework. The instrument is prescriptive about calculations and constraining values, but it does not contain standalone procedural notice or enforcement rules; those are left to the Act and the General Order where applicable (cl 4(4)).
Duties imposed by the Order
Calculate deposit and adjusted premiums using Schedules: Insurers must calculate the deposit premium at the start of the policy in accordance with Schedule 1 (Schedule 1 cl 1(1)) or Schedule 2 if the employer is a group member (Schedule 2 cl 1-2). Insurers must recalculate adjusted premiums at each adjustment date using the Schedule 1 or Schedule 2 methods (Schedule 1 cl 1(2); Schedule 2 cl 3-5).
Collect a required deposit: Clause 8 prescribes formulae determining the required deposit (RD) for single employers (cl 8(1)) and for employers who are members of a group (cl 8(2)). Insurers have an obligation to require that deposit consistent with s 172A of the Act.
Respect the minimum premium: The insurer cannot set a deposit or adjusted premium below $175 (cl 7). This is an absolute floor in this instrument.
Exclude journey and recess claims when calculating C: The cost of claims variable used in Schedule 1 and Schedule 2 explicitly excludes the cost of claims under sections 10 and 11 of the Act (journey and recess claims) (Schedule 1 cl 2; Schedule 2 cl 6). Insurers must therefore categorise claims and exclude those classes when applying the formulas.
Apply claims adjustment factors tied to large claim election: Schedule 4 makes the claims adjustment factor dependent on whether the employer (or group) elected a $350,000 or $500,000 large claim limit under clause 154(5) of the Workers Compensation Regulation 2010. The insurer must therefore apply the correct V/VG value per the Table in Schedule 4.
Observe Pmin and Pmax constraints: Adjusted premiums are constrained by Pmin and Pmax as calculated in Schedule 1 (Schedule 1 cl 1(2)). For groups, analogous group minimum and maximums PGmin and PGmax operate (Schedule 2 cl 6).
Rights and preserved powers
Right to use the retro‑paid method: Employers eligible under s 168A of the Act have the right to have premiums calculated under this alternative method; the Order operationalises that right for the 2011-2012 policy year (cl 4(1)).
Right to large claim election: The Order assumes employers have made or can make an election under clause 154(5) of the Workers Compensation Regulation 2010, and links the V factor to that election (Schedule 4). The right and procedure for making that election are governed in the Regulation, not in this Order.
Applicability of the General Order: The Order leaves the General Order in place for matters not altered by this Order (cl 4(4)); operational and procedural duties that are set out in the General Order therefore continue to apply except where expressly displaced.
Matters not specified in the Order
The Order does not itself set out notice periods, timing for collection or refund mechanics, or civil penalties. Those matters are addressed in the Act and the General Order; see cl 4(4) which preserves the General Order. Practitioners must therefore consult the Act and the General Order for operational duties such as notice to insured parties, dispute processes and enforcement mechanisms.
Overall, the Order places calculation mechanics on insurers and allocation mechanics on groups, while leaving operational compliance duties primarily to the insurer in concert with the governing Act and General Order.
Penalties and enforcement
The Order, as provided, does not itself create express monetary penalties, criminal offences or an enforcement regime. It is a technical subordinate instrument that prescribes calculation methodologies and parameter values. Where enforcement, penalties and recovery powers may arise, those are matters to be found in the Act and in the General Order, which the instrument expressly retains for retro‑paid policies except where this Order provides otherwise (cl 4(4)).
What the instrument says (and does not say)
No penalty provisions in the Order text: The Order contains calculation formulae (cl 8; Schedules 1-4) and application/commencement provisions (cl 1-4) but does not include sections imposing fines, civil penalties, or specifying enforcement procedures, nor does it specify administrative timelines for premium collection or refund. Because those elements are absent from this instrument, one must look to the Act and the General Order for enforcement mechanisms.
Enforcement likely via the Act/General Order: Clause 4(4) states that the General Order (other than clauses 3 and 4) applies to and in respect of retro‑paid loss premium policies, unless this Order provides otherwise. That means enforcement, recovery of unpaid premiums, dispute resolution and penalties will generally be enforced under the Act and the General Order. Practitioners should therefore consult the Act’s enforcement provisions and the General Order for details about penalty mechanics, interest on unpaid premiums, administrative review and appeal rights.
Practical enforcement channels for insurers: Insurers implementing the Order will have contractual remedies under insurance policies to require payment of the required deposit and to call for additional premiums when adjusted premiums exceed deposits. Those contractual and regulatory remedies are outside the scope of the Order but will be exercised subject to the Act and General Order constraints.
Key implementation consequences for enforcement risks
Calculation errors: Because the Order prescribes intricate formulae spanning Schedules 1-4 (and incorporates references to the General Order), incorrect application of the formulae or miscategorisation of claims (for example failing to exclude journey and recess claims as required) can lead to disputes about amounts charged. Any enforcement action to recover sums due would rely on the Act/General Order and, ultimately, contract law and administrative processes.
Continuity and successor orders: The Order contains a continuity clause (cl 4(3)) that keeps it in force pending a successor retro‑paid loss premium order if one is not made by 4 pm on 30 June 2012. If an insurer seeks to apply a successor order or continue using this Order’s calculations, enforcement and compliance obligations may hinge on whether a successor order was made and published.
Practical advice: check the Act and the General Order for explicit penalty and enforcement provisions before taking recovery action, and document calculation steps, claims categorisation, and the employer’s large claim election because these are material facts in any enforcement or dispute process.
How it interacts with other laws
The Order is explicitly framed as a subordinate instrument that interacts with the Act, the General Order and the Workers Compensation Regulation 2010. It defines specific departures from, and continuations of, those instruments.
Interactions identified in the text
The Act and the optional method: The Order implements the optional alternative method under section 168A of the Act (cl 4(1); cl 6). It assumes the statutory permission in the Act exists for employers to use the retro‑paid loss premium method and supplies the detailed calculation rules that must be used under that statutory alternative.
The General Order: The Order repeatedly refers to the General Order. Clause 3(1) establishes that words and expressions have the same meanings as in the General Order unless this Order provides otherwise. Clause 4(4) explicitly states the General Order (other than clauses 3 and 4) applies to retro‑paid loss premium policies unless displaced by this Order. Schedule definitions also reference the General Order for components such as the basic tariff premium T (Schedule 1 cl 2; Schedule 2 cl 6; Schedule 3 cl 3). Practically, the General Order supplies baseline tariff definitions, Q, D, M, A adjustments and procedural rules that the retro‑paid Order uses as inputs.
Workers Compensation Regulation 2010: Several cross‑references to the Regulation appear. Clause 3(2) defines “cost of claims” with the same meaning as in Division 4 of Part 18 of the Workers Compensation Regulation 2010. Clause 4(5) excludes policies issued or renewed by a specialised insurer exempted by clause 165 of the Regulation. Schedule 4 links the claims adjustment factor to an employer’s election under clause 154(5) of the Regulation. Thus, the Regulation supplies definitions, exemptions and election mechanics that materially affect how the Order operates.
Section 172A of the Act: Clause 8 is headed “Calculation of required deposit: section 172A of Act” and prescribes the formula an insurer must use to calculate the required deposit under the statutory provision. The Order therefore implements the statutory required deposit mechanism by providing two formula families (single employer and group) applicable before and on/after the first adjustment date (cl 8(1)-(2)).
Consequences for interpretation and operation
Inputs from the General Order and Regulation are essential: Several components of the Schedule formulae depend on values calculated under the General Order (basic tariff premium T, premiums adjustment contribution Q, dust diseases contribution D, Mine Safety Fund adjustment M, and apprentice incentive A). Practitioners must therefore be able to calculate or obtain those inputs under the General Order before applying the retro‑paid formulas in this Order (Schedule 1 cl 2).
Exclusions and elections in the Regulation affect numerical factors: The claims adjustment factor (Schedule 4) depends on the employer’s election under clause 154(5) of the Regulation. Likewise, whether a policy is covered by the Order depends on exemptions in clause 165 of the Regulation. These interlocks mean that regulatory elections and exemptions directly change the numerical output of premium calculations.
Tension between Orders: Clause 3(1) states that words and expressions have the same meanings as in the General Order unless this Order provides otherwise. Clause 4(4) preserves the General Order except for clauses 3 and 4. Practitioners should therefore cross‑check the two instruments where language and concepts overlap to ensure they apply the intended definition or procedural rule.
Administrative processes and penalties likely found elsewhere: Because the Order does not set out enforcement or notice rules, enforcement and administrative remedies will be found in the Act and the General Order. That affects dispute handling, recovery timelines and appeals.
For practical compliance and legal advice, one must read the Act, the General Order and the relevant provisions of the Workers Compensation Regulation 2010 in tandem with this Order. The Order is not freestanding: it modifies, uses and depends on the other instruments for definitions, exemptions and procedural mechanics.
Amendment history
The instrument itself records its identity and commencement but does not contain a sequence of amendments in the text provided. The Order is titled Insurance Premiums Order (Retro‑Paid Loss Premium Method) 2011-2012 (cl 1) and commences at 4 pm on 30 June 2011 (cl 2). It is explicitly temporal and limited to a single policy year, applying to policies that take effect from that commencement time until before 4 pm on 30 June 2012 (cl 4(2)). Clause 4(3) provides a continuation mechanism: if, before 4 pm on 30 June 2012, no successor insurance premiums order that applies only to retro‑paid loss premium policies has been made, this Order continues to apply to policies pending the making of such an order. That is the only textual mechanism in the Order that anticipates future instruments.
What the text records and what it does not
One‑year operative period: The Order’s title and cl 4(2) make clear the instrument was intended to operate for policies with effect dates in the 2011-2012 policy window. This is an explicit time‑limited legislative design rather than an open‑ended rule.
Continuity clause: Clause 4(3) is an administrative safeguard that keeps the 2011-2012 rules in place if a successor instrument is not made in time. This means that in the absence of a successor order, the methodology and factors in this Order would remain the applicable law for newly issued policies until a new instrument is published.
No amendment log in the provided text: The provided Order text does not show any subsequent amending instrument or a schedule of amendments. The schedules and tables included (Schedules 1-4) are presented as integral parts of the Order, and no later modification is recorded here.
Practical implications for users researching amendment history
Check the official legislation database: Because this Order is a subordinate legislative instrument with a fixed policy year, practitioners seeking the amendment history or any successor instrument must consult the official government legislation site or the Gazette for subsequent Insurance Premiums Orders that apply to retro‑paid loss premium policies after 30 June 2012. The text itself points to the need for subsequent orders (cl 4(3)).
Verify whether successor orders altered parameters: The numerical claims adjustment factors in Schedule 4 and the treatment of group options in Schedule 2 could be altered in later orders; do not assume the 2011-2012 numbers apply to later years without confirming whether a successor order was made.
Look for repeal or replacement: If a later instrument was made, it may expressly repeal or replace this Order; if none was made, this Order would continue pending replacement under cl 4(3). Practitioners should check whether such repeal, replacement or expiry occurred.
Because the legislative text provided contains no further amendment material, the Order’s own amendment history cannot be reconstructed solely from the instrument as presented. The Order explicitly anticipates successor instruments; to establish the subsequent legal regime one must consult the instrument register and the General Order for later years.
Litigation history
The Order contains no internal references to judicial decisions, litigation, or case law. It is a formulaic subordinate instrument that prescribes calculation methods, schedules and numerical factors; the text itself does not cite or summarise any litigation. Therefore, based solely on the source provided:
No litigation is recorded or discussed in the instrument: There are no annotated cases, no references to judicial interpretation or dispute outcomes within the Order text.
No binding precedents listed: The Order does not rely on case law for its operation; it implements statutory and regulatory references numerically and procedurally.
What practitioners should do to find litigation
Search administrative and judicial databases: To determine whether the Order’s provisions have been the subject of litigation,whether by insured employers, insurers, or in administrative review,practitioners must search tribunal and court records, administrative determinations under the Act and appeals involving premium calculation disputes. Because the instrument itself is silent, external research is necessary.
Key dispute focal points likely if litigated: If litigation exists, likely factual or legal disputes could concern (a) whether particular claims are properly excluded as "journey" or "recess" claims under the Act (Schedules 1 & 2), (b) correct application of the Group options and allocation methods in Schedule 2, (c) calculation of the experience adjustment factor S or the application of V/VG from Schedule 4, and (d) whether the insurer complied with the required deposit calculation under cl 8. But this is an identification of possible dispute issues based on the instrument, not a record of actual cases.
Also check appeals on elections and exemptions in the Regulation: Because Schedule 4 references an employer election in clause 154(5) of the Workers Compensation Regulation 2010 and cl 4(5) excludes specialised insurers set out in clause 165 of the Regulation, litigation could also relate to those regulatory elections and exemptions.
Given the absence of litigation references in the Order, a proper litigation history requires external legal research in court and tribunal databases for cases post‑2011 that challenge or interpret these calculation provisions or their application.
Gotchas
This Order has several features that can produce surprise operational or financial consequences if not properly attended to. The following are concrete points, each grounded in the instrument’s text.
Multiple future adjustment dates create multi‑year premium volatility (cl 3(2); Schedule 1 cl 1(2)). Deposit is provisional. Employers must be prepared for premium recalculations at 15, 24, 36, 48 and 60 months. That affects cashflow and budgeting: an initially lower deposit can be followed by material premium calls later, or an initial high deposit may be refunded later.
$175 absolute minimum (cl 7). Regardless of calculated PD or adjusted premium, the amount cannot be below $175. For very small employers this floor prevents premiums approaching zero and may create a fixed cost that changes effective marginal incentives for taking out cover or for micro employers.
Exclusion of journey and recess claims from cost of claims variables (Schedule 1 cl 2; Schedule 2 cl 6). When computing C or CE or CG, insurers must exclude claims under sections 10 and 11 of the Act. Misclassifying claims can materially distort the adjusted premium. Accurate claims categorisation is therefore non‑optional.
Claims adjustment factor depends on election of large claim limit (Schedule 4; Schedule 2 cl 6 referencing clause 154(5) of the Regulation). Employers who elect different large claim limits will face different V values at each adjustment date. An employer’s election therefore represents a discrete lever that affects retrospective development charges; the election may have been made previously and may not be readily changeable.
Group options and allocation complexity (Schedule 2 cl 1-6). Schedule 2 provides three options for group members. Choosing the wrong option or misapplying the group aggregation (PGd, TG, CG, VG) will affect both required deposits and adjusted premium allocation. Groups must understand which option applies and whether the calculation will be done at group level then allocated or at member level.
Pmin/Pmax caps are formulaically determined (Schedule 1 cl 2; Schedule 2 cl 6). The adjusted premium is constrained between calculated minimum and maximum values. Those bounds depend on T, S, V and other components. Practitioners should not assume the bounds are static; they depend on inputs and the adjustment date.
Dependence on General Order inputs (Schedule 1 cl 2; cl 4(4)). Several variables (T, Q, D, M, A) are calculated under the General Order. If the General Order changes or if the inputs are miscomputed, the retro‑paid premiums will be incorrect. The Order requires integration between the two instruments.
Required deposit calculation changes at first adjustment date (cl 8(1)). Clause 8 provides distinct formulae before the first adjustment date and on and from the first adjustment date. Practitioners must ensure timing of RD calculation is synchronised with adjustment triggers; otherwise an incorrect RD could be collected.
Specialised insurer exclusion (cl 4(5)). A policy issued by a specialised insurer exempted by clause 165 of the Regulation is excluded. Failure to check exemptions could lead to applying this Order to policies it does not cover.
The Order is time‑limited and subject to successor orders (cl 4(2)-(3)). Insurers and employers must confirm whether this Order or a successor applies for policy years after 30 June 2012. Relying on 2011-2012 parameters without confirming later instruments risks miscalculation.
No procedural or penalty detail in the Order. The Order is silent on notice, timing for collection or refund mechanics and penalties (cl 4(4) indicates reliance on the General Order). That means operational processes must follow the General Order and the Act; incorrectly assuming procedural rules are in this Order will be an error.
Numerical values in Schedule 4 vary by both date and large‑claim election,e.g. first adjustment date V = 3.05 for $350,000 vs 2.95 for $500,000; second adjustment date V = 2.10 vs 2.00; later dates decline further (Schedule 4 Table). These multipliers can meaningfully amplify historic or current claims costs in the adjusted premium calculation and should be modelled.
Recordkeeping burden. The formulas require precise inputs (claim costs excluding certain classes, tariff premiums under the General Order, experience adjustment S, claims adjustment V). Employers and insurers must retain and reconcile claims data for up to five years to support recalculations and audits.
Each of these “gotchas” arises directly from the text: adjustment dates (cl 3(2)), minimum premium (cl 7), exclusions for particular claims (Schedules 1 & 2), group mechanics (Schedule 2) and Schedule 4’s explicit Table. Attention to those specifics will prevent common implementation errors.
How to comply
Compliance requires a procedural checklist that maps the Order’s prescriptions onto an insurer’s (and adviser’s) operational processes. The following steps are grounded in the Order’s clauses and Schedules.
Determine applicability for each policy
Check whether the employer is eligible and has elected the retro‑paid loss premium method under s 168A of the Act (cl 4(1)).
Check the policy commencement or renewal effective date to ensure it falls within 4 pm 30 June 2011 to before 4 pm 30 June 2012, or confirm whether a successor order applies if relevant (cl 4(2)-(3)).
Verify whether the policy is issued by a specialised insurer exempted under clause 165 of the Workers Compensation Regulation 2010; if so, the Order does not apply (cl 4(5)).
Establish group status
Identify whether the employer is a member of a group for premium calculation purposes. If the employer is a group member, Schedule 2 applies in place of Schedule 1 (Schedule 2 cl 1; cl 6 interpretation).
If a group exists, confirm which Option (1, 2 or 3) applies to that group and document the group aggregation method (Schedule 2 cl 3-5).
Collect required inputs from the General Order and records
Calculate the basic tariff premium T for the employer (Schedule 1 cl 2; Schedule 2 cl 6 refers to TE and TG). Where policies have non‑12‑month periods, apply the General Order’s Schedule 3 as if the policy had a 12‑month period where directed.
Obtain Premiums adjustment contribution Q, dust diseases contribution D, Mine Safety Fund adjustment M, and apprentice incentive A as calculated under the General Order (Schedule 1 cl 2).
Prepare claims datasets that exclude journey and recess claims (sections 10 and 11 of the Act) as required for C, CE, CG (Schedule 1 cl 2; Schedule 2 cl 6). Maintain records to support these exclusions.
Compute deposit premium at commencement
If the employer is a single employer, compute PD per Schedule 1 clause 1(1). If a group member, compute PEd per Schedule 2 clause 2 and allocate as required.
Ensure PD is not less than $175 (cl 7).
Calculate the required deposit (RD)
Apply clause 8: before the first adjustment date use the first formula in cl 8(1)(a); on and from the first adjustment date use the formula in cl 8(1)(b). If the employer is a group member, use the group RD formulae in cl 8(2)(a)-(b). Where image formulas appear in the published Order, use those exact formulae; the clause text defines the variables (PD, P, Pmax, PGd, PG etc).
Set up adjustment timetable and notifications
Mark the adjustment dates: 15, 24, 36, 48, 60 months from the policy commencement (cl 3(2)). Prepare systems to run recalculation at each date and to generate notices in accordance with the Act and General Order (cl 4(4)).
Recalculate adjusted premiums at each adjustment date
For single employers, apply Schedule 1 clause 1(2) to compute the adjusted premium P at each adjustment date. For group members, apply the applicable Option formula in Schedule 2 cl 3-5. Ensure adjusted premiums are bounded by calculated Pmin and Pmax (Schedule 1 cl 1(2)) or PGmin and PGmax for groups (Schedule 2 cl 6).
Compute the experience adjustment factor S (or SG for groups) using Schedule 3. For S, use the formula in Schedule 3 cl 1; for SG use cl 2 and the defined TG.
Use the claims adjustment factor V or VG from Schedule 4 based on the employer’s large claim election under clause 154(5) of the Workers Compensation Regulation 2010. Apply the Table values for the appropriate adjustment date. Document the employer’s election and ensure correct V/VG selection.
Administer premium calls and refunds
Where adjusted premium exceeds amounts previously paid (deposit or earlier adjustments), collect additional premium consistent with the Act and the General Order (cl 4(4)). Where adjusted premium falls below prior payments, process refunds or credits as allowed by the Act and the General Order. The Order itself does not specify timeframes or notice obligations; follow the Act and General Order procedures.
Recordkeeping and audit trail
Maintain a full audit trail showing inputs: basic tariff premium calculations, experience adjustment calculations, claims lists with exclusions for journey and recess claims, group aggregation steps, large claim election records, and the RD calculations at inception and on first adjustment date.
Keep records for at least the five‑year adjustment horizon, because premiums are recalculated out to the fifth adjustment date at 60 months.
Reconcile with General Order and Regulation
Cross‑check any inputs calculated under the General Order and the relevant provisions of the Workers Compensation Regulation 2010.
For any ambiguity or conflict between the instruments, document the interpretive choice and the clause basis (the Order states that words and expressions have the same meanings as in the General Order unless this Order provides otherwise,cl 3(1)).
System and process changes
Update premium‑calculation systems to implement Schedules 1-4, including the numeric values in Schedule 4’s Table.
Train actuarial, broking and claims teams on the exclusion rules for journey and recess claims and on group allocation options.
Include scenario modelling of V multipliers across adjustment dates to forecast potential premium volatility and employer cashflow impact.
Legal and advisory checks
Confirm whether a subsequent retro‑paid loss premium order applies for policy years after 30 June 2012 (cl 4(3)).
Advise employers on the consequences of their large claim election under the Regulation and assist groups to choose the Schedule 2 option that matches their contractual arrangement.
Following these steps will align operational practice with the Order’s prescriptions. Because the Order relies on the General Order and the Workers Compensation Regulation 2010 for many inputs and procedural rules, compliance requires concurrent reference to those instruments.
Section 6Retro-Paid Loss Premium Method of premium calculation
(2) This Order applies to and in respect of retro-paid loss premium policies that are to be or have been issued or renewed so as to take effect on or after 4 pm on 30 June 2011 and before 4 pm on 30 June 2012.
(3) If, before 4 pm on 30 June 2012, an insurance premiums order that applies only to and in respect of retro-paid loss premium policies has not been made in respect of such policies of insurance taking effect on or after that time, this Order applies to and in respect of those policies pending the making of such an order.
(4) The General Order (other than clauses 3 and 4) applies to and in respect of retro-paid loss premium policies, unless this Order provides otherwise.
(5) This Order does not apply to a policy of insurance issued or renewed by a specialised insurer that is exempted from insurance premiums orders by clause 165 of the Workers Compensation Regulation 2010.
5 Classification of large employers
5 Classification of large employers
5 Classification of large employers
A large employer within the meaning of the General Order is classified a large employer under this Order.
6 Retro-Paid Loss Premium Method of premium calculation
6 Retro-Paid Loss Premium Method of premium calculation
6 Retro-Paid Loss Premium Method of premium calculation
For the purposes of section 168A of the Act, the alternative method is to calculate the premium for a policy of insurance at the commencement of the period of insurance (the deposit premium), and then recalculate the premium at each adjustment date (the adjusted premium), in accordance with this Order.
7 Minimum premium
7 Minimum premium
7 Minimum premium
Despite any other provision of this Order, a deposit premium and an adjusted premium in respect of any policy of insurance is to be no less than $175.
8 Calculation of required deposit: section 172A of Act
8 Calculation of required deposit: section 172A of Act
8 Calculation of required deposit: section 172A of Act
(1) The required deposit for an employer in relation to a policy of insurance is to be calculated in accordance with the following formula:
(a) before the first adjustment date:
(b) on and from the first adjustment date:
where:
RD is the required deposit in respect of the period of insurance to which the policy relates.
Pmax is the maximum premium that is payable by the employer calculated in accordance with Schedule 1.
PD is the deposit premium payable by the employer calculated in accordance with Schedule 1.
P is the premium payable by an employer for a policy of insurance calculated in accordance with Schedule 1.
(2) However, if the employer is a member of a group, subclause (1) does not apply and the required deposit for an employer in relation to a policy of insurance is to be calculated in accordance with the following formula:
(a) before the first adjustment date:
(b) on and from the first adjustment date:
where:
RD is the required deposit in respect of the period of insurance to which the policy relates.
PGmax is the maximum premium that is payable by the members of the group in respect of the period of insurance to which the group’s policies relate calculated in accordance with Schedule 2.
PGd is the deposit premium payable by the members of the group in respect of the period of insurance to which the group’s policies relate calculated in accordance with Schedule 2.
PEd is the deposit premium that is payable by the employer who is a member of a group calculated in accordance with Schedule 2.
PG is the group premium payable by the members of the group in respect of the period of insurance to which the group’s policies relate calculated in accordance with Schedule 2.
PE is the premium for the time being payable by an employer who is a member of a group in respect of the period of insurance to which the policy relates (including, where adjustments are required to be made to that premium by reason of the operation of this Order, the premium so payable by reason of those adjustments).
9 Schedules form part of Order
9 Schedules form part of Order
9 Schedules form part of Order
Schedules 1–4 form part of this Order.
Schedule 1 Method of calculation of deposit premium and adjusted premium—general
Schedule 1 Method of calculation of deposit premium and adjusted premium—general
Schedule 1 Method of calculation of deposit premium and adjusted premium—general
(Clause 8)
1 Calculation of deposit premium and adjusted premium
1 Calculation of deposit premium and adjusted premium
1 Calculation of deposit premium and adjusted premium
(1) The method for calculating the premium for a policy of insurance at the commencement of the period of insurance (the deposit premium) is as follows:
(2) The method for recalculating the premium for the policy of insurance at each adjustment date (the adjusted premium) is as follows:
but is not less than Pmin and not more than Pmax.
2 Interpretation
2 Interpretation
2 Interpretation
In this Schedule:
P is the adjusted premium for the time being payable by the employer in respect of the period of insurance to which the policy relates (including, where adjustments are required to be made to that premium by reason of the operation of this Order, the premium so payable by reason of those adjustments).
C is the total of the cost of claims for the employer in respect of the period of insurance (not including the cost of any claims under sections 10 (Journey claims) and 11 (Recess claims) of the Act).
V is the claims adjustment factor for the employer determined with respect to the period of insurance to which the policy relates in accordance with Schedule 4 of this Order.
PD is the deposit premium payable by the employer in respect of the period of insurance to which the policy relates.
Pmax is the maximum premium that is payable by the employer in respect of the period of insurance to which the policy relates, calculated as follows:
Pmin is the minimum premium that is payable by the employer in respect of the period of insurance to which the policy relates, calculated as follows:
(a) in relation to a premium calculated at the first or second adjustment date:
(b) in relation to a premium calculated at the third, fourth or fifth adjustment date:
V5 is the claims adjustment factor for the employer determined with respect to the period of insurance to which the policy relates in accordance with Schedule 4 of this Order in relation to the fifth adjustment date.
T is the basic tariff premium for the employer, calculated with respect to the period of insurance in accordance with the General Order.
S is the experience adjustment factor for the employer determined with respect to the period of insurance in accordance with Schedule 3 of this Order.
Q is the premiums adjustment contribution, if any, for the employer calculated with respect to the period of insurance in accordance with the General Order.
D is the dust diseases contribution, if any, for the employer calculated with respect to the period of insurance in accordance with the General Order.
M is the Mine Safety Fund premium adjustment, if any, for the employer calculated with respect to the period of insurance in accordance with the General Order.
A is the apprentice incentive amount, if any, for the employer calculated with respect to the period of insurance in accordance with the General Order.
Schedule 2 Method of calculation of deposit premium and adjusted premium—member of a group
Schedule 2 Method of calculation of deposit premium and adjusted premium—member of a group
Schedule 2 Method of calculation of deposit premium and adjusted premium—member of a group
(Clause 8)
1 Application of Schedule
1 Application of Schedule
1 Application of Schedule
Despite Schedule 1, if an employer is a member of a group, the provisions of this Schedule apply.
2 Premium at commencement of policy period
2 Premium at commencement of policy period
2 Premium at commencement of policy period
The method for calculating the premium for the policy of insurance at the commencement of the period of insurance (the deposit premium) is as follows:
3 Option 1
3 Option 1
3 Option 1
For members of a group to which Option 1 applies, the method for recalculating the premium for the policy of insurance at each adjustment date (the adjusted premium) is as follows:
4 Option 2
4 Option 2
4 Option 2
For members of a group to which Option 2 applies, the method for recalculating the premium for the policy of insurance at each adjustment date (the adjusted premium) is as follows:
However, if CG= 0, then the premium is to be calculated in accordance with the formula set out for Option 1 in clause 3.
5 Option 3
5 Option 3
5 Option 3
For members of a group to which Option 3 applies, the method for recalculating the premium for the policy of insurance at each adjustment date (the adjusted premium) is as follows:
6 Interpretation
6 Interpretation
6 Interpretation
(1) Terms that have a meaning in Schedule 1 have the same meaning in this Schedule.
(2) In this Schedule:
PEd is the deposit premium payable by the employer who is a member of a group in respect of the period of insurance to which the policy relates.
PGd is the group deposit premium payable by the members of the group calculated as follows:
PGmin is the minimum premium that is payable by the members of the group in respect of the period of insurance to which the group’s policies relate, calculated as follows:
(a) in relation to a premium calculated at the first or second adjustment date:
(b) in relation to a premium calculated at the third, fourth or fifth adjustment date:
PGmax is the maximum premium that is payable by the members of the group in respect of the period of insurance to which the group’s policies relate, calculated as follows:
TE is the basic tariff premium for the employer who is a member of a group calculated:
(a) where the period of insurance to which the premium relates is 12 months—in accordance with Schedule 3 of the General Order with respect to that period of insurance, or
(b) where the period of insurance to which the premium relates is not 12 months—in accordance with Schedule 3 of the General Order as if the policy to which the premium relates had a period of insurance of 12 months.
TG is the sum of the basic tariff premiums for all the members of a group calculated:
(a) where the period of insurance to which the premium relates is 12 months—in accordance with Schedule 3 of the General Order with respect to that period of insurance, or
(b) where the period of insurance to which the premium relates is not 12 months—in accordance with Schedule 3 of the General Order as if the policies to which the premiums relate had a period of insurance of 12 months.
SG is the experience adjustment factor for a group of which the employer is a member determined with respect to the period of insurance to which the group’s policies o
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