Insurance Premiums Order (Retro-Paid Loss Premium Method) 2012–2013
In ForceNSW
Jurisdiction
New South Wales
Act Number
273 of 2012
Collection
regulation
Plain English Summary
7/10 complexity
This Order prescribes how to calculate premiums for ‘retro‑paid loss premium’ workers’ compensation policies issued or renewed between 4 pm 30 June 2012 and 4 pm 30 June 2013. It requires an initial deposit premium and recalculation at specified adjustment dates (15, 24, 36, 48, 60 months), sets a $175 floor and caps, and supplies separate formulae for single employers, grouped employers, experience adjustments and large‑claim adjustments.
This instrument prescribes a detailed, formulaic method for calculating premiums for a narrow class of workers compensation insurance policies described as "retro-paid loss premium" policies. Mechanically, it requires insurers or otherwise specified calculating bodies to:
apply an alternative premium method authorised by section 168A of the Act by setting an initial deposit premium at policy commencement and then recalculating the premium at a sequence of five specified adjustment dates (15, 24, 36, 48 and 60 months after commencement), in accordance with the Order (clause 6; clause 3(2)(a)-(e));
ensure every deposit premium and adjusted premium is not below a statutory floor of $175 (clause 7);
calculate a "required deposit" for an employer by a formula set out in clause 8 (heading references section 172A of the Act) with different formula forms applying before and after the third adjustment date (clause 8);
use the schedules to implement the details: Schedule 1 provides general formulas for deposit and adjusted premiums and defines the variables used in those formulas (Schedule 1, clause 1 and clause 2); Schedule 2 replaces Schedule 1 where the employer is a member of a group and sets out three group options for adjusted premium recalculation (Schedule 2, clauses 1-5); Schedule 3 prescribes the experience adjustment factor "S" (Schedule 3, clauses 1-3); Schedule 4 prescribes the claims adjustment factor "V" or "VG", expressed as fixed numeric multipliers that vary by adjustment date and by the large claim limit an employer or group has elected under the Workers Compensation Regulation 2010 (Schedule 4, Table).
preserve the General Order as the fallback for all provisions not overridden here (clause 4(4)); and
exclude specialised insurers who are exempted under clause 165 of the Workers Compensation Regulation 2010 from the scope of this Order (clause 4(5)).
Current sections
Direct links to the current provisions in Insurance Premiums Order (Retro-Paid Loss Premium Method) 2012–2013.
(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 2012 and before 4 pm on 30 June 2013.
(3) If, before 4 pm on 30 June 2013, 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 as 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
The required deposit for an employer in relation to a policy of insurance is to be calculated in accordance with the following formula:
(a) on or before the third adjustment date:
(b) after the third adjustment date:
where:
RD is the required deposit in respect of the period of insurance to which the policy relates.
T is the basic tariff premium for the employer, calculated with respect to the period of insurance in accordance with the General Order.
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
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
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) 2012–2013.
2 Commencement
2 Commencement
2 Commencement
This Order commences at 4 pm on 30 June 2012 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 2012–2013, or
(b) if no such order has been made, the Insurance Premiums Order 2011–2012.
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).
The Order is time-bound in application. It operates for policies issued or renewed to take effect from 4 pm on 30 June 2012 and before 4 pm on 30 June 2013; if no successor retro-paid loss premium order is made before 4 pm on 30 June 2013, the Order continues to apply pending the making of such an order (clause 4(2)-(3)). The Order must be published in the Gazette and commenced at the specified time (clause 2). The Schedules 1 to 4 are stated to form part of the Order (clause 9).
The instrument thereby converts a policy-level choice to use the retro-paid loss premium method into a fully-specified set of arithmetic steps, caps, floors and adjustment multipliers, and into group-level aggregation rules where relevant.
Main concepts
The Order builds on a handful of recurring technical concepts. Defining and mapping these is necessary to follow the formulas and to identify who bears which risks.
Adjustment dates. The Order fixes five adjustment dates measured from the commencement of the period of insurance: 15, 24, 36, 48 and 60 months (clause 3(2)). The deposit premium is set at commencement and the adjusted premium is recalculated at each adjustment date (clause 6).
Deposit premium and adjusted premium. "Deposit premium" is the premium payable at the start of the period of insurance; "adjusted premium" is the premium recalculated at an adjustment date (Schedule 1, clause 1). Schedule 1 supplies the general formulas for PD and for P, with P bounded by Pmin and Pmax (Schedule 1, clause 1(1)-(2) and Schedule 1, clause 2 definitions).
Required deposit (RD). Clause 8 specifies a required deposit formula for use under section 172A of the Act, with two different algebraic forms depending on whether the calculation is on or before the third adjustment date or after the third adjustment date (clause 8).
Cost of claims (C, CE, CG). The variable C is the total cost of claims for an employer in respect of the period of insurance, excluding journey (s 10) and recess (s 11) claims of the Act (Schedule 1, clause 2). For group calculations, CE and CG capture employer and group claims totals respectively (Schedule 2, clause 6).
Experience adjustment factor (S, SG). Schedule 3 prescribes the "experience adjustment factor" S for employers or SG for groups. The experience adjustment factor is a computed multiplier that feeds into the adjusted premium formula and depends on the employer's basic tariff premium and prior experience variables (Schedule 3, clauses 1-3).
Claims adjustment factor (V, VG). Schedule 4 sets fixed numeric multipliers for the claims adjustment factor at each adjustment date. The chosen factor depends on whether the employer or group has elected a $350,000 or $500,000 large claim limit under clause 154(5) of the Workers Compensation Regulation 2010. The table lists V/VG as 3.05/2.95 at the first adjustment date, 2.10/2.00 at the second, 1.80/1.70 at the third, 1.75/1.67 at the fourth and fifth dates (Schedule 4, Table).
Tariff premium and other loadings. The basic tariff premium T (or TE/TG for employers/groups) is calculated in accordance with Schedule 3 of the General Order; additional adjustments and contributions that feed into the final payable premium include Q (premiums adjustment contribution), D (dust diseases contribution), M (Mine Safety Fund premium adjustment) and A (apprentice incentive amount) as defined in Schedule 1 (Schedule 1, clause 2).
Group options. Schedule 2 overrides Schedule 1 for group members and offers three options (Option 1, 2 and 3) for recalculating adjusted premiums, including aggregation into group deposit and adjusted premiums (Schedule 2, clauses 2-5). Option 2 contains a fallback to Option 1 when CG = 0 (Schedule 2, clause 4).
Minimums and maximums. The adjusted premium P is bounded by Pmin and Pmax defined in Schedule 1, clause 2. Similarly, group premiums have PGmin and PGmax (Schedule 2, clause 6). The statutory floor of $175 also applies to both deposit and adjusted premiums (clause 7).
Relationship with the General Order and Workers Compensation Regulation 2010. The Order explicitly adopts definitions and methods from the General Order unless it provides otherwise (clause 3(1) and clause 4(4)). It also imports the definition of "cost of claims" from Division 4 of Part 18 of the Workers Compensation Regulation 2010 (clause 3(2)) and refers to clause 165 of that Regulation for specialised insurer exemptions and clause 154(5) for the large claim limit election relevant to Schedule 4.
Those core concepts determine the mechanics of premium calculation, the time horizon over which private employers remain exposed to adjustments (up to five years), and the channels through which claims experience and an employer's tariff profile affect premium movements.
Who it affects
The primary economic actors bearing the immediate financial effects are employers whose policies come within the retro-paid loss premium method and the insurers or underwriting managers who calculate and collect those premiums.
Employers. Clause 4(1) makes the Order applicable only to employer policies to which the optional alternative method under section 168A of the Act applies, i.e. retro-paid loss premium policies. Employers who elect, or are eligible for, this alternate approach will have an initial deposit premium and be subject to subsequent premium adjustments at the specified dates (clause 6). The sequence of five adjustment dates means employers remain subject to premium recalculation over a long tail , up to 60 months after commencement (clause 3(2)).
Insurers and specialised insurers. Insurers issuing the retro-paid loss premium policies are responsible for calculating deposit and adjusted premiums using the Order's formulas. Specialised insurers that are exempted from insurance premiums orders by clause 165 of the Workers Compensation Regulation 2010 are outside the Order's scope (clause 4(5)). The Order therefore affects mainstream insurers providing employers' policies under the statutory regime; specialised insurers may be exempt.
Groups of employers. Employers that are members of a "group" for premium purposes are subject to the group-specific mechanisms in Schedule 2. The Order affects how risk and premium adjustments are aggregated within groups, with three alternative options for adjusted premium recalculation and explicit aggregation variables PG, CG and VG (Schedule 2, clauses 1-5 and clause 6).
Regulatory administrators. Entities responsible for applying the General Order calculations (for example where T is calculated "in accordance with the General Order") will need to incorporate this Order's formulas, the Schedule 4 claims multipliers and the group aggregation options when determining premiums for the defined time window (clause 4(4); Schedule 1 and Schedule 4).
The Act and Regulation frameworks. Although not "affected" as persons, the Order operates as a subordinate instrument interfacing tightly with the Act and the Workers Compensation Regulation 2010 through cross-references. Employers with claims of specified types are affected by the exclusions from "cost of claims", and the employer’s election under clause 154(5) of the Regulation alters the Schedule 4 multipliers applied to their experience (clause 3(2); Schedule 4).
Practical concentration of effect. The mechanism concentrates adjustment risk on employers using the retro-paid method: their premiums are explicitly variable over a five-year horizon and tied to their claims experience and tariff measures. Where employers participate in groups, the aggregation rules shift the distribution of that adjustment risk among group members. The insurer’s role is to apply the algebraic mechanics; any redistribution of cash flows between employers and insurers, or among group members, operates through those formulas.
Key duties and rights
The Order imposes precise calculation and administrative duties while preserving certain rights such as group option elections and large claim limit elections under the Regulation.
Duties
Calculate deposit and adjusted premiums in accordance with the Order. Clause 6 instructs that for the purposes of section 168A of the Act the alternative method is to calculate a deposit premium at commencement and then recalculate at each adjustment date in accordance with this Order. Schedule 1 clause 1 sets the general method for PD and P; Schedule 2 specifies alternative group methods where relevant.
Observe minimums and bounds. Insurers must not set any deposit premium or adjusted premium less than $175 (clause 7). Adjusted premiums must also respect Pmin and Pmax (Schedule 1, clause 2).
Apply formula components correctly. Definitions in Schedule 1, clause 2 list components that feed into the algebraic formulas: C (cost of claims, excluding journey and recess claims), V (claims adjustment factor), T (basic tariff premium), S (experience adjustment factor from Schedule 3), and other loadings Q, D, M and A. Those variables must be calculated in the manner specified, including calculation of T in accordance with Schedule 3 of the General Order and S per Schedule 3 of this Order.
For groups, apply Schedule 2. If the employer is a group member, the provision in Schedule 2 replaces Schedule 1 (Schedule 2, clause 1). Group calculations require computing PG, PGmin, PGmax, SG and VG using the formulas and the options described in Schedule 2 and its interpretation clause (Schedule 2, clause 6).
Use correct claims adjustment factor based on large claim limit elected. Schedule 4 requires using the multiplier corresponding to the chosen large claim limit ($350,000 or $500,000) and the relevant adjustment date; insurers must ensure the election under clause 154(5) of the Regulation is observed.
Exclude specific claim categories from C. The definitions specify that cost of claims C does not include claims under sections 10 and 11 of the Act (Journey and Recess claims) (Schedule 1, clause 2).
Rights or operational options
Group option selection. Where groups are involved, Schedule 2 provides Options 1, 2 and 3 for recalculation. Insurers and groups will need to determine and document which Option applies to the group, including the fallback in Option 2 to Option 1 when CG = 0 (Schedule 2, clauses 3-5 and clause 4).
Large claim limit election affects V. Employers or groups have the statutory election under clause 154(5) of the Workers Compensation Regulation 2010 to elect a $350,000 or $500,000 large claim limit; that election materially affects the claims adjustment factor applied at each adjustment date under Schedule 4.
Use of General Order material. The Order explicitly delegates to the General Order for items it does not override (clause 4(4)). Rights and procedures contained in the General Order, including calculation of T in its Schedule 3 and any administrative timelines or notice requirements, continue to apply unless displaced by this Order.
Administrative duties implied by the formulas
Maintain records over a five-year window sufficient to establish C, CE, CG, and the components used to compute S and V at each adjustment date.
Apply the alternate RD formula in clause 8 for the employer’s required deposit, with one algebraic form applying on or before the third adjustment date and another applying after that date.
The Order is procedural and prescriptive; the principal obligations are calculation and compliance with the prescribed arithmetic and the attendant administrative record-keeping required to support those calculations.
Penalties and enforcement
The Order itself contains no express penalty or offence provisions. It prescribes calculation methods, caps, floors and definitions but does not set out enforcement mechanisms or monetary penalties within its text.
No internal penalty clauses. A review of the Order shows no clause that creates criminal or civil penalties, infringement notices or administrative fines for breach of the Order. The Order is silent on enforcement steps within its own text.
Interaction with the Act and General Order. Because the Order operates under, and references, the Act and the General Order (clause 3(1); clause 4(4)), enforcement and consequences of non-compliance will depend on the broader statutory framework. Those frameworks commonly contain supervisory and enforcement mechanisms governing insurers and premium-setting. For example, the Act (referred to in clause headings and throughout) may contain obligations, administrative powers, or sanctions relevant to incorrect premium calculation, disputes or failures to comply with subordinate instruments. The Order itself does not restate or reallocate enforcement powers.
Practical sanctions and contractual effects. Even absent express penalties in the Order, failure by an insurer to calculate premiums in accordance with the Order is likely to have practical legal consequences in commercial and regulatory contexts. Possible consequences, depending on the Act and General Order frameworks which govern licencing, contractual interpretation and regulatory supervision, include administrative directions from regulators, disputes with employers, rectification of premiums, adjustments of accounts, and possible regulatory action under the Act. Those consequences are not specified in this Order and must be sought in the Act and in the General Order.
Publication and transparency. The Order requires publication in the Gazette (clause 2). That step supports transparency and the ability of employers, insurers and auditors to identify the controlling rules for premiums during the operative period.
Record-keeping and audit evidence. The number of variables feeding into calculations, and the five-year adjustment horizon, imply that regulators will look to records (calculations of T, C, S, V, group aggregation data) when reviewing compliance. The Order defines the computational items that must be demonstrably correct; absence of supporting records would impede an insurer’s ability to justify premium decisions under audit.
In short, the instrument supplies the computational rules but not the enforcement apparatus. Enforcement questions,how breaches are remedied, whether penalties apply, which regulator is authorised to act,must be resolved by consulting the Act and the General Order that the instrument references.
How it interacts with other laws
This Order is tightly tied to two upstream instruments: the Act (specific sections referenced) and the Workers Compensation Regulation 2010, as well as to the contemporaneous General Order for insurance premiums. The Order imports methods and definitions from those instruments and modifies or supplements them for the retro-paid loss premium context.
Relationship with the Act. The Order implements the "optional alternative method" allowed by section 168A of the Act by specifying the mechanics for deposit and adjusted premium calculation (clause 6). Clause 8 explicitly addresses calculation of the "required deposit" in accordance with section 172A of the Act. The Order also relies on the Act for the meaning of journey and recess claims, which it excludes from cost-of-claims calculations by reference to sections 10 and 11 (Schedule 1, clause 2).
Dependence on the General Order. The Order states that words and expressions not defined in this Order have the same meanings as in the General Order unless this Order provides otherwise (clause 3(1)). It further provides that the General Order, other than clauses 3 and 4, applies to retro-paid loss premium policies unless overridden (clause 4(4)). Practical implications include that the calculation of the basic tariff premium T is performed in accordance with Schedule 3 of the General Order (Schedule 1, clause 2 definition of T) and that other loadings or administrative provisions (for example those that set out how Q, D, M and A are calculated) are adopted from the General Order.
Interaction with Workers Compensation Regulation 2010. The Order imports the meaning of "cost of claims" from Division 4 of Part 18 of the Regulation (clause 3(2)). Clause 4(5) removes from this Order policies issued by specialised insurers who are exempted by clause 165 of the Regulation. Schedule 4 depends directly on an election allowed by clause 154(5) of the Regulation, as the selection of a $350,000 or $500,000 large claim limit under that clause determines which V/VG multipliers apply. Those cross-references mean that amendments to the Regulation or the General Order could change the inputs or the population affected by this Order without amending this Order.
Temporal overlap and successor orders. Clause 4(2) limits the Order to policies taking effect between 4 pm on 30 June 2012 and before 4 pm on 30 June 2013, but clause 4(3) provides an operational rollover if a successor retro-paid loss premium order is not made by that 2013 deadline, stating that the Order applies pending the making of such an order. Practically, this creates continuity where statutory instruments are delayed.
Exclusions and definitional carriage. The Order excludes some claim categories from cost-of-claims for premium adjustment purposes (Schedule 1, clause 2). That exclusion alters the incidence of certain claims on premiums compared to a regime that counted those claim types.
No express conflict-resolution rule. The Order does not contain an express clause addressing conflict between it and the General Order beyond the overall primacy statement in clause 4(4). Where operational conflicts arise, the standard subordinate instrument rules apply: the specific provisions of this Order prevail for the matters it addresses; otherwise the General Order governs.
For practitioners, the result is that correct premium computation requires reading this Order in conjunction with the Act, the General Order and the Workers Compensation Regulation 2010. The Order delegates key inputs, and rights such as the large claim limit election, to those other instruments, so changes to them alter the application of this Order.
Amendment history
The text supplied sets out the originating terms of the Insurance Premiums Order (Retro-Paid Loss Premium Method) 2012-2013 as made and commenced at 4 pm on 30 June 2012 (clause 2). The Order is a time-limited instrument covering policies effective from that commencement moment up to before 4 pm on 30 June 2013 (clause 4(2)). It also contains a continuity mechanism in clause 4(3) providing that if, before 4 pm on 30 June 2013, no successor retro-paid loss premium order has been made, this Order continues to apply to policies taking effect on or after that time pending the making of a new order.
The Order’s Schedules 1 to 4 are expressly incorporated into the Order (clause 9). The instrument does not include any further textual amendment history within the supplied material. There are no marked variations, revocations or amendments shown in the supplied text.
What the Order establishes from an amendment-tracking perspective:
It is a discrete statutory instrument for the policy year 2012-2013 with a statutory commencement time and an expiry window, subject to rollover pending a successor order (clauses 2 and 4(2)-(3)).
It preserves the General Order as the default for provisions not displaced by this Order (clause 4(4)); consequential changes to the General Order or to the Workers Compensation Regulation 2010 would change the operating environment for this Order without requiring amendment to this instrument itself.
Any practical amendment to premiums methodology for subsequent years would usually be delivered by making a successor insurance premiums order for the subsequent policy year; clause 4(3) acknowledges that successor orders are the routine mechanism for change.
The Order does not itself contain transitional provisions beyond the specified adjustment dates and the operative period; the five adjustment dates provide the temporal mechanics for premium recalculation during the life of a policy.
For a practitioner tracking statutory change, the key items to monitor after this instrument are: (1) whether a successor retro-paid loss premium order was made before the 30 June 2013 cut-off; and (2) any amendments to the General Order or to the Workers Compensation Regulation 2010 that alter the calculation inputs such as the definition of cost of claims, the clause allowing large claim limit election, or the Schedule 3 rules for calculating T. Those upstream changes will change how this Order operates even without textual amendment here.
Litigation history
The supplied instrument contains no references to litigation, judicial interpretation or statutory appeals. It does not cite any cases, nor does it include notes of construction by courts.
Accordingly:
There is no litigation history recited or embedded in the instrument itself. The Order is a technical subordinate instrument setting out arithmetic rules and cross-references to the Act, the General Order and the Workers Compensation Regulation 2010.
Any disputes that might arise from application of the Order , for example disputes about the correct calculation of T, S, V, CG, CE, or whether specific costs properly count within C , would be resolved through the dispute resolution and supervisory mechanisms contained in the Act, the General Order, or relevant civil or administrative law processes. Those mechanisms are not set out here.
Because Schedule 4 establishes fixed numeric multipliers and the Schedules set out detailed algebraic relationships, litigation would likely focus on factual issues (data inputs, whether claims are properly excluded, whether group membership and option selection are properly recorded) rather than on interpretive ambiguity within the Order, subject to any issues in interpretation of terms carried in from the General Order or the Regulation.
If a practitioner requires authoritative case law interpreting or applying these provisions, the Order itself does not provide those precedents. The next step would be to search decisions under the Act and the General Order for disputes over premium methodology or for any judicial construction of retro-paid loss premium arrangements. The supplied text contains no such decisions.
Gotchas
The Order contains several technical traps and operational nuances that generate implementation risk or unintended cost-shifts if not handled carefully.
Five-year adjustment tail. Premiums are not finalised at policy end; adjustments are scheduled up to 60 months after commencement (clause 3(2)(a)-(e)). This long tail means employers may face premium volatility well after the policy year that generated claims experience. Employers should expect possible premium debits or credits over a multiyear window.
Minimum premium floor and formulaic bounds. Clause 7 establishes a non-negotiable minimum of $175 for both deposit and adjusted premiums. Separately, adjusted premiums are bounded by Pmin and Pmax as defined in Schedule 1, clause 2. Those floors and ceilings will constrain the degree to which favourable or adverse experience can alter premium outcomes.
Exclusion of journey and recess claims. The cost-of-claims variable C explicitly excludes claims under sections 10 and 11 of the Act (Journey and Recess claims) (Schedule 1, clause 2). If an employer’s loss profile is concentrated in those categories, the premium adjustments from this Order will not reflect that exposure, potentially creating a mismatch between risk and premium.
Dependence on external calculations for T and other components. The basic tariff premium T is to be calculated in accordance with the General Order (Schedule 1, clause 2). Errors or delays in General Order-based calculations will propagate into adjusted premiums under this Order. Practitioners must coordinate with the entities charged with producing T.
Group aggregation and cross-subsidisation potential. Schedule 2 permits group-level aggregation with three options for adjusted premium calculation. Aggregation changes how claims are pooled and can lead to cross-subsidies among members. Option 2 has a discrete fallback to Option 1 when CG = 0 (Schedule 2, clause 4), which may create edge-case behaviour for newly formed groups or groups with no claims in the period.
Claims adjustment factor depends on an election under the Regulation. The Schedule 4 multipliers are tied to the employer’s or group’s election under clause 154(5) of the Workers Compensation Regulation 2010 to adopt a $350,000 or $500,000 large claim limit. If that election is not properly recorded or contested, the wrong V/VG multiplier could be applied at recalculation dates, materially affecting outcomes.
Multiple loadings and marginal arithmetic complexity. The adjusted premium formulae involve S, V, T, Q, D, M and A variables. Those components may be computed in different instruments (some in the General Order, some in this Order), which increases the risk of inconsistent application. For example, the apprentice incentive amount A or the Mine Safety Fund M are defined to be calculated in accordance with the General Order but are incorporated directly into the P and PD calculations here (Schedule 1, clause 2).
Timing and publication assumptions. The Order commences at a specific time (4 pm on 30 June 2012) and requires Gazette publication (clause 2). Failure to confirm the operative time or to publish notices required by the General Order or the Act could create disputes about which premiums apply to a given policy that crosses that time boundary.
No enforcement text. Because the Order lacks internal penalty clauses, practical dispute resolution relies on the Act, General Order and regulatory supervision. Parties may face ambiguity about remedial pathways if calculations are disputed, increasing transaction costs and potential conflict.
Data and record-keeping burden. The calculation mechanics require accurate claims cost attribution across categories and time. Insurers must maintain records that support each adjustment across five anniversaries. Employers must verify claim attribution and group membership over that horizon. Absent clear audit trails, adjustments may be contested.
Interaction with other premium adjustments. The Order includes Q, D, M and A in the P calculation. Those items may themselves be changing by policy year or by separate orders; reconciling year-on-year changes can be intricate.
These are not theoretical points. They are operational mechanisms embedded within the Order that produce consequences at the level of cash flows, auditability and contractual certainty between employers and insurers. Practitioners should identify which of these "gotchas" are material to a specific employer or insurer portfolio and plan for record retention, clear election recording and timely coordination with the authorities calculating T and related inputs.
How to comply
This is a practical compliance checklist for insurers, employers and advisers implementing premiums under this Order. The steps assume the actor is operating within the legislative and regulatory framework that includes the Act, the General Order and the Workers Compensation Regulation 2010.
Confirm applicability
Verify the policy is a retro-paid loss premium policy for employers to whom section 168A of the Act applies (clause 4(1)). Confirm the policy effective date falls within 4 pm on 30 June 2012 and before 4 pm on 30 June 2013, or that the Order continues to apply under clause 4(3).
Identify exemptions
Check whether the insurer is a "specialised insurer" exempt under clause 165 of the Workers Compensation Regulation 2010. If so, the Order does not apply to policies issued by that insurer (clause 4(5)).
Record commencement and adjustment dates
Record the commencement date of the period of insurance and compute the five adjustment dates at +15, +24, +36, +48 and +60 months (clause 3(2)). Establish internal calendars for recalculation, invoicing and record retention for at least five years.
Compute the deposit premium at commencement
Use Schedule 1, clause 1, or Schedule 2 if the employer is a group member, to calculate the deposit premium PD payable at commencement. Ensure PD is not less than $175 (clause 7). For groups, compute PGd and individual PEd per Schedule 2, clause 2 and the interpretation in Schedule 2, clause 6.
Calculate basic tariff premium T
Obtain or compute T in accordance with Schedule 3 of the General Order as directed in Schedule 1, clause 2. For periods other than 12 months use the General Order instruction to treat the policy as if the period were 12 months (Schedule 3, clause 3).
Compute experience adjustment factor S
Use Schedule 3 to calculate S (or SG for groups) in accordance with its formulae (Schedule 3, clauses 1-2). Document the inputs used in the computation.
Compute claims adjustment factor V (or VG)
Determine 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. Apply the corresponding multiplier from the Schedule 4 table for each adjustment date (Schedule 4, Table).
Assemble cost-of-claims C
For each adjustment date compile the total cost of claims C for the period of insurance, excluding claims under sections 10 and 11 of the Act (Journey and Recess) in line with Schedule 1, clause 2.
Apply the adjusted premium formula
At each adjustment date, recompute the adjusted premium P using the Schedule 1 formula or the appropriate Schedule 2 option for groups (Schedule 1, clause 1; Schedule 2, clauses 3-5). Enforce the Pmin and Pmax bounds and ensure the adjusted premium is not less than $175 (Schedule 1, clause 2; clause 7). For group members, ensure PG is computed and allocated consistent with the chosen option (Schedule 2, clause 6).
Use the required deposit calculation where applicable
For purposes of section 172A of the Act, compute the required deposit RD in accordance with clause 8, applying the pre-third-adjustment form on or before the third adjustment date and the post-third-adjustment form thereafter (clause 8).
Include loadings and contributions
Ensure the premiums include Q, D, M and A where applicable, calculated in accordance with the General Order as defined in Schedule 1, clause 2. Verify the timing and calculation method for those elements with the General Order.
Document group option selection and large claim limit election
For groups, document which Schedule 2 option applies and maintain evidence of any group constitution or agreement that justifies that choice. For large claim limit elections, retain the formal election records under clause 154(5) so the correct V/VG multiplier can be applied.
Communicate and invoice
Notify employers promptly of deposit and adjusted premium calculations and the reasons for any change at each adjustment date, consistent with any notice requirements in the Act or the General Order. Maintain transparent computation workpapers showing each input and the arithmetic applied.
Maintain records and audit trail
Retain records used to calculate T, C, S, V, PG, CG, CE and the other loadings for at least five years to support the adjustment process and any regulatory audit. Given the five adjustment dates, preserve records covering the full adjustment horizon.
Plan for disputes and corrections
Establish an internal process for handling employer disputes about inputs (for example, claim classification, group membership, or election status). Understand and document how corrections will be reflected at subsequent adjustment dates and how they interact with Pmin/Pmax and the $175 floor.
Monitor upstream instruments
Because the Order imports inputs from the General Order and the Workers Compensation Regulation 2010, monitor those instruments for changes that may affect T, Q, D, M, A, the meaning of cost of claims, or the available large claim limit elections.
If successor orders are expected, track transitional effect
If this instrument is being applied pending a successor order (clause 4(3)), monitor for the making of the successor order and determine whether it alters the calculation method for policies still in their adjustment tail.
If the reader is an employer seeking to minimise premium volatility, practical compliance includes ensuring claims are recorded correctly, considering the implications of joining a group or electing group options, and understanding the consequences of the large claim limit election. If the reader is an insurer, compliance demands clear procedures for computing and documenting inputs and for communicating adjustments within the broader statutory timetable created by the Act and the General Order.
Follow-up checklist items for advisers
Cross-check the Order’s formulas at each adjustment date using the original Schedule text and the General Order’s Schedule 3 for T.
Where group options are used, produce worked examples showing member-level impacts under Options 1-3.
Retain explicit election records for large claim limits under clause 154(5) of the Regulation, and confirm whether any employer’s choice is contested.
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 2012 and before 4 pm on 30 June 2013.
(3) If, before 4 pm on 30 June 2013, 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 as 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
The required deposit for an employer in relation to a policy of insurance is to be calculated in accordance with the following formula:
(a) on or before the third adjustment date:
(b) after the third adjustment date:
where:
RD is the required deposit in respect of the period of insurance to which the policy relates.
T is the basic tariff premium for the employer, calculated with respect to the period of insurance in accordance with the General Order.
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
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
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 in accordance with Schedule 3 of the General Order with respect to the period of insurance.
TG is the sum of the basic tariff premiums for all the members of a group calculated in accordance with Schedule 3 of the General Order with respect to the period of insurance.
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 of insurance relate in accordance with Schedule 3 of this Order.
PE is the adjusted 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).
PG is the group adjusted premium payable in respect of the period of insurance to which the group’s policies of insurance relate, calculated as follows:
but is not less than PGmin and not more than PGmax.
CG is the total of the cost of claims for all members of the group in respect of the period of insurance to which the group’s policies of insurance relate (not including the cost of any claims under sections 10 (Journey claims) and 11 (Recess claims) of the Act).
VG is the claims adjustment factor for the group determined with respect to the period of insurance to which the group’s policies of insurance relate in accordance with Schedule 4 of this Order.
CE is the total of the cost of claims for the employer in respect of the period of insurance to which the policy relates (not including the cost of any claims under sections 10 (Journey claims) and 11 (Recess claims) of the Act).
Schedule 3 Experience adjustment factor
Schedule 3 Experience adjustment factor
Schedule 3 Experience adjustment factor
(Schedule 1, clause 2 and Schedule 2, clause 6)
1 Where employer not a member of a group
1 Where employer not a member of a group
1 Where employer not a member of a group
The experience adjustment factor (“S”) for an employer is the factor calculated in accordance with the following formula:
2 Where employer a member of a group
2 Where employer a member of a group
2 Where employer a member of a group
If the employer is a member of a group, the experience adjustment factor (“SG”) for the group is the factor calculated in accordance with the following formula:
3 Interpretation
3 Interpretation
3 Interpretation
In this Schedule:
T is the basic tariff premium for the employer calculated:
(a) where the period of insurance to which the premium relates is 12
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