Insurance Premiums Order (Retro-Paid Loss Premium Method) 2014–2015
In ForceNSW
Jurisdiction
New South Wales
Act Number
312 of 2014
Collection
regulation
Plain English Summary
6/10 complexity
This Order prescribes how premiums are calculated for employers who choose the retro‑paid loss premium option under section 168A. It sets an initial deposit and requires recalculation at 15, 24, 36 and 48 months using prescribed formulas, group rules, a claims/experience adjustment system and a $175 minimum.
It applies to policies taking effect from 4 pm 30 June 2014 up to 4 pm 30 June 2015 (cl 4). Employers pay the adjusted amounts; insurers apply the formulas, shifting timing and cash‑flow of premium payments.
This Order prescribes the mechanics by which the alternative “retro‑paid loss premium” method of calculating workers compensation insurance premiums operates for a limited class of employers and policies in the 2014-2015 policy year. Mechanically, it requires an insurer to:
set a deposit premium at the commencement of the policy period (the deposit premium) and then recalculate the premium at specified future dates (the adjusted premium) rather than fixing the final premium at inception (s 6; Schedule 1 cl 1);
make those recalculations on four prescribed adjustment dates relative to the policy commencement date: 15, 24, 36 and 48 months (the adjustment dates) (s 3(2));
apply specific formulae and bounding rules (minimum and maximum caps) to derive deposit and adjusted premiums (Schedule 1 cl 1 and cl 2; Schedule 2 for group members);
compute required deposits (RD) using defined formulae that change after the third adjustment date (s 8);
treat certain premium components (basic tariff premium T, experience adjustment S, claims adjustment V, and specific contributions Q, D, M, A) as inputs to the calculations, with defined interactions across schedules (Schedule 1 cl 2, Schedule 3, Schedule 4);
apply a statutory minimum floor of $175 to both deposit premiums and adjusted premiums (s 7);
use different calculation pathways where an employer is a member of a group (Schedule 2) and where the employer has elected a particular large claim limit (Schedule 4); and
limit the Order’s temporal application to policies effective at or after 4 pm on 30 June 2014 and before 4 pm on 30 June 2015, with a holding provision if no successor instrument is made (s 2; s 4(2)-(3)).
Current sections
Direct links to the current provisions in Insurance Premiums Order (Retro-Paid Loss Premium Method) 2014–2015.
(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 at or after 4 pm on 30 June 2014 and before 4 pm on 30 June 2015.
(3) If, before 4 pm on 30 June 2015, 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 at or after that time, this Order applies to and in respect of those policies pending the making of such an order.
(4) The relevant 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 relevant 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 relevant 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 4)
Schedule 4
Claims adjustment factor
Schedule 4 Claims adjustment factor
Schedule 4 Claims adjustment factor
(Schedule 1, clause 2 and Schedule 2, clause 4)
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 the 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 |
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) 2014–2015.
2 Commencement
2 Commencement
2 Commencement
This Order commences at 4 pm on 30 June 2014 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 relevant 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).
cost of claims has the same meaning as in Division 4 of Part 18 of the Workers Compensation Regulation 2010.
relevant General Order means:
(a) the Insurance Premiums Order 2014–2015, or
(b) if no such order has been made, the Insurance Premiums Order (January–June) 2014.
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).
(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 at or after 4 pm on 30 June 2014 and before 4 pm on 30 June 2015.
The Order is narrowly targeted. It applies only to employers to whom the optional alternative method under section 168A of the Act applies , described here as retro‑paid loss premium policies (s 4(1)). It also excludes policies issued by specialised insurers exempted under clause 165 of the Workers Compensation Regulation 2010 (s 4(5)). The Order incorporates most provisions of the relevant General Order unless specifically displaced (s 3(1); s 4(4)), and it makes the Schedules (1-4) part of the instrument (s 9).
The text of the Order does not itself state policy objectives or an explanatory memorandum; it sets the computational rules, eligibility scope and temporal limits for using the retro‑paid loss premium method (s 6; s 4). The Order contains no standalone penalty or enforcement provisions within its text.
Main concepts
The Order organises its approach around a small set of interlocking concepts that determine premium outcome: deposit premium, adjusted premium, adjustment dates, the cost base (C), tariff and experience factors (T and S), claims adjustment factor (V), group aggregation, and minimum/maximum bounds.
Deposit premium and adjusted premium. The deposit premium is the premium calculated at the start of the period of insurance; the adjusted premium is the recalculated premium at each adjustment date (s 6; Schedule 1 cl 1). The adjusted premium is explicitly capable of incorporating prior adjustments (Schedule 1 cl 1(2) and cl 2 definition of P).
Adjustment dates. The Order defines four adjustment dates by reference to months after the commencement of the insurance period: 15, 24, 36 and 48 months (s 3(2)). Those dates drive the timing of recalculations (Schedule 1 cl 1) and the selection of some inputs (for example, different Pmin formulae for first/second versus third/fourth adjustment dates; Schedule 1 cl 2).
Cost of claims (C). The cost base used in the calculations is the total of the cost of claims for the employer in respect of the period of insurance, excluding specified categories (it expressly excludes costs of Journey claims under s 10 and Recess claims under s 11 of the Act, per Schedule 1 cl 2). That definitional exclusion alters the claims footprint that feeds into the retro‑paid calculation.
Tariff and experience adjustments (T and S). T is the basic tariff premium for the employer, calculated according to the relevant General Order (Schedule 1 cl 2). S is the experience adjustment factor, determined under Schedule 3 and linked back to tariff calculations; Schedule 3 provides distinct formulae for single employers and groups and prescribes how to treat non‑12‑month policy periods (Schedule 3 cl 1-3).
Claims adjustment factor (V). V adjusts how the cost of claims feeds into premium calculations; its value is determined in Schedule 4 and varies across adjustment dates and depending on whether a large claim limit election of $350,000 or $500,000 has been made (Schedule 4 General and Table).
Group treatment. Schedule 2 overrides Schedule 1 for employers who are part of a group. Group rules replace some single‑employer calculations with group aggregates (PG, PGd, CG, VG, SG, TG), permitting pooling of claims and tariff bases and producing different Pmin/Pmax bounds for group members (Schedule 2 cls 1-4).
Bounding (Pmin and Pmax) and floors. Adjusted premiums are constrained between a Pmin floor and a Pmax cap (Schedule 1 cl 1(2) and cl 2). Pmin itself is computed differently before and after the third adjustment date (Schedule 1 cl 2). Independent of those bounds, the Order prescribes a statutory minimum premium of $175 for any deposit or adjusted premium (s 7).
Required deposit (RD). The Order supplies formulae for calculating the required deposit for an employer as part of section 172A compliance. RD is expressed in two different formulae depending on whether the date of calculation is on or before the third adjustment date or after it (s 8). RD uses the basic tariff T as an input (s 8).
Operationally, the Order delegates specification of many component values and procedures to the “relevant General Order” referenced throughout (s 3(2)), meaning that the retro‑paid methodology works in concert with the broader tariff, contribution and administrative rules set out elsewhere. The Order also ties particular numeric adjustment behaviour to the election of a large claim limit under clause 154(5) of the Workers Compensation Regulation 2010 (Schedule 4).
Who it affects
The Order identifies specific actors and circumscribes who is and is not subject to its rules.
Employers who elect the alternative method. The primary economic burden falls on employers to whom the optional alternative method under section 168A of the Act applies. The instrument repeatedly frames its coverage as applying “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)” (s 4(1)). That means employers who do not or cannot use the optional method are not covered by this instrument.
Insurers/issuers of the relevant policies. Insurers who issue or renew retro‑paid loss premium policies in the specified time window must use the Order’s calculation rules for deposit and adjusted premiums (s 4(2); Schedule 1 cl 1). Insurers must incorporate multiple formula inputs, apply the bounding rules, and administer recalculations at the four adjustment dates.
Group members. Employers who are members of a group are treated under Schedule 2, which replaces Schedule 1’s single‑employer approach for those employers (Schedule 2 cl 1). Group membership changes the premium computation to pool claims and tariff bases, and computes group‑level Pmin and Pmax bounds that then flow to members.
Large employers classification. The Order defers the classification of large employers to the relevant General Order; it states that “A large employer within the meaning of the relevant General Order is classified as a large employer under this Order” (s 5). Thus the administrative consequences tied to “large employer” treatment follow the relevant General Order definitions.
Specialised insurers. The Order excludes policies issued or renewed by specialised insurers that are exempted from insurance premiums orders by clause 165 of the Workers Compensation Regulation 2010 (s 4(5)). That removes certain specialist market participants from the instrument’s reach.
Parties whose claims fall into excluded categories. The Order explicitly defines the cost of claims C as excluding Journey claims (s 10 of Act) and Recess claims (s 11 of Act) (Schedule 1 cl 2). Employers with a higher proportion of claims in those excluded categories see a smaller C feeding into the retro‑paid calculations.
Regulatory actors. The Order references other instruments (the relevant General Order; Workers Compensation Regulation 2010) and requires publication in the Gazette (s 2). That places responsibility on the regulatory authority to publish and to ensure alignment between this Order and the General Order.
Who pays and who benefits. Employers who use the retro‑paid method pay an initial deposit and then incremental adjustments or refunds as adjusted premiums crystallise. Insurers receive the premium cash‑flows but must perform additional computation and account for timing and clawback/refund risk. Employers with claims experience below their tariff/expected losses will generally pay less upon adjustment; those with higher claims will pay more. Group aggregation alters both risk pooling and the incidence of premium increases or decreases at member level (Schedule 2).
Temporal and transitional reach. The Order’s explicit temporal scope is narrow: it applies to policies taking effect at or after 4 pm on 30 June 2014 and before 4 pm on 30 June 2015, and contains a temporary carry‑over if a successor order has not been made by 4 pm on 30 June 2015 (s 2; s 4(2)-(3)). That confines direct application to policies within that fiscal window unless a replacement instrument supersedes it.
Key duties and rights
The Order prescribes calculation duties primarily for insurers and corresponding payment/financial duties for employers, and it preserves certain rights and constraints.
Duties
Calculate and set a deposit premium at commencement. Insurers must calculate the deposit premium according to the formula set out in Schedule 1 (or Schedule 2 for group members) at the commencement of the policy period (s 6; Schedule 1 cl 1; Schedule 2 cl 2).
Recalculate premium at adjustment dates. Insurers must recalculate the premium at each of the adjustment dates (15, 24, 36 and 48 months after policy commencement). The recalculation produces an adjusted premium bounded by Pmin and Pmax (s 6; Schedule 1 cl 1(2)).
Apply component inputs as defined. Insurers must use the basic tariff T, experience adjustment S (Schedule 3), claims adjustment V (Schedule 4), and the specified contributions Q, D, M and incentives A in the calculations (Schedule 1 cl 2). Those inputs are to be calculated in accordance with the relevant General Order unless otherwise provided.
Ensure statutory minimums and bounds. Insurers are required to ensure that deposit premiums and adjusted premiums are not less than $175 (s 7) and that adjusted premiums fall between Pmin and Pmax (Schedule 1 cl 1(2) and cl 2).
For required deposit reporting, compute RD per s 8. The required deposit RD is to be calculated by reference to formulae for on/after the third adjustment date (s 8). That duty supports statutory deposit requirements (section 172A of the Act).
Use group calculations where applicable. For employers who are group members, insurers must apply Schedule 2’s group aggregation methodology rather than Schedule 1 (Schedule 2 cl 1).
Rights and procedural constraints
Employers’ entitlement to the optional method. The Order applies only where the optional alternative method under section 168A of the Act applies to the employer (s 4(1)). That implies an employer’s right to elect or be eligible for the alternative method is a precondition to the Order’s application.
Caps and floors limit premium volatility. The existence of Pmin and Pmax and the statutory $175 minimum are explicit constraints that limit the insurer’s ability to set unlimited adjusted premiums following claims experience (Schedule 1 cl 1(2); s 7).
Large claim limit election influences calculations. Where an employer (or all members of a group) has elected a large claim limit under clause 154(5) of the Workers Compensation Regulation 2010, the Order requires the use of the tabulated V factors that correspond to that election (Schedule 4 General). That fixes an actuarial parameter as a function of a specific administrative election.
Incorporation of the relevant General Order. The Order expressly states that words and expressions have the same meanings as in the relevant General Order unless this Order provides otherwise (s 3(1)), and that the relevant General Order applies (other than clauses 3 and 4) unless this Order provides otherwise (s 4(4)). That means duties and rights embedded in the General Order,tariff calculations, contribution rules, definitions,are imported into the retro‑paid framework.
What the Order does not do within its text
It does not set out objection, review or dispute mechanisms for individual premium calculations. The instrument focuses on computational formulae and does not itself contain processes for disputes about computed amounts.
It does not create offences, penalty specifications or enforcement mechanisms within its text. No penalty clauses are present in the Order; enforcement would therefore be through the Act or other instruments referenced by the Order.
Consequences for behaviour
Employers must monitor claims and be prepared for premium adjustments at each adjustment date. Employers who choose the retro‑paid method accept that the ultimate premium will be recalculated periodically and may increase or decrease subject to bounds.
Insurers must maintain recordkeeping and calculation processes to implement the periodic recalculations, apply exclusions (Journey/Recess), and aggregate group data where applicable.
Penalties and enforcement
The Order itself contains no express penalty provisions, infringement notices, or enforcement mechanisms. An exhaustive reading of the instrument shows it confines itself to the computational and applicational mechanics: definitions, formulae and temporal scope. There are no clauses that create offences, prescribe fines, or set administrative sanctions within the text provided.
Implications of that silence
Enforcement defaults to the Act and the relevant General Order. Because the Order repeatedly cross‑references the “relevant General Order” (s 3(1), s 4(4)) and to statutory sections of the Act (for example s 168A and s 172A as referenced in s 4 and s 8), enforcement of compliance with the duties in this Order will be handled under the enforcement and penalty regimes set out in the Act and in the relevant General Order or other enabling legislation, rather than within this Order itself. That implies recourse and sanctions available against an insurer or employer who fails to comply are to be sought under those parent instruments.
Regulatory supervision and administrative action. Practical enforcement (for example audit, requirement to reissue premiums, injunctions, licence consequences) will fall to the authority that administers the Act and the General Order. The Order requires publication in the Gazette (s 2), which is an administrative step to notify market participants of the rules; however publication does not itself create a bespoke enforcement regime.
Dispute resolution for premium amounts. The Order contains no procedural scheme for challenging a computed deposit or adjusted premium. Any rights to review, appeal or dispute computations would need to be asserted under the Act, the relevant General Order, insurer contractual terms or general administrative law channels.
Self‑contained compliance obligations. Despite the absence of penalty clauses, the Order imposes substantive compliance obligations on insurers who issue retro‑paid policies (accurate calculation, bounding, timing). Failure to comply with these obligations may attract enforcement or remedial action under the Act’s or General Order’s enforcement pathways, which are not reproduced in this document.
Practical considerations for regulated entities
Implement governance and recordkeeping that would withstand external review. Because enforcement is external to the Order, insurers should ensure calculations are readily auditable (date stamping, computation logs, claims cost breakdowns reflecting the exclusions in Schedule 1 cl 2).
Coordinate with regulator guidance. The Order’s cross‑references mean that official regulatory guidance, determinations under the relevant General Order, and the underlying Act will materially affect enforcement. Insurers and advisors should consult the regulator’s administrative material to understand enforcement expectations and mechanisms.
Where penalties are a concern, consult the parent instruments. Any questions about sanctions that may follow non‑compliance should be tested against the Act and the relevant General Order rather than this Order in isolation.
How it interacts with other laws
The Order is manifestly designed to operate as subordinate legislation in tandem with the Act and a separate “relevant General Order”; it cross‑references the Workers Compensation Regulation 2010 and the General Order repeatedly. The interaction is both definitional and procedural.
Primary cross‑references in the text
Section 168A of the Act. The 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” (s 4(1)). The Order thus operates as a technical implementation of the optional method authorised by s 168A, and only for employers eligible under that provision. The Order assumes the existence and scope of that statutory option rather than creating it.
Section 172A of the Act. The Order provides the formula for the “required deposit” in relation to section 172A of the Act (s 8). This indicates the Order plugs directly into the Act’s deposit framework; the RD calculation here is intended to satisfy statutory deposit requirements under the Act.
The relevant General Order. The Order repeatedly imports terms and components from the relevant General Order: “words and expressions have the same meanings as they have in the relevant General Order, unless this Order provides otherwise” (s 3(1)). The relevant General Order defines the basic tariff premium T, premiums adjustment contributions Q, dust diseases contributions D, Mine Safety Fund adjustments M, apprentice incentives A, and other tariff/administrative conventions referenced in Schedule 1 cl 2 and elsewhere. The Order also states the relevant General Order applies to retro‑paid policies “unless this Order provides otherwise” (s 4(4)), meaning the retro‑paid rules are intended to sit alongside the broader General Order with specific overrides.
Workers Compensation Regulation 2010. The Order references the Workers Compensation Regulation 2010 when defining “cost of claims” (it says cost of claims has the same meaning as in Division 4 of Part 18 of the Workers Compensation Regulation 2010) and when excluding specialised insurers exempted by clause 165 (s 3(2); s 4(5)). It also ties the claims adjustment factor V to an election made under clause 154(5) of that same Regulation (Schedule 4 General). Those cross‑references mean regulatory elections and exemptions in the Regulation have material effects on the application of this Order.
Functional consequences of the interactions
Delegated computation, anchored to other instruments. The Order supplies computational detail but intentionally leverages the General Order and the Regulation for many substantive inputs and administrative constructs. For example, the Order does not define Q, D, M or A itself; it requires the insurer to compute them “in accordance with the relevant General Order” (Schedule 1 cl 2). That coupling means changes to the General Order or Regulation will change the practical operation of the retro‑paid method without any amendment to this Order.
Temporal contingency. The Order’s temporal application clause includes a holdover if a successor retro‑paid premium order is not made by 4 pm on 30 June 2015 (s 4(3)). That creates an interaction between the statutory rulemaking timetable and coverage: if the regulator delays a replacement instrument, this Order continues to apply to policies taking effect at/after that time pending a new order.
Treatment of specific claim types. The exclusion from C of Journey and Recess claims is explicit (Schedule 1 cl 2) and arises only by reference to the Act (s 10 and s 11). Thus the Order interacts with statutory claim definitions for the purpose of premium calculation.
Group aggregation vis‑à‑vis other rules. Schedule 2 requires group calculations in place of Schedule 1 for group members; because SG, TG and other group variables are defined with reference to the General Order, group‑level treatment will interact with any group rules elsewhere in the regulatory framework.
Caveats and necessary cross‑checks
Clauses 3 and 4 of the relevant General Order are excluded from application unless this Order provides otherwise (s 4(4)). The Order does not itself reproduce those clauses, so practitioners must consult the relevant General Order to understand which clauses are excluded and what operational effect that exclusion produces.
The Order’s references to clause numbers in the Workers Compensation Regulation 2010 tether its operation to provisions that are not reproduced here. For example, the large claim limit election under clause 154(5) drives the V factors in Schedule 4, so the practical consequence of that election requires consulting clause 154(5) of the Regulation.
Because the Order does not define enforcement or dispute procedures, enforcement must be analysed with reference to the Act and the General Order for penalties, supervisory remedies and appeal channels.
In short, the Order is an implementation instrument that cannot be read in isolation. Effective application requires reading it alongside: the Act (notably s 168A and s 172A), the relevant General Order, and the Workers Compensation Regulation 2010.
Amendment history
The instrument itself records only limited temporal details and no subsequent amendments in the text provided.
Name and fiscal designation. The instrument is titled the Insurance Premiums Order (Retro‑Paid Loss Premium Method) 2014-2015 (s 1).
Commencement. It commenced at 4 pm on 30 June 2014 and required publication in the Gazette (s 2).
Temporal scope for application. The Order applies to retro‑paid policies that are to be or have been issued or renewed so as to take effect at or after 4 pm on 30 June 2014 and before 4 pm on 30 June 2015 (s 4(2)). Clause 4(3) contains a transitional provision: if, before 4 pm on 30 June 2015, no replacement retro‑paid insurance premiums order has been made in respect of such policies taking effect at or after that time, this Order applies to and in respect of those policies pending the making of such an order (s 4(3)). That creates an explicit temporal and contingent application window.
Schedules as integral parts. The instrument makes Schedules 1-4 part of the Order (s 9). Those Schedules contain the technical formulae, definitions and tables that operationalise the retro‑paid methodology.
No in‑text amendment record. The text supplied does not contain any amending clauses, repeal clauses, or historical amendment notes. It does not state that it amends or supersedes prior Orders beyond the definition of the “relevant General Order” in s 3(2), which refers to the Insurance Premiums Order 2014-2015 or, if none has been made, the Insurance Premiums Order (January-June) 2014. The instrument therefore appears to be a standalone order for the 2014-2015 period but leaves open succession by further subordinate instruments.
Publication requirement. The Order must be published in the Gazette (s 2), which is the formal administrative step for commencement and for informing market participants. That publication step is an administratively required element of the Order’s lifecycle.
Practical consequences for tracking amendments
Monitor successor Orders. Because this Order contains a built‑in contingency for non‑replacement by 30 June 2015 (s 4(3)), regulatory practice would require monitoring whether a replacement retro‑paid Order or a new General Order was made. Changes to the General Order or the Regulation will indirectly amend how the retro‑paid method functions, even if this Order itself remains unchanged.
Schedules as loci of technical change. Any amendment to the Order in practice is likely to take the form of changes to the Schedules (formulae, Pmin/Pmax constructs, numerical factors in Schedule 4). Those technical changes will materially affect premium outcomes and should be tracked as amendments.
No recorded litigation or amendment history in the instrument text. The instrument contains no historical footnotes, amendment schedule or litigation references within the text provided. Any further legislative or judicial history must be sought from external repositories or the consolidated instrument database.
Litigation history
The Order as supplied contains no references to litigation, judicial pronouncements, or case citations. There are no clauses that name judicial proceedings, appeal decisions, or litigious interpretations. The instrument is purely regulatory and procedural in nature and does not include or summarise any judicial consideration of its provisions.
Consequences for practitioners
No in‑instrument case law. Because the Order does not include litigation history, reliance on legal precedent must proceed by searching external case law databases for disputes arising under the 2014-2015 retro‑paid premium arrangements or under the parent Act and General Order. The Order does not identify any appellate or tribunal decisions that interpret its provisions.
Likely areas of dispute. The text suggests several technical areas where disputes could arise in practice, even if no litigation history is recorded here: (a) the correct computation of the cost of claims C given the explicit exclusions for Journey and Recess claims (Schedule 1 cl 2); (b) the calculation and application of experience adjustment S (Schedule 3) and claims adjustment V (Schedule 4), particularly at adjustment dates; (c) group aggregation and allocation of group adjusted premiums to members (Schedule 2); (d) the application of Pmin and Pmax and the statutory $175 floor (Schedule 1 cl 1(2); s 7); and (e) the required deposit RD computation under s 8. Any disputes about these matters would need to be litigated or administratively reviewed under the Act or the General Order’s procedures.
Need to consult external judicial records. To establish how courts or tribunals have treated the retro‑paid method, search of decisions under the Act, the General Order, and the Workers Compensation Regulation 2010 is necessary. The Order itself gives no signposting to such material.
Administrative review channels. Because the Order does not specify dispute resolution mechanisms, practitioners should identify administrative review or tribunal pathways contained in the Act or the General Order for challenging premium calculations or regulatory decisions tied to this Order.
In sum, there is no litigation history recorded in this instrument. Practitioners must look beyond the instrument to case law recorded elsewhere to determine how its mechanics have been tested or interpreted.
Gotchas
The Order contains several technical and practical traps that can produce unexpected outcomes if not expressly accounted for.
Temporal limitation and transitional carryover. The Order’s direct application is limited to policies taking effect between 4 pm 30 June 2014 and before 4 pm 30 June 2015 (s 4(2)). However, clause 4(3) keeps the Order in play if no successor order is made by 4 pm on 30 June 2015. That means insurers and employers must monitor whether a replacement order has been issued; otherwise they might mistakenly think the rules no longer apply.
The statutory $175 minimum overrides other formulae. Section 7 requires that “a deposit premium and an adjusted premium in respect of any policy of insurance is to be no less than $175.” This statutory floor applies even if the detailed formulae in the Schedules would produce a lower amount. The $175 minimum is absolute and applies to both deposit and adjusted premiums (s 7).
Exclusion of Journey and Recess claims from C. The definition of C excludes costs of any claims under sections 10 (Journey claims) and 11 (Recess claims) of the Act (Schedule 1 cl 2). For employers with a material proportion of such claims, the effective claim base used for premium adjustment will be lower than total claims, producing a different premium path than a naïve aggregation would suggest.
Pmin/Pmax variability over time. Adjusted premiums are bounded between Pmin and Pmax (Schedule 1 cl 1(2)). Pmin has different formulae before/after the third adjustment date (Schedule 1 cl 2). That means premium trajectories can be constrained asymmetrically over different adjustment dates: the minimum that applies at the first and second adjustment dates is not the same as the minimum at the third and fourth dates.
RD formula changes after the third adjustment date. Section 8 prescribes different RD formulae “on or before the third adjustment date” and “after the third adjustment date.” The required deposit calculation therefore changes depending on whether the policy has passed 36 months since commencement. That temporal discontinuity can affect cash‑flow planning and compliance.
Claims adjustment factor tied to large claim limit election. Schedule 4 sets discrete V factors depending on whether the employer (or all group members) elected a $350,000 or $500,000 large claim limit under clause 154(5) of the Workers Compensation Regulation 2010. The election therefore materially alters V (higher or lower depending on the table) and hence the adjusted premium. The Order ties this actuarial parameter to an explicit administrative election.
Group aggregation can redistribute costs locally. Schedule 2 allows pooling of tariff and claims across group members. That smooths volatility at group level but may redistribute premium burdens between members; an employer with low claims may pay more under group aggregation if other members have high claims, and vice versa. The allocation of group adjusted premium back to members is through defined share calculations (Schedule 2 cl 4 variables TE, TG, etc.).
Dependence on the relevant General Order and Regulation for inputs and definitions. Many variables (T, Q, D, M, A) and definitional matters are determined by the relevant General Order or the Workers Compensation Regulation 2010 (s 3(2); Schedule 1 cl 2). Failure to read and apply the General Order consistently can produce incorrect premiums. Notably, clauses 3 and 4 of the relevant General Order are excluded from application unless this Order provides otherwise (s 4(4)), so one must check which elements of the General Order are displaced.
No in‑instrument dispute mechanism. As noted, the Order does not set out a process for disputing calculations. Parties should plan for dispute resolution under the Act or administrative review mechanisms; absence of in‑Order procedural steps can delay resolution.
Reliance on images/formulae embedded in Schedules. The Schedules contain formulae rendered as images in the source text. Practitioners should ensure access to the authoritative text or consolidated instrument that contains the complete formulae and numeric expressions; relying on summaries or recollection risks computational errors.
Interpretation of P and adjusted premium recursion. The definition of P in Schedule 1 cl 2 expressly includes “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.” That recursion means the adjusted premium at an adjustment date can incorporate earlier adjustments. Care is required to ensure iterative calculations are correctly implemented.
Varying V values over adjustment dates. Schedule 4 shows V decreasing from the first to later adjustment dates (for both $350,000 and $500,000 large claim limits). That temporal change will affect how initial claims feed into later premium calculations and can produce non‑linear premium trajectories.
These are practical “gotchas” that can affect cash‑flow, accounting, premium setting, and risk allocation. Each of them has a concrete source clause that should be verified when implementing or challenging a premium calculation.
How to comply
A step‑by‑step compliance checklist for insurers, brokers, and employers who will operate under this Order:
Verify eligibility and election. Confirm that the employer is eligible for, and has properly elected, the optional alternative method under section 168A of the Act. The Order applies only where that statutory option applies (s 4(1)).
Confirm policy effective dates. The Order applies to policies taking effect at or after 4 pm on 30 June 2014 and before 4 pm on 30 June 2015; if working near the 30 June 2015 cutoff, verify whether a replacement retro‑paid order has been made, because clause 4(3) preserves application pending a successor order (s 2; s 4(2)-(3)).
Determine whether the employer is a group member. If the employer is a member of a group, apply Schedule 2 instead of Schedule 1 (Schedule 2 cl 1). Identify all group members, compute TG (sum of basic tariff premiums for the group) and CG (total group claims) as required by Schedule 2 cl 4.
Compute the deposit premium at commencement. Use the deposit premium formula in Schedule 1 cl 1 (or the Schedule 2 equivalent for group members, Schedule 2 cl 2). Ensure the deposit premium is not less than $175 (s 7).
Set up claims accounting to reflect Schedule 1 cl 2. When computing C (total of the cost of claims), exclude Journey claims and Recess claims as expressly required (Schedule 1 cl 2). Maintain transparent ledgers that separate excluded claim types from the claim base feeding the retro‑paid calculations.
Determine and document inputs from the relevant General Order. T (basic tariff premium), Q (premiums adjustment contribution), D (dust diseases contribution), M (Mine Safety Fund premium adjustment) and A (apprentice incentive amount) are to be calculated “in accordance with the relevant General Order” (Schedule 1 cl 2). Ensure the correct version of the General Order is used and document any assumptions or rounding rules.
Compute experience adjustment S and claims adjustment V. Use Schedule 3 for S (with its distinct formulae for single employers and groups and its treatment of non‑12‑month periods; Schedule 3 cl 1-3). For V, use Schedule 4’s table, noting that V depends on the adjustment date and on whether a $350,000 or $500,000 large claim limit was elected (Schedule 4 General and Table). Select the appropriate column in Schedule 4 based on the large claim limit election.
Apply bounding and floors during recalculations. At each adjustment date (15, 24, 36, 48 months), recalculate the adjusted premium following Schedule 1 cl 1(2), then ensure the result is not less than Pmin and not more than Pmax (Schedule 1 cl 1(2); Schedule 1 cl 2 definitions). Independently ensure no deposit or adjusted premium is less than $175 (s 7).
Implement iterative calculations correctly. The definition of P in Schedule 1 cl 2 recurses adjusted premiums that incorporate earlier adjustments. Implement calculations as iterative steps that carry forward previous adjusted premium amounts where required.
Compute required deposit RD per s 8. Apply the RD formula that corresponds to whether the calculation is “on or before the third adjustment date” or “after the third adjustment date” (s 8). Document which branch is used and why.
Maintain audit trails and disclosure. Keep contemporaneous records of all input data, election paperwork (large claim limit, group membership), computation spreadsheets or actuarial models, and decision points (e.g. application of Pmin/Pmax). The Order contains no in‑instrument dispute process; robust records will be central if a dispute arises under the Act or General Order.
Coordinate with insurer policy documents and contractual terms. Ensure that policy wording reflects the retro‑paid mechanism, the timing of deposit and adjusted premiums, and the employer’s obligations to pay adjusted amounts. Explicitly disclose the $175 minimum and the potential for adjustments at the four dates.
Consider cash‑flow and accounting impacts. Employers should plan for potential increases or decreases at each adjustment date and for the possibility that RD changes after the third adjustment date (s 8). Insurers should manage capital and reserve positions to account for refund/clawback exposures.
Review regulatory guidance and the relevant General Order. Because the Order imports many definitions and inputs from the General Order and the Workers Compensation Regulation 2010, confirm any regulator bulletins, practice notes or updated General Orders that affect T, Q, D, M, A, or the interpretation of clauses 3 and 4 that this Order excludes (s 4(4)).
For groups, set allocation methodology and member communications. Where Schedule 2 applies, implement the group premium calculation (PG, PGd and allocation of PG to members), and communicate to each member how group claims and tariff allocations influence their PE and PEd amounts.
Prepare for variation in V and S over time. Because Schedule 4 shows V declining across adjustment dates and Schedule 3 links S to tariff calculations (including 12‑month equivalence rules), expect and explain to employers that early adjusted premiums may be influenced by higher V factors and that later adjusted premiums can behave differently.
Check specialised insurer exemptions. If policies are issued or renewed by specialised insurers, verify whether clause 165 of the Workers Compensation Regulation 2010 grants exemption and whether s 4(5) therefore removes those policies from this Order’s application.
Legal review and dispute pathway planning. Because enforcement and dispute mechanisms are outside the Order, have procedures in place to escalate contested computations to the appropriate statutory dispute, appeal or administrative review channels under the Act or the General Order.
Following these steps will align operational practice with the Order’s computational rules and cross‑referenced obligations. Where any ambiguity exists in formulae or the application of the General Order, seek clarification from the regulator or legal advice referencing the parent Act and the relevant General Order.
Section 6Retro-Paid Loss Premium Method of premium calculation
(3) If, before 4 pm on 30 June 2015, 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 at or after that time, this Order applies to and in respect of those policies pending the making of such an order.
(4) The relevant 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 relevant 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 relevant 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 to 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 or fourth adjustment date:
V4 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 to this Order in relation to the fourth adjustment date.
T is the basic tariff premium for the employer, calculated with respect to the period of insurance in accordance with the relevant General Order.
S is the experience adjustment factor for the employer determined with respect to the period of insurance in accordance with Schedule 3 to 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 relevant 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 relevant 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 relevant 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 relevant 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 Adjusted premium at each adjustment date
3 Adjusted premium at each adjustment date
3 Adjusted premium at each adjustment date
The method for recalculating the premium for the policy of insurance at each adjustment date (the adjusted premium) is as follows:
4 Interpretation
4 Interpretation
4 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 or fourth 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 to the relevant 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 to the relevant 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 to 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 to 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 4)
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 months—in accordance with Schedule 3 to the relevant 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 to the relevant 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 the group calculated:
(a) where the period of insurance to which the premium relates is 12 months—in accordance with Schedule 3 to the relevant 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 to the relevant General Order as if the policies to which the premiums relate had a period of ins
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