ACTIn ForceAct
Workers Compensation Act 1951
168AContributions to DI fund by licensed insurers and
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168A Contributions to DI fund by licensed insurers and
licensed self-insurers
(1) Each year, the DI fund manager must determine the yearly
contribution (the annual insurer contribution) licensed insurers and
licensed self-insurers must make to the DI fund based on the
(a) the DI fund manager’s assessment of the DI fund’s—
(i) existing and expected liabilities; and
(ii) assets;
(b) the total of the following amounts for the last completed policy
period:
(i) the gross written premiums for each licensed insurer;
(ii) the notional gross written premium for each licensed
self-insurer;
(c) the amount required to be paid into the DI fund to ensure the
sustainable functioning of the fund.
(2) The DI fund manager may—
(a) apportion liability for the annual insurer contribution among
licensed insurers and licensed self-insurers; and
(b) determine whether a licensed insurer’s or licensed self-insurer’s
apportioned liability must be paid—
(i) quarterly; or
(ii) if the DI fund manager considers it necessary for the
sustainable functioning of the DI fund—within a time
stated by the DI fund manager.
Contributions to DI fund Division 8.2.4
(3) The DI fund manager must state the apportioned liability of the
annual insurer contribution as a percentage of—
(a) for a licensed insurer—the gross written premiums for the
insurer; or
(b) for a licensed self-insurer—the notional gross written premium
for the self-insurer.
(4) If the DI fund manager makes an apportionment for a period, the
manager must give each licensed insurer and licensed self-insurer a
written notice that—
(a) sets out details of the apportionment; and
(b) requires the insurer or self-insurer to pay to the DI fund the
amount apportioned to the insurer or self-insurer within the time
for payment stated in the notice.
Note A licenced insurer issuing a compulsory insurance policy to an employer
must include information about the proportion of the premium that is to
offset an amount paid by the insurer to the DI fund for the policy (see
Workers Compensation Regulation 2002, s 62A).
(5) The time stated for payment in the notice must not be shorter than
30 days after the day the licensed insurer or licensed self-insurer
receives the notice.
(6) The DI fund manager may amend or revoke a notice given under this
section.
(7) If an amount apportioned to the licensed insurer or licensed
self-insurer is not paid within the time stated for payment in the
notice, the amount is a debt owing to the DI fund by the insurer or
(8) The DI fund manager must pay into the DI fund each amount received
or recovered under this section from a licensed insurer or licensed
(9) In this section:
policy period means the period beginning on 1 July in a year and
ending on 30 June in the following year.
168AA Supplementary contributions to DI fund by licensed
insurers and licensed self-insurers
(a) the DI fund manager has made a determination of the annual
insurer contribution for a year under section 168A (1); and
(b) after the determination was made an unusual claim or class of
claim (an unexpected claim) that was not reasonably
foreseeable at the time the determination was made—
(i) is brought against the DI fund in the year; and
(ii) is, in the opinion of the DI fund manager, a claim that will
be settled in the year; and
(c) the DI fund manager is of the opinion that the DI fund cannot
meet the cost of the unexpected claim.
(2) The DI fund manager must determine and apportion a supplementary
annual insurer contribution that licensed insurers and licensed self-
insurers must make to the DI fund to allow the fund to meet the cost
of the unexpected claim for the year.
(3) Section 168A (2), (3) and (4) apply to the apportionment of a
supplementary annual insurer contribution under this section as if the
contribution were an annual insurer contribution.
DI fund’s relationship with liquidators of licensed insurers Division 8.2.5
Division 8.2.5 DI fund’s relationship with liquidators
of licensed insurers