ACTIn ForceAct
Workers Compensation Act 1951
179AApplication of pt 8.3 to insurers
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179A Application of pt 8.3 to insurers
(1) This part applies to an insurer if—
(a) the insurer has acted honestly and taken all proper and business-
like steps to obtain reinsurance for the insurer’s liability to pay
compensation for injuries or deaths (or both) caused by acts of
terrorism; and
(b) the insurer accepts liability for claims for compensation for
injuries or deaths (or both) caused by the act of terrorism; and
(c) the insurer has acted honestly and taken all proper and business-
like steps to demand the maximum amounts the insurer may
demand under the reinsurance contracts held by the insurer that
apply in relation to the claims; and
(d) the total amount paid by the insurer for the claims, after the
deduction of the maximum amounts the insurer may receive
under the reinsurance contracts, is more than the temporary fund
threshold amount that applies to the insurer.
(2) For this part, the temporary fund threshold amount that applies to an
insurer is the amount worked out using the following formula:
insurer’s market share means the proportion (expressed as a
percentage) of the administrative costs of the Act apportioned by the
Minister to the insurer under section 210 (1) (Apportioning cost of
administering workers compensation and safety legislation) in
relation to the financial year before the act of terror happens.amount.poolpremiumrelevantsharemarketsinsurer'
premium pool means the total amount of—
(a) the premium income received by each licensed insurer in
relation to compulsory insurance policies in the financial year
before the act of terror happens; and
(b) the premium that would have been payable by each licensed
self-insurer if the licensed self-insurer had obtained a
compulsory insurance policy for the financial year (or the part
of the financial year for which the licensed self-insurer was a
licensed self-insurer).
relevant premium pool amount means 5% of the premium pool.