Part Part 5 - Workers Compensation and Injury Management Act 2023 - Insurance | ZoeWAIn ForceAct
Workers Compensation and Injury Management Act 2023
Part 5Insurance
Start here
Get a plain-English read of Part 5
Turn the raw legal text into a practical explanation grounded in Workers Compensation and Injury Management Act 2023.
Part 5 — Insurance
-
Terms used 158
-
Agency arrangements 160
Division 2 — Employer obligations
Subdivision 1 — Insurance requirements for employers
-
Requirement for employers to be insured 161
-
Information to be provided by employer to insurer 161
-
Offences 163
-
Evidence of non‑compliance with insurance requirements 163
-
Defence: employment not connected with this State 163
-
Recovery of premiums avoided by employer 164
-
Liability of responsible officers of corporations 165
-
Records to be kept by employer 166
-
Insurer may recover underpaid premiums from employer 168
-
Recovery of costs of audit of employer 169
-
Certificate of currency 169
-
Workers compensation insurance brokers 169
Subdivision 2 — Contractors and subcontractors
-
Terms used 170
-
Both principal and contractor taken to be employers 171
-
Claim or proceedings against principal 172
-
Indemnity 172
-
Effect of judgment against principal or contractor 172
-
Application of Subdivision to subcontractors 173
-
Subdivision does not extend right to damages 173
-
Contractor remuneration information 173
Subdivision 3 — Avoidance arrangements
-
What constitutes an avoidance arrangement 174
-
Offence if work done under avoidance arrangement 175
-
Arbitrator’s determination about avoidance arrangement 175
-
Effect of avoidance arrangement on compensation and insurance 176
Division 3 — Licensed insurers
Subdivision 1 — Licensing of insurers
-
Offence: unlicensed insurers 177
-
Application for licence 177
-
Determination of licence application 178
-
Conditions of licence 178
Suspension, cancellation or surrender of licence 179
Performance monitoring and review of insurers 180
Improvement notice to licensed insurer 181
Special arrangements for Insurance Commission and public authorities 182
Subdivision 2 — Insurance obligations of licensed insurers
-
Obligation of licensed insurers to insure employers 183
-
Terms of insurance and form of policies 184
-
Adjustable premium policies 185
-
Insurer to indemnify employer for compensation payments 186
-
Coverage of insurance policy not limited by employer representations 186
-
Refusal of indemnity 186
-
Cancellation of insurance policy 188
-
Lapsing of insurance policy 189
-
Worker’s rights against insurer when employer cannot be proceeded against 190
Division 4 — Self‑insurance
Subdivision 1 — Licensing of self‑insurers
-
Application for self‑insurer licence 191
-
Coverage of related entities by group self‑insurer licence 191
-
Liability of holder of group self‑insurer licence 192
-
Application of licensed insurer provisions to self‑insurers 193
Subdivision 2 — Self‑insurer securities
-
Terms used 193
-
Requirement for security 194
-
Review and variation of required security amount 194
-
Calling on security 194
Division 5 — Insurance premiums
-
Fixing of recommended premium rates 195
-
Reports as to recommended premium rates 196
-
Review of premium charged 196
Division 6 — Default Insurance Fund
Subdivision 1 — Establishment of Default Insurance Fund
-
Establishment of Default Insurance Fund 198
-
Payments to and from DI Fund 198
-
Payments to and from General Account 199
-
Advances to DI Fund 199
Subdivision 2 — Contributions to DI Fund
-
Terms used 200
-
Required contributions by insurers and self‑insurers to DI Fund 201
-
Arrangements for payment of contributions 203
-
Additional insurer contribution for unexpected claims 204
-
Provision of information by licensed insurers and self‑insurers 205
Division 7 — Uninsured employers
-
Uninsured employer 206
-
Payment of compensation when employer uninsured 206
-
Payment of damages when employer uninsured 207
-
Payment of compensation for dust disease or prescribed disease when insurer unknown or has ceased operation 208
-
Recovery of compensation or damages paid for uninsured employer 209
-
Setting aside certain judgments and agreements 209
-
Recovery of uninsured employer payment from officer of body corporate 210
-
Exercise by WorkCover WA of rights of uninsured employer 211
-
WorkCover WA’s rights of indemnity and subrogation 212
-
Employer’s duty to assist WorkCover WA 213
-
Liability of employer if employment believed to be not connected with this State 213
-
Payment to employer not required 214
Division 8 — Insurer and self‑insurer insolvency
-
Terms used 214
-
Claims against WorkCover WA for insolvent insurer and self‑insurer liabilities 215
-
Payment of claims 217
-
Recovery by WorkCover WA of payment made in satisfaction of claims 217
-
Control of powers of liquidator of insurer or self‑insurer 218
-
Payment into DI Fund of money recovered by liquidator 218
-
Liquidator to notify WorkCover WA of dissolution of insurer or self‑insurer 219
-
WorkCover WA may accept final payment from liquidator 220
Division 9 — Acts of terrorism
-
Terms used 220
-
Division does not apply to public authority covered by Insurance Commission 221
-
Term used: act of terrorism 221
-
Declaration of act of terrorism 222
-
Exclusion of declared act of terrorism from insurance 222
-
Claims for compensation in respect of declared act of terrorism 222
-
Limits on claims for declared acts of terrorism 223
-
WorkCover WA’s rights of indemnity and subrogation 224
Division 10 — Special provisions for waterfront worker dust diseases if employer unknown
-
Terms used 224
-
Claim for compensation if last relevant employer unknown 224
-
Payment of claim 225
-
Recovery of money paid in satisfaction of claim 225
Division 11 — Contributions to Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Fund
-
Terms used 226
-
Insurance Commission to determine required contributions to CIF 226
-
Calculation of required insurer contributions to CIF 227
-
Requirement for payment of CIF contributions by insurers and self‑insurers 227
-
Transfer from DI Fund to CIF 228
-
Additional insurer contribution for unexpected liabilities 229