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Workers' Compensation and Rehabilitation Act 2003
sec.102Assessing liability after cancellation
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### sec.102 Assessing liability after cancellation
This section applies if a licence is cancelled.
WorkCover must appoint an actuary to assess the former self-insurer’s liability under sections 68C and 87 (1) .
The amount of liability is the amount calculated under a regulation.
The amount of liability assessed and management costs—
are a debt due to WorkCover by the former self-insurer; and
are payable within 20 business days after the date of assessment, or a further period allowed by WorkCover.
Without limiting subsection (4) , if the former self-insurer fails to pay the debt within the period, WorkCover may recover the debt from the former self-insurer’s section 84 security.
The Regulator must retain the section 84 security until it is satisfied that the former self-insurer’s liability under sections 68C and 87 (1) has been discharged or adequately provided for.
In this section—
management costs means the reasonable costs of—
administering the former self-insurer’s claims; and
the actuarial assessment of liability.
s 102 amd 2003 No. 85 s 28 sch ; 2004 No. 45 s 3 sch ; 2005 No. 50 s 3 sch ; 2013 No. 52 s 114 sch 2 ; 2016 No. 44 s 53 sch 1
(sec.102-ssec.1) This section applies if a licence is cancelled.
(sec.102-ssec.2) WorkCover must appoint an actuary to assess the former self-insurer’s liability under sections 68C and 87 (1) .
(sec.102-ssec.3) The amount of liability is the amount calculated under a regulation.
(sec.102-ssec.4) The amount of liability assessed and management costs— are a debt due to WorkCover by the former self-insurer; and are payable within 20 business days after the date of assessment, or a further period allowed by WorkCover.
(sec.102-ssec.5) Without limiting subsection (4) , if the former self-insurer fails to pay the debt within the period, WorkCover may recover the debt from the former self-insurer’s section 84 security.
(sec.102-ssec.6) The Regulator must retain the section 84 security until it is satisfied that the former self-insurer’s liability under sections 68C and 87 (1) has been discharged or adequately provided for.
(sec.102-ssec.7) In this section— management costs means the reasonable costs of— administering the former self-insurer’s claims; and the actuarial assessment of liability.
- (a) are a debt due to WorkCover by the former self-insurer; and
- (b) are payable within 20 business days after the date of assessment, or a further period allowed by WorkCover.
- (a) administering the former self-insurer’s claims; and
- (b) the actuarial assessment of liability.