sec.71Issue or renewal of licence to a single employer

### sec.71 Issue or renewal of licence to a single employer The Regulator may issue or renew a licence to be a self-insurer to a single employer only if satisfied that— the number of full-time workers employed in Queensland by the employer is at least 2,000; and the employer’s occupational health and safety performance is satisfactory; and the licence will cover all workers, employed in Queensland, of the employer; and the employer has given the Regulator the security required under section 84 ; and the employer has the reinsurance cover required under section 86 ; and all workplaces of the employer— are accredited workplaces; or if not accredited workplaces— are adequately serviced by a rehabilitation and return to work coordinator who is in Queensland and employed by the employer under a contract (regardless of whether the contract is a contract of service); and have workplace rehabilitation policies and procedures; and the employer is fit and proper to be a self-insurer. However, if the Regulator is not satisfied of 1 or more matters mentioned in subsection (1) (a) to (g) , the Regulator may still issue or renew a licence to be a self-insurer to a single employer if the Regulator is satisfied that, despite the Regulator not being satisfied of the matters— special circumstances justify the issue or renewal of the licence; and the employer can appropriately— perform the functions and exercise the powers of a self-insurer; and meet the obligations of a self-insurer. Without limiting subsection (2) (a) , special circumstances that may justify the issue or renewal of a licence to be a self-insurer to a single employer who fails to satisfy the Regulator only of the matter mentioned in subsection (1) (a) include the following— the employer— holds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and has demonstrated a history of compliance with those laws and the conditions of those licences, and of acting reasonably in the performance of functions and exercise of powers under those laws or licences; for a renewal of a licence—the employer has demonstrated a history of compliance with this Act and the conditions of the licence, and of acting reasonably in the performance of functions and exercise of powers under this Act or the licence. If, for a single employer, the Regulator is not satisfied of the matter mentioned in subsection (1) (a) only, the Regulator may still issue a licence to be a self-insurer to the employer if— the employer held a licence (the former licence ) to be a self-insurer under this section within the previous 5 years; and the former licence was not cancelled under this Act; and after the former licence ended, the employer was not at any time a related body corporate with another employer for the purpose of the grant of a licence to be a self-insurer under section 72 ; and the Regulator is satisfied the number of full-time workers employed in Queensland by the employer is at least the number of full-time workers that were required under subsection (1) (a) as in force when the former licence was granted. Also, the Regulator may renew a licence to be a self-insurer issued to a single employer under subsection (4) who fails to satisfy the Regulator only of the matter mentioned in subsection (1) (a) if the Regulator is still satisfied of the matter mentioned in subsection (4) (d) . For subsection (1) (c) , the Regulator must ask the chief executive of the department within which the Work Health and Safety Act 2011 is administered to prepare an OHS report about the employer’s occupational health and safety performance. In this section— jurisdiction means the Commonwealth or a State. s 71 amd 2005 No. 50 s 10 ; 2007 No. 23 s 63 ; 2011 No. 18 s 404 sch 4 pt 1 ; 2013 No. 31 s 78B ; 2013 No. 52 s 114 sch 2 ; 2016 No. 44 s 7 (sec.71-ssec.1) The Regulator may issue or renew a licence to be a self-insurer to a single employer only if satisfied that— the number of full-time workers employed in Queensland by the employer is at least 2,000; and the employer’s occupational health and safety performance is satisfactory; and the licence will cover all workers, employed in Queensland, of the employer; and the employer has given the Regulator the security required under section 84 ; and the employer has the reinsurance cover required under section 86 ; and all workplaces of the employer— are accredited workplaces; or if not accredited workplaces— are adequately serviced by a rehabilitation and return to work coordinator who is in Queensland and employed by the employer under a contract (regardless of whether the contract is a contract of service); and have workplace rehabilitation policies and procedures; and the employer is fit and proper to be a self-insurer. (sec.71-ssec.2) However, if the Regulator is not satisfied of 1 or more matters mentioned in subsection (1) (a) to (g) , the Regulator may still issue or renew a licence to be a self-insurer to a single employer if the Regulator is satisfied that, despite the Regulator not being satisfied of the matters— special circumstances justify the issue or renewal of the licence; and the employer can appropriately— perform the functions and exercise the powers of a self-insurer; and meet the obligations of a self-insurer. (sec.71-ssec.3) Without limiting subsection (2) (a) , special circumstances that may justify the issue or renewal of a licence to be a self-insurer to a single employer who fails to satisfy the Regulator only of the matter mentioned in subsection (1) (a) include the following— the employer— holds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and has demonstrated a history of compliance with those laws and the conditions of those licences, and of acting reasonably in the performance of functions and exercise of powers under those laws or licences; for a renewal of a licence—the employer has demonstrated a history of compliance with this Act and the conditions of the licence, and of acting reasonably in the performance of functions and exercise of powers under this Act or the licence. (sec.71-ssec.4) If, for a single employer, the Regulator is not satisfied of the matter mentioned in subsection (1) (a) only, the Regulator may still issue a licence to be a self-insurer to the employer if— the employer held a licence (the former licence ) to be a self-insurer under this section within the previous 5 years; and the former licence was not cancelled under this Act; and after the former licence ended, the employer was not at any time a related body corporate with another employer for the purpose of the grant of a licence to be a self-insurer under section 72 ; and the Regulator is satisfied the number of full-time workers employed in Queensland by the employer is at least the number of full-time workers that were required under subsection (1) (a) as in force when the former licence was granted. (sec.71-ssec.5) Also, the Regulator may renew a licence to be a self-insurer issued to a single employer under subsection (4) who fails to satisfy the Regulator only of the matter mentioned in subsection (1) (a) if the Regulator is still satisfied of the matter mentioned in subsection (4) (d) . (sec.71-ssec.6) For subsection (1) (c) , the Regulator must ask the chief executive of the department within which the Work Health and Safety Act 2011 is administered to prepare an OHS report about the employer’s occupational health and safety performance. (sec.71-ssec.7) In this section— jurisdiction means the Commonwealth or a State. - (a) the number of full-time workers employed in Queensland by the employer is at least 2,000; and - (c) the employer’s occupational health and safety performance is satisfactory; and - (d) the licence will cover all workers, employed in Queensland, of the employer; and - (e) the employer has given the Regulator the security required under section 84 ; and - (f) the employer has the reinsurance cover required under section 86 ; and - (g) all workplaces of the employer— (i) are accredited workplaces; or (ii) if not accredited workplaces— (A) are adequately serviced by a rehabilitation and return to work coordinator who is in Queensland and employed by the employer under a contract (regardless of whether the contract is a contract of service); and (B) have workplace rehabilitation policies and procedures; and - (i) are accredited workplaces; or - (ii) if not accredited workplaces— (A) are adequately serviced by a rehabilitation and return to work coordinator who is in Queensland and employed by the employer under a contract (regardless of whether the contract is a contract of service); and (B) have workplace rehabilitation policies and procedures; and - (A) are adequately serviced by a rehabilitation and return to work coordinator who is in Queensland and employed by the employer under a contract (regardless of whether the contract is a contract of service); and - (B) have workplace rehabilitation policies and procedures; and - (h) the employer is fit and proper to be a self-insurer. - (i) are accredited workplaces; or - (ii) if not accredited workplaces— (A) are adequately serviced by a rehabilitation and return to work coordinator who is in Queensland and employed by the employer under a contract (regardless of whether the contract is a contract of service); and (B) have workplace rehabilitation policies and procedures; and - (A) are adequately serviced by a rehabilitation and return to work coordinator who is in Queensland and employed by the employer under a contract (regardless of whether the contract is a contract of service); and - (B) have workplace rehabilitation policies and procedures; and - (A) are adequately serviced by a rehabilitation and return to work coordinator who is in Queensland and employed by the employer under a contract (regardless of whether the contract is a contract of service); and - (B) have workplace rehabilitation policies and procedures; and - (a) special circumstances justify the issue or renewal of the licence; and - (b) the employer can appropriately— (i) perform the functions and exercise the powers of a self-insurer; and (ii) meet the obligations of a self-insurer. - (i) perform the functions and exercise the powers of a self-insurer; and - (ii) meet the obligations of a self-insurer. - (i) perform the functions and exercise the powers of a self-insurer; and - (ii) meet the obligations of a self-insurer. - (a) the employer— (i) holds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and (ii) has demonstrated a history of compliance with those laws and the conditions of those licences, and of acting reasonably in the performance of functions and exercise of powers under those laws or licences; - (i) holds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and - (ii) has demonstrated a history of compliance with those laws and the conditions of those licences, and of acting reasonably in the performance of functions and exercise of powers under those laws or licences; - (b) for a renewal of a licence—the employer has demonstrated a history of compliance with this Act and the conditions of the licence, and of acting reasonably in the performance of functions and exercise of powers under this Act or the licence. - (i) holds a current licence to be a self-insurer under the laws of 2 or more other jurisdictions; and - (ii) has demonstrated a history of compliance with those laws and the conditions of those licences, and of acting reasonably in the performance of functions and exercise of powers under those laws or licences; - (a) the employer held a licence (the former licence ) to be a self-insurer under this section within the previous 5 years; and - (b) the former licence was not cancelled under this Act; and - (c) after the former licence ended, the employer was not at any time a related body corporate with another employer for the purpose of the grant of a licence to be a self-insurer under section 72 ; and - (d) the Regulator is satisfied the number of full-time workers employed in Queensland by the employer is at least the number of full-time workers that were required under subsection (1) (a) as in force when the former licence was granted.