sec.72Issue or renewal of licence to a group employer

### sec.72 Issue or renewal of licence to a group employer The Regulator may issue or renew a licence to be a self-insurer to a group employer only if satisfied that— the applicant is a group employer; and the combined number of full-time workers employed in Queensland by all members of the group is at least 2,000; and the group employer’s occupational health and safety performance is satisfactory; and the licence will cover all workers, employed in Queensland, of the group employer; and the group employer has given the Regulator the security required under section 84 ; and the group employer has the reinsurance cover required under section 86 ; and all workplaces of each member of the group— 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 group employer or a member of the group under a contract (regardless of whether the contract is a contract of service); and have workplace rehabilitation policies and procedures; and the group 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 (h) , the Regulator may still issue or renew a licence to be a self-insurer to a group 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 group employer who fails to satisfy the Regulator only of the matter mentioned in subsection (1) (b) 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. For subsection (1) (d) , 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 group employer’s occupational health and safety performance. In this section— jurisdiction means the Commonwealth or a State. s 72 amd 2005 No. 50 s 11 ; 2007 No. 23 s 64 ; 2011 No. 18 s 404 sch 4 pt 1 ; 2013 No. 31 s 78C ; 2013 No. 52 s 114 sch 2 ; 2016 No. 44 s 53 sch 1 (sec.72-ssec.1) The Regulator may issue or renew a licence to be a self-insurer to a group employer only if satisfied that— the applicant is a group employer; and the combined number of full-time workers employed in Queensland by all members of the group is at least 2,000; and the group employer’s occupational health and safety performance is satisfactory; and the licence will cover all workers, employed in Queensland, of the group employer; and the group employer has given the Regulator the security required under section 84 ; and the group employer has the reinsurance cover required under section 86 ; and all workplaces of each member of the group— 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 group employer or a member of the group under a contract (regardless of whether the contract is a contract of service); and have workplace rehabilitation policies and procedures; and the group employer is fit and proper to be a self-insurer. (sec.72-ssec.2) However, if the Regulator is not satisfied of 1 or more matters mentioned in subsection (1) (a) to (h) , the Regulator may still issue or renew a licence to be a self-insurer to a group 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.72-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 group employer who fails to satisfy the Regulator only of the matter mentioned in subsection (1) (b) 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.72-ssec.4) For subsection (1) (d) , 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 group employer’s occupational health and safety performance. (sec.72-ssec.5) In this section— jurisdiction means the Commonwealth or a State. - (a) the applicant is a group employer; and - (b) the combined number of full-time workers employed in Queensland by all members of the group is at least 2,000; and - (d) the group employer’s occupational health and safety performance is satisfactory; and - (e) the licence will cover all workers, employed in Queensland, of the group employer; and - (f) the group employer has given the Regulator the security required under section 84 ; and - (g) the group employer has the reinsurance cover required under section 86 ; and - (h) all workplaces of each member of the group— (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 group employer or a member of the group 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 group employer or a member of the group 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 group employer or a member of the group under a contract (regardless of whether the contract is a contract of service); and - (B) have workplace rehabilitation policies and procedures; and - (i) the group 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 group employer or a member of the group 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 group employer or a member of the group 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 group employer or a member of the group 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;