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Workers' Compensation and Rehabilitation Act 2003
sec.90Consequences of change in self-insurer’s membership
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### sec.90 Consequences of change in self-insurer’s membership
If a member leaves a self-insurer that is a group employer and becomes part of another self-insurer (the other self-insurer ), the self-insurer must pay the other self-insurer an amount for the member’s total liability.
For subsection (1) , the other self-insurer is liable for compensation and damages for the member’s total liability from the day the Regulator approves the application from the other self-insurer for a change in its group membership.
If members leave a self-insurer that is a related bodies corporate group employer and become a self-insurer that is a related bodies corporate group employer (the new self-insurer ), the self-insurer must pay the new self-insurer an amount for the members’ total liability.
For subsection (3) , the new self-insurer is liable for compensation and damages for its total liability from the day the Regulator approves the new self-insurer’s application to be a self-insurer.
If a member leaves a self-insurer that is a group employer and does not become part of another self-insurer, the self-insurer must pay WorkCover an amount for the member’s total liability.
For subsection (5) , WorkCover is liable for compensation and damages for the member’s total liability from the day the Regulator approves the application for a change in the group membership.
If an employer becomes part of a self-insurer, other than under subsection (1) , WorkCover must pay the self-insurer an amount for the employer’s total liability.
For subsection (7) , the self-insurer is liable for compensation and damages for the employer’s total liability from the day the Regulator approves the application for a change in the group membership.
The total liability mentioned in subsection (1) , (3) , (5) or (7) must be—
calculated in the way prescribed under a regulation by an actuary approved by the Regulator; and
paid within the time allowed under a regulation.
s 90 amd 2013 No. 52 s 114 sch 2
(sec.90-ssec.1) If a member leaves a self-insurer that is a group employer and becomes part of another self-insurer (the other self-insurer ), the self-insurer must pay the other self-insurer an amount for the member’s total liability.
(sec.90-ssec.2) For subsection (1) , the other self-insurer is liable for compensation and damages for the member’s total liability from the day the Regulator approves the application from the other self-insurer for a change in its group membership.
(sec.90-ssec.3) If members leave a self-insurer that is a related bodies corporate group employer and become a self-insurer that is a related bodies corporate group employer (the new self-insurer ), the self-insurer must pay the new self-insurer an amount for the members’ total liability.
(sec.90-ssec.4) For subsection (3) , the new self-insurer is liable for compensation and damages for its total liability from the day the Regulator approves the new self-insurer’s application to be a self-insurer.
(sec.90-ssec.5) If a member leaves a self-insurer that is a group employer and does not become part of another self-insurer, the self-insurer must pay WorkCover an amount for the member’s total liability.
(sec.90-ssec.6) For subsection (5) , WorkCover is liable for compensation and damages for the member’s total liability from the day the Regulator approves the application for a change in the group membership.
(sec.90-ssec.7) If an employer becomes part of a self-insurer, other than under subsection (1) , WorkCover must pay the self-insurer an amount for the employer’s total liability.
(sec.90-ssec.8) For subsection (7) , the self-insurer is liable for compensation and damages for the employer’s total liability from the day the Regulator approves the application for a change in the group membership.
(sec.90-ssec.9) The total liability mentioned in subsection (1) , (3) , (5) or (7) must be— calculated in the way prescribed under a regulation by an actuary approved by the Regulator; and paid within the time allowed under a regulation.
- (a) calculated in the way prescribed under a regulation by an actuary approved by the Regulator; and
- (b) paid within the time allowed under a regulation.