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Queensland regulation
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Direct links to the current provisions in Workers’ Compensation and Rehabilitation Regulation 2025.
This regulation may be cited as the Workers’ Compensation and Rehabilitation Regulation 2025 .
This regulation commences on 1 September 2025.
Schedule 18 defines particular words used in this regulation.
For section 453 (b) of the Act , WorkCover maintains capital adequacy if WorkCover’s total assets are at least equal to its total liabilities.
An application for a WorkCover policy must be made to WorkCover in the approved form.
On payment of the premium shown as payable in a premium notice issued by WorkCover to an employer, WorkCover must issue to the employer a policy, in the approved form, for the period of insurance stated in the notice. A policy has no effect until— WorkCover receives the premium payable to WorkCover for the policy or the policy’s renewal; or WorkCover approves an instalment plan under section 10 . (sec.6-ssec.1) On payment of the premium shown as payable in a premium notice issued by WorkCover to an employer, WorkCover must issue to the employer a policy, in the approved form, for the period of insurance stated in the notice. (sec.6-ssec.2) A policy has no effect until— WorkCover receives the premium payable to WorkCover for the policy or the policy’s renewal; or WorkCover approves an instalment plan under section 10 .
WorkCover must assess the premium payable under a policy for each period of insurance shown in a premium notice. This section does not apply to a policy for household workers. (sec.7-ssec.1) WorkCover must assess the premium payable under a policy for each period of insurance shown in a premium notice. (sec.7-ssec.2) This section does not apply to a policy for household workers.
Each employer, other than a self-insurer, must, on or before 31 August in each year, give WorkCover a declaration of wages so WorkCover can assess the employer’s premium. The declaration must be in— the approved form; or with WorkCover’s approval—another form acceptable to WorkCover. If the employer gives WorkCover a declaration of wages after 31 August in a year, the employer must pay the additional premium stated in schedule 1 opposite the day when the employer gives WorkCover the declaration. This section does not apply if the employer employs only household workers. (sec.8-ssec.1) Each employer, other than a self-insurer, must, on or before 31 August in each year, give WorkCover a declaration of wages so WorkCover can assess the employer’s premium. (sec.8-ssec.2) The declaration must be in— the approved form; or with WorkCover’s approval—another form acceptable to WorkCover. (sec.8-ssec.3) If the employer gives WorkCover a declaration of wages after 31 August in a year, the employer must pay the additional premium stated in schedule 1 opposite the day when the employer gives WorkCover the declaration. (sec.8-ssec.4) This section does not apply if the employer employs only household workers.
This section applies if a worker’s entitlements during a period of insurance include board provided by the employer. The board is taken to be wages paid, or provided, by the employer to the worker. For each week of board provided by the employer, the amount of wages under subsection (2) is the higher of the following— the value of the board; either— if an industrial instrument that provides for a weekly allowance for board applies to the employment of the worker—the amount of the weekly allowance stated in the industrial instrument; or if subparagraph (i) does not apply—6% of QOTE. In this section— board means accommodation, meals, laundry services or any other entitlement having a monetary value provided when lodging. (sec.9-ssec.1) This section applies if a worker’s entitlements during a period of insurance include board provided by the employer. (sec.9-ssec.2) The board is taken to be wages paid, or provided, by the employer to the worker. (sec.9-ssec.3) For each week of board provided by the employer, the amount of wages under subsection (2) is the higher of the following— the value of the board; either— if an industrial instrument that provides for a weekly allowance for board applies to the employment of the worker—the amount of the weekly allowance stated in the industrial instrument; or if subparagraph (i) does not apply—6% of QOTE. (sec.9-ssec.4) In this section— board means accommodation, meals, laundry services or any other entitlement having a monetary value provided when lodging.
WorkCover may accept payment of a premium by instalments under an instalment plan approved by WorkCover if WorkCover is satisfied that payment of the premium by the due date would impose financial hardship on the employer. The instalment plan is subject to the following conditions— interest at an annual rate specified by WorkCover’s board by gazette notice must be added to the amount of each instalment; interest must be calculated from the due date; the interest rate that applies at the start of the instalment plan remains constant until the plan ends; on approval of the instalment plan, the employer must, if required by WorkCover, enter into a payment arrangement acceptable to WorkCover; if an instalment of premium is not paid on or before the due date for payment of the instalment— the total amount of unpaid instalments and interest on unpaid instalments to that day immediately becomes payable to WorkCover; and an additional premium under section 11 applies to the unpaid instalments and interest mentioned in subparagraph (i) ; and the policy for which the premium is payable stops having effect. See also section 48 of the Act for breach of the employer’s obligation to insure. (sec.10-ssec.1) WorkCover may accept payment of a premium by instalments under an instalment plan approved by WorkCover if WorkCover is satisfied that payment of the premium by the due date would impose financial hardship on the employer. (sec.10-ssec.2) The instalment plan is subject to the following conditions— interest at an annual rate specified by WorkCover’s board by gazette notice must be added to the amount of each instalment; interest must be calculated from the due date; the interest rate that applies at the start of the instalment plan remains constant until the plan ends; on approval of the instalment plan, the employer must, if required by WorkCover, enter into a payment arrangement acceptable to WorkCover; if an instalment of premium is not paid on or before the due date for payment of the instalment— the total amount of unpaid instalments and interest on unpaid instalments to that day immediately becomes payable to WorkCover; and an additional premium under section 11 applies to the unpaid instalments and interest mentioned in subparagraph (i) ; and the policy for which the premium is payable stops having effect. See also section 48 of the Act for breach of the employer’s obligation to insure.
This section applies if an employer does not pay WorkCover, on or before the due date— the amount stated in a premium notice; or the amount by which a final assessment of an amount of premium by an industrial magistrate or the industrial court is more than the amount of premium paid under section 551 (4) of the Act . For sections 61 and 62 of the Act , the additional premium payable is— if the amount mentioned in subsection (1) is paid to WorkCover within 30 days after the due date—5% of the amount; or if the amount mentioned in subsection (1) is paid to WorkCover after 30 days but within 60 days after the due date—10% of the amount; or if the amount mentioned in subsection (1) is paid to WorkCover after 60 days after the due date or if the amount is not paid—10% of the amount plus interest at the annual rate mentioned in section 10 (2) (a) for the period that— starts on the due date, or a later date decided by WorkCover; and ends on the day the amount mentioned in subsection (1) and the additional premium under paragraph (a) or (b) is paid to WorkCover. This section does not apply if— the employer employs only household workers; or WorkCover has approved an instalment plan under section 10 and the employer complies with the plan. In this section— due date means— for an amount mentioned in subsection (1) (a) —the due date stated in the premium notice; or for an amount mentioned in subsection (1) (b) —the last day of the period mentioned in section 62 (1) (b) of the Act . (sec.11-ssec.1) This section applies if an employer does not pay WorkCover, on or before the due date— the amount stated in a premium notice; or the amount by which a final assessment of an amount of premium by an industrial magistrate or the industrial court is more than the amount of premium paid under section 551 (4) of the Act . (sec.11-ssec.2) For sections 61 and 62 of the Act , the additional premium payable is— if the amount mentioned in subsection (1) is paid to WorkCover within 30 days after the due date—5% of the amount; or if the amount mentioned in subsection (1) is paid to WorkCover after 30 days but within 60 days after the due date—10% of the amount; or if the amount mentioned in subsection (1) is paid to WorkCover after 60 days after the due date or if the amount is not paid—10% of the amount plus interest at the annual rate mentioned in section 10 (2) (a) for the period that— starts on the due date, or a later date decided by WorkCover; and ends on the day the amount mentioned in subsection (1) and the additional premium under paragraph (a) or (b) is paid to WorkCover. (sec.11-ssec.3) This section does not apply if— the employer employs only household workers; or WorkCover has approved an instalment plan under section 10 and the employer complies with the plan. (sec.11-ssec.4) In this section— due date means— for an amount mentioned in subsection (1) (a) —the due date stated in the premium notice; or for an amount mentioned in subsection (1) (b) —the last day of the period mentioned in section 62 (1) (b) of the Act .
For section 569 (2) (a) of the Act , the employer’s premium, for a financial year, is the amount calculated using the formula— where— rate means the rate for the employer’s industry or business specified by WorkCover by gazette notice under section 54 (2) of the Act , or decided by WorkCover under section 54 (3) of the Act , that applies to the financial year. wages means— the wages paid, or provided, by the employer for the preceding financial year; or if the employer has been insured for only part of a financial year—a reasonable estimate of the wages that would have been paid, or provided, by the employer for the financial year.
This section applies if a person (the former employer ) wants to cancel a policy because the former employer has stopped employing workers. The former employer must give WorkCover a written notice stating— that the former employer wants to cancel the policy because the former employer has stopped employing workers; and the day the former employer stopped employing workers (the end day ); and the wages paid, or provided, by the former employer during the period that— starts on 1 July last preceding the end day; and ends on the end day; and the address to which any document addressed to the former employer may be sent. This section does not apply if the person employed only household workers. (sec.13-ssec.1) This section applies if a person (the former employer ) wants to cancel a policy because the former employer has stopped employing workers. (sec.13-ssec.2) The former employer must give WorkCover a written notice stating— that the former employer wants to cancel the policy because the former employer has stopped employing workers; and the day the former employer stopped employing workers (the end day ); and the wages paid, or provided, by the former employer during the period that— starts on 1 July last preceding the end day; and ends on the end day; and the address to which any document addressed to the former employer may be sent. (sec.13-ssec.3) This section does not apply if the person employed only household workers.
This section applies if— a person (the former employer ) has given WorkCover a written notice under section 13 (2) ; or WorkCover is satisfied, after making reasonable enquiries, that a person (also the former employer ) has stopped employing workers. WorkCover may cancel the former employer’s policy. WorkCover must assess the amount of premium payable by the former employer for the period during which the Act required the former employer to hold a policy. If the premium paid by the former employer for the last employment period was more than the amount of premium assessed under subsection (3) , WorkCover must refund the amount overpaid to the former employer. If the premium paid by the former employer for the last employment period was less than the amount of premium assessed under subsection (3) , the former employer must pay WorkCover the amount of the deficit on or before the due date under a premium notice issued for the amount of the deficit. See also chapter 2 , part 3 , division 3 of the Act for circumstances in which additional premiums may be payable by employers or former employers. In this section— last employment period means— for a former employer mentioned in subsection (1) (a) —the period mentioned in section 13 (2) (c) ; or for a former employer mentioned in subsection (1) (b) —the period that— starts on 1 July last preceding the day WorkCover is satisfied the former employer stopped employing workers (the end day ); and ends on the end day. (sec.14-ssec.1) This section applies if— a person (the former employer ) has given WorkCover a written notice under section 13 (2) ; or WorkCover is satisfied, after making reasonable enquiries, that a person (also the former employer ) has stopped employing workers. (sec.14-ssec.2) WorkCover may cancel the former employer’s policy. (sec.14-ssec.3) WorkCover must assess the amount of premium payable by the former employer for the period during which the Act required the former employer to hold a policy. (sec.14-ssec.4) If the premium paid by the former employer for the last employment period was more than the amount of premium assessed under subsection (3) , WorkCover must refund the amount overpaid to the former employer. (sec.14-ssec.5) If the premium paid by the former employer for the last employment period was less than the amount of premium assessed under subsection (3) , the former employer must pay WorkCover the amount of the deficit on or before the due date under a premium notice issued for the amount of the deficit. See also chapter 2 , part 3 , division 3 of the Act for circumstances in which additional premiums may be payable by employers or former employers. (sec.14-ssec.6) In this section— last employment period means— for a former employer mentioned in subsection (1) (a) —the period mentioned in section 13 (2) (c) ; or for a former employer mentioned in subsection (1) (b) —the period that— starts on 1 July last preceding the day WorkCover is satisfied the former employer stopped employing workers (the end day ); and ends on the end day.
For section 65 (2) of the Act , the amount prescribed in relation to a worker who sustains an injury for which compensation is payable is the lesser of the following— QOTE; the amount of the weekly payment of compensation payable to the worker under chapter 3 , part 9 of the Act .
In this division— annual levy means the amount payable under section 81 of the Act . provisional annual levy see section 19 (2) (a) . specified date see section 18 (2) .
For section 70 (c) of the Act , the fee prescribed is— for a single employer—15,000 fee units; or for a group employer—20,000 fee units.
For section 81 (2) of the Act , this section prescribes the way to calculate a self-insurer’s levy for each financial year or part of a financial year of a licence. The Regulator must specify a date (the specified date ) for a financial year and publish the date in the gazette. The self-insurer’s levy for each financial year or part of a financial year of a licence must be calculated using the formula— where— estimated claims liability means the self-insurer’s estimated claims liability most recently agreed by the Regulator and the self-insurer under section 67 , or most recently decided by the arbiter under section 102 , before the specified date for the financial year. rate means the rate published by the Regulator under section 81(6) of the Act for the particular financial year. (sec.18-ssec.1) For section 81 (2) of the Act , this section prescribes the way to calculate a self-insurer’s levy for each financial year or part of a financial year of a licence. (sec.18-ssec.2) The Regulator must specify a date (the specified date ) for a financial year and publish the date in the gazette. (sec.18-ssec.3) The self-insurer’s levy for each financial year or part of a financial year of a licence must be calculated using the formula— where— estimated claims liability means the self-insurer’s estimated claims liability most recently agreed by the Regulator and the self-insurer under section 67 , or most recently decided by the arbiter under section 102 , before the specified date for the financial year. rate means the rate published by the Regulator under section 81(6) of the Act for the particular financial year.
This section applies in relation to a self-insurer if, on the specified date— the self-insurer’s estimated claims liability for a year has been calculated by the appointed actuary under section 62 ; but the Regulator and the self-insurer have not agreed on the amount of the self-insurer’s estimated claims liability under section 67 and the arbiter has not decided the amount of the self-insurer’s estimated claims liability under section 102 . The Regulator may use the amount of the self-insurer’s estimated claims liability as calculated by the appointed actuary under section 62 to— calculate the self-insurer’s annual levy under section 18 (the provisional annual levy ); and give the self-insurer written notice of the amount of the provisional annual levy under section 81 (7) of the Act . (sec.19-ssec.1) This section applies in relation to a self-insurer if, on the specified date— the self-insurer’s estimated claims liability for a year has been calculated by the appointed actuary under section 62 ; but the Regulator and the self-insurer have not agreed on the amount of the self-insurer’s estimated claims liability under section 67 and the arbiter has not decided the amount of the self-insurer’s estimated claims liability under section 102 . (sec.19-ssec.2) The Regulator may use the amount of the self-insurer’s estimated claims liability as calculated by the appointed actuary under section 62 to— calculate the self-insurer’s annual levy under section 18 (the provisional annual levy ); and give the self-insurer written notice of the amount of the provisional annual levy under section 81 (7) of the Act .
This section applies if— the Regulator gave a self-insurer a written notice under section 19 (2) (b) stating the amount of the provisional annual levy based on the amount of the self-insurer’s estimated claims liability as calculated by the appointed actuary under section 62 ; and the Regulator and the self-insurer have agreed under section 67 on the amount of the self-insurer’s estimated claims liability. The Regulator must give the self-insurer written notice of the amount of the annual levy (the actual annual levy ) under section 81 (7) of the Act based on the agreed amount within 14 days after the Regulator and the self-insurer agree to the amount. If the actual annual levy is more than the provisional annual levy, the self-insurer must pay the Regulator the difference between the actual annual levy and the amount paid as the provisional annual levy. If the actual annual levy is less than the provisional annual levy, the Regulator must pay the self-insurer the difference between the actual annual levy and the amount paid as the provisional annual levy. (sec.20-ssec.1) This section applies if— the Regulator gave a self-insurer a written notice under section 19 (2) (b) stating the amount of the provisional annual levy based on the amount of the self-insurer’s estimated claims liability as calculated by the appointed actuary under section 62 ; and the Regulator and the self-insurer have agreed under section 67 on the amount of the self-insurer’s estimated claims liability. (sec.20-ssec.2) The Regulator must give the self-insurer written notice of the amount of the annual levy (the actual annual levy ) under section 81 (7) of the Act based on the agreed amount within 14 days after the Regulator and the self-insurer agree to the amount. (sec.20-ssec.3) If the actual annual levy is more than the provisional annual levy, the self-insurer must pay the Regulator the difference between the actual annual levy and the amount paid as the provisional annual levy. (sec.20-ssec.4) If the actual annual levy is less than the provisional annual levy, the Regulator must pay the self-insurer the difference between the actual annual levy and the amount paid as the provisional annual levy.
This section applies if— the Regulator gave a self-insurer a written notice under section 19 (2) (b) stating the amount of the provisional annual levy based on the amount of the self-insurer’s estimated claims liability as calculated by the appointed actuary under section 62 ; and the Regulator and the self-insurer have not agreed under section 67 on the amount of the self-insurer’s estimated claims liability; and the arbiter has decided the amount of the self-insurer’s estimated claims liability under section 102 and the amount (the decided adjusted amount ) is not the same as the amount of the self-insurer’s estimated claims liability used to calculate the provisional annual levy. The Regulator must give the self-insurer written notice of the amount of the annual levy (the actual annual levy ) under section 81 (7) of the Act based on the decided adjusted amount within 14 days after the Regulator receives notice of the amount under section 102 (4) . If the actual annual levy is more than the provisional annual levy, the self-insurer must pay the Regulator the difference between the actual annual levy and the amount paid as the provisional annual levy. If the actual annual levy is less than the provisional annual levy, the Regulator must pay the self-insurer the difference between the actual annual levy and the amount paid as the provisional annual levy. (sec.21-ssec.1) This section applies if— the Regulator gave a self-insurer a written notice under section 19 (2) (b) stating the amount of the provisional annual levy based on the amount of the self-insurer’s estimated claims liability as calculated by the appointed actuary under section 62 ; and the Regulator and the self-insurer have not agreed under section 67 on the amount of the self-insurer’s estimated claims liability; and the arbiter has decided the amount of the self-insurer’s estimated claims liability under section 102 and the amount (the decided adjusted amount ) is not the same as the amount of the self-insurer’s estimated claims liability used to calculate the provisional annual levy. (sec.21-ssec.2) The Regulator must give the self-insurer written notice of the amount of the annual levy (the actual annual levy ) under section 81 (7) of the Act based on the decided adjusted amount within 14 days after the Regulator receives notice of the amount under section 102 (4) . (sec.21-ssec.3) If the actual annual levy is more than the provisional annual levy, the self-insurer must pay the Regulator the difference between the actual annual levy and the amount paid as the provisional annual levy. (sec.21-ssec.4) If the actual annual levy is less than the provisional annual levy, the Regulator must pay the self-insurer the difference between the actual annual levy and the amount paid as the provisional annual levy.
For section 82 (1) of the Act , the additional amount payable by a self-insurer in relation to the late payment of an amount of annual levy is— if the amount is paid to the Regulator within 30 days after the due date—5% of the amount; or if the amount is paid to the Regulator after 30 days but within 60 days after the due date—10% of the amount; or if the amount is paid to the Regulator after 60 days after the due date or if the amount is not paid—10% of the amount plus interest at a rate specified by the Regulator by gazette notice for the period that— starts on the due date, or a later date decided by the Regulator; and ends on the day the amount of the annual levy and the additional amount under paragraph (a) or (b) is paid to the Regulator.
For section 83 (1) (a) of the Act , a self-insurer’s licence is subject to the condition that the self-insurer must give the Regulator, for each year or part of a year of the licence, a declaration in the approved form of the wages paid, or provided by, the self-insurer.
For section 98 of the Act , the way prescribed for the calculation of the premium payable by a self-insurer whose licence is cancelled (the former self-insurer ) for the first 2 periods of insurance after cancellation is according to the method and at the rate specified by WorkCover, by gazette notice under section 54 of the Act , as if the former self-insurer were insuring with WorkCover for the first time. However, the rate specified under subsection (1) must not be less than the rate calculated using the formula— where— administrative costs means the administrative costs associated with claims incurred by the former self-insurer during the final period of licence, calculated by multiplying payments + liability by 0.095. final period of licence means— for a former self-insurer licensed as a self-insurer for 3 or more years immediately before cancellation of the former self-insurer’s licence—3 years; or for a former self-insurer licensed as a self-insurer for less than 3 years immediately before cancellation of the former self-insurer’s licence—the period of the licence. liability means an actuarial estimate of the former self-insurer’s outstanding liability at the end of the former self-insurer’s licence for claims incurred by the former self-insurer during the final period of licence, excluding liability for the excess period. payments means the actual payments made by the former self-insurer for claims incurred during the final period of licence, less recoveries received and payments made that are the equivalent of amounts payable for the excess period. wages means the wages paid, or provided, by the self-insurer during the final period of licence. (sec.24-ssec.1) For section 98 of the Act , the way prescribed for the calculation of the premium payable by a self-insurer whose licence is cancelled (the former self-insurer ) for the first 2 periods of insurance after cancellation is according to the method and at the rate specified by WorkCover, by gazette notice under section 54 of the Act , as if the former self-insurer were insuring with WorkCover for the first time. (sec.24-ssec.2) However, the rate specified under subsection (1) must not be less than the rate calculated using the formula— where— administrative costs means the administrative costs associated with claims incurred by the former self-insurer during the final period of licence, calculated by multiplying payments + liability by 0.095. final period of licence means— for a former self-insurer licensed as a self-insurer for 3 or more years immediately before cancellation of the former self-insurer’s licence—3 years; or for a former self-insurer licensed as a self-insurer for less than 3 years immediately before cancellation of the former self-insurer’s licence—the period of the licence. liability means an actuarial estimate of the former self-insurer’s outstanding liability at the end of the former self-insurer’s licence for claims incurred by the former self-insurer during the final period of licence, excluding liability for the excess period. payments means the actual payments made by the former self-insurer for claims incurred during the final period of licence, less recoveries received and payments made that are the equivalent of amounts payable for the excess period. wages means the wages paid, or provided, by the self-insurer during the final period of licence.
For section 569 (2) (a) of the Act , the deemed levy, for a self-insurer for a financial year of the self-insurer’s licence, is the amount calculated using the formula— where— estimated claims liability means the self-insurer’s estimated claims liability mentioned in section 18 (3) . rate means the rate published by the Regulator under section 81(6) of the Act for the particular financial year.
In this division— application day , in relation to a self-insurer, means the day the self-insurer applied to be licensed as a self-insurer under section 70 of the Act . appointed actuary see section 28 . assessment day , in relation to a self-insurer, means the last day of the financial quarter immediately before the application day. outstanding liability see section 87 (1) (b) of the Act . summary report see section 32 (1) .
For section 87 (2) of the Act , the amount of a self-insurer’s outstanding liability must be calculated under this division.
WorkCover and the self-insurer must each appoint an actuary (each an appointed actuary ) to calculate the amount of the self-insurer’s outstanding liability.
The Regulator must give each appointed actuary the information necessary to enable the appointed actuary to calculate the amount of the self-insurer’s outstanding liability within the period mentioned in section 31 (3) .
Each appointed actuary’s calculation of the amount of the self-insurer’s outstanding liability must— be prepared under the actuarial standard; and apply a central estimate of the liability; and apply the risk free rate of return; and include claims administration expenses of 7% of the self-insurer’s outstanding liability; and not include a prudential margin; and be based, to the extent practicable, on claims for compensation and damages made against the self-insurer before the self-insurer was granted a licence to become a self-insurer; and be based on data that is up-to-date on the assessment day.
Each appointed actuary must prepare an actuarial report under the actuarial standard of the appointed actuary’s calculation of the amount of the self-insurer’s outstanding liability. The actuarial report must state the following— the amount of the self-insurer’s outstanding liability; the key assumptions made by the appointed actuary for the calculation; how the key assumptions made by the appointed actuary have been derived, including— the average amount of a claim for compensation against the self-insurer; and the average amount of a claim for damages against the self-insurer; and the amount anticipated to have been incurred by the self-insurer in potential claims for compensation or damages for which no claim has yet been made; and the frequency of claims for compensation against the self-insurer; and the frequency of claims for damages against the self-insurer; and the net amount of claims for compensation and damages against the self-insurer after allowing for future inflation ( inflated value ); and the net present value of the inflated value after allowing for income from assets set aside by the self-insurer to pay the amount mentioned in paragraph (a) ; and the rate of inflation used; the nature of the data used in the calculation; the appointed actuary’s assessment of the data, including, for example, the accuracy of the data; how the appointed actuary interpreted the data; the actuarial model used in the calculation; the results of the calculation; the appointed actuary’s confidence in the results of the calculation. Each appointed actuary must prepare the actuarial report within 35 days after the application day. (sec.31-ssec.1) Each appointed actuary must prepare an actuarial report under the actuarial standard of the appointed actuary’s calculation of the amount of the self-insurer’s outstanding liability. (sec.31-ssec.2) The actuarial report must state the following— the amount of the self-insurer’s outstanding liability; the key assumptions made by the appointed actuary for the calculation; how the key assumptions made by the appointed actuary have been derived, including— the average amount of a claim for compensation against the self-insurer; and the average amount of a claim for damages against the self-insurer; and the amount anticipated to have been incurred by the self-insurer in potential claims for compensation or damages for which no claim has yet been made; and the frequency of claims for compensation against the self-insurer; and the frequency of claims for damages against the self-insurer; and the net amount of claims for compensation and damages against the self-insurer after allowing for future inflation ( inflated value ); and the net present value of the inflated value after allowing for income from assets set aside by the self-insurer to pay the amount mentioned in paragraph (a) ; and the rate of inflation used; the nature of the data used in the calculation; the appointed actuary’s assessment of the data, including, for example, the accuracy of the data; how the appointed actuary interpreted the data; the actuarial model used in the calculation; the results of the calculation; the appointed actuary’s confidence in the results of the calculation. (sec.31-ssec.3) Each appointed actuary must prepare the actuarial report within 35 days after the application day.
The appointed actuaries must also jointly prepare a report (the summary report ) that— includes each appointed actuary’s individual actuarial report; and states how the reports mentioned in paragraph (a) agree or differ and the reasons for any difference. The appointed actuaries must give a copy of the summary report to the Regulator, WorkCover and the self-insurer within 2 months after the application day. (sec.32-ssec.1) The appointed actuaries must also jointly prepare a report (the summary report ) that— includes each appointed actuary’s individual actuarial report; and states how the reports mentioned in paragraph (a) agree or differ and the reasons for any difference. (sec.32-ssec.2) The appointed actuaries must give a copy of the summary report to the Regulator, WorkCover and the self-insurer within 2 months after the application day.
WorkCover and the self-insurer may agree on the amount of the self-insurer’s outstanding liability having regard to the summary report.
This section applies if WorkCover and the self-insurer do not agree on the amount of the self-insurer’s outstanding liability. WorkCover and the self-insurer must, by written notice, tell the Regulator that WorkCover and the self-insurer do not agree on the amount of the self-insurer’s outstanding liability. If the Regulator receives a written notice under subsection (2) , the Regulator must refer the summary report to the arbiter to decide the amount of the self-insurer’s outstanding liability. See sections 102 to 104 in relation to the arbiter’s decision. (sec.34-ssec.1) This section applies if WorkCover and the self-insurer do not agree on the amount of the self-insurer’s outstanding liability. (sec.34-ssec.2) WorkCover and the self-insurer must, by written notice, tell the Regulator that WorkCover and the self-insurer do not agree on the amount of the self-insurer’s outstanding liability. (sec.34-ssec.3) If the Regulator receives a written notice under subsection (2) , the Regulator must refer the summary report to the arbiter to decide the amount of the self-insurer’s outstanding liability. See sections 102 to 104 in relation to the arbiter’s decision.
WorkCover must pay to the self-insurer the amount of the self-insurer’s outstanding liability (the final amount )— agreed to by WorkCover and the self-insurer; or if there is no agreement—decided by the arbiter under section 102 (2) (b) (ii) . WorkCover must pay the self-insurer— 75% of the final amount on the day the self-insurer’s licence starts; and the balance of the final amount within 1 month after the day the self-insurer’s licence starts. However, the final amount paid by WorkCover must be adjusted by WorkCover’s appointed actuary to take into account— the amount of compensation and damages, if any, paid by the self-insurer during the final period; and claims for compensation and damages, if any, lodged against the self-insurer during the final period. In this section— final period , in relation to a self-insurer, means the period that— starts on the assessment day; and ends on the day the self-insurer becomes liable for the self-insurer’s outstanding liability. (sec.35-ssec.1) WorkCover must pay to the self-insurer the amount of the self-insurer’s outstanding liability (the final amount )— agreed to by WorkCover and the self-insurer; or if there is no agreement—decided by the arbiter under section 102 (2) (b) (ii) . (sec.35-ssec.2) WorkCover must pay the self-insurer— 75% of the final amount on the day the self-insurer’s licence starts; and the balance of the final amount within 1 month after the day the self-insurer’s licence starts. (sec.35-ssec.3) However, the final amount paid by WorkCover must be adjusted by WorkCover’s appointed actuary to take into account— the amount of compensation and damages, if any, paid by the self-insurer during the final period; and claims for compensation and damages, if any, lodged against the self-insurer during the final period. (sec.35-ssec.4) In this section— final period , in relation to a self-insurer, means the period that— starts on the assessment day; and ends on the day the self-insurer becomes liable for the self-insurer’s outstanding liability.
WorkCover must, before the day the self-insurer’s licence starts, give the self-insurer all the information in WorkCover’s possession about the claims for compensation and damages that relate to the self-insurer’s outstanding liability.
In this division— appointed actuary see section 39 . assessment day , in relation to a member, means the last day of the financial quarter immediately before the day the old insurer applied to the Regulator under section 89 of the Act for a change in the group membership on the old insurer’s licence. consent day , in relation to a member, means the day the Regulator approved the old insurer’s application under section 89 of the Act for a change in the group membership on the old insurer’s licence. member means a member to whom section 90 of the Act applies. new insurer see section 38 . old insurer see section 38 . summary report see section 43 (1) .
For section 90 (9) (a) of the Act , when a member leaves a self-insurer that is a group employer (the old insurer ) and becomes part of another self-insurer (the new insurer ) the amount of the member’s total liability must be calculated under this division.
The old insurer and the new insurer must each appoint an actuary (each an appointed actuary ) to calculate the amount of the member’s total liability.
The old insurer and the new insurer must give each appointed actuary, in the approved form, the information necessary to enable the appointed actuary to calculate the amount of the member’s total liability within the period mentioned in section 42 (3) .
Each appointed actuary’s calculation of the amount of the member’s total liability must— be prepared under the actuarial standard; and apply a central estimate of the liability; and apply the risk free rate of return; and include claims administration expenses of 7% of the member’s total liability; and not include a prudential margin; and be based, to the extent practicable, on claims for compensation and damages made against the member; and be based on data that is up-to-date on the assessment day.
Each appointed actuary must prepare an actuarial report under the actuarial standard of the appointed actuary’s calculation of the amount of the member’s total liability. The actuarial report must state the following— the amount of the member’s total liability; the key assumptions made by the appointed actuary for the calculation; how the key assumptions by the appointed actuary have been derived, including— the average amount of a claim for compensation against the member; and the average amount of a claim for damages against the member; and the amount anticipated to have been incurred by the member in potential claims for compensation or damages for which no claim has yet been made; and the frequency of claims for compensation against the member; and the frequency of claims for damages against the member; and the net amount of claims for compensation and damages against the member after allowing for future inflation ( inflated value ); and the net present value of the inflated value after allowing for income from assets set aside by the member to pay the amount mentioned in paragraph (a) ; and the rate of inflation used; the nature of the data used in the calculation; the appointed actuary’s assessment of the data, including, for example, the accuracy of the data; how the appointed actuary interpreted the data; the actuarial model used in the calculation; the results of the calculation; the appointed actuary’s confidence in the results of the calculation. Each appointed actuary must prepare the actuarial report within 35 days after the consent day. (sec.42-ssec.1) Each appointed actuary must prepare an actuarial report under the actuarial standard of the appointed actuary’s calculation of the amount of the member’s total liability. (sec.42-ssec.2) The actuarial report must state the following— the amount of the member’s total liability; the key assumptions made by the appointed actuary for the calculation; how the key assumptions by the appointed actuary have been derived, including— the average amount of a claim for compensation against the member; and the average amount of a claim for damages against the member; and the amount anticipated to have been incurred by the member in potential claims for compensation or damages for which no claim has yet been made; and the frequency of claims for compensation against the member; and the frequency of claims for damages against the member; and the net amount of claims for compensation and damages against the member after allowing for future inflation ( inflated value ); and the net present value of the inflated value after allowing for income from assets set aside by the member to pay the amount mentioned in paragraph (a) ; and the rate of inflation used; the nature of the data used in the calculation; the appointed actuary’s assessment of the data, including, for example, the accuracy of the data; how the appointed actuary interpreted the data; the actuarial model used in the calculation; the results of the calculation; the appointed actuary’s confidence in the results of the calculation. (sec.42-ssec.3) Each appointed actuary must prepare the actuarial report within 35 days after the consent day.
The appointed actuaries must also jointly prepare a report (the summary report ) that— includes each appointed actuary’s individual actuarial report; and states how the reports mentioned in paragraph (a) agree or differ and the reasons for any difference. The appointed actuaries must give a copy of the summary report to the Regulator, the old insurer and the new insurer within 2 months after the consent day. (sec.43-ssec.1) The appointed actuaries must also jointly prepare a report (the summary report ) that— includes each appointed actuary’s individual actuarial report; and states how the reports mentioned in paragraph (a) agree or differ and the reasons for any difference. (sec.43-ssec.2) The appointed actuaries must give a copy of the summary report to the Regulator, the old insurer and the new insurer within 2 months after the consent day.
The old insurer and the new insurer may agree on the amount of the member’s total liability having regard to the summary report.
This section applies if the old insurer or the new insurer do not agree on the amount of the member’s total liability. The old insurer and the new insurer must, by written notice, tell the Regulator that the old insurer and the new insurer do not agree on the amount of the member’s total liability. If the Regulator receives a written notice under subsection (2) , the Regulator must refer the summary report to the arbiter to decide the amount of the member’s total liability. See sections 102 to 104 in relation to the arbiter’s decision. (sec.45-ssec.1) This section applies if the old insurer or the new insurer do not agree on the amount of the member’s total liability. (sec.45-ssec.2) The old insurer and the new insurer must, by written notice, tell the Regulator that the old insurer and the new insurer do not agree on the amount of the member’s total liability. (sec.45-ssec.3) If the Regulator receives a written notice under subsection (2) , the Regulator must refer the summary report to the arbiter to decide the amount of the member’s total liability. See sections 102 to 104 in relation to the arbiter’s decision.
The old insurer must pay to the new insurer the amount of the member’s total liability (the final amount )— agreed to by the old insurer and the new insurer; or if there is no agreement—decided by the arbiter under section 102 (2) (b) (ii) . The old insurer must pay the final amount— within 3 months after the consent day; or on or before a later day agreed to by the old insurer and the new insurer. However, the final amount paid by the old insurer must be adjusted by the old insurer’s appointed actuary to take into account— the amount of compensation and damages, if any, paid by the member during the final period; and claims for compensation and damages, if any, lodged against the member during the final period. The old insurer must, by written notice, tell the Regulator the following information not later than the day the final amount is paid to the new insurer— the final amount paid, as adjusted under subsection (3) ; the day the new insurer assumes liability for compensation and damages claimed against the member; the name and contact details of the old insurer, the new insurer and the member. In this section— final period , in relation to a member, means the period that— starts on the assessment day; and ends on the day the new insurer assumes liability for the member’s total liability. (sec.46-ssec.1) The old insurer must pay to the new insurer the amount of the member’s total liability (the final amount )— agreed to by the old insurer and the new insurer; or if there is no agreement—decided by the arbiter under section 102 (2) (b) (ii) . (sec.46-ssec.2) The old insurer must pay the final amount— within 3 months after the consent day; or on or before a later day agreed to by the old insurer and the new insurer. (sec.46-ssec.3) However, the final amount paid by the old insurer must be adjusted by the old insurer’s appointed actuary to take into account— the amount of compensation and damages, if any, paid by the member during the final period; and claims for compensation and damages, if any, lodged against the member during the final period. (sec.46-ssec.4) The old insurer must, by written notice, tell the Regulator the following information not later than the day the final amount is paid to the new insurer— the final amount paid, as adjusted under subsection (3) ; the day the new insurer assumes liability for compensation and damages claimed against the member; the name and contact details of the old insurer, the new insurer and the member. (sec.46-ssec.5) In this section— final period , in relation to a member, means the period that— starts on the assessment day; and ends on the day the new insurer assumes liability for the member’s total liability.
The old insurer must, not later than the day the final amount is paid to the new insurer under section 46 , give the new insurer all the information in the old insurer’s possession about the claims for compensation and damages that relate to the member’s total liability.
In this division— appointed actuary see section 50 . assessment day , in relation to a former self-insurer, means the last day of the financial quarter immediately before the cancellation day. cancellation day , in relation to a former self-insurer, means the day the former self-insurer’s licence was cancelled. former self-insurer means a self-insurer whose licence has been cancelled. summary report see section 54 (1) .
For section 102 (3) of the Act , the amount of a former self-insurer’s liability under sections 68C and 87 (1) of the Act must be calculated under this division.
WorkCover and the former self-insurer must each appoint an actuary (each an appointed actuary ) to calculate the amount of the former self-insurer’s liability under sections 68C and 87 (1) of the Act .
The former self-insurer must give each appointed actuary, in the approved form, the information necessary to enable the appointed actuary to calculate the amount of the former self-insurer’s liability under sections 68C and 87 (1) of the Act within the period mentioned in section 53 (3) .
Each appointed actuary’s calculation of the amount of the former self-insurer’s liability under sections 68C and 87 (1) of the Act must— be prepared under the actuarial standard; and apply a central estimate of the liability; and apply the risk free rate of return; and include claims administration expenses of 7% of the former self-insurer’s liability under sections 68C and 87 (1) of the Act ; and not include a prudential margin; and be based, to the extent practicable, on claims for compensation and damages made against the former self-insurer before the self-insurer was granted a licence to become a self-insurer; and be based on data that is up-to-date on the assessment day.
Each appointed actuary must prepare an actuarial report under the actuarial standard of the appointed actuary’s calculation of the amount of the former self-insurer’s liability under sections 68C and 87 (1) of the Act . The actuarial report must state the following— the amount of the former self-insurer’s liability under sections 68C and 87 (1) of the Act ; the key assumptions made by the appointed actuary for the calculation; how the key assumptions made by the appointed actuary have been derived, including— the average amount of a claim for compensation against the former self-insurer; and the average amount of a claim for damages against the former self-insurer; and the amount anticipated to have been incurred by the former self-insurer in potential claims for compensation or damages for which no claim has yet been made; and the frequency of claims for compensation against the former self-insurer; and the frequency of claims for damages against the former self-insurer; and the net amount of claims for compensation and damages against the former self-insurer after allowing for future inflation ( inflated value ); and the net present value of the inflated value after allowing for income from assets set aside by the former self-insurer to pay the amount mentioned in paragraph (a) ; and the rate of inflation used; the nature of the data used in the calculation; the appointed actuary’s assessment of the data, including, for example, the accuracy of the data; how the appointed actuary interpreted the data; the actuarial model used in the calculation; the results of the calculation; the appointed actuary’s confidence in the results of the calculation. Each appointed actuary must prepare the actuarial report within 35 days after the cancellation day. (sec.53-ssec.1) Each appointed actuary must prepare an actuarial report under the actuarial standard of the appointed actuary’s calculation of the amount of the former self-insurer’s liability under sections 68C and 87 (1) of the Act . (sec.53-ssec.2) The actuarial report must state the following— the amount of the former self-insurer’s liability under sections 68C and 87 (1) of the Act ; the key assumptions made by the appointed actuary for the calculation; how the key assumptions made by the appointed actuary have been derived, including— the average amount of a claim for compensation against the former self-insurer; and the average amount of a claim for damages against the former self-insurer; and the amount anticipated to have been incurred by the former self-insurer in potential claims for compensation or damages for which no claim has yet been made; and the frequency of claims for compensation against the former self-insurer; and the frequency of claims for damages against the former self-insurer; and the net amount of claims for compensation and damages against the former self-insurer after allowing for future inflation ( inflated value ); and the net present value of the inflated value after allowing for income from assets set aside by the former self-insurer to pay the amount mentioned in paragraph (a) ; and the rate of inflation used; the nature of the data used in the calculation; the appointed actuary’s assessment of the data, including, for example, the accuracy of the data; how the appointed actuary interpreted the data; the actuarial model used in the calculation; the results of the calculation; the appointed actuary’s confidence in the results of the calculation. (sec.53-ssec.3) Each appointed actuary must prepare the actuarial report within 35 days after the cancellation day.
The appointed actuaries must also jointly prepare a report (the summary report ) that— includes each appointed actuary’s individual actuarial report; and states how the reports mentioned in paragraph (a) agree or differ and the reasons for any difference. The appointed actuaries must give a copy of the summary report to the Regulator, WorkCover and the former self-insurer within 2 months after the cancellation day. (sec.54-ssec.1) The appointed actuaries must also jointly prepare a report (the summary report ) that— includes each appointed actuary’s individual actuarial report; and states how the reports mentioned in paragraph (a) agree or differ and the reasons for any difference. (sec.54-ssec.2) The appointed actuaries must give a copy of the summary report to the Regulator, WorkCover and the former self-insurer within 2 months after the cancellation day.
WorkCover and the former self-insurer may agree on the amount of the former self-insurer’s liability under sections 68C and 87 (1) of the Act having regard to the summary report.
This section applies if WorkCover and the former self-insurer do not agree on the amount of the former self-insurer’s liability under sections 68C and 87 (1) of the Act . WorkCover and the former self-insurer must, by written notice, tell the Regulator that WorkCover and the former self-insurer do not agree on the amount of the former self-insurer’s liability under sections 68C and 87 (1) of the Act . If the Regulator receives a written notice under subsection (2) , the Regulator must refer the summary report to the arbiter to decide the amount of the former self-insurer’s liability under sections 68C and 87 (1) of the Act . See sections 102 to 104 in relation to the arbiter’s decision. (sec.56-ssec.1) This section applies if WorkCover and the former self-insurer do not agree on the amount of the former self-insurer’s liability under sections 68C and 87 (1) of the Act . (sec.56-ssec.2) WorkCover and the former self-insurer must, by written notice, tell the Regulator that WorkCover and the former self-insurer do not agree on the amount of the former self-insurer’s liability under sections 68C and 87 (1) of the Act . (sec.56-ssec.3) If the Regulator receives a written notice under subsection (2) , the Regulator must refer the summary report to the arbiter to decide the amount of the former self-insurer’s liability under sections 68C and 87 (1) of the Act . See sections 102 to 104 in relation to the arbiter’s decision.
The former self-insurer must pay to WorkCover the amount of the former self-insurer’s liability under sections 68C and 87 (1) of the Act (the final amount )— agreed to by WorkCover and the former self-insurer; or if there is no agreement—decided by the arbiter under section 102 (2) (b) (ii) . However, the final amount paid by the former self-insurer must be adjusted by the former self-insurer’s appointed actuary to take into account— the amount of compensation and damages, if any, paid by the former self-insurer during the final period; and claims for compensation and damages, if any, lodged against the former self-insurer during the final period. In this section— final period , in relation to a former self-insurer, means the period that— starts on the assessment day; and ends on the cancellation day. (sec.57-ssec.1) The former self-insurer must pay to WorkCover the amount of the former self-insurer’s liability under sections 68C and 87 (1) of the Act (the final amount )— agreed to by WorkCover and the former self-insurer; or if there is no agreement—decided by the arbiter under section 102 (2) (b) (ii) . (sec.57-ssec.2) However, the final amount paid by the former self-insurer must be adjusted by the former self-insurer’s appointed actuary to take into account— the amount of compensation and damages, if any, paid by the former self-insurer during the final period; and claims for compensation and damages, if any, lodged against the former self-insurer during the final period. (sec.57-ssec.3) In this section— final period , in relation to a former self-insurer, means the period that— starts on the assessment day; and ends on the cancellation day.
In this division— appointed actuary see section 60 . second appointed actuary see section 66 (1) . self-insurer’s data means data that will enable the calculation of the amount of the self-insurer’s estimated claims liability.
For section 84 (4) (b) of the Act , the amount of a self-insurer’s estimated claims liability must be calculated under this division.
The Regulator must appoint an actuary (the appointed actuary ) to calculate the amount of the self-insurer’s estimated claims liability.
The self-insurer must give the Regulator and the appointed actuary, in the approved form, the information necessary to enable the appointed actuary to calculate the amount of the self-insurer’s estimated claims liability.
The appointed actuary’s calculation of the amount of the self-insurer’s estimated claims liability must— be prepared under the actuarial standard; and apply a central estimate of the liability; and apply the risk free rate of return; and include claims administration expenses of 7% of the self-insurer’s estimated claims liability; and not include a prudential margin; and be based, to the extent practicable, on claims for compensation and damages made against the self-insurer; and be based on data that is up-to-date on— for a calculation in relation to the renewal of the self-insurer’s licence—the last day of the financial quarter immediately before the day the renewed licence starts; or otherwise—the day immediately before the amount is calculated.
The appointed actuary must prepare an actuarial report under the actuarial standard of the appointed actuary’s calculation of the amount of the self-insurer’s estimated claims liability. The actuarial report must state the following— the amount of the self-insurer’s estimated claims liability; the key assumptions made by the appointed actuary for the calculation; how the key assumptions made by the appointed actuary have been derived, including— the average amount of a claim for compensation against the self-insurer; and the average amount of a claim for damages against the self-insurer; and the amount anticipated to have been incurred by the self-insurer in potential claims for compensation and damages for which no claim has yet been made; and the frequency of claims for compensation against the self-insurer; and the frequency of claims for damages against the self-insurer; and the net amount of claims for compensation and damages against the self-insurer after allowing for future inflation ( inflated value ); and the net present value of the inflated value after allowing for income from assets set aside by the self-insurer to pay the amount mentioned in paragraph (a) ; and the rate of inflation used; the nature of the data used in the calculation; the appointed actuary’s assessment of the data, including, for example, the accuracy of the data; how the appointed actuary interpreted the data; the actuarial model used in the calculation; the results of the calculation; the appointed actuary’s confidence in the results of the calculation. (sec.63-ssec.1) The appointed actuary must prepare an actuarial report under the actuarial standard of the appointed actuary’s calculation of the amount of the self-insurer’s estimated claims liability. (sec.63-ssec.2) The actuarial report must state the following— the amount of the self-insurer’s estimated claims liability; the key assumptions made by the appointed actuary for the calculation; how the key assumptions made by the appointed actuary have been derived, including— the average amount of a claim for compensation against the self-insurer; and the average amount of a claim for damages against the self-insurer; and the amount anticipated to have been incurred by the self-insurer in potential claims for compensation and damages for which no claim has yet been made; and the frequency of claims for compensation against the self-insurer; and the frequency of claims for damages against the self-insurer; and the net amount of claims for compensation and damages against the self-insurer after allowing for future inflation ( inflated value ); and the net present value of the inflated value after allowing for income from assets set aside by the self-insurer to pay the amount mentioned in paragraph (a) ; and the rate of inflation used; the nature of the data used in the calculation; the appointed actuary’s assessment of the data, including, for example, the accuracy of the data; how the appointed actuary interpreted the data; the actuarial model used in the calculation; the results of the calculation; the appointed actuary’s confidence in the results of the calculation.
The appointed actuary must give a copy of the actuarial report to the Regulator and the self-insurer before— the day stated by the Regulator; or a later day agreed to by the Regulator and the appointed actuary.
Within 35 days after the appointed actuary gives the Regulator a copy of the actuarial report, the Regulator must give the self-insurer a written notice stating whether the Regulator agrees or does not agree with the appointed actuary’s assessment of the self-insurer’s estimated claims liability.
After receiving a copy of the appointed actuary’s report, the Regulator may ask another actuary appointed by the Regulator (the second appointed actuary ) to— calculate the amount of the self-insurer’s estimated claims liability under section 62 ; and give the Regulator an actuarial report under section 63 (2) . The Regulator must give the second appointed actuary the appointed actuary’s report and the self-insurer’s data. (sec.66-ssec.1) After receiving a copy of the appointed actuary’s report, the Regulator may ask another actuary appointed by the Regulator (the second appointed actuary ) to— calculate the amount of the self-insurer’s estimated claims liability under section 62 ; and give the Regulator an actuarial report under section 63 (2) . (sec.66-ssec.2) The Regulator must give the second appointed actuary the appointed actuary’s report and the self-insurer’s data.
If, at any time, the Regulator and the self-insurer agree on the self-insurer’s estimated claims liability, having regard to the appointed actuary’s actuarial report or the second appointed actuary’s actuarial report, the self-insurer’s estimated claims liability is the amount agreed to by the Regulator and the self-insurer.
This section applies if the Regulator and the self-insurer do not agree under section 67 on the amount of the self-insurer’s estimated claims liability. The Regulator must refer the appointed actuary’s actuarial report, the self-insurer’s data and any second appointed actuary’s actuarial report to the arbiter to decide the amount of the self-insurer’s estimated claims liability. See sections 102 to 104 in relation to the arbiter’s decision. The Regulator must make the referral within 14 days after the day the Regulator gives the self-insurer a written notice under section 65 stating that the Regulator does not agree with the appointed actuary’s assessment of the self-insurer’s estimated claims liability. (sec.68-ssec.1) This section applies if the Regulator and the self-insurer do not agree under section 67 on the amount of the self-insurer’s estimated claims liability. (sec.68-ssec.2) The Regulator must refer the appointed actuary’s actuarial report, the self-insurer’s data and any second appointed actuary’s actuarial report to the arbiter to decide the amount of the self-insurer’s estimated claims liability. See sections 102 to 104 in relation to the arbiter’s decision. (sec.68-ssec.3) The Regulator must make the referral within 14 days after the day the Regulator gives the self-insurer a written notice under section 65 stating that the Regulator does not agree with the appointed actuary’s assessment of the self-insurer’s estimated claims liability.
In this division— cancellation day , in relation to a non-scheme employer, means the day the non-scheme employer’s continued licence is cancelled under section 105E of the Act . Under section 105F (d) of the Act , on cancellation of the continued licence, WorkCover replaces the non-scheme employer, for any proceeding taken by a claimant or worker against the non-scheme employer, as insurer.
For section 105I (2) of the Act , the amount of a non-scheme employer’s liability under section 105B (3) of the Act must be calculated by— estimating the amount under subdivision 2 ; and finalising the amount under subdivision 3 . The amount of the non-scheme employer’s liability under section 105B (3) of the Act is the finalised amount calculated under subdivision 3 . The non-scheme employer’s liability under section 105B (3) of the Act is finalised for section 105I (5) of the Act when— the finalised amount is calculated under subdivision 3 ; or if the finalised amount is different to the final amount paid under section 79 —the amount payable by the non-scheme employer under section 88 (2) or by WorkCover under section 88 (3) is paid. (sec.70-ssec.1) For section 105I (2) of the Act , the amount of a non-scheme employer’s liability under section 105B (3) of the Act must be calculated by— estimating the amount under subdivision 2 ; and finalising the amount under subdivision 3 . (sec.70-ssec.2) The amount of the non-scheme employer’s liability under section 105B (3) of the Act is the finalised amount calculated under subdivision 3 . (sec.70-ssec.3) The non-scheme employer’s liability under section 105B (3) of the Act is finalised for section 105I (5) of the Act when— the finalised amount is calculated under subdivision 3 ; or if the finalised amount is different to the final amount paid under section 79 —the amount payable by the non-scheme employer under section 88 (2) or by WorkCover under section 88 (3) is paid.
In this subdivision— appointed actuary see section 72 . summary report see section 76 (1) .
WorkCover and the non-scheme employer must each appoint an actuary (each an appointed actuary ) to estimate the amount of the non-scheme employer’s liability under section 105B (3) of the Act .
The non-scheme employer must give each appointed actuary, in the approved form, the information necessary to enable the appointed actuary to estimate the amount of the non-scheme employer’s liability under section 105B (3) of the Act within the period mentioned in section 75 (3) .
Each appointed actuary’s calculation of the estimated amount of the non-scheme employer’s liability under section 105B (3) of the Act must— be prepared under the actuarial standard; and apply a central estimate of the liability; and apply the risk free rate of return; and include claims administration expenses of 7% of the non-scheme employer’s liability under section 105B (3) of the Act ; and not include a prudential margin; and be based, to the extent practicable, on claims for compensation and damages made against the non-scheme employer; and be based on data that only relates to the period before the non-scheme employer’s exit date.
Each appointed actuary must prepare an actuarial report under the actuarial standard of the appointed actuary’s calculation of the estimated amount of the non-scheme employer’s liability under section 105B (3) of the Act . The actuarial report must state the following— the estimated amount of the non-scheme employer’s liability under section 105B (3) of the Act ; the key assumptions made by the appointed actuary for the calculation; how the key assumptions made by the appointed actuary have been derived, including— the average amount of a claim for compensation against the non-scheme employer; and the average amount of a claim for damages against the non-scheme employer; and the amount anticipated to have been incurred by the non-scheme employer in potential claims for compensation or damages for which no claim has yet been made; and the frequency of claims for compensation against the non-scheme employer; and the frequency of claims for damages against the non-scheme employer; and the net amount of claims for compensation and damages against the non-scheme employer after allowing for future inflation ( inflated value ); and the net present value of the inflated value after allowing for income from assets set aside by the non-scheme employer to pay the amount mentioned in paragraph (a) ; and the rate of inflation used; the nature of the data used in the calculation; the appointed actuary’s assessment of the data, including, for example, the accuracy of the data; how the appointed actuary interpreted the data; the actuarial model used in the calculation; the results of the calculation; the appointed actuary’s confidence in the results of the calculation. Each appointed actuary must prepare the actuarial report within 35 days after the cancellation day. (sec.75-ssec.1) Each appointed actuary must prepare an actuarial report under the actuarial standard of the appointed actuary’s calculation of the estimated amount of the non-scheme employer’s liability under section 105B (3) of the Act . (sec.75-ssec.2) The actuarial report must state the following— the estimated amount of the non-scheme employer’s liability under section 105B (3) of the Act ; the key assumptions made by the appointed actuary for the calculation; how the key assumptions made by the appointed actuary have been derived, including— the average amount of a claim for compensation against the non-scheme employer; and the average amount of a claim for damages against the non-scheme employer; and the amount anticipated to have been incurred by the non-scheme employer in potential claims for compensation or damages for which no claim has yet been made; and the frequency of claims for compensation against the non-scheme employer; and the frequency of claims for damages against the non-scheme employer; and the net amount of claims for compensation and damages against the non-scheme employer after allowing for future inflation ( inflated value ); and the net present value of the inflated value after allowing for income from assets set aside by the non-scheme employer to pay the amount mentioned in paragraph (a) ; and the rate of inflation used; the nature of the data used in the calculation; the appointed actuary’s assessment of the data, including, for example, the accuracy of the data; how the appointed actuary interpreted the data; the actuarial model used in the calculation; the results of the calculation; the appointed actuary’s confidence in the results of the calculation. (sec.75-ssec.3) Each appointed actuary must prepare the actuarial report within 35 days after the cancellation day.
The appointed actuaries must also jointly prepare a report (the summary report ) that— includes each appointed actuary’s individual actuarial report; and states how the reports mentioned in paragraph (a) agree or differ and the reasons for any difference. The appointed actuaries must give a copy of the summary report to the Regulator, WorkCover and the non-scheme employer within 2 months after the cancellation day. (sec.76-ssec.1) The appointed actuaries must also jointly prepare a report (the summary report ) that— includes each appointed actuary’s individual actuarial report; and states how the reports mentioned in paragraph (a) agree or differ and the reasons for any difference. (sec.76-ssec.2) The appointed actuaries must give a copy of the summary report to the Regulator, WorkCover and the non-scheme employer within 2 months after the cancellation day.
WorkCover and the non-scheme employer may agree on the estimated amount of the non-scheme employer’s liability under section 105B (3) of the Act having regard to the summary report.
This section applies if WorkCover and the non-scheme employer do not agree on the estimated amount of the non-scheme employer’s liability under section 105B (3) of the Act . WorkCover and the non-scheme employer must, by written notice, tell the Regulator that WorkCover and the non-scheme employer do not agree on the estimated amount of the non-scheme employer’s liability under section 105B (3) of the Act . If the Regulator receives a written notice under subsection (2) , the Regulator must refer the summary report to the arbiter to decide the estimated amount of the non-scheme employer’s liability under section 105B (3) of the Act . See sections 102 to 104 in relation to the arbiter’s decision. (sec.78-ssec.1) This section applies if WorkCover and the non-scheme employer do not agree on the estimated amount of the non-scheme employer’s liability under section 105B (3) of the Act . (sec.78-ssec.2) WorkCover and the non-scheme employer must, by written notice, tell the Regulator that WorkCover and the non-scheme employer do not agree on the estimated amount of the non-scheme employer’s liability under section 105B (3) of the Act . (sec.78-ssec.3) If the Regulator receives a written notice under subsection (2) , the Regulator must refer the summary report to the arbiter to decide the estimated amount of the non-scheme employer’s liability under section 105B (3) of the Act . See sections 102 to 104 in relation to the arbiter’s decision.
The non-scheme employer must pay to WorkCover the estimated amount of the non-scheme employer’s liability under section 105B (3) of the Act (the final amount )— agreed to by WorkCover and the non-scheme employer; or if there is no agreement—decided by the arbiter under section 102 (2) (b) (ii) . However, the final amount paid by the non-scheme employer must be adjusted by the non-scheme employer’s appointed actuary to take into account— the amount of compensation and damages, if any, paid by the non-scheme employer during the final period; and claims for compensation and damages, if any, lodged against the non-scheme employer during the final period. See section 105I (3) (b) of the Act for when the final amount must be paid. In this section— assessment day means the last day of the financial quarter immediately before the cancellation day. final period , in relation to a non-scheme employer, means the period that— starts on the assessment day; and ends on the cancellation day. (sec.79-ssec.1) The non-scheme employer must pay to WorkCover the estimated amount of the non-scheme employer’s liability under section 105B (3) of the Act (the final amount )— agreed to by WorkCover and the non-scheme employer; or if there is no agreement—decided by the arbiter under section 102 (2) (b) (ii) . (sec.79-ssec.2) However, the final amount paid by the non-scheme employer must be adjusted by the non-scheme employer’s appointed actuary to take into account— the amount of compensation and damages, if any, paid by the non-scheme employer during the final period; and claims for compensation and damages, if any, lodged against the non-scheme employer during the final period. See section 105I (3) (b) of the Act for when the final amount must be paid. (sec.79-ssec.3) In this section— assessment day means the last day of the financial quarter immediately before the cancellation day. final period , in relation to a non-scheme employer, means the period that— starts on the assessment day; and ends on the cancellation day.
In this subdivision— appointed actuary see section 81 (1) . summary report see section 85 (1) .
WorkCover and the non-scheme employer must each appoint an actuary (each an appointed actuary ) to finalise the amount of the non-scheme employer’s liability under section 105B (3) of the Act . The appointment must be made within 20 business days after the day that is 4 years after the cancellation day. (sec.81-ssec.1) WorkCover and the non-scheme employer must each appoint an actuary (each an appointed actuary ) to finalise the amount of the non-scheme employer’s liability under section 105B (3) of the Act . (sec.81-ssec.2) The appointment must be made within 20 business days after the day that is 4 years after the cancellation day.
WorkCover must give each appointed actuary the information necessary to enable the appointed actuary to finalise the amount of the non-scheme employer’s liability under section 105B (3) of the Act within the period mentioned in section 84 (3) .
Each appointed actuary’s calculation of the finalised amount of the non-scheme employer’s liability under section 105B (3) of the Act must— be prepared under the actuarial standard; and apply a central estimate of the liability; and apply the same risk free rate of return that was used in estimating under subdivision 2 the non-scheme employer’s liability under section 105B (3) of the Act ; and include claims administration expenses of 7% of the non-scheme employer’s liability under section 105B (3) of the Act ; and not include a prudential margin; and be based, to the extent practicable, on claims for compensation and damages made against the non-scheme employer; and have regard to payments for compensation and damages made in relation to the non-scheme employer’s liability under section 105B (3) of the Act during the period (the 4 year period ) that— starts on the cancellation day; and ends 4 years after the cancellation day; and be based on data that— is up-to-date on the last day of the last financial quarter of the 4 year period for which data is available; and only relates to the period before the non-scheme employer’s exit date.
Each appointed actuary must prepare an actuarial report under the actuarial standard of the appointed actuary’s calculation of the finalised amount of the non-scheme employer’s liability under section 105B (3) of the Act . The actuarial report must state the following— the finalised amount of the non-scheme employer’s liability under section 105B (3) of the Act ; the key assumptions made by the appointed actuary for the calculation; how the key assumptions made by the appointed actuary have been derived, including— the average amount of a claim for compensation against the non-scheme employer; and the average amount of a claim for damages against the non-scheme employer; and the amount anticipated to have been incurred by the non-scheme employer in potential claims for compensation or damages for which no claim has yet been made; and the frequency of claims for compensation against the non-scheme employer; and the frequency of claims for damages against the non-scheme employer; and the net amount of claims for compensation and damages against the non-scheme employer after allowing for future inflation ( inflated value ); and the net present value of the inflated value after allowing for income from assets set aside by the non-scheme employer to pay the amount mentioned in paragraph (a) ; and the rate of inflation used; the nature of the data used in the calculation; the appointed actuary’s assessment of the data, including, for example, the accuracy of the data; how the appointed actuary interpreted the data; the actuarial model used in the calculation; the results of the calculation; the appointed actuary’s confidence in the results of the calculation. Each appointed actuary must prepare the actuarial report within 35 days after the day that is 4 years after the cancellation day. (sec.84-ssec.1) Each appointed actuary must prepare an actuarial report under the actuarial standard of the appointed actuary’s calculation of the finalised amount of the non-scheme employer’s liability under section 105B (3) of the Act . (sec.84-ssec.2) The actuarial report must state the following— the finalised amount of the non-scheme employer’s liability under section 105B (3) of the Act ; the key assumptions made by the appointed actuary for the calculation; how the key assumptions made by the appointed actuary have been derived, including— the average amount of a claim for compensation against the non-scheme employer; and the average amount of a claim for damages against the non-scheme employer; and the amount anticipated to have been incurred by the non-scheme employer in potential claims for compensation or damages for which no claim has yet been made; and the frequency of claims for compensation against the non-scheme employer; and the frequency of claims for damages against the non-scheme employer; and the net amount of claims for compensation and damages against the non-scheme employer after allowing for future inflation ( inflated value ); and the net present value of the inflated value after allowing for income from assets set aside by the non-scheme employer to pay the amount mentioned in paragraph (a) ; and the rate of inflation used; the nature of the data used in the calculation; the appointed actuary’s assessment of the data, including, for example, the accuracy of the data; how the appointed actuary interpreted the data; the actuarial model used in the calculation; the results of the calculation; the appointed actuary’s confidence in the results of the calculation. (sec.84-ssec.3) Each appointed actuary must prepare the actuarial report within 35 days after the day that is 4 years after the cancellation day.
The appointed actuaries must also jointly prepare a report (the summary report ) that— includes each appointed actuary’s individual actuarial report; and states how the reports mentioned in paragraph (a) agree or differ and the reasons for any difference. The appointed actuaries must give a copy of the summary report to the Regulator, WorkCover and the non-scheme employer within 2 months after the day that is 4 years after the cancellation day. (sec.85-ssec.1) The appointed actuaries must also jointly prepare a report (the summary report ) that— includes each appointed actuary’s individual actuarial report; and states how the reports mentioned in paragraph (a) agree or differ and the reasons for any difference. (sec.85-ssec.2) The appointed actuaries must give a copy of the summary report to the Regulator, WorkCover and the non-scheme employer within 2 months after the day that is 4 years after the cancellation day.
WorkCover and the non-scheme employer may agree on the finalised amount of the non-scheme employer’s liability under section 105B (3) of the Act having regard to the summary report.
This section applies if WorkCover and the non-scheme employer do not agree on the finalised amount of the non-scheme employer’s liability under section 105B (3) of the Act . WorkCover and the non-scheme employer must, by written notice, tell the Regulator that WorkCover and the non-scheme employer do not agree on the finalised amount of the non-scheme employer’s liability under section 105B (3) of the Act . If the Regulator receives a written notice under subsection (2) , the Regulator must refer the summary report to the arbiter to decide the finalised amount of the non-scheme employer’s liability under section 105B (3) of the Act . See sections 102 to 104 in relation to the arbiter’s decision. (sec.87-ssec.1) This section applies if WorkCover and the non-scheme employer do not agree on the finalised amount of the non-scheme employer’s liability under section 105B (3) of the Act . (sec.87-ssec.2) WorkCover and the non-scheme employer must, by written notice, tell the Regulator that WorkCover and the non-scheme employer do not agree on the finalised amount of the non-scheme employer’s liability under section 105B (3) of the Act . (sec.87-ssec.3) If the Regulator receives a written notice under subsection (2) , the Regulator must refer the summary report to the arbiter to decide the finalised amount of the non-scheme employer’s liability under section 105B (3) of the Act . See sections 102 to 104 in relation to the arbiter’s decision.
This section applies if the finalised amount of the non-scheme employer’s liability under section 105B (3) of the Act is— agreed to by WorkCover and the non-scheme employer under section 86 ; or if there is no agreement—decided by the arbiter under section 102 (2) (b) (ii) . If the finalised amount is more than the final amount paid under section 79 (the interim payment ), the non-scheme employer must, within 20 business days after the agreement or decision mentioned in subsection (1) , pay WorkCover— the difference between the finalised amount and the interim payment; and interest on the difference, from the day the whole of the interim payment was paid, at the same risk free rate of return mentioned in section 83 (c) . If the finalised amount is less than the final amount paid under section 79 (the interim payment ), WorkCover must, within 20 business days after the agreement or decision mentioned in subsection (1) , pay the non-scheme employer— the difference between the interim payment and the finalised amount; and interest on the difference, from the day the whole of the interim payment was paid, at the same risk free rate of return mentioned in section 83 (c) . (sec.88-ssec.1) This section applies if the finalised amount of the non-scheme employer’s liability under section 105B (3) of the Act is— agreed to by WorkCover and the non-scheme employer under section 86 ; or if there is no agreement—decided by the arbiter under section 102 (2) (b) (ii) . (sec.88-ssec.2) If the finalised amount is more than the final amount paid under section 79 (the interim payment ), the non-scheme employer must, within 20 business days after the agreement or decision mentioned in subsection (1) , pay WorkCover— the difference between the finalised amount and the interim payment; and interest on the difference, from the day the whole of the interim payment was paid, at the same risk free rate of return mentioned in section 83 (c) . (sec.88-ssec.3) If the finalised amount is less than the final amount paid under section 79 (the interim payment ), WorkCover must, within 20 business days after the agreement or decision mentioned in subsection (1) , pay the non-scheme employer— the difference between the interim payment and the finalised amount; and interest on the difference, from the day the whole of the interim payment was paid, at the same risk free rate of return mentioned in section 83 (c) .
In this division— appointed actuary see section 91 (1) . assessment day , in relation to a non-scheme member, means the last day of the financial quarter immediately before the final day. final day , in relation to a non-scheme member, means the day the non-scheme member stopped being a member of the old self-insurer under section 105M of the Act . old self-insurer , in relation to a non-scheme member, means the self-insurer of which the non-scheme member was a member immediately before becoming a non-scheme employer. summary report see section 95 (1) .
For section 105O (3) (a) of the Act , the amount of a non-scheme member’s total liability must be calculated under this division.
WorkCover and the old self-insurer must each appoint an actuary (each an appointed actuary ) to calculate the amount of the non-scheme member’s total liability. The actuary appointed by the old self-insurer must be approved by the non-scheme member. (sec.91-ssec.1) WorkCover and the old self-insurer must each appoint an actuary (each an appointed actuary ) to calculate the amount of the non-scheme member’s total liability. (sec.91-ssec.2) The actuary appointed by the old self-insurer must be approved by the non-scheme member.
WorkCover and the old self-insurer must give each appointed actuary, in the approved form, the information necessary to enable the appointed actuary to calculate the amount of the non-scheme member’s total liability within the period mentioned in section 94 (3) .
Each appointed actuary’s calculation of the amount of the non-scheme member’s total liability must— be prepared under the actuarial standard; and apply a central estimate of the relevant liability; and apply the risk free rate of return; and include claims administration expenses of 7% of the non-scheme member’s total liability; and not include a prudential margin; and be based, to the extent practicable, on claims for compensation and damages made against the non-scheme member; and be based on data that is up-to-date on the assessment day.
Each appointed actuary must prepare an actuarial report under the actuarial standard of the appointed actuary’s calculation of the amount of the non-scheme member’s total liability. The actuarial report must state the following— the amount of the non-scheme member’s total liability; the key assumptions made by the appointed actuary for the calculation; how the key assumptions made by the appointed actuary have been derived, including— the average amount of a claim for compensation against the non-scheme member; and the average amount of a claim for damages against the non-scheme member; and the amount anticipated to have been incurred by the non-scheme member in potential claims for compensation or damages for which no claim has yet been made; and the frequency of claims for compensation against the non-scheme member; and the frequency of claims for damages against the non-scheme member; and the net amount of claims for compensation and damages against the non-scheme member after allowing for future inflation ( inflated value ); and the net present value of the inflated value after allowing for income from assets set aside by the non-scheme member to pay the amount mentioned in paragraph (a) ; and the rate of inflation used; the nature of the data used in the calculation; the appointed actuary’s assessment of the data, including, for example, the accuracy of the data; how the appointed actuary interpreted the data; the actuarial model used in the calculation; the results of the calculation; the appointed actuary’s confidence in the results of the calculation. Each appointed actuary must prepare the actuarial report within 35 days after the final day. (sec.94-ssec.1) Each appointed actuary must prepare an actuarial report under the actuarial standard of the appointed actuary’s calculation of the amount of the non-scheme member’s total liability. (sec.94-ssec.2) The actuarial report must state the following— the amount of the non-scheme member’s total liability; the key assumptions made by the appointed actuary for the calculation; how the key assumptions made by the appointed actuary have been derived, including— the average amount of a claim for compensation against the non-scheme member; and the average amount of a claim for damages against the non-scheme member; and the amount anticipated to have been incurred by the non-scheme member in potential claims for compensation or damages for which no claim has yet been made; and the frequency of claims for compensation against the non-scheme member; and the frequency of claims for damages against the non-scheme member; and the net amount of claims for compensation and damages against the non-scheme member after allowing for future inflation ( inflated value ); and the net present value of the inflated value after allowing for income from assets set aside by the non-scheme member to pay the amount mentioned in paragraph (a) ; and the rate of inflation used; the nature of the data used in the calculation; the appointed actuary’s assessment of the data, including, for example, the accuracy of the data; how the appointed actuary interpreted the data; the actuarial model used in the calculation; the results of the calculation; the appointed actuary’s confidence in the results of the calculation. (sec.94-ssec.3) Each appointed actuary must prepare the actuarial report within 35 days after the final day.
The appointed actuaries must also jointly prepare a report (the summary report ) that— includes each appointed actuary’s individual actuarial report; and states how the reports mentioned in paragraph (a) agree or differ and the reasons for any difference. The appointed actuaries must give a copy of the summary report to the Regulator, WorkCover and the old self-insurer within 2 months after the final day. (sec.95-ssec.1) The appointed actuaries must also jointly prepare a report (the summary report ) that— includes each appointed actuary’s individual actuarial report; and states how the reports mentioned in paragraph (a) agree or differ and the reasons for any difference. (sec.95-ssec.2) The appointed actuaries must give a copy of the summary report to the Regulator, WorkCover and the old self-insurer within 2 months after the final day.
WorkCover and the old self-insurer may agree on the amount of the non-scheme member’s total liability having regard to the summary report.
This section applies if WorkCover and the old self-insurer do not agree on the amount of the non-scheme member’s total liability. WorkCover and the old self-insurer must, by written notice, tell the Regulator that WorkCover and the old self-insurer do not agree on the amount of the non-scheme member’s total liability. If the Regulator receives a written notice under subsection (2) , the Regulator must refer the summary report to the arbiter to decide the amount of the non-scheme member’s total liability. See sections 102 to 104 in relation to the arbiter’s decision. (sec.97-ssec.1) This section applies if WorkCover and the old self-insurer do not agree on the amount of the non-scheme member’s total liability. (sec.97-ssec.2) WorkCover and the old self-insurer must, by written notice, tell the Regulator that WorkCover and the old self-insurer do not agree on the amount of the non-scheme member’s total liability. (sec.97-ssec.3) If the Regulator receives a written notice under subsection (2) , the Regulator must refer the summary report to the arbiter to decide the amount of the non-scheme member’s total liability. See sections 102 to 104 in relation to the arbiter’s decision.
The old self-insurer must pay to WorkCover the amount of the non-scheme member’s total liability (the final amount )— agreed to by the old self-insurer and WorkCover; or if there is no agreement—decided by the arbiter under section 102 (2) (b) (ii) . The old self-insurer must pay the final amount— within 3 months after the final day; or on or before a later day agreed to by the old self-insurer and WorkCover. However, the final amount paid by the old self-insurer must be adjusted by the old self-insurer’s appointed actuary to take into account— the amount of compensation and damages, if any, paid by the non-scheme member during the final period; and claims for compensation and damages, if any, lodged against the non-scheme member during the final period. The old self-insurer must, by written notice, tell the Regulator the following information not later than the day the final amount is paid to WorkCover— the final amount paid, as adjusted under subsection (3) ; the name and contact details of the old self-insurer and the non-scheme member. In this section— final period , in relation to a non-scheme member, means the period that— starts on the assessment day; and ends on the final day. (sec.98-ssec.1) The old self-insurer must pay to WorkCover the amount of the non-scheme member’s total liability (the final amount )— agreed to by the old self-insurer and WorkCover; or if there is no agreement—decided by the arbiter under section 102 (2) (b) (ii) . (sec.98-ssec.2) The old self-insurer must pay the final amount— within 3 months after the final day; or on or before a later day agreed to by the old self-insurer and WorkCover. (sec.98-ssec.3) However, the final amount paid by the old self-insurer must be adjusted by the old self-insurer’s appointed actuary to take into account— the amount of compensation and damages, if any, paid by the non-scheme member during the final period; and claims for compensation and damages, if any, lodged against the non-scheme member during the final period. (sec.98-ssec.4) The old self-insurer must, by written notice, tell the Regulator the following information not later than the day the final amount is paid to WorkCover— the final amount paid, as adjusted under subsection (3) ; the name and contact details of the old self-insurer and the non-scheme member. (sec.98-ssec.5) In this section— final period , in relation to a non-scheme member, means the period that— starts on the assessment day; and ends on the final day.
The old self-insurer must, not later than the day the final amount is paid to WorkCover under section 98 , give WorkCover all the information in the old self-insurer’s possession about the claims for compensation and damages that relate to the non-scheme member’s total liability.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This regulation may be cited as the Workers’ Compensation and Rehabilitation Regulation 2025 .
This regulation commences on 1 September 2025.
Schedule 18 defines particular words used in this regulation.
For section 453 (b) of the Act , WorkCover maintains capital adequacy if WorkCover’s total assets are at least equal to its total liabilities.
An application for a WorkCover policy must be made to WorkCover in the approved form.
On payment of the premium shown as payable in a premium notice issued by WorkCover to an employer, WorkCover must issue to the employer a policy, in the approved form, for the period of insurance stated in the notice. A policy has no effect until— WorkCover receives the premium payable to WorkCover for the policy or the policy’s renewal; or WorkCover approves an instalment plan under section 10 . (sec.6-ssec.1) On payment of the premium shown as payable in a premium notice issued by WorkCover to an employer, WorkCover must issue to the employer a policy, in the approved form, for the period of insurance stated in the notice. (sec.6-ssec.2) A policy has no effect until— WorkCover receives the premium payable to WorkCover for the policy or the policy’s renewal; or WorkCover approves an instalment plan under section 10 .
WorkCover must assess the premium payable under a policy for each period of insurance shown in a premium notice. This section does not apply to a policy for household workers. (sec.7-ssec.1) WorkCover must assess the premium payable under a policy for each period of insurance shown in a premium notice. (sec.7-ssec.2) This section does not apply to a policy for household workers.
Who it affects
Why it matters (practical effects and the trade‑offs)
Predictability and technical standardisation: the regulation standardises actuarial methods (central estimate, risk free rate, 7% admin loading, no prudential margin) and medical assessment formats (PIRS, occupational therapist reports). That reduces disagreement about method but transfers weight to appointed actuaries and medical experts (secs 30, 62, sch.15).
Cashflow and cost impacts for employers and self‑insurers: levies, premium formulas and late‑payment penalties (5%, 10% then interest) create clear financial incentives to comply on time (secs 11, 22). Interest rates and some rates are set by WorkCover’s board or the Regulator and published by gazette notice (secs 10, 22, 18).
Compliance burden and implementation risk: frequent, prescriptive reporting deadlines (many actuarial reports due within 35 days; summary reports within 2 months), strict data currency requirements and forms increase administrative costs for self‑insurers, employers and medical/actuarial service providers (secs 31, 32, 42, 54, 75, 84). Data quality and timeliness are critical to actuarial results (secs 30, 62).
Centralised, final dispute resolution: the actuarial arbiter has a tight selection process (panel of six nominators) and decisions are final except for jurisdictional error; the arbiter’s costs are allocated equally between the contesting parties (secs 100–104). Finality reduces protracted litigation but concentrates the power to resolve high‑value actuarial disputes in a single decision‑maker. The selection mechanism gives nominating roles to the Regulator, WorkCover and the Association of Self Insured Employers (sec 100).
Effects on legal remedies and court processes: the schedules give courts practical tools (injury scale ranges, PIRS, conversion tables). Medical evidence must explain how impairment was calculated (sch.13‑sec.11, sch.15‑sec.12). That increases technicality of court evidence and favours properly formatted expert reports.
Who pays and who decides (summary)
Each employer, other than a self-insurer, must, on or before 31 August in each year, give WorkCover a declaration of wages so WorkCover can assess the employer’s premium. The declaration must be in— the approved form; or with WorkCover’s approval—another form acceptable to WorkCover. If the employer gives WorkCover a declaration of wages after 31 August in a year, the employer must pay the additional premium stated in schedule 1 opposite the day when the employer gives WorkCover the declaration. This section does not apply if the employer employs only household workers. (sec.8-ssec.1) Each employer, other than a self-insurer, must, on or before 31 August in each year, give WorkCover a declaration of wages so WorkCover can assess the employer’s premium. (sec.8-ssec.2) The declaration must be in— the approved form; or with WorkCover’s approval—another form acceptable to WorkCover. (sec.8-ssec.3) If the employer gives WorkCover a declaration of wages after 31 August in a year, the employer must pay the additional premium stated in schedule 1 opposite the day when the employer gives WorkCover the declaration. (sec.8-ssec.4) This section does not apply if the employer employs only household workers.
This section applies if a worker’s entitlements during a period of insurance include board provided by the employer. The board is taken to be wages paid, or provided, by the employer to the worker. For each week of board provided by the employer, the amount of wages under subsection (2) is the higher of the following— the value of the board; either— if an industrial instrument that provides for a weekly allowance for board applies to the employment of the worker—the amount of the weekly allowance stated in the industrial instrument; or if subparagraph (i) does not apply—6% of QOTE. In this section— board means accommodation, meals, laundry services or any other entitlement having a monetary value provided when lodging. (sec.9-ssec.1) This section applies if a worker’s entitlements during a period of insurance include board provided by the employer. (sec.9-ssec.2) The board is taken to be wages paid, or provided, by the employer to the worker. (sec.9-ssec.3) For each week of board provided by the employer, the amount of wages under subsection (2) is the higher of the following— the value of the board; either— if an industrial instrument that provides for a weekly allowance for board applies to the employment of the worker—the amount of the weekly allowance stated in the industrial instrument; or if subparagraph (i) does not apply—6% of QOTE. (sec.9-ssec.4) In this section— board means accommodation, meals, laundry services or any other entitlement having a monetary value provided when lodging.
WorkCover may accept payment of a premium by instalments under an instalment plan approved by WorkCover if WorkCover is satisfied that payment of the premium by the due date would impose financial hardship on the employer. The instalment plan is subject to the following conditions— interest at an annual rate specified by WorkCover’s board by gazette notice must be added to the amount of each instalment; interest must be calculated from the due date; the interest rate that applies at the start of the instalment plan remains constant until the plan ends; on approval of the instalment plan, the employer must, if required by WorkCover, enter into a payment arrangement acceptable to WorkCover; if an instalment of premium is not paid on or before the due date for payment of the instalment— the total amount of unpaid instalments and interest on unpaid instalments to that day immediately becomes payable to WorkCover; and an additional premium under section 11 applies to the unpaid instalments and interest mentioned in subparagraph (i) ; and the policy for which the premium is payable stops having effect. See also section 48 of the Act for breach of the employer’s obligation to insure. (sec.10-ssec.1) WorkCover may accept payment of a premium by instalments under an instalment plan approved by WorkCover if WorkCover is satisfied that payment of the premium by the due date would impose financial hardship on the employer. (sec.10-ssec.2) The instalment plan is subject to the following conditions— interest at an annual rate specified by WorkCover’s board by gazette notice must be added to the amount of each instalment; interest must be calculated from the due date; the interest rate that applies at the start of the instalment plan remains constant until the plan ends; on approval of the instalment plan, the employer must, if required by WorkCover, enter into a payment arrangement acceptable to WorkCover; if an instalment of premium is not paid on or before the due date for payment of the instalment— the total amount of unpaid instalments and interest on unpaid instalments to that day immediately becomes payable to WorkCover; and an additional premium under section 11 applies to the unpaid instalments and interest mentioned in subparagraph (i) ; and the policy for which the premium is payable stops having effect. See also section 48 of the Act for breach of the employer’s obligation to insure.
This section applies if an employer does not pay WorkCover, on or before the due date— the amount stated in a premium notice; or the amount by which a final assessment of an amount of premium by an industrial magistrate or the industrial court is more than the amount of premium paid under section 551 (4) of the Act . For sections 61 and 62 of the Act , the additional premium payable is— if the amount mentioned in subsection (1) is paid to WorkCover within 30 days after the due date—5% of the amount; or if the amount mentioned in subsection (1) is paid to WorkCover after 30 days but within 60 days after the due date—10% of the amount; or if the amount mentioned in subsection (1) is paid to WorkCover after 60 days after the due date or if the amount is not paid—10% of the amount plus interest at the annual rate mentioned in section 10 (2) (a) for the period that— starts on the due date, or a later date decided by WorkCover; and ends on the day the amount mentioned in subsection (1) and the additional premium under paragraph (a) or (b) is paid to WorkCover. This section does not apply if— the employer employs only household workers; or WorkCover has approved an instalment plan under section 10 and the employer complies with the plan. In this section— due date means— for an amount mentioned in subsection (1) (a) —the due date stated in the premium notice; or for an amount mentioned in subsection (1) (b) —the last day of the period mentioned in section 62 (1) (b) of the Act . (sec.11-ssec.1) This section applies if an employer does not pay WorkCover, on or before the due date— the amount stated in a premium notice; or the amount by which a final assessment of an amount of premium by an industrial magistrate or the industrial court is more than the amount of premium paid under section 551 (4) of the Act . (sec.11-ssec.2) For sections 61 and 62 of the Act , the additional premium payable is— if the amount mentioned in subsection (1) is paid to WorkCover within 30 days after the due date—5% of the amount; or if the amount mentioned in subsection (1) is paid to WorkCover after 30 days but within 60 days after the due date—10% of the amount; or if the amount mentioned in subsection (1) is paid to WorkCover after 60 days after the due date or if the amount is not paid—10% of the amount plus interest at the annual rate mentioned in section 10 (2) (a) for the period that— starts on the due date, or a later date decided by WorkCover; and ends on the day the amount mentioned in subsection (1) and the additional premium under paragraph (a) or (b) is paid to WorkCover. (sec.11-ssec.3) This section does not apply if— the employer employs only household workers; or WorkCover has approved an instalment plan under section 10 and the employer complies with the plan. (sec.11-ssec.4) In this section— due date means— for an amount mentioned in subsection (1) (a) —the due date stated in the premium notice; or for an amount mentioned in subsection (1) (b) —the last day of the period mentioned in section 62 (1) (b) of the Act .
For section 569 (2) (a) of the Act , the employer’s premium, for a financial year, is the amount calculated using the formula— where— rate means the rate for the employer’s industry or business
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