(1) There shall be established a Workers’ Compensation (Dust Diseases) Fund which shall consist of—
(a) all balances, investments and moneys of which the Silicosis Fund consisted immediately before the commencement of Part 2 of the Workers’ Compensation (Dust Diseases) Amendment Act 1967 and all moneys that, immediately before that commencement, were owing to the Silicosis Fund and are paid after that commencement, and
(a1) all balances, investments and moneys of which the fund established under the scheme of the Workmen’s Compensation (Broken Hill) Act 1920 consisted immediately before the repeal of that Act, and all moneys that, immediately before that repeal, were owing to that fund and are paid after that repeal,
(b) all money paid to the Authority as contributions by insurers under and in accordance with this section, and
(c) any moneys provided by Parliament for the purposes of the Fund, and
(d) any fees paid under section 5A, and
(e) all amounts that immediately before the commencement of this paragraph stood to the credit of the Dust Diseases Reserve Fund, and
(f) all amounts contributed by insurers under subsection (6) or (7D), and
(g) the investment earnings accruing from the investment of the Fund.
(2) The Authority is responsible for administering the Fund and is required to pay out of the Fund—
(a) all compensation payable under this Act,
(b) the costs incurred by or on behalf of a NSW Government agency in providing services (including staff and facilities) for or in connection with the compensation scheme established under this Act,
(c) the costs (as approved by the Minister administering Part 3 of the State Insurance and Care Governance Act 2015) incurred by the State Insurance Regulatory Authority in exercising functions in connection with that scheme,
(d) the fees payable to the Medical Assessment Panel,
(d1) the costs involved in reimbursing workers under section 9A,
(d2) to the Minister administering the District Court Act 1973, such of the costs of operation of the District Court relating to appeals under section 8I, being costs incurred after 30 June 2005, as the Minister administering the District Court Act 1973 and the Minister administering this Act agree are to be paid from the Fund,
(e) the costs of administering this Act and any other money that the Authority is required to pay under this Act, and
(f) the costs involved in the operation of the Dust Diseases Tribunal of New South Wales (including the remuneration payable to the registrar and other staff of that Tribunal).
(2AA) The Authority may invest money in the Fund that is not immediately required for the Fund—
(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the Authority is permitted to invest money under that Part, or
(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way approved by the Minister with the concurrence of the Treasurer.
(2A) The Dust Diseases Board is authorised to make from the fund—
(a) grants for the purpose of clinical or research work relating to the prevention and treatment of dust diseases or for any other purpose relating to the prevention and treatment of dust diseases, and
(b) grants for the purpose of providing assistance to groups or organisations that provide support for victims of dust diseases or their families.
(2B) Where, in the opinion of the Authority, employment in a particular industry or location exposes workers in that industry or location to a substantial risk of contracting a dust disease, the Authority may expend money from the Fund in arranging for, and causing to be carried out, medical examinations of such of those workers as it thinks fit.
(3) The Authority shall, from time to time, make a determination as to the class or classes of employment (in this section hereinafter referred to as determined class or classes of employment) in any industry or process, which employment is of such a nature as to expose the worker to the risk of contracting a dust disease and shall from time to time notify ICNSW and SIRA of its determination.
(4) The Authority shall as required by ICNSW or SIRA in each year make an estimate of the amount to be expended out of the Fund for the next following year commencing on 1st July.
(5) Any such estimate shall—
(a) include particulars of any moneys provided by Parliament for the purposes of the Fund in respect of the relevant period,
(b) be set out in writing in a certificate signed by the chief executive,
(c) be forwarded as soon as practicable after the making thereof to ICNSW and SIRA, and
(d) be accompanied by a statement certified by the chief executive setting forth the liability estimated by the Authority to be outstanding under awards made by it to or in respect of workers employed in any industry or process employment in which is of such a nature as to expose workers to the risk of contracting a dust disease and the basis upon which such liability is estimated.
(6) The amount of such estimate (less the moneys referred to in subsection (5) (a)) shall be paid to the Authority by way of contributions by insurers in accordance with the provisions of this section. The contributions to be so paid by any insurer shall be of such amount and shall be made at such times as SIRA determines.
(7) SIRA shall, in respect of any such estimate, determine—
(a) the insurers or classes of insurers by whom the contributions under this section are to be paid,
(b) the amount of the contributions to be so paid by such insurers or classes of insurers,
(c) the times at which such contributions shall be so paid.
SIRA may determine different amounts of contributions in respect of different insurers or classes of insurers.
SIRA shall make a determination under and in accordance with this section—
(ii) in respect of the estimate made for any succeeding year as soon as practicable after the estimate made for such year has been forwarded to SIRA.
(7A)
(a) Any determination under subsection (7) (a) may be made so as to apply to insurers or classes of insurers insuring or indemnifying employers against liability under the Principal Act or the 1998 Act in respect of any class or classes of employment other than a determined class or classes of employment as well as to insurers or classes of insurers insuring or indemnifying employers against liability under the Principal Act or the 1998 Act in respect of any determined class or classes of employment.
(b) Without prejudice to the generality of any power conferred on SIRA by this section SIRA may determine that the amount of any contribution payable by an insurer in respect of any determined class or classes of employment shall be at the rate which prior to 1st July 1945 had been levied by the Silicosis Committee for the purposes of the Silicosis Fund upon the wages paid to workers in such determined class or classes of employment or at such other rate as SIRA deems equitable in the circumstances.
(c) In determining the contributions payable by a self-insurer SIRA may have regard to the number of workers employed by such self-insurer and to the wages paid to workers so employed and to the premium which such self-insurer would have paid had the self-insurer’s liability been insured under the Principal Act or the 1998 Act respecting workers so employed with an insurer licensed under the Principal Act or the 1998 Act.
(7B) An insurer may, subject to the provisions of the Principal Act and the 1998 Act, adjust the premium payable in respect of a policy of insurance or indemnity required by that Act to be obtained by an employer so as to include an amount equivalent to such part of the contributions payable by the insurer under this section as relates to that employer and that policy.
(7C) (Repealed)
(7D) SIRA may determine additional amounts of contributions to be paid by insurers from their premium income to the Authority if it considers that it is necessary having regard to relevant prevailing circumstances and the financial stability of the Fund.
(7E) If any contribution payable under subsection (6) or (7D) is not paid within the time determined by SIRA the amount of such contribution may be recovered by the Authority as a debt and the insurer concerned shall be guilty of an offence against this Act and liable to a penalty not exceeding 20 penalty units.
Proceedings in respect of the recovery of any such contribution or the enforcement of any such penalty may be instituted by the Authority.
(7F) A certificate by SIRA setting forth the fact that any determination has been made under and in accordance with subsection (7) or (7D) and the amount of contribution payable by any insurer shall in any proceedings for the recovery of any contribution payable under this section or in proceedings for a penalty under subsection (7E) be conclusive evidence of the matters stated in such certificate.
(8) Every insurer shall in each year at such time as SIRA may notify, furnish to SIRA such particulars as it may require for the purpose of enabling it to make any determination under this section.
(9) No contribution shall be payable under this section by the operator of a mine, or by an insurer of any such operator, in so far as the business of the insurer relates to insurance of liability under the Principal Act or the 1998 Act of any such operator.
(10) The Authority is to furnish to a relevant body such information as the relevant body may require in regard to any of the following—
(a) employment in any industry or process which is of such a nature as to expose the worker to the risk of contracting a dust disease,
(b) the compensation paid and payable to workers in such employment,
(c) the financial position of the Fund,
(d) such other matters arising out of the relevant body’s functions under this Act as the body considers will assist it in carrying out its functions.
For the purposes of this section, relevant body means ICNSW or SIRA.
(11), (12) (Repealed)
s 6: Am 1942 No 31, sec 3 (b); 1945 No 20, sec 3 (1); 1946 No 41, sec 3 (1); 1953 No 28, sec 2 (a); 1957 No 26, sec 2 (d); 1967 No 98, secs 3 (1) (d), 5 (1) (b); 1975 No 104, Sch 8; 1981 No 74, Sch 1 (1); 1983 No 153, Sch 1; 1983 No 208, Schs 1 (4), 2 (5); 1987 No 84, Sch 1 (2); 1989 No 64, sec 3; 1989 No 121, Sch 1 (3); 1992 No 112, Sch 1; 1994 No 6, Sch 3 (3); 1994 No 10, Sch 6 (3); 1995 No 89, Sch 7 (5) (6); 1996 No 120, Sch 2.9 (1)–(3); 1998 No 85, Sch 2.13 [3] [4]; 1998 No 130, Sch 6 [6]; 2000 No 87, Sch 23.3 [1]–[5]; 2002 No 129, Sch 2.19 [3] (subst 2004 No 74, Sch 3 [67]) [4] (subst 2004 No 74, Sch 3 [67]); 2005 No 64, Sch 1.51; 2012 No 54, Sch 3.7 [1] [2]; 2015 No 19, Sch 10 [5]–[17]; 2018 No 70, Sch 3.72.
Section 6 - Workers’ Compensation (Dust Diseases) Act 1942 - Constitution of Fund | Zoe