NSWIn ForceRegulation
Workers Compensation Regulation 2016
163Rebate of premium where fraud or mistake involved in claims
Start here
Get a plain-English read of 163
Turn the raw legal text into a practical explanation grounded in Workers Compensation Regulation 2016.
#### 163 Rebate of premium where fraud or mistake involved in claims
163 Rebate of premium where fraud or mistake involved in claims
> > (1) An employer is entitled to a rebate for an overpayment of an insurance premium if—
> >
> > > (a) an amount of a claim was included in the costs of claims used in the calculation of the insurance premium, and
> >
> > > (b) on or after 1 January 2000—
> > >
> > > > (i) a court in a criminal prosecution determined that the claim or part of the claim was fraudulent (whether or not a person is convicted for the fraud), or
> > >
> > > > (ii) the Compensation Court or the Commission in a final determination determined that the claim was made by a person who was not a worker, or
> > >
> > > > (iii) the Authority is satisfied that the claim is one to which section 235B of the 1998 Act applies, or
> > >
> > > > (iv) the Authority has made an order under section 235D of the 1998 Act in relation to the claim.
>
> > (2) An employer is entitled to such a rebate in relation to each period of insurance for which the amount of a claim referred to in subclause (1) was included in the calculation of the insurance premium for that period.
>
> > (3) The amount of the rebate that an employer is entitled to under this clause is to be determined by the Authority.