128ASpecial contributions

### 128A Special contributions > [*\[Section 128A Inserted by No. 48 of 2001, s. 7, Applied:01 Aug 2001\]*](/view/html/inforce/2001-08-01/act-2001-048#GS7@EN) > > > (1)  In this section – > > > > > ***domestic workers compensation insurance policy*** means a policy of insurance that indemnifies the policyholder for liabilities under this Act or independently of this Act in respect of domestic workers; > > > > > ***policyholder*** means the holder of a policy of insurance required to be maintained under [section 97(1)](#GS97@Gs1@EN) but does not include the holder of a domestic workers compensation insurance policy; > > > > > ***special contribution*** means the special contribution determined by the Minister under [subsection (2)](#GS128A@Gs2@EN) . > > > (2)  [*\[Section 128A Subsection (2) substituted by No. 16 of 2004, s. 7, Applied:29 Jun 2004\]*](/view/html/inforce/2004-06-29/act-2004-016#GS7@Hpa@EN) If the Nominal Insurer is or will be liable to pay amounts of the type specified in [section 127A(3)](#GS127A@Gs3@EN)  – > > > > > > (a) as a result of the insolvency of a licensed insurer or former licensed insurer; or > > > > > > > (b) as a result of the operation of [section 126A](#GS126A@EN)  – > > > > the Minister may require all policyholders and self-insurers to pay to the Nominal Insurer, in each year, a special contribution determined by the Minister. > > > (3)  For the purposes of [subsection (2)](#GS128A@Gs2@EN) , each State Service Agency or other body to which the Tasmanian Risk Management Fund applies is taken to be a policyholder. > > > (4)  In making a determination under [subsection (2)](#GS128A@Gs2@EN) , the Minister is to take into account – > > > > > > (a) the expected level of payments that the Nominal Insurer will be required to make as a result of the insolvency of the licensed insurer; and > > > > > > > (b) the cost to the Nominal Insurer of borrowing money pursuant to [section 129A](#GS129A@EN) or entering into other arrangements to make the payments referred to in [paragraph (a)](#GS128A@Gs4@Hpa@EN) ; and > > > > > > > (c) any other money expected to be received by the Nominal Insurer in relation to the insolvency of the licensed insurer; and > > > > > > > (d) the period during which payment of the special contribution is likely to be required; and > > > > > > > (da) [*\[Section 128A Subsection (4) amended by No. 16 of 2004, s. 7, Applied:29 Jun 2004\]*](/view/html/inforce/2004-06-29/act-2004-016#GS7@Hpb@EN) the expected amounts that the Nominal Insurer will be required to pay under [section 126A(2)](#GS126A@Gs2@EN) ; and > > > > > > > (e) such other matters as may be prescribed. > > > (5)  The Minister is to cause to be published in the *Gazette*, by not later than 15 December in each year, a determination made under [subsection (2)](#GS128A@Gs2@EN) specifying the amount of special contribution that each policyholder and self-insurer is to pay to the Nominal Insurer expressed as the percentage determined by the Minister under [subsection (8)](#GS128A@Gs8@EN) . > > > (6)  A determination made under [subsection (2)](#GS128A@Gs2@EN) is not a statutory rule for the purposes of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) . > > > (7)  A determination made under [subsection (2)](#GS128A@Gs2@EN) has effect for a period of one year commencing on 30 June in the year following the day on which it is published in the *Gazette*. > > > (8)  If the Minister makes a determination under [subsection (2)](#GS128A@Gs2@EN)  – > > > > > > (a) each policyholder is to pay to the licensed insurer with whom a policy of insurance is maintained an amount of special contribution that is equal to a percentage, determined by the Minister, of the premium payable by the policyholder in respect of a policy that commences on the day on which the determination made under [subsection (2)](#GS128A@Gs2@EN) takes effect or during the period for which the determination has effect; and > > > > > > > (b) each self-insurer is to pay to the Nominal Insurer during the period for which the determination made under [subsection (2)](#GS128A@Gs2@EN) has effect an amount of special contribution that is equal to a percentage, determined by the Minister, of the notional premium, within the meaning of [section 144(1)](#GS144@Gs1@EN) , applying – > > > > > > > > > > (i) in the case of a self-insurer referred to in [subsection (11)(a)](#GS128A@Gs11@Hpa@EN) , on the day on which the determination made under [subsection (2)](#GS128A@Gs2@EN) takes effect; or > > > > > > > > > > > (ii) in the case of a self-insurer referred to in [subsection (11)(b)](#GS128A@Gs11@Hpb@EN) , on the day on which the permit is granted. > > > (9)  A policyholder is to pay the special contribution to the licensed insurer with whom the policy of insurance is maintained not later than the day on which the premium in respect of the policy is required to be paid. > > > > Penalty:  Fine not exceeding 20 penalty units. > > > (10)  A licensed insurer, within 30 days after the end of each month, is to – > > > > > > (a) pay to the Nominal Insurer all amounts received under [subsection (9)](#GS128A@Gs9@EN) during that month; and > > > > > > > (b) forward to the Nominal Insurer a statement in writing – > > > > > > > > > > (i) setting out the amounts of special contribution received in respect of policies of insurance during that month; and > > > > > > > > > > > (ii) setting out the amounts of special contribution due during that month but not paid; and > > > > > > > > > > > (iii) setting out such other particulars as may be required by the Nominal Insurer; and > > > > > > > > > > > (iv) verified by a statutory declaration made by an officer of the licensed insurer. > > > > Penalty:  Fine not exceeding 20 penalty units. > > > (11)  A self-insurer is to pay the special contribution to the Nominal Insurer – > > > > > > (a) in the case of an employer who was granted a self-insurer permit before the day on which the determination under [subsection (2)](#GS128A@Gs2@EN) took effect, within 30 days of the day on which the determination takes effect; or > > > > > > > (b) in the case of an employer who is granted a self-insurer permit after the day on which the determination under [subsection (2)](#GS128A@Gs2@EN) took effect, within 30 days of the day on which the permit is granted. > > > > Penalty:  Fine not exceeding 20 penalty units. > > > (12)  If a policyholder is required to pay an additional premium as a result of an adjustment of the policy of insurance, the policyholder must pay to the licensed insurer with whom the policy is maintained the amount of special contribution payable in respect of that adjustment not later than the day on which the additional premium in respect of the policy is required to be paid. > > > > Penalty:  Fine not exceeding 20 penalty units. > > > (13)  If a policyholder is entitled to receive from a licensed insurer a refund of an amount paid by way of premium in respect of a policyholder's policy, the licensed insurer, in addition to any amount paid to the policyholder by way of refund of premium, is to pay to the policyholder, by way of refund of the special contribution paid by the policyholder under [subsection (9)](#GS128A@Gs9@EN) , an amount that represents a proportionate part of that special contribution. > > > (14)  If a self-insurer would, if it had been a policyholder, have been entitled to a refund of an amount paid by way of premium in respect of a policy of insurance, the self-insurer is entitled to a refund of the amount that represents a proportionate part of the amount paid by it by way of special contribution and the Nominal Insurer is to pay that amount to the self-insurer. > > > (15)  If a licensed insurer pays to a policyholder an amount by way of refund of special contribution, the Nominal Insurer, on application by the licensed insurer, is to pay to the licensed insurer an amount equal to the amount so paid by the licensed insurer. > > > (16)  If a policyholder, licensed insurer or self-insurer is convicted of an offence under this section, the court by whom the policyholder, licensed insurer or self-insurer is convicted, in addition to imposing a penalty for the offence, is to order the policyholder, licensed insurer or self-insurer to pay to the Nominal Insurer the sum in respect of the non-payment of which the offence was committed, or such portion of that sum as may remain unpaid at the date of the conviction. > > > (17)  An order under [subsection (16)](#GS128A@Gs16@EN) for the payment of a sum to the Nominal Insurer may be enforced in the same manner as a summary conviction or order under the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) for the payment of a sum of money, and the provisions of that Act, with the necessary adaptations, apply such an order accordingly.