97Obligation of employers to insure

### 97 Obligation of employers to insure > > (1)  An employer who is not a self-insurer shall maintain in force with a licensed insurer a policy of insurance – > > > > > > (a) that indemnifies him in respect of the full amount of his liabilities to pay compensation under this Act; > > > > > > > (b) [*\[Section 97 Subsection (1) amended by No. 99 of 2000, s. 60, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS60@Hpa@EN) [*\[Section 97 Subsection (1) amended by No. 39 of 2017, s. 26, Applied:01 Jan 2018\]*](/view/html/inforce/2018-01-01/act-2017-039#GS26@Hpa@EN) that indemnifies the employer in respect of any liability arising independently of this Act in respect of an injury suffered by a worker arising out of or in the course of the employment of that worker by the employer; and > > > > > > > (c) that indemnifies each person employed by him in respect of the liabilities incurred by that person in respect of any such injury as is referred to in [paragraph (b)](#GS97@Gs1@Hpb@EN) . > > > (1A)  [*\[Section 97 Subsection (1A) amended by No. 42 of 2007, s. 31, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS31@Hpa@EN) *\[Section 97 Subsection (1A) inserted by No. 16 of 1995, s. 65 \]*[*\[Section 97 Subsection (1A) substituted by No. 65 of 2004, s. 28, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS28@Hpa@EN) [*\[Section 97 Subsection (1A) omitted by No. 39 of 2017, s. 26, Applied:01 Jan 2018\]*](/view/html/inforce/2018-01-01/act-2017-039#GS26@Hpb@EN) .  .  .  .  .  .  .  .   > > > (1B)  *\[Section 97 Subsection (1B) inserted by No. 16 of 1995, s. 65 \]*[*\[Section 97 Subsection (1B) substituted by No. 42 of 2007, s. 31, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS31@Hpb@EN) [*\[Section 97 Subsection (1B) omitted by No. 39 of 2017, s. 26, Applied:01 Jan 2018\]*](/view/html/inforce/2018-01-01/act-2017-039#GS26@Hpb@EN) .  .  .  .  .  .  .  .   > > > (1C)  [*\[Section 97 Subsection (1C) amended by No. 42 of 2007, s. 31, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS31@Hpc@EN) *\[Section 97 Subsection (1C) inserted by No. 16 of 1995, s. 65 \]*[*\[Section 97 Subsection (1C) omitted by No. 39 of 2017, s. 26, Applied:01 Jan 2018\]*](/view/html/inforce/2018-01-01/act-2017-039#GS26@Hpb@EN) .  .  .  .  .  .  .  .   > > > (2)  Notwithstanding anything in any law or rule of law to the contrary, where a policy of insurance entered into by any person purports to indemnify as mentioned in [subsection (1)](#GS97@Gs1@EN) [(c)](#GS97@Gs1@Hpc@EN) any person employed by him, the insurer under that policy is liable to indemnify that person so employed in respect of any liability that the policy purports to cover. > > > (3)  *\[Section 97 Subsection (3) amended by No. 39 of 1988, s. 5 \]**\[Section 97 Subsection (3) amended by No. 16 of 1995, s. 65 \]*A policy of insurance which is required pursuant to [subsection (1)](#GS97@Gs1@EN) to be maintained by an employer shall not be required to indemnify him or any person employed by him against any liability in respect of an injury suffered by a worker in an accident involving the use of a motor vehicle which occurs while the worker is travelling in either direction between his place of residence and his place of employment. > > > (4)  An employer who fails to comply with [subsection (1)](#GS97@Gs1@EN) is guilty of an offence and is liable in a court of summary jurisdiction to a fine not exceeding 500 penalty units. > > > (5)  [*\[Section 97 Subsection (5) substituted by No. 99 of 2000, s. 60, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS60@Hpb@EN) It is a defence to a prosecution for an offence under [subsection (4)](#GS97@Gs4@EN) to show that at the time of the alleged offence the employer believed on reasonable grounds that the employer did not have a liability under this Act in respect of the worker because the worker's employment was connected with another State. > > > (6)  [*\[Section 97 Subsection (6) substituted by No. 99 of 2000, s. 60, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS60@Hpb@EN) An employer who applies to a licensed insurer to issue or renew a policy of insurance must, within 60 days after applying, provide the licensed insurer with – > > > > > > (a) an estimate, made to the best of that employer's knowledge and belief, of the aggregate amount of wages to be paid to workers in the employer's employment during the period relevant to the determination of the premium payable by the employer for the policy of insurance; and > > > > > > > (b) a statement showing the trade, occupation and calling of such workers; and > > > > > > > (c) such other information as may be prescribed in the regulations. > > > (6A)  [*\[Section 97 Subsection (6A) inserted by No. 85 of 2009, s. 38, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS38@EN) If an employer of more than 50 persons at a workplace accepts or renews an insurance policy referred to in this Act, the employer, within 60 days, must identify, and provide to the insurer, a list of duties, if any, at the workplace that may be suitable for the purposes of [section 143M](#GS143M@EN) in relation to a worker to whom that section may apply. > > > > Penalty:  Fine not exceeding 5 penalty units. > > > (7)  [*\[Section 97 Subsection (7) amended by No. 39 of 2017, s. 26, Applied:01 Jan 2018\]*](/view/html/inforce/2018-01-01/act-2017-039#GS26@Hpc@EN) [*\[Section 97 Subsection (7) substituted by No. 99 of 2000, s. 60, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS60@Hpb@EN) Within 60 days after the termination or expiration of a policy of insurance, an employer must provide the licensed insurer with – > > > > > > (a) a full and correct statement of the aggregate amount of wages paid to workers in the employer's employment during the period relevant to the determination of the premium paid by the employer for the policy of insurance; and > > > > > > > (b) a statement showing the trade, occupation and calling of such workers; and > > > > > > > (c) such other information as may be prescribed in the regulations. > > > (8)  [*\[Section 97 Subsection (8) amended by No. 99 of 2000, s. 60, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS60@Hpc@EN) An employer who fails to comply with [subsection (6)](#GS97@Gs6@EN) or [subsection (7)](#GS97@Gs7@EN) is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units. > > > (9)  This section does not oblige – > > > > > > (a) the Crown (whether in relation to this State or otherwise); or > > > > > > > (b) [*\[Section 97 Subsection (9) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja172@GC6@EN) any Agency, within the meaning of the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) , or any public statutory body constituted under any law of the Commonwealth or of any Territory of the Commonwealth or of any State other than this State– > > > > to obtain such a policy of insurance as is mentioned in [subsection (1)](#GS97@Gs1@EN) . > > > (10)  [*\[Section 97 Subsection (10) amended by No. 42 of 2007, s. 31, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS31@Hpd@EN) [*\[Section 97 Subsection (10) inserted by No. 99 of 2000, s. 60, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS60@Hpd@EN) A court that convicts an employer of an offence under [subsection (1)](#GS97@Gs1@EN) , [(6)](#GS97@Gs6@EN) or [(7)](#GS97@Gs7@EN) is to, in addition to any other penalty imposed in respect of the offence, order the employer to pay to the Board an amount equal to the total of any insurance premiums which the court is satisfied the employer has, at any time during the period of 7 years before the conviction, avoided by failing to maintain insurance as required by [subsection (1)](#GS97@Gs1@EN) , failing to provide an estimate or statement as required by [subsection (6)](#GS97@Gs6@EN) or [(7)](#GS97@Gs7@EN) or giving any false information or particular in any such estimate or statement. > > > (11)  [*\[Section 97 Subsection (11) amended by No. 65 of 2004, s. 28, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS28@Hpb@EN) [*\[Section 97 Subsection (11) inserted by No. 99 of 2000, s. 60, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS60@Hpd@EN) In determining the amount under [subsection (10)](#GS97@Gs10@EN) , a court is to take into account any amount payable by the employer to the Nominal Insurer under [section 130(3)](#GS130@Gs3@EN) .