72Employer's excess

72 Employer's excess (1) The Authority's indemnity to an employer under this Act is subject to an employer's excess in respect of each claim equal to— (a) in the case of weekly payments in respect of a full-time worker who— (i) has no current work capacity; or (ii) has a current work capacity— the first 10 days of the period of incapacity resulting from the relevant injury; and (b) the proportion of the weekly payments in respect of a worker who is not a full-time worker of that employer and who— (i) has no current work capacity; or (ii) has a current work capacity— for the first 10 days of the period of incapacity resulting from the relevant injury; and (c) payment of the first $642 of the reasonable costs referred to in section 224(1)(a) in relation to the relevant injury. (2) The proportion for the purposes of subsection (1)(b) is the number of hours per week which the worker works for the employer as a proportion of the total number of hours per week which the worker works for all employers. (3) A payment made by an employer to a worker to discharge the employer's liability under the employer's excess does not prejudice the determination of the liability of the employer above the employer's excess. (4) If the Authority has set aside its decision to accept a claim for compensation against a claimed employer under section 84(1)(b), the claimed employer— (a) is not liable for any excess under subsection (1); and (b) may request a reimbursement of the excess from the Authority. (5) In subsection (1), a reference to a relevant injury in relation to a worker does not include a reference to a recurrence of any pre-existing injury or disease in respect of which the worker is entitled to compensation under this Act. (6) Subject to guidelines made by the Authority in accordance with section 612 and in accordance with the premiums order, an employer may elect to increase, reduce or eliminate the excess under subsection (1) by paying an adjusted premium under Part 10. (7) A premiums order may specify different rates or levels of premium for the purposes of this section. (8) Subsection (1) does not apply to the liability to pay compensation in respect of an injury to a student worker. (9) Subsection (1) does not apply to the liability to pay compensation in respect of an injury— (a) resulting from a transport accident within the meaning of the **Transport Accident Act 1986**; and (b) deemed to have arisen out of or in the course of any employment by reason of section 46(1)(a) or (c). S. 72(9A) inserted by No. 5/2021 s. 6. (9A) Subsection (1)(c) does not apply in the case of a claim in respect of a mental injury that entitles the worker to provisional payments under Division 10 of Part 5 in relation to that mental injury. (10) For the purposes of subsection (1), in calculating the first 10 days of the period of incapacity resulting from the relevant injury— (a) the day on which the incapacity commenced must be included; and (b) any day on which the worker would not have worked if he or she had not suffered the injury must be excluded. See Division 4 of Part IV of the **Accident Compensation Act 1985** as to the liability for payment of compensation under that Act. Section 125A of that Act specifies the employer's excess in respect of claims for compensation in respect of an injury arising on or after 4 p.m. on 30 June 1993 but before 1 July 2014. Division 3—Claims management—General