(1) The court
convicting an employer of an offence under section 204 must order (a
premium reimbursement order ) that the employer pay to the General Account an
amount equal to the total of any insurance premiums, payment of which the
court is satisfied the employer has, at any time during the period of
5 years before the conviction, avoided by reason of the act or omission
constituting the offence.
(2) In making a
premium reimbursement order, an amount that has already been taken into
account in making a previous premium reimbursement order must not be taken
into account.
(3) A certificate
executed by WorkCover WA and certifying that an amount specified in the
certificate is the amount of any insurance premiums that an employer has
avoided during a specified period by reason of an act or omission constituting
an offence under section 204 is (without proof of its execution by
WorkCover WA) admissible in any proceedings and is evidence of the matters
specified in the certificate.
(4) In the absence of
information that would enable WorkCover WA to accurately determine the
premium that would have been payable for the issue of a particular workers
compensation policy, the following provisions have effect —
(a)
WorkCover WA is entitled to make an estimate of that premium (based on the
information available to WorkCover WA);
(b) that
estimate is presumed to be accurate as to the premium that would have been
payable and cannot be challenged on the basis that insufficient information
was available to enable the making of an accurate assessment, but can be
challenged by the provision of information that enables a more accurate
estimate to be made;
(c) if
WorkCover WA’s estimate is successfully challenged and as a result a
more accurate estimate is substituted — the proceedings are not
open to challenge merely because of the inaccurate estimate and may continue
to be heard and be determined on the basis of the substituted assessment.
(5) A premium
reimbursement order is in addition to any fine imposed in respect of the
offence.