Western Australian Numbered Acts

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WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 207

207 .         Recovery of premiums avoided by employer

        (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.



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