Western Australian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 209

209 .         Records to be kept by employer

        (1)         An employer must keep records of the following in respect of each period of insurance during which the employer is insured under a workers compensation policy —

            (a)         the number of workers insured under the policy;

            (b)         the industry classification on the basis of which the premium payable by the employer for the issue or renewal of the workers compensation policy was determined;

            (c)         the total remuneration paid during the period of insurance to workers insured under the policy;

            (d)         any other matter relating to information required to be provided by the employer to the insurer (or otherwise relevant to the calculation of premiums payable under workers compensation policies) that is required by the regulations to be recorded under this section.

        (2)         An employer must retain a record kept under this section for not less than 7 years after the record was made.

        (3)         A record required to be kept under this section must be kept in the manner, if any, required by the regulations.

        (4)         A record kept for the purposes of this section may be combined with any record of remuneration required to be kept by an employer under any other Act but must not be combined in a manner that would prevent its disclosure under this Act.

        (5)         WorkCover WA may require an employer to do any 1 or more of the following —

            (a)         supply to WorkCover WA within a specified period a full and correct statement of the information of which the employer is required to keep a record under this section;

            (b)         make available at a specified time and place for inspection by a specified person authorised by WorkCover WA the records required to be kept by the employer under this section relating to a specified period;

            (c)         make available at a specified time and place for inspection by a specified person authorised by WorkCover WA records of a specified kind in the possession of the employer that are relevant to —

                  (i)         information provided by the employer to an insurer in connection with an application for the issue or renewal of a workers compensation policy; or

                  (ii)         the calculation of premiums payable under a workers compensation policy; or

                  (iii)         the determination of whether the employer or another employer is required to obtain a workers compensation policy or has paid the correct premium for a workers compensation policy.

        (6)         WorkCover WA may provide information obtained by WorkCover WA from an employer under this section to any insurer for the purpose of assisting the insurer to determine whether the correct premium has been paid for a workers compensation policy issued by the insurer.

        (7)         An employer who fails to comply with a requirement imposed under this section commits an offence.

        Penalty for this subsection: a fine of $5 000.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback