Western Australian Numbered Acts

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WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 235

235 .         Special arrangements for Insurance Commission and public authorities

        (1)         In this section —

        public authority has the meaning given in the Insurance Commission of Western Australia Act 1986 section 3.

        (2)         The Insurance Commission is taken to be an insurer that holds an insurer licence and that licence is taken to be subject to a specialised insurer condition that limits the Insurance Commission to the insurance of public authorities under the Insurance Commission of Western Australia Act 1986 .

        (3)         The following provisions apply in respect of a public authority on behalf of which the Insurance Commission manages and administers insurance arrangements in respect of liability to pay compensation or damages in respect of an injury to a worker —

            (a)         the public authority is taken to hold a workers compensation policy issued by the Insurance Commission and accordingly is taken to comply with section 202 (which requires an employer to have a current workers compensation policy at all times);

            (b)         the public authority must pay to the Insurance Commission the amounts the Insurance Commission determines and notifies to the public authority from time to time as the premium for a workers compensation policy taken to have been issued to the public authority by the Insurance Commission;

            (c)         the public authority must provide to the Insurance Commission information the Insurance Commission may request from time to time for the purpose of determining the premium for a workers compensation policy taken to have been issued to the public authority by the Insurance Commission;

            (d)         Division 5 does not apply to a premium payable in respect of a workers compensation policy taken to have been issued by the Insurance Commission under this section;

            (e)         section 203 does not require the provision of information by the public authority to the Insurance Commission.

        (4)         A public authority that is taken to hold a workers compensation policy issued by the Insurance Commission cannot make a request of the Insurance Commission referred to in section 162(2) or (3).

        (5)         The Insurance Commission is not a licensed insurer required to contribute to the General Account or the DI Fund.

        (6)         The functions of the Insurance Commission as a licensed insurer in respect of workers compensation policies taken to have been issued under this section (including, without limitation, the function of discharging the liabilities of a public authority under a policy of that kind) are taken to be functions of the Insurance Commission under the Insurance Commission of Western Australia Act 1986 section 6(c).



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