Western Australian Numbered Acts

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WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 242

242 .         Cancellation of insurance policy

        (1)         An insurer must not cancel a workers compensation policy without the permission in writing of WorkCover WA.

        (2)         WorkCover WA may determine whether an insurer should be permitted to cancel a workers compensation policy and the terms on which a workers compensation policy may be cancelled.

        (3)         WorkCover WA must not permit cancellation of a workers compensation policy for non-payment of a premium unless WorkCover WA is satisfied that —

            (a)         the insurer has given the employer adequate notice of the amount of the premium due; and

            (b)         the premium due has remained unpaid for the period prescribed by the regulations.

        (4)         The cancellation of a workers compensation policy with the permission of WorkCover WA is effective as between the parties to the policy irrespective of any term or condition of the policy.

        (5)         If WorkCover WA permits an insurer to cancel a workers compensation policy, the insurer must notify the employer of the cancellation within 14 days after the cancellation has effect.

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



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