Western Australian Numbered Acts

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WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 243

243 .         Lapsing of insurance policy

        (1)         A workers compensation policy is considered to lapse at the end of the period of insurance under the policy if the policy is not renewed within that period or within any period of grace provided for by the policy.

        (2)         An insurer must notify the CEO in the approved form of the lapsing of a workers compensation policy issued by the insurer.

        (3)         The insurer under a workers compensation policy that has lapsed remains liable to indemnify the employer in respect of a liability incurred after the policy lapsed (as if the liability had been incurred during the period of insurance of the policy) but only if the liability is incurred no later than 7 days after WorkCover WA is notified of the policy lapsing as required by subsection (2).

        (4)         The insurer under a workers compensation policy that has lapsed does not remain liable under this section to indemnify the employer in respect of a liability if the employer has insurance for the liability under another workers compensation policy.

        (5)         If an insurer refuses to indemnify an employer in respect of a liability in respect of which the insurer remains liable under this section, the insurer commits an offence.

        Penalty for this subsection: a fine of $15 000.

        (6)         Conviction of an insurer for an offence under subsection (5) does not affect the insurer’s liability under this section.



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