Western Australian Numbered Acts Western Australian Numbered Acts (1) An employer may
apply to WorkCover WA for a review by WorkCover WA of either or both of the
following in respect of a premium determined by an insurer for the issue or
renewal of a workers compensation policy to the employer —
(a)
whether the industry classification on the basis of which the premium for the
policy is determined is the proper industry classification (an industry
classification review );
(b)
whether the premium determined by the insurer is a proper premium for the
policy (a premium review ).
(2) A premium review
is available only if the premium determined by the insurer is at least
75% greater than the premium calculated on the basis of the recommended
premium rate fixed by WorkCover WA.
(3) The following
requirements apply to an application for a review under this
section —
(a) the
application must be made within 1 month after the employer is informed of
the premium concerned or within a longer period WorkCover WA may allow in a
particular case;
(b) the
application must not be made unless the employer has made reasonable efforts
to resolve the issue with the insurer;
(c) the
application must provide details of the efforts made by the employer to
resolve the issue with the insurer;
(d) the
application must state the grounds of objection and the industry
classification or premium that the employer seeks;
(e) the
employer must give notice in writing of the application to the insurer within
the period allowed for making the application.
(4) Despite an
application for a review, the employer must pay the premium as determined by
the insurer and the insurer must issue or renew the policy.
(5) WorkCover WA may
determine its own procedures for the review.
(6) On a review,
WorkCover WA must decide the following —
(a) for
an industry classification review — the proper industry
classification for the calculation of the premium;
(b) for
a premium review — whether or not the premium determined by the
insurer exceeds a proper premium for the policy and (if it is decided that the
premium determined exceeds a proper premium) the amount of a proper premium
for the policy.
(7) The insurer must
give effect to the decision on the review and if the effect of the decision is
that a lesser sum is payable by way of premium than that already paid to the
insurer —
(a) the
insurer must repay to the employer the amount of the overpayment; and
(b) the
employer may sue for and recover from the insurer any amount unpaid.