Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 263

263 .         Additional insurer contribution for unexpected claims

        (1)         WorkCover WA may, after determining the total annual DI Fund contribution for a financial year, determine an additional DI Fund contribution for the year if satisfied that the resulting additional contributions to the DI Fund are necessary to enable the DI Fund to meet the cost of unexpected claims in the financial year.

        (2)         A claim must satisfy the following requirements to be considered an unexpected claim in a financial year —

            (a)         the claim or class of claim concerned was not reasonably foreseeable when the determination of the total annual DI Fund contribution for the financial year was made;

            (b)         the claim is brought during the financial year;

            (c)         in the opinion of WorkCover WA the DI Fund will not be able to meet the cost of the claim without the additional DI Fund contribution.

        (3)         If an additional DI Fund contribution is determined for a financial year, each licensed insurer and self-insurer must pay additional contributions to WorkCover WA for payment into the DI Fund and for that purpose sections 261 and  262 apply in respect of any additional DI Fund contribution in the same way as they apply in respect of a total annual DI Fund contribution.

        (4)         More than 1 additional DI Fund contribution may be determined under subsection (1) for a financial year.