Western Australian Numbered Acts

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WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 598

598 .         Self-insurers

        (1)         An employer who is an employer or a member of a group of employers exempted under section 164 of the former Act immediately before commencement day is taken to be a self-insurer under this Act and is subject to this Act accordingly.

        (2)         The employer is taken to have been granted a self-insurer licence to remain in force indefinitely unless WorkCover WA converts the licence by a direction under section 230(4) to a self-insurer licence granted for a fixed period specified in the direction.

        (3)         If an employer was a self-insurer under the former Act because the employer belonged to a group of employers exempted under section 164 of the former Act —

            (a)         only 1 of the employers of the group is taken to have been granted a self-insurer licence as provided by this section (being the employer chosen by WorkCover WA); and

            (b)         the self-insurer licence is taken to have been granted on terms that extend the licence to the other employers of the group.

        (4)         Sections 261(7) and  491(6) do not apply to an employer who becomes a self-insurer under this Act pursuant to this section.

        Note for this subsection:

                Sections 261(7) and  491(6) provide that a self-insurer is not required to pay a contribution to the DI Fund or the General Account for the financial year in which the self-insurer became a self-insurer. This does not apply to self-insurers under the former Act who become self-insurers under this section.

        (5)         Securities given to the State by a self-insurer for the purposes of section 164 of the former Act and in force immediately before commencement day are taken to be a self-insurer security provided by the self-insurer for the purposes of section 250 of this Act.



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