(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.