Australian Capital Territory Numbered Regulations

WORKERS COMPENSATION REGULATIONS 2002 (NO 20 OF 2002) - REG 93

    (1)     This regulation applies to a self-insurer if—

        (a)     the self-insurer—

              (i)     contravenes the Act, section 112 (Compliance by insurers) or another provision of the Act; or

              (ii)     is unable to meet the self-insurer's current and expected liabilities under the Act; or

              (iii)     no longer has reinsurance of at least $500 000 cpi indexed for a single event to cover the employer's future liability under the Act; or

              (iv)     does not have the guarantee from an authorised deposit-taking institution mentioned in regulation 86 (1) (f) (What application for exemption must contain); or

              (v)     fails to comply with a condition on the self-insurer's exemption; and

        (b)     the Minister has given the self-insurer notice under regulation 92 (Notice of proposed action against self-insurer).

    (2)     After considering any written representation made by the self-insurer within the period for representations stated in the notice, the Minister may—

        (a)     if the proposed action is to suspend the self-insurer's exemption for a stated period—suspend the exemption for not longer than the period, or do 1 or more of the things mentioned in paragraph (b); or

        (b)     if the proposed action is to do a thing mentioned in this paragraph—do 1 or more of the following:

              (i)     order the self-insurer to pay to the Territory a financial penalty of not more than $1 000;

              (ii)     impose a condition on the self-insurer's exemption (for example, by including of a condition providing for increased supervision of the self-insurer by the Minister);

              (iii)     censure the self-insurer;

              (iv)     order the self-insurer to take remedial action.

    (3)     The Minister must tell the self-insurer in writing about the decision—

        (a)     if the decision is to take action other than suspension—in a way that complies with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989 , section 25B (1); or

        (b)     if the decision is to suspend the self-insurer's exemption—in accordance with regulation 95 (What if Minister decides to suspend or revoke self-insurer's exemption?).

    (4)     In this regulation:

"proposed action"—see regulation 92 (Notice of proposed action against self-insurer).