Table 4.5: Workers’ compensation arrangements for government employers

 Legislation Self-insurance Claims managers Premiums 
NSW 

Workers Compensation Act 1987 

Workplace Injury Management and Workers Compensation Act 1998 

The amendments introduced in the Workers Compensation Legislation Amendment Act 2012 do not apply to certain categories of workers including police officers, paramedics and firefighters. These workers are referred to as exempt workers. Claims by exempt workers are mainly managed as though the June 2012 amendments never occurred. 

Several different types of cover are available to NSW public sector employers:

  • NSW Self-Insurance Corporation (SICorp) manages and administers the Treasury Managed Fund (TMF). This is a NSW Government self-insurance scheme providing coverage for general state government sector agencies. Some state-owned corporations have elected to join. 
  • Several government agencies and state-owned corporations are licensed self-insurers.
  • Specialised Insurers are licensed in similar fashion to self-insurers but organised on an industry basis. Some local councils are insured through StateCover Mutual, a specialised insurer in NSW.

All claims under the TMF are handled by claim agents, which are contracted to SICorp.

The claims of self-insured agencies are managed by the licensed self-insurer organisations.

Some claims of local councils in NSW are managed by the licensed specialised insurer StateCover Mutual.



 

TMF (SICorp): Deposit contributions are based on a weighting between an Agency’s own claims experience and an appropriate external premium measure.

StateCover Mutual determines annual contributions in accordance with its published premium rating methodology.

Vic Workplace Injury Rehabilitation and Compensation Act 2013 

Body corporates and the Municipal Association of Victoria can apply to become self-insurers —  s376

Government agencies are neither and cannot become self-insurers.

Each government agency chooses an agent appointed by WorkSafe Victoria to manage their claims. All employers may change agents once per year if they believe another agent will provide better service.Administration of WorkCover Insurance and the calculation of premium uses the same methodology as for private sector employers.
Qld Workers’ Compensation and Rehabilitation Act 2003 State government departments cannot apply for self-insurance. Local governments can apply for self-insurance. Most local governments have self-insurance arrangements.For State government departments, all claims are handled by WorkCover Queensland.All employers must pay a premium for a workers’ compensation policy.
WA Workers’ Compensation and Injury Management Act 1981 Agencies are underwritten by the Insurance Commission of WA through the ‘Insurance Commission of Western Australia' (ICWA). No government agencies are directly self-insured.All government agency claims are handled by ICWA.All government agencies must have workers’ compensation coverage with ICWA. Premiums are paid direct to ICWA.
SA Return to Work Act 2014 The Crown and any agency or instrumentality of the Crown is taken to be registered as self-insured employers under  s130 and must meet the costs associated with claims. The Local Government Association is not considered an agency or instrument of the Crown and is registered as a private self-insured employer.Crown agencies (and private self-insured employers) assume responsibility for the management of workers’ compensation claims.Crown agencies must pay a fee each year as a contribution towards the costs associated with scheme administration.
Tas Workers’ Rehabilitation and Compensation Act 1988 The Crown and any agency or instrumentality of the Crown is deemed to be an exempt employer under  s 97(9) and  s 114(5) and is not obliged to maintain a policy of insurance or hold a permit to self-insure. The  Tasmanian Risk Management Fund is a whole-of-government self-insurance arrangement for funding and managing the insurable liabilities of participants. The Fund is administered by the Department of Treasury and Finance.Claims administration is undertaken by a Fund Administration Agent, Jardine Lloyd Thompson Pty Ltd, who is engaged under contract.The Fund operates on a cost recovery basis with contributions set to ensure adequate financial provision for the cost of risk now and into the future. The level of Agencies’ contributions is determined by an independent actuary to reflect their risk exposure, claims experience and nominated excess amount.
NT Return to Work Act 1986 

The insurance provisions of the legislation do not apply to the NT Government.

Local Government and some statutory agencies are insured with approved insurers.

Most NT Public Servants are covered by the Government’s self-insurance arrangement. Claims management is contracted to Gallagher Bassett. Some agencies are insured commercially and the insurer manages these claims.Government has introduced an internal “premium” model to create a fund for claim payments. This will develop into an experience-based model.
ACT Safety, Rehabilitation and Compensation Act 1988 (Cth) All ACT Government workers are covered under the Comcare scheme.All government claims are handled by Employers Mutual Limited.ACT Government workers’ are self-insured under the SRC Act from 1 March 2019.
C’wealth Comcare Safety, Rehabilitation and Compensation Act 1988 (Cth) 

Commonwealth Authorities (defined in the Act) may be granted a licence to self-insure. This may include self- management of claims. Commonwealth Government departments are not Commonwealth authorities and cannot apply.

NB: current licensed Commonwealth authorities are Australian Postal Corporation and Reserve Bank of Australia. The Australian National University commenced as a self-insurer on 1 July 2018. ACT Government commenced as a self-insurer on 1 March 2019.

Commonwealth Government claims are managed by Comcare.

Claims by licensed Commonwealth authorities are managed in-house by those authorities.

Commonwealth entities, other than licensed Commonwealth authorities, pay experience based premiums to Comcare annually.
C’wealth Seacare Seafarers’ Rehabilitation and Compensation Act 1992N/AAct does not apply to a person who is an employee within the meaning of the Safety Rehabilitation and Compensation Act 1988.Act does not apply to a person who is an employee within the meaning of the Safety Rehabilitation and Compensation Act 1988.
C’wealth DVA N/AN/AN/AN/A
New Zealand Accident Compensation Act 2001N/A

All government claims except those covered by Accredited Employers are managed by ACC.

Claims by Accredited Employers are managed by those employers, either in-house or by a contracted third-party administrator.

Government employers pay levies to ACC like all other employers unless they are Accredited Employers where a discount is applicable. Refer to Chapter 7 of this document for Self-insurer arrangements.