Table 7.3: Approval process, application and ongoing costs and duration of licence

 

Applications process

Application and ongoing costs

Duration of license

New South Wales

A Self Insurer is required to complete a self-insurer application form and provide the information outlined in the ‘requirements for a licence application’ section of the self-insurer information requirements document to selfspecialisedinsurers@sira.nsw.gov.au.

 

  • One-off cost on application of $40,000 for Single Self-Insurer licence, $45,000 for Group Self-Insurer licence.
  • Insurers are required to contribute to the Workers Compensation Operational Fund under s39 of the Workplace Injury Management and Workers Compensation Act 1998 and to the Dust Diseases Fund under s6 of the Workers’ Compensation (Dust Diseases) Act 1942 on an annual basis.

 

A licence will be granted for a standard period of 3 years and be capable of renewal for further terms of up to eight years. SIRA has discretion to grant licences for shorter terms if it believes circumstances are warranted.

Victoria

s375 — Workplace Injury Rehabilitation and Compensation Act 2013

  • Assessment of organisation’s eligibility to apply is undertaken:
  • – the body corporate must be the ultimate holding company in Australia, and
  • – must satisfy prescribed minimum requirements as to financial strength and viability.
  • If eligible, the organisation may submit an application for approval to WorkSafe Victoria. The assessment of the application may include on-site audits, interviews and inspections.
  • Pre-application eligibility fee must be paid as prescribed in the Schedule 6 of the Act. As at 1 July 2021 this is $1,080 inclusive of GST.

 

 

  • An application fee must be paid by the organisation as prescribed in Schedule 7 of the WIRC Act. The maximum fee payable is $69,360 (as at 1 July 2021 and subject to indexation).
  • A self-insurer must pay contributions into the WorkCover Authority Fund in accordance with s388 of the WIRC Act. Quarterly contributions payable by a self-insurer are determined by WorkSafe Victoria based on the rateable remuneration return submitted by a self-insurer pursuant to the Ministerial Order made under s380(3) of the WIRC Act.
  • The amount of contributions payable by a self-insurer pursuant to s388 of the WIRC Act is determined by the formula given in Reg 14 of the Workplace Injury Rehabilitation and Compensation Regulations 2014.

 

s382 WIRC Act

Initial approval is for a period of three years and any subsequent approvals are for four years unless WorkSafe Victoria in its discretion determines that approval has effect for a period of six years.

Queensland

 

  • s70 — Workers’ Compensation and Rehabilitation Act 2003 — The application must:
    1. be made to the Workers’ Compensation Regulator in the approved form, and
    2. for a group employer be made by all the members of the group wanting to be licensed, and
    3. be accompanied by the fee prescribed under a regulation.
  • s77 — The Workers’ Compensation Regulator must decide an application within 6 months of receiving it. s71 — The Workers’ Compensation Regulator may issue or renew a licence to be a self-insurer to a single employer only if satisfied that certain criteria have been met.
  • s75 — in deciding whether a single employer or group employer is fit and proper, the Workers’ Compensation Regulator may consider any relevant matter and must consider certain matters (refer to legislation).

 

 

  • Initial application fee for setting up the licence:
    • – $15,000 application fee for single employers, and
    • – $20,000 application fee for group employers.
  • s70 Workers’ Compensation and Rehabilitation Act 2003s16 Workers’ Compensation and Rehabilitation Regulation 2014.
  • A self-insurer must also pay a levy to the Regulator each financial year under s81 of the Workers’ Compensation and Rehabilitation Act 2003. The amount a self-insurer must pay is calculated according to the formula in s17 (Workers’ Compensation and Rehabilitation Regulation 2014) and is dependent on their estimated claims liability, and the levy rate set by the Regulator.

 

s78 — Workers’ Compensation and Rehabilitation Act 2003 — Original licence issued for a period of two years, on renewal, licence period can be up to four years.

Western Australia

 

  • Employer submits application to WorkCover WA.
  • WorkCover WA reviews and considers the application for self-insurer status and provides recommendation on the application to the Minister.
  • The Governor, on recommendation of the Minister, may exempt an employer.

 

Self-insurers are required to contribute annually to the Authority’s General Account. The contribution is a percentage (fixed by the Authority) of the total amount of the notional premium of the self-insurer. The minimum contribution is $40,000.

No initial duration, however (s165 — Workers’ Compensation and Injury Management Act 1981) requires that self-insurance arrangements be reviewed at least once a year or when so required by the Minister. The review of an exemption will be based on adherence to the conditions of approval set by WorkCover WA.

South Australia

An indicative time line for the process and requirements is outlined in the Code of Conduct for Self-Insured Employers.

 

ss129-133 — Return to Work Act 2014

  • A one off application fee applies of $10,000 (plus GST) plus $15 (plus GST) for each worker employed by the employer, or group of employers at the time of the application is fixed as the fee that must accompany an application for registration as a self-insured employer, or group of self-insured employers.
  • The maximum fee payable is $40,000 (plus GST). Return to Work Regulations 2015 — Reg 53.

 

Registration as a self-insured employer (license) granted for an initial period (not exceeding three years). A self-insurer may apply to ReturnToWorkSA to renew its registration for further periods. Further periods may not exceed years (s129(5)(f) and Code of Conduct for Self-Insured Employers).

Tasmania

An employer must make application to the WorkCover Tasmania Board on the approved form (Workers Rehabilitation and Compensation Act 1988, s104) accompanied by:

  • completed financial indicators form
  • desktop review of financial information by an independent expert
  • copies of the organisation’s last three annual reports
  • evidence of high level safety management practices
  • evidence of high level injury management practices
  • evidence of high level claims management practices, and
  • evidence of the organisation’s capacity to meet the necessary data reporting requirements.

Permit conditions

How to apply for a permit to insure (self-insurer)

No application fee. However, the applicant is responsible for paying all expenses associated with applying for a self-insurer permit, including expenses associated with:

  • providing required financial information
  • providing a National Audit Tool report by a certified auditor or evidence of JAZ-ANZ certification against AS/NZ 4801:2001 or the National Audit Tool, and
  • seeking approval of an Injury Management Program.
  • Once a permit is granted, there are ongoing expenses.
  • Requirement to make annual contributions to the WorkCover Tasmania Board and the Nominal Insurer Fund.

 

Duration ranges from one year to three years, depending on the self-insurer’s ability to satisfy the criteria.

Northern Territory

Return to Work Act 1986 s120 — Employer to write to Authority for approval to self-insure

 

  • There is no cost to employers to lodge a self-insurer application. The only fee for employers is for an actuarial assessment to be provided to NT WorkSafe’s actuary. Once approved a self-insurer will be required to pay the Territory an amount determined by the Authority as a contribution towards:
    • – administration costs of the Work Health Court
    • – administration costs of the Supreme Court associated with proceedings under the Act
    • – costs incurred by the Authority in providing a mediation service, and
    • – costs incurred by the Territory in relation to the Authority’s (NT WorkSafe) performance of its functions under the Return to Work Act or other Act and in relation to promoting health and safety. — s121A.
  • They are also subject to contribution to the Nominal Insurer based on notional market share.

 

One year

Australian Capital Territory

 

  • Submit application to WorkSafe ACT.
  • WorkSafe ACT will coordinate the review process.
  • Once applications have been reviewed recommendations will be made to the appropriate delegate.
  • Once the Delegate has made their decision, the applicant will be notified.
  • Should the application be successful, the applicant must complete and return an Acceptance Form within 14 days of the date of notification.

 

The insurer must comply with, and pay the costs of compliance or financial audits.

 

 

Continues in force until licence is surrendered or cancelled.

C’wealth Comcare

Process for applying for eligibility

By Ministerial declaration and provided that the Minister is satisfied that it would be desirable for the Safety, Rehabilitation and Compensation Act 1988 to apply to employees of a corporation that:

  • – is, but is about to cease to be, a Commonwealth authority, or
  • – was previously a Commonwealth authority, or
  • – is carrying on business in competition with a Commonwealth authority or with another corporation that was previously a Commonwealth authority.

If the corporation is so declared by the Minister, the corporation is then eligible to apply to the Safety, Rehabilitation and Compensation Commission (the Commission) for a licence.

Commonwealth Authorities can also apply for a licence to self-insure.

A Commonwealth Authority is not required to obtain a declaration from the Minister before applying to the Commission for a self-insurance licence, but it is required to consult with the relevant portfolio Minister regarding its intention to apply for a licence. Evidence of this consultation must be supplied with the application.

Process for applying to become a self-insurer:

  • s102 — Safety, Rehabilitation and Compensation Act 1988 — Once a corporation is declared an eligible corporation by the Minister, it may then apply to the Commission for a licence:
  • To grant a licence, The Commission will consider whether:
    • – the applicant has sufficient resources to fulfil the responsibilities imposed on it under the licence
    • – the applicant has the capacity to ensure that claims will be managed in accordance with the Commission’s standards for claims management
    • – the applicant has the capacity to meet the Commission’s standards for the rehabilitation and work health and safety of its employees
    • – the granting of the licence will not be contrary to the interests of the employees of the licensee whose affairs fall within the scope of the licence, and
    • – because of the applicant’s past conduct it is unlikely that the applicant will, if licensed, meet the standards set by the Commission for claims management, rehabilitation and prevention.

 

One off application fee based on size, complexity, costs of assessment process etc.

Annual licence fee payable in accordance with the Cost Recovery Implementation Statement 2021-22 (comcare.gov.au). The fee represents the costs incurred by the Commission and Comcare in carrying out their respective functions under the SRC Act and WHS Act (for licensees with Commonwealth WHS coverage)

Up to eight years

New Zealand

 

  • Employer completes an application form providing supporting financial, business and health and safety information.
  • Notifies all staff in writing about their intention to join.
  • Consult with employee representatives about intention to join.
  • Coordinate staff and documentation for the health and safety audit (completed by an ACC approved independent auditor) using the approved audit tool.
  • Submit application to ACC (the Manager) and:
    • – ACC will undertake the approval process
    • – once approval process has been undertaken ACC makes a decision, and
    • – the applicant will be notified.

 

  • Pay a portion of the pre-entry audit costs.
  • Cost of the independent audit of health and safety.

 

 

  • Approval may be for one to three years at the employer’s option.
  • Annual reviews are undertaken in order to ensure entry (including prudential) requirements are being maintained.