Public Sector Workers Compensation Fund Act 2018

This Act is the Public Sector Workers Compensation Fund Act 2018.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘PSWC fund—see section 7.’ means that the term ‘PSWC fund’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The main object of this Act is to establish financial and prudential governance in relation to the Territory’s obligations as a self-insured licensee under the SRC Act.

The Public Sector Workers Compensation Fund (the PSWC fund) is established.

The Treasurer must, under the Financial Management Act 1996, dictionary, definition of directorate, paragraph (b), establish and keep a directorate for the PSWC fund (the PSWC fund directorate).

The director-general must open and keep 1 or more banking accounts (a PSWC fund banking account) solely for the management of the PSWC fund.

A PSWC fund banking account is a directorate banking account of the PSWC fund directorate.

An amount appropriated by a public sector workers compensation appropriation must be paid into a PSWC fund banking account.

The following amounts, whether received or receivable before or after the commencement of this Act, are appropriated for the purposes of the PSWC fund and must be paid into a PSWC fund banking account:

an amount received from the Commonwealth or Comcare in relation to a licence granted to the Territory under the SRC Act, section 103;

an amount held by the Australian Capital Territory Insurance Authority in relation to workers compensation liabilities under the SRC Act;

premium amounts;

the returns on money held in the account;

money required to be paid into the fund under this Act or any other Act;

all other money received by the PSWC commissioner for payment into the PSWC fund.

The following amounts only are to be paid out of a PSWC fund banking account:

all payments required to be made by the Territory under the SRC Act;

the reasonable costs and expenses incurred by the Territory or the claims manager in the management of a workers compensation claim against the Territory under the SRC Act;

the reasonable costs of the PSWC commissioner in exercising the commissioner’s functions under this Act, including costs of remuneration, allowances and office accommodation;

reasonable costs related to meetings of the advisory committee;

in accordance with the guidelines—any refund of premium amounts paid into the fund.

If a PSWC fund banking account is closed, the balance of money in the account must be paid into another PSWC fund banking account.