Workers Compensation Act 1987

The Nominal Insurer may, by order in writing, determine that an employer who would, but for the determination, be a member of a group is not a member of the group.

Note.

Section 175F sets out the circumstances in which a determination may be made under this section.

The Nominal Insurer must give notice in writing of a determination to the employer in respect of whom the determination is made and to each member of the group.

A determination takes effect—

on the date on which notice under subsection (2) is given to the employer excluded from the group, or

if another date of effect (including an earlier date) is specified in the notice—on that other date.

A determination continues in force until it is revoked.

The Nominal Insurer may revoke a determination only if satisfied that the employer to which it relates no longer is an employer to which section 175F applies.

Notice of the revocation of a determination must be given by the Nominal Insurer—

to the employer in respect of whom the determination was made, and

to each other member of the group of which the employer is a member as a result of the revocation.

A revocation of a determination takes effect on the date on which notice under subsection (6) (a) is given to the employer in respect of whom the determination was made.

If an employer in respect of whom a determination under this section was made becomes aware that the employer no longer is one to which section 175F applies, the employer must, within 14 days, notify the Nominal Insurer of that fact.

Maximum penalty (subsection (8)): 500 penalty units.