Premium calculation disputes
6B Premium calculation disputes
In this clause—
premium dispute application means an application under an insurance premiums order, the Workers Compensation (Insurance Premiums) Regulation 1987 or the Workers Compensation (Insurance Premiums) Regulation 1995 for the calculation or variation by the Authority of any matter (the disputed matter) relevant to the determination by an insurer of the premium payable for the issue or renewal of a policy of insurance.
After the commencement of this clause—
no further premium dispute applications can be made, and
any matter that could before the commencement of this clause have been the subject of a premium dispute application can instead be the subject of an application for determination by the Authority under section 170 (as amended by the Workers Compensation Legislation Amendment Act 2000), and
any premium dispute application made but not determined before the commencement of this clause is to be dealt with as an application under section 170 (as amended by the Workers Compensation Legislation Amendment Act 2000) for determination by the Authority of the relevant aspect of the insurer’s determination.
Any premium dispute application dealt with before the commencement of this clause as an application under section 170 for a determination as to the premium to be charged for the issue or renewal of the policy concerned is taken to have been validly dealt with, and any determination of the premium payable is taken to have been validly made, as if the premium dispute application had been a valid application under that section.
Subclause (3) does not affect any determination of a court made before the commencement of this clause.
The amendments made to section 170 by the Workers Compensation Legislation Amendment Act 2000 apply to an application made under that section, but not determined, before the commencement of the amendments. The application is to be dealt with as an application under section 170 (as so amended) for determination by the Authority of the relevant aspect of the insurer’s determination.
The amendment made to section 170 (4) of this Act by the Workers Compensation Legislation Amendment Act 2000 relating to the payment of interest extends to premiums paid before the commencement of the amendment, but so that interest is payable only in respect of periods after that commencement.
This Act’s bill:Explanatory memorandum
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