109A

When an employer contravenes obligation not to pay compensation payable by WorkCover

Current

(1)

This section applies if an employer contravenes section 109(3).

(2)

WorkCover may require the employer to pay WorkCover an amount by way of penalty equal to 50% of the employer’s premium for the period of insurance.

(3)

WorkCover may recover the amount from the employer—

(a)

as a debt; or

(b)

as an addition to a premium payable by the employer.

(4)

The employer may apply in writing to WorkCover to waive or reduce the penalty because of extenuating circumstances.

(5)

The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.

(6)

WorkCover must consider the application and may—

(a)

waive or reduce the penalty; or

(b)

refuse to waive or reduce the penalty.

(7)

If the employer is aggrieved by WorkCover’s decision, the employer may have the decision reviewed under chapter 13.

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