Workers’ Compensation and Rehabilitation Regulation 2025

This regulation may be cited as the Workers’ Compensation and Rehabilitation Regulation 2025.

This regulation commences on 1 September 2025.

Schedule 18 defines particular words used in this regulation.

For section 453(b) of the Act, WorkCover maintains capital adequacy if WorkCover’s total assets are at least equal to its total liabilities.

An application for a WorkCover policy must be made to WorkCover in the approved form.

On payment of the premium shown as payable in a premium notice issued by WorkCover to an employer, WorkCover must issue to the employer a policy, in the approved form, for the period of insurance stated in the notice.

A policy has no effect until—

WorkCover receives the premium payable to WorkCover for the policy or the policy’s renewal; or

WorkCover approves an instalment plan under section 10.

WorkCover must assess the premium payable under a policy for each period of insurance shown in a premium notice.

This section does not apply to a policy for household workers.

Each employer, other than a self-insurer, must, on or before 31 August in each year, give WorkCover a declaration of wages so WorkCover can assess the employer’s premium.

The declaration must be in—

the approved form; or

with WorkCover’s approval—another form acceptable to WorkCover.

If the employer gives WorkCover a declaration of wages after 31 August in a year, the employer must pay the additional premium stated in schedule 1 opposite the day when the employer gives WorkCover the declaration.

This section does not apply if the employer employs only household workers.

This section applies if a worker’s entitlements during a period of insurance include board provided by the employer.

The board is taken to be wages paid, or provided, by the employer to the worker.

For each week of board provided by the employer, the amount of wages under subsection (2) is the higher of the following—

the value of the board;

either—

if an industrial instrument that provides for a weekly allowance for board applies to the employment of the worker—the amount of the weekly allowance stated in the industrial instrument; or

if subparagraph (i) does not apply—6% of QOTE.

In this section—

board means accommodation, meals, laundry services or any other entitlement having a monetary value provided when lodging.

WorkCover may accept payment of a premium by instalments under an instalment plan approved by WorkCover if WorkCover is satisfied that payment of the premium by the due date would impose financial hardship on the employer.

The instalment plan is subject to the following conditions—

interest at an annual rate specified by WorkCover’s board by gazette notice must be added to the amount of each instalment;

interest must be calculated from the due date;

the interest rate that applies at the start of the instalment plan remains constant until the plan ends;

on approval of the instalment plan, the employer must, if required by WorkCover, enter into a payment arrangement acceptable to WorkCover;

if an instalment of premium is not paid on or before the due date for payment of the instalment—

the total amount of unpaid instalments and interest on unpaid instalments to that day immediately becomes payable to WorkCover; and

an additional premium under section 11 applies to the unpaid instalments and interest mentioned in subparagraph (i); and

the policy for which the premium is payable stops having effect.

Note—

See also section 48 of the Act for breach of the employer’s obligation to insure.

This section applies if an employer does not pay WorkCover, on or before the due date—

the amount stated in a premium notice; or

the amount by which a final assessment of an amount of premium by an industrial magistrate or the industrial court is more than the amount of premium paid under section 551(4) of the Act.

For sections 61 and 62 of the Act, the additional premium payable is—

if the amount mentioned in subsection (1) is paid to WorkCover within 30 days after the due date—5% of the amount; or

if the amount mentioned in subsection (1) is paid to WorkCover after 30 days but within 60 days after the due date—10% of the amount; or

if the amount mentioned in subsection (1) is paid to WorkCover after 60 days after the due date or if the amount is not paid—10% of the amount plus interest at the annual rate mentioned in section 10(2)(a) for the period that—

starts on the due date, or a later date decided by WorkCover; and

ends on the day the amount mentioned in subsection (1) and the additional premium under paragraph (a) or (b) is paid to WorkCover.

This section does not apply if—

the employer employs only household workers; or

WorkCover has approved an instalment plan under section 10 and the employer complies with the plan.

In this section—

due date means—

for an amount mentioned in subsection (1)(a)—the due date stated in the premium notice; or

for an amount mentioned in subsection (1)(b)—the last day of the period mentioned in section 62(1)(b) of the Act.

For section 569(2)(a) of the Act, the employer’s premium, for a financial year, is the amount calculated using the formula—

where—

rate means the rate for the employer’s industry or business specified by WorkCover by gazette notice under section 54(2) of the Act, or decided by WorkCover under section 54(3) of the Act, that applies to the financial year.

wages means—

the wages paid, or provided, by the employer for the preceding financial year; or

if the employer has been insured for only part of a financial year—a reasonable estimate of the wages that would have been paid, or provided, by the employer for the financial year.