Employers’ Indemnity Supplementation Fund Act 1980

 

Employers’ Indemnity Supplementation Fund Act 1980

Contents

Part I — Preliminary

1.Short title2

2.Commencement2

3.Terms used in this Act2

4.Act not to apply to insurance for certain industrial diseases3

Part II — Employers’ Indemnity Supplementation Fund

5.Establishment and constitution of Employers’ Indemnity Supplementation Fund5

6.Investment of moneys of Fund5

6A.Treasurer may direct payment of moneys to or from General Account6

7.Treasurer or Insurance Commission may make advances to Fund in event of insufficiency of moneys6

8.Application of Financial Management Act 2006 and Auditor General Act 20068

10.Payments charged to Fund8

Part III — Administration of Fund

11.WorkCover WA to administer Fund10

12.Evidence10

13.Powers of WorkCover WA10

Part IV — Surcharges on employers’ policies

14.Employers to pay surcharge to insurers11

15.Payment of amounts by insurers12

16.Self‑insurers to pay surcharge13

18.Refunds14

Part V — Payment of claims

19.Claims against Insurance Commission and insurers15

22.Payment of claims17

24.Effect of payment of claims17

25.Insurance Commission to be reimbursed out of Fund17

Part VII — Miscellaneous

35.Control of powers of liquidators of insurers19

36.Payment into Fund of moneys recovered by liquidators19

37.Rights of WorkCover WA against insurers21

38.Liquidators to notify Insurance Commission of dissolution of insurers21

38A.WorkCover WA may accept final payment from liquidator21

38B.WorkCover WA may advise Insurance Commission22

39.Protection of members of Insurance Commission and WorkCover WA’s governing body22

40.Regulations23

Notes

Compilation table24

Defined terms

 

Employers’ Indemnity Supplementation Fund Act 1980

An Act to establish the Employers’ Indemnity Supplementation Fund for the payment of certain claims for workers’ compensation and for damages arising from injury to, or the death of, a worker, and for purposes incidental thereto or connected therewith.

[Long title inserted: No. 49 of 1982 s. 2.]

Part I  Preliminary

1.Short title

This Act may be cited as the Employers’ Indemnity Supplementation Fund Act 1980 1.

[Section 1 amended: No. 49 of 1982 s. 3.]

2.Commencement

This Act shall come into operation on a date to be fixed by proclamation 1.

3.Terms used in this Act

In this Act, unless the contrary intention appears — 

Corporations Act means the Corporations Act 2001 of the Commonwealth;

employer has the same meaning as it has in the Workers’ Compensation and Injury Management Act 1981;

employer’s policy means — 

(a)a policy of insurance providing — 

(i)the cover required by section 160 of the Workers’ Compensation and Injury Management Act 1981; and

(ii)cover for an employer’s liability to pay damages at common law for injury to, or the death of, a worker employed by him;

and

(b)a policy of insurance providing either of those forms of cover,

and where an employer has more than one employer’s policy, as so defined, the expression the employer’s policy extends to all such policies;

Fund means Employers’ Indemnity Supplementation Fund established under section 5(1);

Insurance Commission means the body continued as the Insurance Commission of Western Australia under the Insurance Commission of Western Australia Act 1986;

insurer means incorporated insurance office approved under section 161 of the Workers’ Compensation and Injury Management Act 1981;

liquidator, in relation to an insurer, includes official manager, receiver or receiver and manager;

self‑insurer means employer whom, or employer belonging to a group of employers which, the Governor exempts under section 164 of the Workers’ Compensation and Injury Management Act 1981 from the obligation to insure pursuant to that Act except for the obligation to insure against liability to pay compensation for any industrial disease of the kinds referred to in section 151(a)(iii) of that Act;

surcharge period means a period the commencement and expiry times of which are prescribed by the regulations;

the appropriate surcharge has the meaning given by section 14(2);

Treasurer means Treasurer of the State;

WorkCover WA means the WorkCover Western Australia Authority referred to in the Workers’ Compensation and Injury Management Act 1981 section 94.

[Section 3 amended: No. 26 of 1981 s. 3 (as amended: No. 88 of 1981 s. 3); No. 49 of 1982 s. 4; No. 51 of 1986 s. 46(2); No. 86 of 1986 s. 3; No. 1 of 1993 s. 4 and 13; No. 45 of 1996 s. 38; No. 2 of 2001 s. 4; No. 20 of 2003 s. 21; No. 42 of 2004 s. 159(2) and 174.]

4.Act not to apply to insurance for certain industrial diseases

This Act does not apply to the insurance of an employer by the Insurance Commission under section 160 of the Workers’ Compensation and Injury Management Act 1981 against the liability of the employer to pay compensation under that Act for any industrial disease of the kinds referred to in section 151(a)(iii) of that Act.

[Section 4 inserted: No. 26 of 1981 s. 4 (as amended: No. 88 of 1981 s. 4); amended: No. 51 of 1986 s. 46(2); No. 1 of 1993 s. 13; No. 42 of 2004 s. 174.]

Part II  Employers’ Indemnity Supplementation Fund

[Heading amended: No. 49 of 1982 s. 5.]

5.Establishment and constitution of Employers’ Indemnity Supplementation Fund

(1)An agency special purpose account, to be kept by WorkCover WA and called the Employers’ Indemnity Supplementation Fund, is established under section 16 of the Financial Management Act 2006.

(2)The Fund shall consist of — 

(a)moneys received by WorkCover WA under Part IV or Part VII;

(b)income derived from the investment under section 6 of moneys standing to the credit of the Fund;

(c)moneys recovered by or on behalf of WorkCover WA under this Act;

(d)moneys advanced to the Fund; and

(e)such moneys, other than moneys referred to in paragraphs (a), (b), (c) and (d), as are lawfully credited to the Fund.

[Section 5 amended: No. 26 of 1981 s. 7; No. 49 of 1982 s. 6; No. 49 of 1996 s. 64; No. 42 of 2004 s. 159(3) and 159(13); No. 77 of 2006 s. 17.]

6.Investment of moneys of Fund

WorkCover WA — 

(a)may temporarily invest in such manner as the Treasurer approves any moneys standing to the credit of the Fund until those moneys are required for the purposes of this Act; and

(b)shall credit to the Fund all interest derived from investments made under this section.

[Section 6 amended: No. 98 of 1985 s. 3; No. 1 of 1993 s. 5; No. 49 of 1996 s. 64; No. 42 of 2004 s. 159(13).]

6A.Treasurer may direct payment of moneys to or from General Account

(1)If the Treasurer is satisfied that the amount of moneys standing to the credit of the Fund exceeds the amount of moneys that is reasonably required for the purposes of this Act, the Treasurer may direct WorkCover WA to transfer the whole or any part of that excess to the General Account for use in accordance with the provisions of the Workers’ Compensation and Injury Management Act 1981.

(2)Where moneys have been transferred to the General Account under subsection (1), the Treasurer may, before making an advance under section 7(1)(a), direct that an amount, not exceeding the amount of moneys so transferred, be transferred from the General Account to the Fund to make up or partially make up the insufficiency referred to in section 7(1).

(3)In this section —

General Account means the Workers’ Compensation and Injury Management General Account established under section 106 of the Workers’ Compensation and Injury Management Act 1981.

[Section 6A inserted: No. 1 of 1993 s. 6; amended: No. 49 of 1996 s. 64; No. 42 of 2004 s. 159(4) and (13), and 174; No. 77 of 2006 s. 17; No. 46 of 2009 s. 17.]

7.Treasurer or Insurance Commission may make advances to Fund in event of insufficiency of moneys

(1)If the Treasurer considers that the moneys standing to the credit of the Fund are at any time insufficient for the purposes of this Act — 

(a)the Treasurer may advance to WorkCover WA to be credited to the Fund; or

(b)the Insurance Commission may, at the request of the Treasurer, advance to WorkCover WA to be credited to the Fund from the Insurance Commission General Fund established under section 16 of the Insurance Commission of Western Australia Act 1986,

moneys sufficient for the time being to make up that insufficiency.

(2)Interest shall be payable on an advance made under subsection (1) at such rate and at such times as the Treasurer determines.

(3)As and when there are sufficient moneys standing to the credit of the Fund (in this section called the moneys available) to enable moneys advanced under subsection (1) (in this subsection called the moneys advanced) to be repaid, WorkCover WA shall from the moneys available repay the moneys advanced, together with interest referred to in subsection (2) — 

(a)in the case of moneys so advanced by the Treasurer, to the Treasurer; or

(b)in the case of moneys so advanced by the Insurance Commission, to the Insurance Commission and the Insurance Commission shall credit the moneys so repaid, together with that interest, into the Insurance Commission General Fund established under section 16 of the Insurance Commission of Western Australia Act 1986.

(4)Moneys advanced by the Treasurer or the Insurance Commission under subsection (1), together with interest thereon referred to in subsection (2), are, so long as those moneys and that interest remain unrepaid under subsection (3), a charge on the Fund.

[Section 7 amended: No. 26 of 1981 s. 5 and 7; No. 98 of 1985 s. 3; No. 51 of 1986 s. 46(2); No. 45 of 1996 s. 38; No. 49 of 1996 s. 64; No. 42 of 2004 s. 159(13).]

8.Application of Financial Management Act 2006 and Auditor General Act 2006

The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of WorkCover WA and its operations.

[Section 8 inserted: No. 98 of 1985 s. 3; No. 42 of 2004 s. 159(13); No. 77 of 2006 s. 17.]

[9.Deleted: No. 98 of 1985 s. 3.]

10.Payments charged to Fund

WorkCover WA may charge to the Fund — 

(a)any amounts required by this Act to be paid in settlement of any claim made under this Act;

(b)the amount of any expenses incurred by the Insurance Commission in the settlement of any claim made under this Act;

(ba)any amount required to be transferred under section 6A(1) to the General Account (as defined in section 6A(3));

(c)any amount required to be paid by way of repayment under section 7;

(d)any amount payable under section 18;

(e)any amounts required to be paid by way of reimbursement under section 25;

[(f)deleted]

(fa)any amounts required to be charged to the Fund under the Waterfront Workers (Compensation for Asbestos Related Diseases) Act 1986 or section 154AC of the Workers’ Compensation and Injury Management Act 1981; and

(g)the amount of any costs and expenses incurred in, or in connection with, the administration of the Fund.

[Section 10 amended: No. 26 of 1981 s. 7; No. 51 of 1986 s. 42(6); No. 84 of 1986 s. 11; No. 1 of 1993 s. 7; No. 49 of 1996 s. 64; No. 35 of 2004 s. 12; No. 42 of 2004 s. 159(5), (6) and (13); No. 77 of 2006 s. 17.]

Part III  Administration of Fund

11.WorkCover WA to administer Fund

WorkCover WA shall have the direction, control and management of the Fund.

[Section 11 amended: No. 26 of 1981 s. 7; No. 42 of 2004 s. 159(13).]

12.Evidence

When a document purporting to bear the common seal of WorkCover WA and the signatures of the members of WorkCover WA’s governing body is produced before any court, judge or person acting judicially, that court, judge or person shall, unless the contrary is proved, presume that — 

(a)that document bears that common seal and those signatures; and

(b)that seal was duly affixed to, and those signatures were duly inscribed on, that document.

[Section 12 amended: No. 26 of 1981 s. 7; No. 42 of 2004 s. 159(7) and (13).]

13.Powers of WorkCover WA

WorkCover WA has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions under this Act and, in particular, without limiting the generality of the foregoing — 

(a)to take any action necessary to recover moneys payable to the Fund and such debts as may be owing to the Fund;

(b)to incur any necessary legal and other costs in actions arising from the operation of the Fund; and

(c)to refund any moneys that are refundable under this Act.

[Section 13 amended: No. 26 of 1981 s. 7; No. 49 of 1996 s. 64; No. 42 of 2004 s. 159(13).]

Part IV  Surcharges on employers’ policies

14.Employers to pay surcharge to insurers

(1)An employer who, during a surcharge period, obtains from an insurer an employer’s policy providing any cover for liability of the employer arising during the surcharge period shall pay to the insurer the appropriate surcharge in respect of the employer’s policy.

(2)The appropriate surcharge is an amount equal to the prescribed percentage, at the time the policy was obtained, of the amount of any premium payable under the policy in respect of cover for liability of the employer arising during a surcharge period.

(3)The percentage prescribed for the purposes of subsection (2) cannot exceed 5% and after 30 June 2006 cannot exceed 1%.

(3a)Different percentages may be prescribed to apply during different parts of a particular surcharge period but only one percentage can apply at any particular time.

(4)An employer referred to in subsection (1) shall pay the appropriate surcharge — 

(a)if that employer pays any moneys to an insurer by way of premium in respect of an employer’s policy before the date on which insurance cover under the employer’s policy begins or the employer’s policy is renewable, on the date on which those moneys are paid;

(b)if that employer pays any additional moneys to an insurer by way of premium, which payment is made as a result of an adjustment of premium, on the date on which those moneys are paid; or

(c)in any case other than the cases referred to in paragraphs (a) and (b), on the date on which the amount of premium in respect of which the appropriate surcharge is payable is paid.

[Section 14 amended: No. 2 of 2001 s. 5.]

15.Payment of amounts by insurers

(1)An insurer shall, within 21 days after the end of each month — 

(a)pay to WorkCover WA all amounts received by the insurer under section 14 during that month; and

(b)forward to WorkCover WA a statement in writing — 

(i)setting out the amounts received by the insurer by way of premiums in respect of employers’ policies during that month and such other particulars, if any, as are prescribed; and

(ii)verified by a statutory declaration made by an officer of the insurer authorised in writing by the insurer for the purpose of this subparagraph.

(2)A member of the staff of WorkCover WA authorised in writing by the Chairman of WorkCover WA’s governing body for the purpose of this section — 

(a)may at any reasonable hour of the day enter the premises of an insurer and inspect any books or documents of the insurer relating to — 

(i)any amounts received by the insurer under section 14; or

(ii)any statement forwarded to WorkCover WA by the insurer under subsection (1);

but

(b)is not authorised by this subsection to remain on any premises, or to inspect any book or documents, referred to in paragraph (a) if, on being requested by the person in charge of those premises to produce evidence in writing of his authority, he does not produce that evidence.

(3)A person shall not obstruct, threaten or intimidate a member of the staff of WorkCover WA authorised under subsection (2) in the exercise of the powers conferred on him by that subsection.

Penalty: $500.

[Section 15 amended: No. 26 of 1981 s. 7; No. 42 of 2004 s. 159(8) and (13).]

16.Self‑insurers to pay surcharge

(1)A self‑insurer shall pay to WorkCover WA — 

(a)in the case of an employer who becomes a self‑insurer before or on the commencement of a surcharge period, within one month after that commencement; or

(b)in the case of an employer who becomes a self‑insurer during a surcharge period, within one month after becoming a self‑insurer,

and thereafter once in each succeeding period of 12 months any of which is during a surcharge period an amount assessed by WorkCover WA.

(2)The amount assessed by WorkCover WA under subsection (1) shall be an amount equal to the amount of the surcharge that would have been payable by the self‑insurer under this Act in relation to an employer’s policy obtained under section 160 of the Workers’ Compensation and Injury Management Act 1981 had he been an employer who was not a self‑insurer.

(3)Nothing in this section affects the obligations of a self‑insurer to pay the appropriate surcharge under section 14 in respect of an employer’s policy providing cover for his liability to pay damages at common law for injury to, or the death of, a worker.

[Section 16 amended: No. 26 of 1981 s. 7; No. 49 of 1982 s. 7; No. 1 of 1993 s. 13; No. 2 of 2001 s. 6; No. 42 of 2004 s. 159(9) and (13), and 174.]

[17.Deleted: No. 2 of 2001 s. 7.]

18.Refunds

(1)If an employer is entitled to receive from an insurer a refund of an amount paid by way of premium in respect of an employer’s policy, the insurer shall, in addition to any amount paid to the employer by way of refund of premium, pay to the employer by way of refund of the surcharge paid by the employer under section 14 an amount that represents a proportionate part of that surcharge.

(2)When an insurer pays an amount by way of refund of surcharge under subsection (1), WorkCover WA shall, on application by the insurer, pay to the insurer from moneys standing to the credit of the Fund an amount equal to the amount so paid by the insurer.

(2a)The regulations may provide for refunds of amounts of surcharge paid if the surcharge period on the basis of which the surcharge was calculated is shortened.

(3)If WorkCover WA finds that there has been an overpayment credited to the Fund of an amount payable to WorkCover WA under this Act, WorkCover WA shall pay from moneys standing to the credit of the Fund to the person who made that overpayment a refund of the amount by which the amount so payable was overpaid and credited to the Fund.

[Section 18 amended: No. 26 of 1981 s. 7; No. 49 of 1996 s. 64; No. 2 of 2001 s. 8; No. 42 of 2004 s. 159(13).]

Part V  Payment of claims

19.Claims against Insurance Commission and insurers

(1)If, on or after 1 January 1979 — 

(a)a final judgment has been given, or an order or award has been made, against an employer in respect of his liability under the Workers’ Compensation and Injury Management Act 1981 or at common law, for an injury to, or the death of, a worker employed by the employer;

(b)the liability of the employer under the judgment, order or award referred to in paragraph (a) is covered by an employer’s policy; and

(c)the insurer who issued the employer’s policy referred to in paragraph (b) is dissolved under a law of — 

(i)the State; or

(ii)another State, or a Territory, of the Commonwealth,

or is unable to provide the indemnity required by that employer’s policy to be provided,

the person in whose favour the judgment, order or award referred to in paragraph (a) was given or made, as the case requires, or, if the employer against whom that judgment, order or award has been given or made has paid the amount of that judgment, order or award, that employer may make a claim against the Insurance Commission for payment or reimbursement, as the case requires, of the amount of that judgment, order or award.

(2)If, on or after 1 January 1979 — 

(a)a person is entitled to make a claim against an employer, not being a claim relating to a judgment, order or award referred to in subsection (1), that the employer is liable to pay compensation under the Workers’ Compensation and Injury Management Act 1981, or damages at common law, for an injury to, or the death of, a worker employed by the employer;

(b)the liability of the employer referred to in paragraph (a) to pay the compensation or damages referred to in that paragraph is covered by an employer’s policy; and

(c)the insurer who issued the employer’s policy referred to in paragraph (b) is dissolved under a law of — 

(i)the State; or

(ii)another State, or a Territory, of the Commonwealth,

or is unable to provide the indemnity required by that employer’s policy to be provided,

the person referred to in paragraph (a) or, if the employer against whom that person is entitled to make the claim referred to in that paragraph has paid the amount of compensation or damages sought by that claim, that employer may make a claim against the Insurance Commission for payment or reimbursement, as the case requires, of the amount of compensation or damages referred to in paragraph (a).

(3)A person or employer making a claim under subsection (1) or (2) shall — 

(a)do so in writing; and

(b)lodge the claim with the Insurance Commission, together with a copy of any judgment, order or award to which the claim relates.

[(4) deleted]

(5)In subsection (2) — 

compensation includes — 

(a)an amount in settlement of a claim for compensation; and

(b)all amounts payable under Schedule 1 to the Workers’ Compensation and Injury Management Act 1981;

damages includes an amount in settlement of a claim for damages.

[Section 19 amended: No. 26 of 1981 s. 6. (as amended: No. 88 of 1981 s. 5); No. 49 of 1982 s. 8; No. 51 of 1986 s. 46(2); No. 1 of 1993 s. 8 and 13; No. 42 of 2004 s. 174.]

[20, 21.Deleted: No. 1 of 1993 s. 9.]

22.Payment of claims

The Insurance Commission shall pay to a claimant such amount as is necessary to satisfy a claim lodged under section 19(3).

[Section 22 inserted: No. 1 of 1993 s. 10.]

[23.Deleted: No. 1 of 1993 s. 10.]

24.Effect of payment of claims

When an amount is paid to a claimant under this Act in settlement of a claim thereunder, that payment operates to discharge the liability of the Insurance Commission.

[Section 24 amended: No. 51 of 1986 s. 46(2).]

25.Insurance Commission to be reimbursed out of Fund

(1)The Insurance Commission shall, within 14 days of the end of each month, submit to WorkCover WA a return setting out all payments made, and expenses incurred, by the Insurance Commission under this Act during that month.

(2)WorkCover WA shall, within 7 days of receiving a return submitted to it under subsection (1), reimburse the Insurance Commission from moneys standing to the credit of the Fund in respect of all payments and expenses set out in that return.

[Section 25 amended: No. 26 of 1981 s. 7; No. 51 of 1986 s. 46(2); No. 49 of 1996 s. 64; No. 42 of 2004 s. 159(13).]

[26.Deleted: No. 51 of 1986 s. 46(2).]

[Part VI (s. 27‑34) deleted: No. 42 of 2004 s. 159(10).]

Part VII  Miscellaneous

35.Control of powers of liquidators of insurers

(1)The liquidator of an insurer may exercise his or her powers under section 477 of the Corporations Act with respect to any claim, judgment, order or award arising out of or in relation to an employer’s policy issued by the insurer subject to the following —

(a)the liquidator may not exercise his or her powers under section 477(1) of the Corporations Act without the authority of the Insurance Commission;

(b)section 477(1)(b) applies as if “subject to the provisions of section 556,” were deleted;

(c)section 477(2A) and (2B) apply as if the references in them to the approval of the Court, of the committee of inspection or of a resolution of the creditors were references to the approval of the Insurance Commission.

(2)Subsection (1) is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to section 477 of that Act.

[Section 35 inserted: No. 20 of 2003 s. 22.]

36.Payment into Fund of moneys recovered by liquidators

(1)If — 

(a)an insurer is, under a contract of reinsurance, insured against liability in respect of employers’ policies issued by the insurer and that liability is incurred by the insurer;

(b)any part of the liability of the insurer referred to in paragraph (a) is met by moneys paid by the Insurance Commission under this Act; and

(c)an amount in respect of that part of the liability of the insurer referred to in paragraph (b) is received by the liquidator of that insurer from the reinsurer concerned,

the liquidator of the insurer referred to in paragraph (a) shall pay the amount so received from the reinsurer, after the deduction of any expenses of or incidental to getting in that amount, to WorkCover WA, in priority to all payments in respect of the debts referred to in section 556 of the Corporations Act, to the credit of the Fund.

(2)If the liquidator of an insurer recovers any amount due to the insurer as a consequence of the payment, with moneys charged to the Fund, of any part of a claim, judgment, order or award arising out of or in relation to an employer’s policy issued by the insurer, that liquidator shall pay the amount so recovered, after the deduction of any expenses of or incidental to the recovery of that amount, to WorkCover WA, in priority to all payments in respect of debts referred to in section 556 of the Corporations Act, to the credit of the Fund.

(3)Subject to section 38A, this section has effect notwithstanding any agreement to the contrary, whenever made.

(4)The payment of an amount referred to in subsection (1) or (2) is declared to be an excluded matter for the purposes of section 5F of the Corporations Act in relation to that Act to the extent to which the payment of the amount is governed by subsection (1) or (2).

[Section 36 amended: No. 26 of 1981 s. 7; No. 10 of 1982 s. 28; No. 51 of 1986 s. 46(2); No. 1 of 1993 s. 11; No. 49 of 1996 s. 64; No. 2 of 2001 s. 9; No. 20 of 2003 s. 23; No. 42 of 2004 s. 159(13).]

37.Rights of WorkCover WA against insurers

If — 

(a)an insurer is unable to provide to an employer the indemnity required to be provided by an employer’s policy issued by the insurer;

(b)any part of the liability of the employer referred to in paragraph (a) is met by moneys standing to the credit of the Fund under this Act; and

(c)the moneys referred to in paragraph (b), or part thereof, are or is not paid to WorkCover WA under section 36,

WorkCover WA has the same rights against the insurer referred to in paragraph (a) as the employer referred to in that paragraph to the extent that the moneys referred to in paragraph (b), or part thereof, are or is not paid to WorkCover WA under section 36.

[Section 37 amended: No. 26 of 1981 s. 7; No. 49 of 1996 s. 64; No. 42 of 2004 s. 159(13).]

38.Liquidators to notify Insurance Commission of dissolution of insurers

If the liquidator of an insurer applies to a court under a law of — 

(a)the State; or

(b)another State, or a Territory, of the Commonwealth,

for an order that the insurer be dissolved, that liquidator shall notify the Insurance Commission in writing of the making of that application and shall serve on the Insurance Commission a copy of any order made by the court on that application.

[Section 38 amended: No. 51 of 1986 s. 46(2).]

38A.WorkCover WA may accept final payment from liquidator

(1)WorkCover WA may accept from the liquidator of an insurer an amount, as agreed between WorkCover WA and the liquidator, for crediting to the Fund in full and final satisfaction of all rights, whether actual, contingent or prospective, that WorkCover WA has or may have against the liquidator or the insurer under this Act.

(2)Without limiting the operation of subsection (1), where WorkCover WA accepts an amount from the liquidator of an insurer under that subsection, the acceptance has effect to discharge any liability the liquidator might otherwise have to make payments under section 36.

[Section 38A inserted: No. 1 of 1993 s. 12; amended: No. 49 of 1996 s. 64; No. 42 of 2004 s. 159(13).]

38B.WorkCover WA may advise Insurance Commission

(1)WorkCover WA may, if the Insurance Commission requests it to do so, advise the Insurance Commission as to the performance of any function of the Insurance Commission under this Act.

(2)The Insurance Commission may have regard to any advice given to it by WorkCover WA as to the performance of any function of the Insurance Commission under this Act.

[Section 38B inserted: No. 42 of 2004 s. 159(11).]

39.Protection of members of Insurance Commission and WorkCover WA’s governing body

An action or proceeding, civil or criminal, does not lie against a member of WorkCover WA’s governing body or against the Insurance Commission for or in respect of any act or thing done in good faith under or purportedly under this Act by that member or by the Insurance Commission.

[Section 39 amended: No. 26 of 1981 s. 7; No. 51 of 1986 s. 46(2); No. 42 of 2004 s. 159(12).]

40.Regulations

The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for giving effect to the purposes of this Act.

 

Notes

1This is a compilation of the Employers’ Indemnity Supplementation Fund Act 1980 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Short title

Number and year

Assent

Commencement

Workers’ Compensation Supplementation Fund Act 1980 2

80 of 1980

5 Dec 1980

8 May 1981 (see s. 2 and Gazette 8 May 1981 p. 1402)

Workers’ Compensation Supplementation Fund Amendment Act 1981

26 of 1981
(as amended by No. 88 of 1981 s. 2‑5)

26 May 1981

s. 5 and 6(2): 26 May 1981 (see s. 2(1));
balance: 3 May 1982 (see s. 2(2)‑(5) and Gazette 8 Apr 1982 p. 1205)

Companies (Consequential Amendments) Act 1982 s. 28

10 of 1982

14 May 1982

1 Jul 1982 (see s. 2(1) and Gazette of 25 Jun 1982 p. 2079)

Workers’ Compensation Supplementation Fund Amendment Act 1982

49 of 1982

6 Sep 1982

6 Sep 1982

Acts Amendment (Financial Administration and Audit) Act 1985 s. 3

98 of 1985

4 Dec 1985

1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255)

State Government Insurance Commission Act 1986 s. 46(2)

51 of 1986

5 Aug 1986

1 Jan 1987 (see s. 2 and Gazette 19 Dec 1986 p. 4859)

Waterfront Workers (Compensation for Asbestos Related Diseases) Act 1986 s. 11

84 of 1986

5 Dec 1986

5 Dec 1986 (see s. 2)

Acts Amendment (Workers’ Compensation and Assistance) Act 1986 Pt. II

86 of 1986

5 Dec 1986

2 Jan 1987

Employers’ Indemnity Supplementation Fund Amendment Act 1993 3

1 of 1993

19 Jul 1993

19 Jul 1993 (see s. 2)

Reprint of the Employers’ Indemnity Supplementation Fund Act 1980 as at 7 Dec 1994
(includes amendments listed above)

Acts Amendment (ICWA) Act 1996 s. 38

45 of 1996

25 Oct 1996

1 Oct 1997 (see s. 2 and Gazette 23 Sep 1997 p. 5357)

Financial Legislation Amendment Act 1996 s. 64

49 of 1996

25 Oct 1996

25 Oct 1996 (see s. 2(1))

Employers’ Indemnity Supplementation Fund Amendment Act 2001

2 of 2001

7 Jun 2001

7 Jun 2001 (see s. 2)

Corporations (Consequential Amendments) Act (No. 2) 2003 Pt. 8

20 of 2003

23 Apr 2003

15 Jul 2001 (see s. 2(1) and Cwlth Gazette 13 Jul 2001 No. S285)

Reprint 2: The Employers’ Indemnity Supplementation Fund Act 1980 as at 16 May 2003 (includes amendments listed above)

Workers’ Compensation (Common Law Proceedings) Act 2004 s. 12

35 of 2004

25 Oct 2004

25 Oct 2004 (see s. 2(1))

Workers’ Compensation Reform Act 2004 s. 159 and 174 

42 of 2004

9 Nov 2004

4 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7131)

Financial Legislation Amendment and Repeal Act 2006 s. 17

77 of 2006

21 Dec 2006

1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)

Reprint 3: The Employers’ Indemnity Supplementation Fund Act 1980 as at 16 Nov 2007 (includes amendments listed above)

Statutes (Repeals and Minor Amendments) Act 2009 s. 17

46 of 2009

3 Dec 2009

4 Dec 2009 (see s. 2(b))

 

2Now known as the Employers’ Indemnity Supplementation Fund Act 1980; short title changed (see note under s. 1).

3The Employers’ Indemnity Supplementation Fund Amendment Act 1993 s. 5(2) and 15 read as follows: 

5.Section 6 amended and transitional provision

(2)The Commission as defined in the principal Act may deal with investments made under section 6 of the principal Act before the commencement of this Act as if those investments had been made under that section as amended by subsection (1).

15.Saving

Notwithstanding the amendments and repeals effected by sections 8, 9 and 10 of this Act, sections 20, 21, 22 and 23 of the principal Act as in force immediately before the commencement of this Act continue to apply in respect of claims that had been lodged with the liquidator of an insurer under section 19(4) of the principal Act before the commencement of this Act as if this Act had not been enacted.

”.

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

compensation19(5)

Corporations Act3

damages19(5)

employer3

employer’s policy3

Fund3

General Account6A(3)

Insurance Commission3

insurer3

liquidator3

self‑insurer3

surcharge period3

the appropriate surcharge3

the employer’s policy3

the moneys advanced7(3)

the moneys available7(3)

Treasurer3

WorkCover WA3