Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 3 · Work Injury Compensation Insurance
30. Offences relating to provision of insurance
Feedback & supportLast amended by an amending law of 2024.
A person other than a person mentioned in subsection (2) who offers, or enters into a contract, to provide insurance in respect of the liability of any employer to pay compensation under this Act shall be guilty of an offence and shall be liable —
employer
“employer” means any person (A) who employs an individual (B) under a contract of service and includes —(a)the Government, if B belongs to a class or description of employees of the Government declared to be employees for the purposes of this Act under paragraph (a) of the definition of “employee”;(b)the legal personal representative of A, if A is deceased;(c)a duly authorised agent or manager of A;(d)the person who owns or is carrying on, or for the time being is responsible for the management of, the profession, business, trade or work in which B is engaged; and(e)where B is employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of that club.
to a fine not exceeding $80,000 for each insurance policy to which the conviction under this subsection applies; and
if the person is a repeat offender, to a fine not exceeding $160,000 for each insurance policy to which the conviction under this subsection applies.
Only the following persons may offer or enter into a contract (as the case may be) to provide the insurance mentioned in subsection (1):
a designated employer’s insurer that is not suspended under section 31(8)(b) or 34(1)(a);
an insurance intermediary in respect of the insurance which is provided or to be provided by a designated employer’s insurer mentioned in paragraph (a).
A person other than a person mentioned in subsection (2B) who offers, or enters into a contract, to provide insurance in respect of the liability of any platform operator to pay compensation under this Act shall be guilty of an offence and shall be liable on conviction —
in the case of a first offence — to a fine not exceeding $80,000 for each insurance policy to which the conviction under this subsection applies; and
if the person is a repeat offender — to a fine not exceeding $160,000 for each insurance policy to which the conviction under this subsection applies.
Only the following persons may offer or enter into a contract (as the case may be) to provide the insurance mentioned in subsection (2A):
a designated PO’s insurer that is not suspended under section 31(8)(b) or 34(1)(a);
an insurance intermediary in respect of the insurance which is provided or to be provided by a designated PO’s insurer mentioned in paragraph (a).
In subsections (1)(b) and (2A)(b), “repeat offender”, in relation to an offence under subsection (1) or (2A) respectively, means a person who —
is convicted, or found guilty, of an offence under subsection (1) or (2A); and
has been convicted, or found guilty, of any of the following offences on at least one other earlier occasion:
an offence under subsection (1) (whether the conviction was before, on or after the date of commencement of paragraph 12 of the Ninth Schedule to the Platform Workers Act 2024);
an offence under subsection (2A).
A person (whether or not a designated insurer) who offers, or enters into a contract, to provide —
designated insurer
“designated insurer” means a licensed insurer, within the meaning of the Insurance Act 1966, that is designated by the Commissioner under section 31(1);
any insurance in respect of the liability of any employer to pay compensation under this Act which is not an approved employee insurance policy; or
any insurance in respect of the liability of any platform operator to pay compensation under this Act which is not an approved platform worker insurance policy,shall be guilty of an offence and shall be liable on conviction —
in the case of a first offence — to a fine not exceeding $80,000 for each insurance policy offered or provided in contravention of this subsection; and
if the person is a repeat offender — to a fine not exceeding $160,000 for each insurance policy offered or provided in contravention of this subsection.
In subsection (3)(d), “repeat offender”, in relation to an offence under subsection (3), means a person who —
is convicted, or found guilty, of an offence under subsection (3); and
has been convicted, or found guilty, of an offence under subsection (3) (whether the conviction was before, on or after the date of commencement of paragraph 12 of the Ninth Schedule to the Platform Workers Act 2024) on at least one other occasion.
It is not a defence to a charge for an offence under subsection (1), (2A) or (3) that the person did not know that the contract of insurance offered or entered into —
was in respect of the liability of any employer or platform operator (as the case may be) to pay compensation under this Act; or (b)was not an approved policy.
To avoid doubt, this section does not prohibit the making of an offer or contract to provide —
healthcare insurance, accident insurance or other insurance which does not insure or purport to insure the liabilities of the employer or platform operator (as the case may be) under this Act; or
any insurance that insures only liability in excess of the liability of the employer or platform operator (as the case may be) to pay compensation under this Act.
In this section, unless the context otherwise requires, a reference to offering to provide insurance in respect of any liability under this Act includes a reference to —
holding out as providing such insurance, whether to specific persons or to the public or any section of the public; and
making an offer to, or inviting an offer from, specific persons or the public or any section of the public to provide such insurance.