Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 3 · Work Injury Compensation Insurance
31. Designation by Commissioner
Feedback & supportLast amended by an amending law of 2024.
The Commissioner may designate any licensed insurer, within the meaning of the Insurance Act 1966, that satisfies the prescribed requirements to be —
Commissioner
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968;
a designated employer’s insurer to provide insurance in respect of the liability of any employer to pay compensation under this Act; or
a designated PO’s insurer to provide insurance in respect of the liability of any platform operator to pay compensation under this Act.
For the purposes of subsection (1), the Minister may prescribe different requirements for licensed insurers to be a designated employer’s insurer or designated PO’s insurer.
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.
The Commissioner may, from time to time, impose conditions on any designated insurer, including a condition requiring the designated insurer to comply with specified standards of performance relating to the processing of claims under this Act.
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);
The Commissioner may, from time to time, modify or add to the conditions imposed on a designated insurer.
The Commissioner must, before modifying or adding to any conditions imposed on a designated insurer, give notice to the designated insurer concerned —
stating the modification or addition that the Commissioner intends to make; and
specifying the time within which the designated insurer may make written representations to the Commissioner with respect to the proposed modification or addition.
Where a designated insurer makes any representations under subsection (4)(b), the Commissioner must consider the representations and notify the designated insurer of the Commissioner’s decision.
Unless earlier cancelled under subsection (8)(a) or section 34, a person’s designation as a designated insurer expires at the end of the period (if any) specified by the Commissioner in the designation.
A designated insurer may apply, in the form and manner required by the Commissioner, for cancellation of the designation.
Where a designated insurer applies under subsection (7), the Commissioner may do one or more of the following:
cancel the designation with effect from a date specified by the Commissioner; (b)suspend the designation of the designated insurer for a period before the cancellation takes effect as specified by the Commissioner;
give a direction to the designated insurer not to enter into, renew or extend any approved policy; (d)require the designated insurer to take such action as the Commissioner requires to ensure that reasonable provision has been or will be made for any liability in respect of any approved policy before cancelling the designation.
When deciding any matter under subsection (8), the Commissioner must consider whether proper arrangements have been made to ensure that the designated insurer’s obligation to comply with every condition, direction and requirement mentioned in section 32(1) in respect of the following are met: (a)every approved policy and every insurance policy issued by that insurer that purports to insure an employer’s liability to pay compensation under this Act; (b)any payment insured, or purportedly insured, under such an insurance policy.
approved policy
“approved policy” means a policy of insurance, issued or renewed on or after 1 September 2020, that complies with section 26(1);
The following persons may, within the prescribed time, appeal to the Minister whose decision is final:
any licensed insurer that the Commissioner has refused to designate as a designated insurer;
any designated insurer that is aggrieved by any modification or addition of conditions imposed by the Commissioner;
any designated insurer that is aggrieved by the Commissioner’s decision on any matter under subsection (8).
A decision of the Commissioner under subsection (5) or (8) takes effect despite any pending appeal to the Minister against the decision.
A designated insurer whose designation, before the date of commencement of paragraph 13 of the Ninth Schedule to the Platform Workers Act 2024, has not expired or been earlier cancelled under subsection (8)(a) or section 34 is deemed to be a designated employer’s insurer for the remainder of the period (if any) specified by the Commissioner in the designation under subsection (6).