In forceAmended2020 Revised Edition

Contents

Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 3 · Work Injury Compensation Insurance

33. Collection and disclosure of information by Commissioner

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Amended

Last amended by an amending law of 2024.

(1)

For the purposes of this Act, the Commissioner may —

(a)

direct any designated insurer to submit to the Commissioner any information or returns to facilitate the administration of this Part, Part 3A and Part 4, which may include the following:

(i)

details of each approved policy (including the premium payable and any endorsements) provided by the designated insurer to an employer or a platform operator, as the case may be;

(ii)

the details and status of the processing of claims for compensation under this Act, and the settlement of claims under common law for damages relating to work injuries, for each employee of an employer or each platform worker of a platform operator (as the case may be) insured under any approved policy provided by the designated insurer;

(iii)

the details and status mentioned in sub‑paragraphs (i) and (ii) relating to —

(A)

any approved policy mentioned in section 23 of the repealed Act provided by the designated insurer before 1 September 2020; or (B)any insurance policy mentioned in section 26(3) provided by the designated insurer whether before, on or after the date the designated insurer is designated as a designated insurer;

(b)

require such information or returns to be submitted through an electronic system or in any other form and manner, and within the time, specified by the Commissioner; and

(c)

disclose or publish to any designated insurer the information specified in subsection (1A).

(1A)

The information mentioned in subsection (1)(c) is the following:

(a)

in relation to a designated employer’s insurer —

(i)

any information or returns obtained under subsection (1)(a) as the Commissioner thinks necessary for the purposes of this Act; and

(ii)

the following information derived from any information under the control of the Ministry of Manpower:

(A)

workforce data, including size and aggregated payroll for all, or any class of, employees of each employer insured under an approved employee insurance policy;

(B)

work injury claims data for all, or any class of, employees of each employer insured under an approved employee insurance policy;

(b)

in relation to a designated PO’s insurer —

(i)

any information or returns obtained under subsection (1)(a) as the Commissioner thinks necessary for the purposes of this Act; and

(ii)

the following information derived from any information under the control of the Ministry of Manpower:

(A)

workforce data, including size and aggregated earnings for all, or any class of, platform workers providing any platform service for each platform operator insured under an approved platform worker insurance policy;

(B)

work injury claims data for all, or any class of, platform workers providing any platform service for each platform operator insured under an approved platform worker insurance policy.

(2)

Section 2(3) of the Public Sector (Governance) Act 2018 applies in determining the information under the control of the Ministry of Manpower mentioned in subsection (1A)(a)(ii) and (b)(ii).

(3)

No liability shall lie against the Government, the Commissioner or any public officer or individual appointed under section 6(1) for any loss or damage suffered by any person by reason of any error or omission in any information or returns disclosed or published, in good faith and with reasonable care, under subsection (1)(c).

Terms defined in this Act

approved policy
Defined · s 2
“approved policy” means a policy of insurance, issued or renewed on or after 1 September 2020, that complies with section 26(1);
Open s 2
Commissioner
Defined · s 2
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968;
Open s 2
designated insurer
Defined · s 2
“designated insurer” means a licensed insurer, within the meaning of the Insurance Act 1966, that is designated by the Commissioner under section 31(1);
Open s 2
earnings
Defined · s 2
“earnings” means all remuneration payable to an employee in respect of work done under the employee’s contract of service, and includes —(a)privileges or benefits capable of being estimated in money and productivity incentive payments;(b)the value of any food or quarters supplied to the employee by the employer, if as a result of the accident the employee is deprived of such food or quarters; and(c)overtime payments or other special remuneration for work done, whether by way of bonus, allowance or otherwise, if of constant character or for work habitually performed, but does not include the following amounts:(d)travelling allowances;(e)payments for any travelling concessions;(f)contributions paid by the employer towards any pension or provident fund for the employee;(g)payments to the employee to cover any special expenses incurred by the employee by reason of the nature of the employee’s employment;
Open s 2
employee
Defined · s 3
“employee” means an individual who has entered into or works under a contract of service with an employer and —(a)includes every employee of the Government in a class or description declared by the President to be employees for the purposes of this Act; but(b)does not include any class of individuals specified in the Third Schedule;
Open s 3
employer
Defined · s 3
“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.
Open s 3
repealed Act
Defined · s 2
“repealed Act” means the Work Injury Compensation Act repealed by this Act;
Open s 2
work injury
Defined · s 2
“work injury”, in relation to an individual, means personal injury that is caused to the individual by an accident arising out of and in the course of the individual’s employment;
Open s 2