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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3534 ..


(j) a written agreement by the applicant to-

(i) allow an inspector to inspect the workplaces in the ACT in relation to which the applicant is applying to be a self-insurer; and

(ii) make any reasonable changes asked for in writing by the inspector;

(k) the name, address in the ACT and phone number of a person nominated by the applicant to be a contact officer to provide information about claims under the Act to the Minister;

(l) evidence that the applicant has in place an occupational health and safety management system that complies with Australian Standard 4801.

Note Australian Standard 4801 is Occupational Health and Safety Management Systems-specification with guidance for use.

(2) The Minister may, in writing, require further information from the insurer that provides evidence that the insurer is financially and prudentially sound.

(3) For subregulation (1) (e), the actuarial report must contain the following:

(a) an estimate of the applicant's current outstanding liability in relation to compensable injuries (the current liability );

(b) an estimate of the total of the applicant's expected liability for each year in relation to which the applicant is applying to be a self-insurer (the expected liability );

(c) an estimate of the total of the expected payments in satisfaction of the applicant's liability for compensable injuries that will be made for each year in relation to which the applicant is applying to be a self-insurer (the expected payout).

(4) For subregulation (1) (f), the guaranteed amount is the greater of the following amounts:

(a) $2 500 000;

(b) an amount equal to the sum of the current liability and the factored expected liability, less the expected payout.

(5) In this regulation:

108 corresponding approval means an approval under a law of a State or another Territory that has the same effect or substantially the same effect as an approval under this part.

109 factored expected liability means an amount equal to 1.5 times the expected liability.

110 OH&S policy , of an applicant, means a policy developed and maintained by the applicant under the Occupational Health and Safety Act 1989, section 27 (2) (e).

44 Minister may exempt

(1) On application under regulation 43, the Minister may, in writing, exempt the employer from the requirement to comply with the Act, section 16C (1) (which requires employers to maintain a compulsory insurance policy with an approved insurer).

(2) The Minister may exempt an employer only if satisfied that the employer will be able to meet the employer's future liability under the Act.

(3) Also, the Minister may approve an employer only if satisfied that the insurer will comply with the conditions on the exemption.


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