business.gov.au

Approval as a Self-Insurer - Victoria

Description

You will need this approval to manage and bear the cost of your own workers compensation claims.

An employer that is a body corporate may apply for approval. This includes workers employed by subsidiaries of the body corporate, if the body corporate is a holding company.

Any Victorian employer that pays more than $7500 a year in wages, or employs apprentices or trainees, is legally required to take out WorkSafe insurance. An employer that is approved as a self-insurer is not required to hold a WorkSafe insurance policy, but instead is required to bear the costs and risks of its own workers compensation claims.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Eligibility requirements

The application process has two stages. You must first apply for a determination of eligibility to apply for approval. The Agency will only make a determination if:

  • you have paid the prescribed fee
  • your organisation is capable of meeting its claims liabilities when they fall due
  • your organisation is not a subsidiary of another body corporate (other than a foreign company that is not registered in Australia under the Corporations Act).

The determination remains in force for twelve months, or until the Agency has decided whether to approve your organisation as a self-insurer.

To determine whether it is appropriate to grant approval, the Agency will consider a range of matters including:

  • whether your organisation is able to meet its liabilities when they fall due
  • whether your organisation has sufficient resources, including employees, to administer claims for compensation
  • the incidence of injuries to workers arising out of employment with your organisation and the cost of claims for those injuries
  • the safety of working conditions for workers employed by your organisation
  • your organisation's record of compliance with workplace insurance requirements.

You must also provide any supporting information required by the Agency and pay the relevant application fee.

Ongoing eligibility requirements

Ongoing requirements include:

  • submitting an annual return to enable the agency to determine the amount of contributions payable
  • obtaining the agency's approval for any person appointed to act as agent in carrying out the functions or powers of a self-insurer
  • ensuring that a guarantee is in force for liabilities incurred by the Agency in the event of your organisation's failure to meet its liabilities
  • having a contract of insurance in force for contingent liabilities.

The Agency may review your approval at any time. They will review your approval if your organisation appears to no longer meet the eligibility requirements, or under any of the following circumstances:

  • your organisation is under official management, is being wound up or has ceased to carry on business
  • your organisation is under receivership
  • your organisation has entered into a compromise or scheme of arrangement with its creditors.

Duration

Initial approval to self-insure is given for a period of three years. Renewals of self-insurer approvals after this have effect for a period of four years. WorkSafe may in certain circumstances allow approval to last for six years.

Fees

Fees Details for this service in table format.

Task Type Business Structure Description
Apply Application All

Please consult the responsible agency for further information.

Act(s) name

Workplace Injury Rehabilitation and Compensation Act 2013 Victoria

Administering agency

Department of Treasury and Finance

WorkSafe Victoria

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.