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2004-2005 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 (Mr Bowen) A Bill for an Act to provide for the establishment and administration of a scheme to guarantee the payment of wages and other accrued liabilities owed to employees in the event of employer insolvency, and for related purposesContents Part 1--Preliminary 1 1 Short title.......................................................................................1 2 Commencement .............................................................................1 3 Object of this Act ...........................................................................2 4 Non-application of this Act to employment by government or local government agencies..........................................................2 5 Extension to Territories ..................................................................2 Part 2--Interpretation 3 6 Interpretation .................................................................................3 7 Insolvency .....................................................................................4 Part 3--Employee Entitlements Protection Insurance 6 Division 1--Policy of employee entitlements protection insurance 6 8 Nature of policy of employee entitlements protection insurance .......................................................................................6 9 Extent of employee's protection......................................................6 Division 2--Obligation to hold insurance 7 10 Obligation to hold employee entitlements protection insurance .......................................................................................7 11 Exempt employers, partial exemptions etc ......................................7 Division 3--Information about insurance 8 12 Employer to give information to employees about employee entitlements protection insurance....................................................8 13 Requests for information ................................................................8 14 Insurer to notify policy of employee entitlements protection insurance .......................................................................................8 15 Commissioner to give information on request to employee ..............9 Part 4--Approved insurers 9 Division 1--Approved insurer agreement 9 16 Meaning of approved insurer ..........................................................9 17 Withdrawal from scheme..............................................................10 Division 2--The nominal insurer scheme 10 18 The Commissioner to be nominal insurer ......................................10 19 Approved insurers to contribute to costs of claims against nominal insurer............................................................................10 i Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005
Division 3--Bad risk cross-subsidisation scheme 11 20 Establishment of scheme ..............................................................11 21 Contributions to scheme...............................................................11 22 Entitlements under scheme...........................................................12 Part 5--Claims 12 23 Entitlement to make claim............................................................12 24 Making of claim...........................................................................13 25 Insurer against whom claim is to be made .....................................13 26 Insurer's response to claim............................................................13 27 Conciliation of disputes................................................................14 28 Proceedings in court....................................................................14 29 Insurer's rights of subrogation.......................................................14 Part 6--Administration 14 30 Commissioner responsible for general administration of Act .........14 31 Powers of the Commissioner ........................................................15 32 Supervisory powers--Commissioner may obtain information and material .................................................................................15 33 Secrecy........................................................................................16 34 Delegation ...................................................................................18 35 Annual report...............................................................................18 Part 7--Miscellaneous 18 36 Returns........................................................................................18 37 False or misleading information in claims .....................................19 38 Application of the Criminal Code .................................................19 39 Regulations..................................................................................19 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 ii
1 A Bill for an Act to provide for the establishment 2 and administration of a scheme to guarantee the 3 payment of wages and other accrued liabilities 4 owed to employees in the event of employer 5 insolvency, and for related purposes 6 The Parliament of Australia enacts: 7 Part 1--Preliminary 8 1 Short title 9 This Act may be cited as the Employee Protection (Employee 10 Entitlements) Act 2005. 11 2 Commencement 12 (1) Subject to subsection (2), this Act commences on a day to be fixed 13 by Proclamation. 14 (2) If this Act does not commence under subsection (1) within the 15 period of 6 months beginning on the day on which this Act 16 receives the Royal Assent, it commences on the first day after the 17 end of that period. Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 1
Part 2 Interpretation Section 3 1 3 Object of this Act 2 (1) The object of this Act is to protect the interests of employees in the 3 event of the insolvency of their employers. 4 (2) The principal means adopted for the achievement of this object are 5 the following: 6 (a) to establish a scheme of employee entitlements protection 7 insurance; and 8 (b) to require employers to insure their workforces under the 9 scheme; and 10 (c) to provide for the determination and enforcement of claims 11 under the scheme. 12 4 Non-application of this Act to employment by government or local 13 government agencies 14 This Act does not apply to a contract of employment, or the parties 15 to a contract of employment, if: 16 (a) the employer is the Crown, or an agency, instrumentality or 17 representative of the Crown, in right of the Commonwealth, a 18 State or a Territory; or 19 (b) the employer is a body established under a law of the 20 Commonwealth, a State or a Territory conferring powers of 21 local government on the body. 22 5 Extension to Territories 23 This Act: 24 (a) extends to the Territory of Cocos (Keeling) Islands and the 25 Territory of Christmas Island; and 26 (b) has effect as if those Territories were part of Australia. 2 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005
Interpretation Part 2 Section 6 1 Part 2--Interpretation 2 6 Interpretation 3 In this Act, unless the contrary intention appears: 4 approved insurer has the meaning given in section 16. 5 Commissioner means the Insurance and Superannuation 6 Commissioner appointed under the Insurance and Superannuation 7 Commissioner Act 1987, or a person for the time being acting as 8 Insurance and Superannuation Commissioner under that Act. 9 contract of employment includes: 10 (a) a contract of apprenticeship; 11 (b) a contract under which a person works for commission; 12 (c) a contract that is wholly or principally for the labour of a 13 person; 14 (d) a contract under which a person performs or presents, or 15 participates in the performance or presentation of, any music, 16 play, dance, entertainment, sport, display or promotional 17 activity or any similar activity involving the exercise of 18 intellectual, artistic, musical, physical or other personal 19 skills; 20 (e) a contract under which a person provides services in 21 connection with an activity referred to in paragraph (c); 22 (f) a contract under which a person performs services in, or in 23 connection with, the making of any film, tape or disc or of 24 any television or radio broadcast. 25 employer means a person who is liable to pay for the services of 26 another under a contract of employment and includes a former 27 employer. 28 employee means a person who provides services under a contract 29 of employment and includes a former employee. 30 insolvent has the meaning given by section 7. Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 3
Part 2 Interpretation Section 7 1 insurer means: 2 (a) a person authorised by the Insurance Act 1973 or a law of a 3 State to carry on insurance business; or 4 (b) a body corporate that is, under the law of a State, responsible 5 for administering a scheme of workers compensation; 6 and includes the nominal insurer. 7 nominal insurer means the Commissioner in the Commissioner's 8 capacity as nominal insurer under this Act. 9 relevant conciliation procedures means procedures for the 10 settlement of claims under this Act by conciliation prescribed: 11 (a) in the case of a claim against an approved insurer--in the 12 agreement between the Commissioner and the insurer; or 13 (b) in the case of a claim against the nominal defendant--in the 14 regulations. 15 wages includes any payment made, or to be made, by an employer 16 to or for the benefit of an employee under a contract of 17 employment. 18 workforce means the total body of an employer's employees (and, 19 if an employer has only one employee, is a reference to that 20 employee). 21 year means calendar year. 22 7 Insolvency 23 (1) A person is insolvent if the person is unable to pay debts as they 24 fall due. 25 (2) Without limiting subsection (1), an individual is to be regarded as 26 insolvent if the individual: 27 (a) has become bankrupt; or 28 (b) has applied to take the benefit of a law for the benefit of 29 bankrupt or insolvent debtors; or 30 (c) has compounded with his or her creditors; or 4 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005
Employee Entitlements Protection Insurance Part 3 Section 7 1 (d) has assigned his or her remuneration for the benefit of 2 creditors. 3 (3) Without limiting subsection (1), a company is to be regarded as 4 insolvent if: 5 (a) the company has entered into a compromise or arrangement 6 with its creditors, or a class of its creditors, and the 7 administration of the compromise or arrangement has not yet 8 ended; or 9 (b) a receiver, or a receiver and manager, of property of the 10 company has been appointed and is acting; or 11 (c) the company is under administration within the meaning of 12 the Corporations Law; or 13 (d) the company has executed a deed of company arrangement 14 under Part 5.3 of the Corporations Law and the arrangement 15 has not yet terminated; or 16 (e) the company is under official management; or 17 (f) the company is being wound up; or 18 (g) a provisional liquidator has been appointed for the company 19 and has not since been removed. Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 5
Part 3 Employee Entitlements Protection Insurance Division 1 Policy of employee entitlements protection insurance Section 8 1 Part 3--Employee Entitlements Protection 2 Insurance 3 Division 1--Policy of employee entitlements protection 4 insurance 5 8 Nature of policy of employee entitlements protection insurance 6 A policy of employee entitlements protection insurance is a policy 7 of insurance under which an approved insurer insures an 8 employer's workforce against loss resulting from the employer's 9 insolvency. 10 9 Extent of employee's protection 11 An employee is entitled to be indemnified under a policy of 12 employee entitlements protection insurance for liabilities of the 13 following kinds owed by an insolvent employer to the employee: 14 (a) a liability for unpaid wages; 15 (b) a liability resulting from termination of employment without 16 notice or with insufficient notice; 17 (c) a liability for annual leave or long service leave; 18 (d) a liability for repayment of a premium or other amount paid 19 by the employee to the employer for training in a particular 20 trade or profession; 21 (e) a liability for payment relating to redundancy or termination 22 payments as provided for under the relevant employment's 23 instrument or an order of an industrial tribunal; and 24 (f) a liability of the employer outstanding in respect of the 25 employer's superannuation obligations under legislation or 26 under the relevant employment instrument. 6 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005
Employee Entitlements Protection Insurance Part 3 Obligation to hold insurance Division 2 Section 10 1 Division 2--Obligation to hold insurance 2 10 Obligation to hold employee entitlements protection insurance 3 An employer (other than an exempt employer) must take out, and 4 maintain, a policy of employee entitlements protection insurance 5 with an approved insurer for the employer's workforce. 6 Penalty: 150 penalty units. 7 11 Exempt employers, partial exemptions etc 8 (1) An employer is exempt from the requirement to hold a policy of 9 employee entitlements protection insurance if: the employer's 10 employees are not employed for the purposes of a trade or business 11 carried on by the employer. 12 (2) An employer is exempt from the requirement to hold a policy of 13 employee entitlements protection insurance if the employer 14 employs fewer than 20 employees. 15 (3) The Commissioner, if satisfied that other satisfactory arrangements 16 have been made by the employer, may issue a certificate in writing 17 exempting an employer from the obligation to hold employee 18 entitlements protection insurance in respect of all or any of the 19 matters set out in section 9. 20 (4) Where, because of the provisions of subsection (3), the 21 Commissioner issues a certificate exempting an employer from the 22 obligation to hold employee entitlements protection insurance in 23 respect of some of the matters set out in section 9, the 24 Commissioner may approve an arrangement under which the 25 employer pays a premium calculated in respect of protection for 26 those matters set out in section 9 and not covered in the certificate. 27 (5) The calculation and determination of any exemption or liability 28 under this section is to be on the basis of principles and 29 requirements fixed by regulation. Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 7
Part 3 Employee Entitlements Protection Insurance Division 3 Information about insurance Section 12 1 Division 3--Information about insurance 2 12 Employer to give information to employees about employee 3 entitlements protection insurance 4 An employer must provide each employee with an information 5 booklet in a form approved by the Commissioner: 6 (a) explaining the employee's rights under the policy of 7 employee entitlements protection insurance maintained by 8 the employer; and 9 (b) stating the name of the employer's insurer under the policy of 10 employee entitlements protection insurance. 11 Penalty: 50 penalty units. 12 13 Requests for information 13 An employer must, at the request of the employee, notify the 14 employee of the name and address of the insurer under the 15 employer's policy of employee entitlements protection insurance. 16 Penalty: 50 penalty units. 17 14 Insurer to notify policy of employee entitlements protection 18 insurance 19 An insurer must, on issuing a policy of employee entitlements 20 protection insurance for an employer's workforce, give the 21 Commissioner written notice: 22 (a) stating the name and address of the employer; and 23 (b) containing the information required by the regulations. 24 Penalty: 50 penalty units. 8 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005
Approved insurers Part 4 Approved insurer agreement Division 1 Section 15 1 15 Commissioner to give information on request to employee 2 (1) The Commissioner must, at the request of an employee, notify the 3 employee of the name and address of the insurer under the 4 employer's policy of employee entitlements protection insurance, 5 as shown in the Commissioner's records. 6 (2) If it appears from the Commissioner's records that the employer 7 does not have a current policy of employee entitlements protection 8 insurance, the Commissioner must notify the employee of that fact. 9 Part 4--Approved insurers 10 Division 1--Approved insurer agreement 11 16 Meaning of approved insurer 12 (1) An approved insurer is an insurer that enters into an agreement 13 with the Commissioner under which the insurer: 14 (a) undertakes to accept all applications for policies of employee 15 entitlements protection insurance at a rate of premium not 16 exceeding limits fixed by the Commissioner for the purposes 17 of this section; and 18 (b) undertakes to contribute to the costs of the nominal insurer as 19 required by the Commissioner under this Part; and 20 (c) undertakes to make contributions under the bad risk 21 cross-subsidisation scheme as required by the Commissioner 22 under this Part; and 23 (d) is entitled to payments under the bad risk cross-subsidisation 24 scheme on the basis fixed in the scheme. 25 (2) The agreement with the approved insurer is also to provide for a 26 scheme for the conciliation of disputed claims under policies of 27 employee entitlements protection insurance. Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 9
Part 4 Approved insurers Division 2 The nominal insurer scheme Section 17 1 17 Withdrawal from scheme 2 (1) An insurer may withdraw from the agreement with the 3 Commissioner by giving written notice of withdrawal. 4 (2) The withdrawal takes effect, on a date fixed in the notice, which 5 must be at least one year after the date the notice is given. 6 (3) When the withdrawal takes effect, the insurer ceases to be an 7 approved insurer. 8 (4) After giving notice of withdrawal, an insurer must not issue any 9 further policies of employee entitlements protection insurance. 10 Penalty: 150 penalty units. 11 Division 2--The nominal insurer scheme 12 18 The Commissioner to be nominal insurer 13 The Commissioner is to be regarded as the insurer under a policy 14 of employee entitlements protection insurance (the nominal 15 insurer) of employees of an employer who: 16 (a) is exempt from insurance under this Act; or 17 (b) fails to hold a policy of employee entitlements protection 18 insurance for the benefit of the employer's workforce as 19 required under this Act. 20 19 Approved insurers to contribute to costs of claims against 21 nominal insurer 22 (1) An approved insurer must contribute towards the nominal insurer's 23 costs on a basis determined by the Commissioner. 24 (2) The basis of contribution must: 25 (a) be fair and equitable as between approved insurers; and 26 (b) ensure as far as practicable and subject to any adjustments 27 that the Commissioner considers fair and equitable in a 28 particular case that the ratio between: 10 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005
Approved insurers Part 4 Bad risk cross-subsidisation scheme Division 3 Section 20 1 (i) an insurer's premium income, or estimated premium 2 income, from policies of wage protection insurance; and 3 (ii) the insurer's contributions to the nominal insurer's costs; 4 is approximately the same for each approved insurer. 5 6 Division 3--Bad risk cross-subsidisation scheme 7 20 Establishment of scheme 8 (1) The Commissioner may establish a scheme (the bad risk 9 cross-subsidisation scheme) under which the costs of 10 insuring against bad risks are fairly apportioned between all 11 approved insurers. 12 (2) An insurer is taken to have insured against a bad risk if: 13 (a) the employer becomes insolvent within 1 year after 14 taking out a policy of employee entitlements protection 15 insurance; or 16 (b) the risk of a claim under a policy of employee 17 entitlements protection insurance is classified by the 18 Commissioner as a bad risk under criteria determined by 19 the Commissioner. 20 21 Contributions to scheme 21 (1) An approved insurer must make contributions for the 22 purposes of the bad risk cross-subsidisation scheme on a 23 basis determined by the Commissioner. 24 (2) The basis of contribution must: 25 (a) be fair and equitable as between approved insurers; and 26 (b) must ensure as far as practicable and subject to any 27 adjustments that the Commissioner considers fair and 28 equitable in a particular case that the ratio between: 29 (i) an insurer's premium income, or estimated premium 30 income, from policies of employee entitlements 31 protection insurance; and Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 11
Part 5 Claims Division 3 Bad risk cross-subsidisation scheme Section 22 1 (ii) the insurer's contributions to the bad risk 2 cross-subsidisation scheme; 3 is approximately the same for each approved insurer. 4 22 Entitlements under scheme 5 An approved insurer that incurs costs in relation to bad risks is 6 entitled to be indemnified against those costs under the bad risk 7 cross-subsidisation scheme to the extent fixed under the scheme. 8 Part 5--Claims 9 23 Entitlement to make claim 10 (1) An employee is entitled to make a claim under a policy of 11 employee entitlements protection insurance if: 12 (a) the employer is insolvent; and 13 (b) an amount covered by the policy has fallen due for payment 14 by the employer; and 15 (c) the employer has failed to pay the unpaid amount in full 16 within 14 days after receiving a written claim for payment 17 made by or on behalf of the employee. 18 (2) If: 19 (a) an employer is insolvent; and 20 (b) written notice of the insolvency is given to an employee by: 21 (i) the employer; or 22 (ii) a trustee in bankruptcy, liquidator or other person 23 authorised to administer the employer's affairs; or 24 (iii) an insurer under a policy of wage protection insurance; 25 and 26 (c) the notice contains information required under the 27 regulations; 28 the employee's right (if any) to make a claim under the policy of 29 employee entitlements protection insurance is extinguished if the 30 claim is not brought within 6 months after the date the written 31 notice was given. 12 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005
Claims Part 5 Bad risk cross-subsidisation scheme Division 3 Section 24 1 24 Making of claim 2 (1) A claim by an employee under a policy of employee entitlements 3 protection insurance must be made in writing. 4 (2) The claim must set out: 5 (a) the name and address of the claimant; and 6 (b) the name of the insolvent employer; and 7 (c) the dates when the claimant's employment with the insolvent 8 employer started and ended; and 9 (d) the amount claimed by the claimant under the policy and the 10 basis on which it is claimed. 11 (3) The claimant must at the request of the insurer provide any further 12 information or materials that the insurer may reasonably require to 13 determine the claim. 14 25 Insurer against whom claim is to be made 15 A claim is to be made against: 16 (a) the insurer under the employer's policy of employee 17 entitlements protection insurance; or 18 (b) if the employer is an exempt employer or did not hold a 19 policy of wage protection insurance for the benefit of the 20 employer's workforce--the nominal insurer. 21 26 Insurer's response to claim 22 (4) An insurer must, as expeditiously as possible but in any case within 23 1 month after receiving a claim under a policy of employee 24 entitlements protection insurance, respond to the claim by giving 25 written notice to the claimant stating: 26 (a) whether the insurer rejects or accepts the claim; and 27 (b) if the insurer accepts the claim in part, stating the amount to 28 which the insurer believes the claimant to be entitled under 29 the policy. 30 (5) If, within 14 days after receiving the claim, the insurer reasonably 31 asks the claimant to provide further information or materials to Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 13
Part 6 Administration Division 3 Bad risk cross-subsidisation scheme Section 27 1 enable the insurer to determine the claim, the insurer is not 2 required to respond to the claim until 14 days after the information 3 or materials are provided. 4 27 Conciliation of disputes 5 If a claim under a policy of employee entitlements protection 6 insurance is disputed, either the insurer or the claimant may refer 7 the dispute for conciliation in accordance with the relevant 8 conciliation procedures. 9 28 Proceedings in court 10 (1) If: 11 (a) an insurer does not respond to a claim as required under this 12 Act; or 13 (b) a disputed claim is not resolved in conciliation proceedings; 14 the claimant may bring an action against the insurer to recover the 15 amount of the claim in a court with jurisdiction to determine claims 16 in contract up to the amount of the claim. 17 (2) In an action brought under subsection (1), an employee protected 18 by a policy of employee entitlements protection insurance is to be 19 regarded as having the same rights to claim under the policy as if 20 the employee were a party to the insurance contract. 21 29 Insurer's rights of subrogation 22 If an insurer makes any payment on a claim under a policy of 23 employee entitlements protection insurance, the insurer is 24 subrogated to the rights of the claimant against the claimant's 25 employer. 26 Part 6--Administration 27 30 Commissioner responsible for general administration of Act 28 Subject to any directions of the Treasurer, the Commissioner has 29 the general administration of this Act. 14 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005
Administration Part 6 Bad risk cross-subsidisation scheme Division 3 Section 31 1 31 Powers of the Commissioner 2 For the purpose of undertaking the general administration of this 3 Act, the Commissioner has power to do all things that are 4 necessary or convenient to be done in connection with the 5 administration of the Act and, without limiting the generality of 6 that power, has power: 7 (a) to promote the development of facilities for handling 8 inquiries in relation to employee entitlements protection 9 insurance; and 10 (b) to monitor complaints in relation to employee entitlements 11 protection insurance; and 12 (c) to liaise generally with other persons or bodies having a 13 responsibility to deal with inquiries, complaints and disputes 14 concerning the protection of employees; and 15 (d) to review information and returns given by insurers under 16 this Act; and 17 (e) to monitor legal judgments, industry trends and the 18 development of community expectations that are, or are 19 likely to be, of relevance to the efficient operation of this 20 Act; and 21 (f) to promote the education of employers, employees and the 22 insurance industry as to the objectives and requirements of 23 this Act. 24 32 Supervisory powers--Commissioner may obtain information and 25 material 26 (1) The Commissioner may, for a purpose connected with the 27 administration or enforcement of this Act, by notice in writing, 28 require an employer or insurer, within 30 days of receipt of the 29 notice, or such longer period as is specified in the notice: 30 (a) to give the Commissioner written answers to questions stated 31 in the notice; or 32 (b) to give the Commissioner copies of documents specified in 33 the notice. Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 15
Part 6 Administration Division 3 Bad risk cross-subsidisation scheme Section 33 1 (2) The answers to questions must, if the notice so requires, be verified 2 by statutory declaration. 3 (3) A person to whom a notice is given under subsection (1) must not 4 fail, without reasonable excuse, to comply with the requirements of 5 the notice. 6 Penalty: 150 penalty units. 7 (4) It is a reasonable excuse for a person to refuse or fail to comply 8 with the requirements of a notice under subsection (1) if to do so 9 would tend to incriminate the person. 10 33 Secrecy 11 (1) The object of this section is to create duties of non-disclosure for 12 the purposes of section 70 of the Crimes Act 1914. 13 (2) Subject to subsections (3), (4) and (6), a person who is or has been: 14 (a) the Commissioner; or 15 (b) a member of the staff assisting the Commissioner; 16 must not, either directly or indirectly, communicate to any 17 person any information concerning the affairs of any other 18 person if the information has been acquired by him or her: 19 (c) in the exercise or purported exercise of powers under or for 20 the purposes of this Act; or 21 (d) in the performance or purported performance of duties under 22 or for the purposes of this Act. 23 (3) Subsection (2) does not apply to a person who communicates the 24 information in the performance of a duty in connection with this 25 Act. 26 (4) Subsection (2) does not prevent the communication of information 27 or the production of a document by the Commissioner or by a 28 member of the staff assisting the Commissioner authorised by the 29 Commissioner: 30 (a) to the Minister; or 31 (b) to a court for the purposes of this Act; or 16 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005
Administration Part 6 Bad risk cross-subsidisation scheme Division 3 Section 33 1 (c) to a person to whom, in the Minister's opinion, it is in the 2 public interest that the information be communicated or the 3 document produced. 4 (5) A person who is or has been: 5 (a) the Commissioner; or 6 (b) a member of the staff assisting the Commissioner; 7 is not required: 8 (c) to communicate to a court any information; or 9 (d) to produce in court any document; 10 acquired by him or her, in the exercise or the purported exercise of 11 powers, or the performance or purported performance of duties, for 12 the purposes of this Act, except when it is necessary to do so for 13 the purposes of this Act. 14 (6) Subsection (2) does not prevent the communication of information 15 or the production of a document by the Commissioner, or by a 16 member of the staff assisting the Commissioner authorised by the 17 Commissioner to: 18 (a) an Agency Head (within the meaning of the Public Service 19 Act 1997); or 20 (b) an APS employee in the Agency who is approved, in writing, 21 by the Agency Head; 22 for the purpose of advising the Minister administering that 23 Agency in connection with a submission: 24 (c) made, or to be made, by the Minister administering that 25 Agency to the Minister administering this Act; and 26 (d) relating to the administration of this Act. 27 (7) If information is communicated under subsection (6) to an Agency 28 Head (within the meaning of the Public Service Act 1997) or an 29 APS employee, the APS Head or the APS employee must not, 30 either directly or indirectly, except for the purpose mentioned in 31 subsection (6), divulge or communicate that information to any 32 person. Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 17
Part 7 Miscellaneous Division 3 Bad risk cross-subsidisation scheme Section 34 1 34 Delegation 2 The Commissioner may by writing signed by the Commissioner 3 delegate to a person: 4 (a) who is a member of the staff appointed to assist the 5 Commissioner in the performance of the Commissioner's 6 functions; and 7 (b) who is an SES employee or acting SES employee; 8 any of the Commissioner's powers under this Act or the 9 regulations. 10 35 Annual report 11 (1) The Commissioner must, within 3 months after the end of each 12 financial year, give to the Treasurer a report on the working of this 13 Act during that year for presentation to the Parliament. 14 (2) The report must include copies of audited accounts relating to-- 15 (a) the Commissioner's income and expenditure as nominal 16 defendant for the relevant year; and 17 (b) contributions received from, and payments made to, 18 approved insurers under the bad risk cross subsidisation 19 scheme for the relevant year. 20 Part 7--Miscellaneous 21 36 Returns 22 (1) An approved insurer must provide the Commissioner with periodic 23 returns as required under the regulations. 24 (2) The returns must set out: 25 (a) the gross premium income received by the insurer for 26 policies of employee entitlements protection insurance 27 received by the insurer in the period to which the return 28 relates; and 18 Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005
Miscellaneous Part 7 Bad risk cross-subsidisation scheme Division 3 Section 37 1 (b) the number of policies of employee entitlements protection 2 insurance issued by the insurer in the period to which the 3 return relates; and 4 (c) other information required under the regulations. 5 (3) An approved insurer must not: 6 (a) fail, without reasonable excuse, to provide a return as 7 required under this section; or 8 (b) include in the return information that is false or misleading in 9 a material particular. 10 Penalty: 150 penalty units. 11 37 False or misleading information in claims 12 A person is guilty of an offence if: 13 (a) the person makes a claim against an approved insurer or the 14 nominal insurer under this Act; and 15 (b) the claim contains information that is false or misleading in a 16 material particular. 17 Penalty: 30 penalty units. 18 38 Application of the Criminal Code 19 Chapter 2 of the Criminal Code applies to all offences against this 20 Act. 21 39 Regulations 22 The Governor-General may make regulations, not inconsistent with 23 this Act, prescribing matters: 24 (a) required or permitted by this Act to be prescribed; or 25 (b) necessary or convenient to be prescribed for carrying out or 26 giving effect to this Act. 27 ______________ Employee Protection (Employee Entitlements Guarantee) Bill 2005 No. , 2005 19