Applying For a Review of Your Premium

The Accident Compensation (WorkCover Insurance) Act 1993 (the Act) provides for the review and adjustment of an employer’s premium. The Act provides separate provisions for employer and WorkSafe Victoria initiated reviews. However, WorkSafe Victoria may at anytime chose to conduct its own review of the amount calculated as premium.

The role of the Premium Review Team is to independently review an employer’s premium in order to determine whether it has been calculated in accordance with the relevant legislation.

• How do I request a review of my premium?
  
• What information should my request for a premium review include?
• What are the timeframes?
• What does a premium review involve?
• What happens if I fail to provide requested information?
• Can I withdraw my request for review?
• Am I still required to pay my premium?
• Refund of premium

 

How do I request a review of my premium?

If you consider that your premium is incorrect you should contact your WorkSafe Agent to request they review your premium. Where a request for a review is received by the Premium Review Team, in relation to a matter that has not been previously reviewed by your WorkSafe Agent, these matters will be referred to your WorkSafe Agent in the first instance.

In the case of an adjustment to your premium as a result of an Audit, you should contact the WorkSafe auditor.

If the WorkSafe Agent or your WorkSafe Auditor cannot resolve your concerns you should request a review by the Premium Review Team.

For a review by the Premium Review Team you should make a request in writing to:

Premium Review Team
WorkSafe Victoria
GPO Box 4306
Melbourne VIC  3001.

 

What information should my request for a premium review include?

Your request should include:

• Your contact details or your representative’s contact details,
• The workplace address and workplace employer number to be reviewed (list additional workplaces),
• Details of the reasons why you are requesting that your premium be reviewed:
  • Remuneration,
  • Predominant Activity and Workplace Industry Classification,
  • Workplace,
  • Penalty,
  • Succession,
  • Grouping,
  • Claims costs, and
  • Other, please specify.

If possible, please include a copy of any relevant correspondence from your WorkSafe Agent or the Auditor regarding your premium.

• Why you consider your premium  to be incorrect,
• The policy period(s) you are requesting to be reviewed, and
• Any relevant information that supports your request, for example:
  • Financial statements,
  • ATO returns,
  • FBT returns,
  • Site plans, and
  • Publications or information about your business.

Please note: Requests received from third parties representing employers must include a letter of authority to act on their behalf. We cannot commence the review without the employer’s written consent.

 

What are the timeframes?

Your request for review will be acknowledged within 10 days. If this does not occur, call the Premium Review Team on (03)9641 1128 to confirm that your request has been received by WorkSafe Victoria. Your request will normally be processed within 60 days of the date of receipt by WorkSafe Victoria. If for any reason, we anticipate your review will take longer we will contact you to discuss the reasons for the delay.

Limitations apply to the number of years for which WorkSafe Victoria can collect, refund or reduce premium following a review (An example is outlined in the table below). In response to a request by an employer for a review, WorkSafe Victoria is limited to the financial year in which the request is made plus the four completed years prior.

Year	Adjustable / Not adjustable
Current period	Adjustable
Prior Year 1	Adjustable
Prior Year 2	Adjustable
Prior Year 3	Adjustable
Prior Year 4	Adjustable
Prior Year 5	Not adjustable

 

What does a premium review involve?

During the review the Premium Review Officer may contact you to obtain additional information or to arrange a site visit, to assist in making a decision. It is important that you co-operate with this process to facilitate the review.

The Premium Review Officer may also contact your WorkSafe Agent to obtain information available on their records and review any correspondence that has been exchanged between the parties.

Once all the necessary information has been retrieved the Premium Review Officer will review the request and a decision will be made by WorkSafe Victoria.

Although your application for a premium review may be lodged regarding a specific concern, the premium review will consider all necessary issues in order to determine if your premium is correctly calculated.

A request for review will result in a decision by WorkSafe Victoria to affirm or vary your premium as appropriate.

You will be notified in writing of the review decision. A copy of this letter will be sent to your WorkSafe Agent to make any necessary premium adjustments.

If you are not satisfied with the outcome of the review you may decide to seek independent legal advice.

 

What happens if I fail to provide requested information?

If you fail to provide requested information or refuse a request for a site visit, a decision will be made based on the circumstances and the information before the Premium Review Officer and you will be advised of this in writing.

If you subsequently provide the information or arrange the site visit, after the review has been closed, a new review will be started from the date of the site visit or upon receipt of the requested information. This will impact on the time limitations imposed on the review.

It is important that you ensure that you have provided all relevant information and that the information provided is true and correct. To provide false or misleading information is a serious offence under the Accident Compensation Act 1985 and the Accident Compensation (WorkCover Insurance) Act 1993 which can result in you incurring serious penalties or imprisonment.

 

Can I withdraw my request for review?

Yes. You can withdraw your request for review by contacting the Premium Review Officer who acknowledged your request. However, WorkSafe Victoria has the right to conduct an independent review.

 

Am I still required to pay my premium?

While WorkSafe Victoria reviews your request, the premium under review will remain the same and you are required to continue to pay your premium. Any necessary premium adjustments will be made by your WorkSafe Agent at the conclusion of the review.

Any payment of premium withheld by you during the review process will attract late payment penalty at the prescribed rate (currently 15.75%).

 

Refund of premium

Where WorkSafe Victoria has failed to make a refund of premium due following a review requested by an employer, the employer may make an application to WorkSafe Victoria for a refund.

The application must be made in writing to WorkSafe Victoria and should clearly state that an application is being made for a refund of premium under section 22A.