from Sophie Cotsis Minister for Industrial Relations

 Hon Michael Daley MP

Attorney General office@daley.minister.nsw.gov.au

Dear Attorney-General,

 

OFFICIAL

 

Thank you for your correspondence from Mr James Ricketson. Mr Ricketson advocates on behalf of Ms L, owner of XXX Pty Ltd (XXX) who is involved in a workers compensation claim with her former employee, C M and icare.

 

Workers compensation insurance is mandatory for all employers unless they are exempt from holding a policy. By letter dated 8 September 2020, icare determined that XXX was not an employer exempt from holding a policy for the 2019-2020 financial year, ti was an employer that should have held a policy for this period and therefore, was considered an uninsured employer.

 

I understand that during the time that XXX was uninsured, a former employee made a workers compensation claim which was accepted by the Nominal Insurer (icare) under the Uninsured Liability Insurance Scheme. Section 145 of the Workers Compensation Act 1987 (the 1987 Act) sets out that the Nominal Insurer can serve a notice on an uninsured employer requesting them to reimburse the Insurance Fund the amount that it has paid in workers compensation benefits to a worker with an accepted workers compensation claim.

 

I understand that on 26 July 2022 icare served Sweet Art with a notice under section 145 of the 1987 Act seeking reimbursement of payments made from the Insurance Fund in respect of Mr Ms' claim. I am advised that Sweet Art made an application to the Personal Injury Commission (PIC) disputing liability for the reimbursement sought by care. A decision was made by the PIC on 5 October 2023 confirming that Sweet Art was required to reimburse icare the costs it had paid on Mr M's claim.

 

XXX and icare reached a settlement where Ms L would pay a set amount in monthly instalments to icare. I understand that Ms L is up to date with her payments and has not raised any further issues in relation to the settlement.

 

I acknowledge Mr Ricketson's ongoing advocacy for Ms L and XXX. The matter has been subject to formal litigation and determination has been achieved.

 

GPO Box 5341 Sydney NSW 2001 I P: (02) 7225 61 10 I W: nsw.gov.au/ministercotsis OFFICIAL

Our Reference: 00099/25

 OFFICIAL

The PIC as an independent statutory tribunal, being part of the system of courts and tribunals in NSW, is not under the control or direction of the Government. The PIC's Members are statutorily appointed decision makers who decide contested matters between parties. Each member is invested with decision making independence in that role. Determinations by the PIC are legally binding and final, and once determined, the matter generally cannot be pursued further. As such neither Ministers, Members of Parliament nor their departments can assist in having a determination made by the PIC overturned.

Yours sincerely

The Hon. Sophie Cotsis Minister for Industrial Relations

Minister for Work Health and Safety