Framework for the Accredited Employers Programme
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Version as at 1 April 2025
Framework for the Accredited Employers Programme
(SR 2000/111)
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This notice is administered by the Ministry of Business, Innovation, and Employment.
Contents
Notice
1 Background
This Framework is established under section 183 of the Act.
Clause 1: replaced, on 1 April 2025, by clause 5 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
2 Objectives
2.1
The objectives of the Accredited Employers Programme are those set out in section 182 of the Act.
2.2
In order to meet these objectives the Accredited Employers Programme (as set out in this Framework) provides that—
(a)
an employer who meets the criteria set out in section 185(1) of the Act (see clause 11.2) and can provide the evidence referred to in clause 11 that it meets those criteria, may enter into an Accreditation Agreement with the Corporation that must be consistent with this Framework. However, to gain entry to the Accredited Employers Programme, an employer must show a commitment and an ability to deliver on the injury prevention and rehabilitation objectives in the Act.
(b)
Under the Accreditation Agreement the Accredited Employer will be required to manage and directly fund most of the statutory entitlements of employees of that Accredited Employer who have suffered a work-related personal injury during each Cover Period contained in the Accreditation Agreement (the statutory entitlements the employer does not need to meet being expressly set out in this Framework and the Accreditation Agreement) (see clause 13). In return the Accredited Employer will be entitled to reduced levies (see clauses 6 and 9). The underlying philosophy is that this will provide incentives to Accredited Employers to provide injury prevention and rehabilitation thereby reducing work-related injury costs and levies. It should also encourage Accredited Employers to assist employees to return to work so reducing their dependence on accident compensation. This provides benefits for both employer and employee.
(c)
The 2 categories of plans under the Accredited Employers Programme are as follows:
(i)
the Partnership Discount Plan under which the Accredited Employer assumes responsibility for managing and meeting work-related personal injury claims for a period of up to 4 years after each Cover Period but with no liability at the end of the Claim Management Period (other than for accrued obligations) (see Part 1); and
(ii)
the Full Self Cover Plan under which the Accredited Employer assumes responsibility for managing and meeting work-related personal injury claims for a period of up to 4 years after each Cover Period and is required to pay to the Corporation an amount equivalent to the assessed ongoing liability in respect of claims handed back to the Corporation at the end of the Claim Management Period. In return, the Accredited Employer receives a significantly higher discount on the levy otherwise payable (see Part 2).
(d)
[Revoked](e)
[Revoked](f)
The Accredited Employer under the Full Self Cover Plan must, and an Accredited Employer under the Partnership Discount Plan may, have a cap on employer liability (see clause 16).
Clause 2.1: replaced, on 1 April 2025, by clause 6(1) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 2.2: editorial change made by the PCO, on 1 April 2025, under sections 86(1) and 87(l)(ii) of the Legislation Act 2019 (2019 No 58).
Clause 2.2(a): replaced, on 1 April 2025, by clause 6(2) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 2.2(b): amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 2.2(b): editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 2.2(c): replaced, on 1 April 2025, by clause 6(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 2.2(d): revoked, on 1 April 2025, by clause 6(4) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 2.2(e): revoked, on 1 April 2025, by clause 6(4) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 2.2(f): editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
3 Definitions
3.1
In this Framework, unless the context otherwise requires,—
1998 Act means the Accident Insurance Act 1998
Accreditation Agreement means a contract between the Corporation and an Accredited Employer under the Accredited Employers Programme (being either an Accreditation Agreement for Partnership Discount or an Accreditation Agreement for Full Self Cover)
Accredited Employer means an employer as defined by the Act who has signed an Accreditation Agreement with the Corporation under either the Partnership Discount Plan or Full Self Cover Plan
Accredited Employers Programme means the programme consisting of the Partnership Discount Plan and the Full Self Cover Plan
Act means the Accident Compensation Act 2001
Cover Period means each period of 1 year (or, where appropriate, part of a year) during which, if an employee of an Accredited Employer suffers a work-related personal injury, the Accredited Employer has the responsibility for meeting that employee’s statutory entitlements to the extent contained in the Accreditation Agreement with the Accredited Employer
Framework means this document
Full Self Cover Plan means the plan described in Part 2 and Accreditation Agreement for Full Self Cover means the Accreditation Agreement between the Corporation and an Accredited Employer under that plan
group has the meaning given to it in section 5(1) of the Financial Reporting Act 2013
Limit has the meaning given to it in clause 16.1
Partnership Discount Plan means the plan described in Part 1 and Accreditation Agreement for Partnership Discount means the Accreditation Agreement between the Corporation and an Accredited Employer under that plan
performance data means all information collected by the Corporation about an Accredited Employer’s performance in the Accredited Employer’s Programme including through the Corporation’s ongoing monitoring and audit of the Accredited Employer under clauses 19 and 20
Risk has the meaning given to it in clause 16.4
year means,—
(a)
in relation to Cover Periods,—
(i)
unless subparagraph (ii) applies, a 12-month period ending on 31 March and, where appropriate, includes part of that period; or
(ii)
where another date is specified in the Accreditation Agreement, a 12-month period ending on that date and, where appropriate, includes part of that period; and
(b)
in relation to the Corporation,—
(i)
unless subparagraph (ii) applies, a financial year; or
(ii)
where another date is specified in the Accreditation Agreement, a period ending on that date.
3.2
For the purposes of this Framework, a Claim Management Period, in respect of a work-related personal injury, commences on the date of the injury and expires, in relation to—
(a)
a Partnership Discount Plan,—
(i)
on the end date described in clause 4.2; or
(ii)
on the end date as extended under clause 4.6; or
(b)
a Full Self Cover Plan,—
(i)
on the end date described in clause 7.2; or
(ii)
on the end date as extended under clause 7.6.
3.3
[Revoked]Clause 3.1: editorial change made by the PCO, on 1 April 2025, under sections 86(1) and 87(l)(ii) of the Legislation Act 2019 (2019 No 58).
Clause 3.1 1998 Act: inserted, on 1 April 2025, by clause 7(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 3.1 Accreditation Agreement: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 3.1 Accredited Employer: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 3.1 Act: replaced, on 1 April 2025, by clause 7(1) and (3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 3.1 Claim Management Period: revoked, on 1 April 2025, by clause 7(1) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 3.1 Full Self Cover Plan: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 3.1 group: inserted, on 1 April 2025, by clause 7(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 3.1 Limit: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 3.1 Manager: revoked, on 1 April 2025, by clause 7(1) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 3.1 Partnership Discount Plan: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 3.1 performance data: inserted, on 1 April 2025, by clause 7(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 3.1 Risk: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 3.1 year: replaced, on 1 April 2025, by clause 7(2) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 3.2: replaced, on 1 April 2025, by clause 7(4) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 3.3: revoked, on 1 April 2025, by clause 7(5) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
3A Standard form contractual provisions
3A.1
The Corporation may include in an Accreditation Agreement standard form contractual provisions relating to any matter that it determines should appropriately be included in the Accreditation Agreement.
3A.2
The Corporation may, in an exceptional case and in its absolute discretion, include in any Accreditation Agreement modifications to standard form contractual provisions.
Clause 3A: inserted, on 1 April 2025, by clause 8 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Part 1 Partnership Discount Plan
4 Outline of the Partnership Discount Plan
4.1
The Partnership Discount Plan enables employers to enter into an Accreditation Agreement for Partnership Discount with the Corporation that provides for self-management by the Accredited Employer of all work-related personal injuries to their employees.
4.2
Such Accreditation Agreement for Partnership Discount must specify a Claim Management Period which runs for the remainder of the relevant Cover Period in which the work-related personal injury was suffered together with a further period which must be for a minimum period of 12 months and a maximum period of 48 months from the expiry of that Cover Period.
4.3
[Revoked]4.4
If, at the expiration of the Claim Management Period provided for in the Accreditation Agreement for Partnership Discount, an employee of the Accredited Employer, who has suffered a work-related personal injury during the Cover Period, still has or may have statutory entitlements related to that injury, then the management of that claim and responsibility for payment of the statutory entitlements arising after that date must pass to the Corporation.
4.5
An Accredited Employer under the Partnership Discount Plan may elect to have its liability above the Limit capped for each respective Cover Period in the manner set out in clause 16.
4.6
The initial Accreditation Agreement for Partnership Discount must be for a minimum of 1 complete Cover Period of one year. However, on the expiry of that initial term, the Accreditation Agreement may be extended from time to time by agreement but no 1 extension may be for longer than 3 Cover Periods.
4.6A
For the purpose of agreeing to an extension under subclause 4.6, the Corporation may use performance data to assist it to decide whether an Accredited Employer remains eligible for a Partnership Discount Plan.
4.7
Nothing in this clause is to limit—
(a)
the right of the Corporation to cancel the Accreditation Agreement earlier if the Accredited Employer no longer complies with this Framework or no longer fulfils the requirements under the Act (as set out in clause 11.2); or
(b)
the right of either party to cancel the Accreditation Agreement for breach by the other party; or
(c)
the right of the Corporation to limit the agreement terms it offers to an Accredited Employer on the basis of the Corporation’s assessment of the Accredited Employer’s performance in the Accredited Employers Programme.
4.8
In exchange for the Accreditation Agreement for Partnership Discount, the Accredited Employer is entitled to a lower levy under the Act as calculated under clause 6.
4.9
The provisions of this Part are to be read with the general provisions of Part 3 which are common to both the Partnership Discount Plan and Full Self Cover Plan.
Clause 4.1: replaced, on 1 April 2025, by clause 9(1) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 4.2: amended, on 1 April 2025, by clause 9(2) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 4.2: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 4.3: revoked, on 1 April 2025, by clause 9(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 4.4: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 4.5: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 4.6: substituted, on 22 March 2001, by clause 3 of the Accident Insurance (Accredited Employers Framework) Amendment Notice 2001 (SR 2001/41).
Clause 4.6: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 4.6A: inserted, on 1 April 2025, by clause 9(4) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 4.7: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f) and (l)(ii), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 4.7(a): amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 4.7(a): editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 4.7(b): replaced, on 1 April 2025, by clause 9(5) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 4.7(c): inserted, on 1 April 2025, by clause 9(5) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 4.8: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 4.8: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 4.9: editorial change made by the PCO, on 1 April 2025, under sections 86(1) and 87(g) of the Legislation Act 2019 (2019 No 58).
5 Application by the employer to enter Partnership Discount Plan
5.1
An employer may apply to the Corporation to be an Accredited Employer under a Partnership Discount Plan.
5.2
An application may be made in the manner and form approved by the Corporation.
5.3
If the Corporation forms the opinion that the employer meets the accreditation requirements set out in section 185(1) of the Act, it may enter into an Accreditation Agreement for Partnership Discount with the employer.
5.4
The decision to enter into an Accreditation Agreement for Partnership Discount with an employer is to be made by the Chief Executive of the Corporation.
Clause 5: replaced, on 1 April 2025, by clause 10 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
6 Levy
6.1
In return for the Accredited Employer undertaking to meet, during the Cover Period and any ensuing Claim Management Period, the obligations in clause 13 and the other obligations in the Accreditation Agreement for Partnership Discount and this Framework, the Accredited Employer is to be charged a reduced levy in relation to work-related personal injuries as set out in this clause.
6.2
The levy to be paid by the Accredited Employer under the Partnership Discount Plan is to be calculated in accordance with the following formula:
| PPDP = | LE | × SPR × (1 − SMP) × (1 − DPDP) |
| 100 | ||
| + | LE | × SPR × (PHC + AAEP) |
| 100 | ||
| + | LE | × SPR × (1 − SMP) × FELC |
| 100 |
where—
| PPDP = | levy for the Partnership Discount Plan (expressed in dollars) |
| LE = | liable employee earnings for the relevant Accredited Employer (expressed in dollars) |
| SPR = | standard levy rate for the relevant Accredited Employer is set out from time to time, in regulations made under the Act (expressed in dollars per $100 of liable earnings) |
| SMP = | safety management practices discount for the relevant Accredited Employer set out in regulations made under the Act (expressed as a percentage) or, if no regulations are in force, set at 0 |
| PHC = | allowance for primary health costs incurred by the Corporation calculated in accordance with subclause 6.4 (expressed as a percentage) |
| AAEP = | contribution to the administration cost to the Corporation of the Accredited Employers Programme calculated in accordance with subclause 6.5 (expressed as a percentage) |
| FELC = | amount for employer liability cap (if appropriate) calculated in accordance with subclause 6.6 (expressed as a percentage) |
| DPDP = | discount for the Partnership Discount Plan calculated in accordance with subclause 6.7 (expressed as a percentage). |
6.3
[Revoked]6.4
Although primary health costs incurred by employees as a result of work-related personal injuries are required to be met by the relevant individual Accredited Employer, it is recognised that it will at times be administratively difficult to properly identify whether the injury is a work-related injury or which Accredited Employer is liable, or to collect the cost from the correct Accredited Employer. These difficulties mean that some of those costs will be borne by the Corporation. In the formula in subclause 6.2, PHC—
(a)
is intended to recover those costs across all Accredited Employers as well as the cost of administering the collection of primary health costs from Accredited Employers generally; and
(b)
is to be fixed by the Corporation from year to year based on actual experience with the proposed cost being the subject of clause 21.
6.5
The Corporation is to be entitled to recover the likely administration costs during the Cover Period and Claim Management Period arising in respect of the Accredited Employers Programme as it affects the particular Accredited Employer. AAEP is intended to reflect that cost. This amount is to be fixed from year to year by the Corporation so as to provide full cost recovery but is not to exceed 4.6% of the levy that would otherwise be payable by the Accredited Employer if it was not a member of the Partnership Discount Plan (or the Full Self Cover Plan).
6.6
An Accredited Employer under the Partnership Discount Plan has the option of being protected by the employer liability cap (as set out in clause 16),—
(a)
if the Accredited Employer takes that option, FELC is to be a charge fixed by the Corporation in relation to that particular Accredited Employer having regard to the general risks associated with the employer, its size and the industry in which it operates, and the applicable level of the Limit.
(b)
If the Accredited Employer does not take that option, FELC is to be zero.
6.7
The discount for the Partnership Discount Plan is to be fixed annually by the Corporation for each industry class used in fixing employer levies in regulations made under the Act subdivided (for each such class) into the standard durations of Claim Management Periods to be offered under the Partnership Discount Plan. That discount is intended to be an actuarial calculation of the liability that would be undertaken by the employer within each such industry class had that employer been an Accredited Employer in the Partnership Discount Plan. DPDP is intended to be that discount.
6.7A
The Corporation remains liable to meet bulk health costs (BHC) including public health acute services. BHC is to be fixed by the Corporation from year to year based (to the extent reasonably practicable) on the following formula:
| BHC = | _C_ | × | 100 |
| LEt | APR |
where—
| LEt = | estimated total liable earnings across all employers |
| APR = | average levy rate for all employers |
| C = | estimated bulk health costs for the Cover Period. |
The estimated figures are to be the subject of clause 21. The Accredited Employer’s contribution to bulk health costs is achieved by the impact of BHC on the discount calculated under subclause 6.7.
6.8
An Accredited Employer may seek to have the levy payable under the Accredited Employers Programme, which is calculated under the Accreditation Agreement, reviewed under section 236 of the Act.
6.9
[Revoked]Clause 6 heading: replaced, on 1 April 2025, by clause 11(1) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 6.1: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 6.1: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 6.2: amended, on 1 April 2025, by clause 11(2) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 6.2: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 6.2: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f) and (l)(ii), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 6.2 formula: substituted, on 1 April 2007, by clause 4(1) of the Injury Prevention, Rehabilitation, and Compensation (Accredited Employers Framework) Amendment Notice 2007 (SR 2007/15).
Clause 6.2 formula item BHC: revoked, on 22 March 2001, by clause 4(1)(b) of the Accident Insurance (Accredited Employers Framework) Amendment Notice 2001 (SR 2001/41).
Clause 6.2 formula item PPDP: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 6.2 formula item SPR: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 6.2 formula item SMP: amended, on 1 April 2025, by clause 11(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 6.2 formula item PHC: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 6.2 formula item AAEP: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 6.3: revoked, on 22 March 2001, by clause 4(2) of the Accident Insurance (Accredited Employers Framework) Amendment Notice 2001 (SR 2001/41).
Clause 6.4: replaced, on 1 April 2025, by clause 11(4) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 6.5: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 6.5: editorial change made by the PCO, on 1 April 2025, under sections 86(1) and 87(i) of the Legislation Act 2019 (2019 No 58).
Clause 6.5: amended, on 1 April 2008, by clause 4 of the Injury Prevention, Rehabilitation, and Compensation (Accredited Employers Framework) Amendment Notice 2008 (SR 2008/58).
Clause 6.6: amended, on 1 April 2025, by clause 11(5) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 6.6: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f) and (l)(ii), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 6.6(a): amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 6.6(a): editorial change made by the PCO, on 1 April 2025, under sections 86(1) and 87(i) of the Legislation Act 2019 (2019 No 58).
Clause 6.6(a): amended, on 1 July 2000, by clause 3(2) of the Accident Insurance (Accredited Employers Framework) Amendment Notice 2000 (SR 2000/121).
Clause 6.6(b): editorial change made by the PCO, on 1 April 2025, under sections 86(1) and 87(i) of the Legislation Act 2019 (2019 No 58).
Clause 6.7: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 6.7: editorial change made by the PCO, on 1 April 2025, under sections 86(1) and 87(i) of the Legislation Act 2019 (2019 No 58).
Clause 6.7: amended, on 1 April 2005, by clause 3(a) of the Injury Prevention, Rehabilitation, and Compensation (Accredited Employers Framework) Amendment Notice 2005 (SR 2005/74).
Clause 6.7: amended, on 1 April 2005, by clause 3(b) of the Injury Prevention, Rehabilitation, and Compensation (Accredited Employers Framework) Amendment Notice 2005 (SR 2005/74).
Clause 6.7A: inserted, on 22 March 2001, by clause 4(4) of the Accident Insurance (Accredited Employers Framework) Amendment Notice 2001 (SR 2001/41).
Clause 6.7A: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 6.7A: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), (i), and (l)(ii), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 6.7A formula item APR: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 6.8: replaced, on 1 April 2025, by clause 11(6) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 6.9: revoked, on 1 April 2025, by clause 11(7) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Part 2 Full Self Cover Plan
7 Outline of the Full Self Cover Plan
7.1
The Full Self Cover Plan enables employers to enter into an Accreditation Agreement for Full Self Cover with the Corporation that provides for full self-management by the Accredited Employer of all work-related personal injuries to their employees.
7.2
The Accreditation Agreement for Full Self Cover must specify a Claim Management Period which runs for the remainder of the relevant Cover Period in which the injury was suffered together with a further period which must be a minimum period of 24 months and a maximum period of 48 months from the expiry of that Cover Period.
7.3
[Revoked]7.4
Subclause 7.4A applies if, at the expiry of the Claim Management Period provided in the Accreditation Agreement for Full Self Cover, an employee of the Accredited Employer who has suffered a work-related personal injury during the Cover Period still has or may have ongoing statutory entitlements in respect of that injury.
7.4A
The management of the claim and responsibility for payment of all statutory entitlements arising after the expiry of the Claim Management Period passes to the Corporation, but the Accredited Employer is to be liable for the claim and case management expenses of the claim, with the amount of that liability being determined under clause 10.
7.4B
Subclauses 7.4 and 7.4A are subject to the Accreditation Agreement.
7.5
An Accredited Employer under the Full Self Cover Plan must have its liability above the Limit capped for each respective Cover Period in the manner set out in clause 16.
7.6
The initial Accreditation Agreement for Full Self Cover must be for a minimum of 1 complete Cover Period of one year. However, on the expiry of that initial term, the Accreditation Agreement may be extended from time to time by agreement but no 1 extension may be for longer than 3 Cover Periods.
7.6A
For the purpose of agreeing to an extension under subclause 7.6, the Corporation may use performance data to assist it to decide whether an Accredited Employer remains eligible for a Full Self Cover Plan.
7.7
Nothing in this clause is to limit—
(a)
the right of the Corporation to cancel the Accreditation Agreement if the Accredited Employer no longer complies with this Framework or no longer fulfils the requirements under the Act (as set out in clause 11.2); or
(b)
the right of either party to cancel the Accreditation Agreement for breach by the other party; or
(c)
the right of the Corporation to limit the agreement terms it offers to an Accredited Employer on the basis of the Corporation’s assessment of the Accredited Employer’s performance in the Accredited Employers Programme, including the right to offer an Accredited Employer the Partnership Discount Plan instead of the Full Self Cover Plan.
7.8
In exchange for the Accreditation Agreement for Full Self Cover the Accredited Employer is entitled to a lower levy calculated under clause 9.
7.9
The provisions of this Part are to be read with the general provisions of Part 3 which are common to both the Full Self Cover Plan and the Partnership Discount Plan.
Clause 7.1: replaced, on 1 April 2025, by clause 12(1) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 7.2: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 7.3: revoked, on 1 April 2025, by clause 12(2) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 7.4: replaced, on 1 April 2025, by clause 12(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 7.4A: inserted, on 1 April 2025, by clause 12(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 7.4B: inserted, on 1 April 2025, by clause 12(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 7.5: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 7.6: substituted, on 22 March 2001, by clause 5 of the Accident Insurance (Accredited Employers Framework) Amendment Notice 2001 (SR 2001/41).
Clause 7.6: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 7.6A: inserted, on 1 April 2025, by clause 12(4) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 7.7: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f) and (l)(ii), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 7.7(a): amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 7.7(a): editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 7.7(b): replaced, on 1 April 2025, by clause 12(5) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 7.7(c): inserted, on 1 April 2025, by clause 12(5) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 7.8: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 7.8: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 7.9: editorial change made by the PCO, on 1 April 2025, under sections 86(1) and 87(g) of the Legislation Act 2019 (2019 No 58).
8 Application by the employer to enter Full Self Cover Plan
8.1
An employer may apply to the Corporation to be an Accredited Employer under a Full Self Cover Plan.
8.2
An application may be made in the manner and form approved by the Corporation.
8.3
If the Corporation forms the opinion that the employer meets the accreditation requirements set out in section 185(1) of the Act, it may enter into an Accreditation Agreement for Full Self Cover with the employer.
8.4
The decision to enter into an Accreditation Agreement for Full Self Cover with an employer is to be made by the Chief Executive of the Corporation.
Clause 8: replaced, on 1 April 2025, by clause 13 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
9 Levy
9.1
In return for the Accredited Employer undertaking to meet, during the Cover Period and any ensuing Claim Management Period, the obligations in clause 13 and the other obligations in the Accreditation Agreement for Full Self Cover and this Framework, the Accredited Employer is to be charged a reduced levy in relation to work-related personal injuries as set out in this clause.
9.2
The levy to be paid by the Accredited Employer under the full Self Cover Option is to be calculated in accordance with the following formula:
| PFSC = | LE | × SPR × (1 − SMP) × BHC |
| 100 | ||
| + | LE | × SPR × (PHC + AAEP) |
| 100 | ||
| + | LE | × SPR × (1 − SMP) × FFSC |
| 100 |
where—
| PFSC = | levy for the Full Self Cover Plan (expressed in dollars) |
| LE = | liable employee earnings for the relevant Accredited Employer (expressed in dollars) |
| SPR = | standard levy rate for the relevant Accredited Employer as set out, from time to time, in regulations made under the Act (expressed in dollars per $100 of liable earnings) |
| SMP = | safety management practices discount for the relevant Accredited Employer set out in regulations made under the Act (expressed as a percentage) or, if no regulations are in force, set at 0 |
| BHC = | bulk health costs calculated in accordance with subclause 9.3 (expressed as a percentage) |
| PHC = | allowance for primary health costs incurred by the Corporation calculated in accordance with subclause 9.4 (expressed as a percentage) |
| AAEP = | contribution to the administration cost to the Corporation of the Accredited Employers Programme calculated in accordance with subclause 9.5 (expressed as a percentage) |
| FFSC = | amount for employer liability cap calculated in accordance with subclause 9.6 (expressed as a percentage). |
9.3
The Corporation is to remain liable to meet bulk funded health costs including public health acute services. BHC is intended to meet an Accredited Employer’s contribution to such costs. BHC is to be fixed by the Corporation from year to year based (to the extent reasonably practicable) on the following formula:
| BHC = | _C_ | × | 100 |
| LEt | APR |
where—
| LEt = | estimated total liable earnings across all employers |
| APR = | average levy rate for all employers |
| C = | estimated bulk health costs for the Cover Period. |
The estimated figures are to be the subject of clause 21.
9.4
Although primary health costs incurred by employees as a result of work-related personal injuries are required to be met by the relevant individual Accredited Employer, it is recognised that it will be at times administratively difficult to properly identify whether the injury is a work-related injury or which Accredited Employer is liable, or to collect the cost from the correct Accredited Employer. These difficulties mean that some of those costs will be borne by the Corporation. In the formula in subclause 9.2, PHC—
(a)
is intended to recover those costs across all Accredited Employers as well as the cost of administering the collection of primary health costs from Accredited Employers generally; and
(b)
is to be fixed by the Corporation from year to year based on actual experience with the proposed cost being the subject of clause 21.
9.5
The Corporation is to be entitled to recover the likely administration costs during the Cover Period and Claim Management Period arising in respect of the Accredited Employers Programme as it affects the particular Accredited Employer. AAEP is intended to reflect that cost. This amount is to be fixed from year to year by the Corporation so as to provide full cost recovery but is not to exceed 4.6% of the levy that would otherwise be payable by the Accredited Employer if it was not a member of the Full Self Cover Plan (or the Partnership Discount Plan).
9.6
An Accredited Employer under the Full Self Cover Plan must be protected by the employer’s liability cap (as set out in clause 16). If so, FFSC is to be a charge fixed by the Corporation in relation to that particular Accredited Employer having regard to the general risks associated with the employer, its size, the industry in which it operates, the applicable level of the Limit, and any High Cost Claim Cover excess level purchased under clause 10A.
9.7
An Accredited Employer may seek to have the levy payable under the Accredited Employers Programme, which is calculated under the Accreditation Agreement, reviewed under section 236 of the Act.
9.8
[Revoked]Clause 9 heading: replaced, on 1 April 2025, by clause 14(1) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 9.1: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 9.1: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 9.2: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 9.2: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f) and (l)(ii), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 9.2 formula: substituted, on 1 April 2007, by clause 5(1) of the Injury Prevention, Rehabilitation, and Compensation (Accredited Employers Framework) Amendment Notice 2007 (SR 2007/15).
Clause 9.2 formula item PFSC: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 9.2 formula item SPR: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 9.2 formula item SMP: amended, on 1 April 2025, by clause 14(2) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 9.2 formula item PHC: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 9.2 formula item AAEP: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 9.3: substituted, on 1 July 2000, by clause 4(1) of the Accident Insurance (Accredited Employers Framework) Amendment Notice 2000 (SR 2000/121).
Clause 9.3: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 9.3: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), (i), and (l)(ii) and 89 of the Legislation Act 2019 (2019 No 58).
Clause 9.3 formula item APR: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 9.4: replaced, on 1 April 2025, by clause 14(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 9.5: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 9.5: editorial change made by the PCO, on 1 April 2025, under sections 86(1) and 87(i) of the Legislation Act 2019 (2019 No 58).
Clause 9.5: amended, on 1 April 2008, by clause 5 of the Injury Prevention, Rehabilitation, and Compensation (Accredited Employers Framework) Amendment Notice 2008 (SR 2008/58).
Clause 9.6: replaced, on 1 April 2025, by clause 14(4) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 9.7: replaced, on 1 April 2025, by clause 14(5) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 9.8: revoked, on 1 April 2025, by clause 14(6) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
10 Transferred claims payment
10.1
If, at the expiry of the Claim Management Period provided for in the Accreditation Agreement for Full Self Cover, an employee of the Accredited Employer who has suffered a work-related personal injury during the Cover Period still has or may have statutory entitlements related to that injury, then—
(a)
responsibility for payments and the management of the claim transfers to the Corporation; and
(b)
the Accredited Employer must—
(i)
pay to the Corporation an amount in respect of the residual liability, calculated in accordance with subclauses 10.2 to 10.4; and
(ii)
accept the liability under subclause 10.4.
10.1A
The liability of the Accredited Employer under subclause 10.1(b) is not to exceed the Limit for the relevant Cover Period set out in clause 16.
10.2
The amount payable in respect of the residual liability referred to in subclause 10.1 is to be calculated by the Corporation making an actuarial assessment of the then present value of the likely amounts of—
(a)
future payments of statutory entitlements of that employee (being the statutory entitlements that the Accredited Employer would have paid to or on behalf of that employee had the Claim Management Period continued indefinitely into the future); and
(b)
case management expenses.
10.3
In respect of both heads of liability under subclause 10.2 such assessment is to be made—
(a)
from information obtained from the file for such claim together with any additional information obtained by the Corporation in respect of the claim (either from the Accredited Employer or otherwise);
(b)
using the same actuarial calculations (including, where appropriate, inflation allowances and discount rates) as were used by the Corporation in preparing the recommendations under section 331 of the Act for the year in which the Claim Management Period terminates;
(c)
where practical, within 1 month after the end of the relevant Claim Management Period.
10.4
Subclauses 10.4A and 10.4B apply if, after the expiry of the Claim Management Period provided for in the Accreditation Agreement for Full Self Cover, an employee of the Accredited Employer who has suffered a work-related personal injury during the Cover Period—
(a)
makes a claim for that work-related personal injury for the first time (whether because it is a work-related gradual process, disease, or infection under section 30 of the Act or otherwise);
(b)
suffers a subsequent injury (as defined in sections 294 to 297 of the Act as saved by section 342 of the Act); or
(c)
reactivates a claim (not being a claim handed over under subclause 10.1 and for which an assessment was made under subclauses 10.2 and 10.3).
10.4A
The Corporation is entitled to be paid the costs of a claim referred to in subclause 10.4 by the Accredited Employer.
10.4B
The costs are to—
(a)
include a proper contribution to case management expenses but, in relation to the statutory entitlements of the employee, are not to exceed the amount that the Accredited Employer would have had to pay if the Claim Management Period was still current; and
(b)
be paid to the Corporation as they are incurred by the Corporation, unless the Accreditation Agreement provides for the Corporation to assume liability for some or all of the costs in return for an advance payment on account of the Accredited Employer’s risk of future liability to pay costs to the Corporation.
10.5
[Revoked]10.6
The Corporation may stipulate in the Accreditation Agreement a date by which the Accredited Employer must provide full information to the Corporation about the then known unclosed claims. This is in order that the transfer of responsibility from the Accredited Employer to the Corporation can be planned co-operatively and so that there is a smooth transition in the interests of the injured employee.
Clause 10(1): replaced, on 1 April 2025, by clause 15(1) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 10(1A): inserted, on 1 April 2025, by clause 15(1) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 10.2: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 10.2: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f) and (l)(ii), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 10.3: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f) and (l)(ii), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 10.3(a): amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 10.3(b): amended, on 1 April 2025, by clause 15(2) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 10.3(b): amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 10.4: replaced, on 1 April 2025, by clause 15(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 10.4A: inserted, on 1 April 2025, by clause 15(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 10.4B: inserted, on 1 April 2025, by clause 15(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 10.5: revoked, on 1 April 2025, by clause 15(4) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 10.6: amended, on 1 April 2025, by clause 15(5) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 10.6: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
10A High cost claim cover
10A.1
For the purposes of this clause, event means a discrete and time-bound incident (which therefore does not include any gradual process) that results in entitlements under the Act for 1 or more employees.
10A.2
An employer under a an Accreditation Agreement for Full Self Cover may elect to purchase from the Corporation the right to seek reimbursement if the costs of the aggregated entitlements arising from a single catastrophic event for which the Accredited Employer has liability under the Accreditation Agreement exceed the agreed level of excess under subclause 10A.3. The costs to be aggregated are the direct costs of the claims arising out of the event and do not include indirect costs such as claims management costs.
10A.3
The level of excess may be one of the following:
(a)
$250,000; or
(b)
$500,000; or
(c)
a level above $500,000 agreed by the Corporation and the Accredited Employer in the particular case.
10A.4
The option available under this clause may be purchased by an employer only for an entire Cover Period and on giving the Corporation notice in writing before the close of 31 December preceding the start of the Cover Period for which the option is to take effect.
Clause 10A: inserted, on 22 March 2001, by clause 7 of the Accident Insurance (Accredited Employers Framework) Amendment Notice 2001 (SR 2001/41).
Clause 10A.1: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), (g), and (i), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 10A.2: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 10A.2: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 10A.3(c): amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 10A.4: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 10A.4: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f) and (g), and 89 of the Legislation Act 2019 (2019 No 58).
Part 3 Provisions common to both the Partnership Discount and Full Self Cover Plans
11 General eligibility
11.1
An employer seeking to enter into either a an Accreditation Agreement for Partnership Discount or a an Accreditation Agreement for Full Self Cover must qualify under the criteria in this clause.
11.2
Section 185(1) of the Act provides for accreditation requirements.
11.3
The Corporation, in forming its opinion as to whether an employer meets the accreditation requirements set out in section 185(1) of the Act, must have regard to the degree that the employer can establish, and can produce evidence of systems and documentation to establish, that,—
(a)
in relation to section 185(1)(a) of the Act,—
(i)
it has ongoing and effective health and safety management systems;
(ii)
it has a hazard management plan;
(iii)
it has an appropriate system to inform its employees of the necessary arrangements for health and safety management;
(iiia)
it has an appropriate system to inform its employees of the necessary arrangements for the employer’s hazard management plan;
(iv)
it has appropriate employee training and supervision systems in place;
(v)
it has a documented emergency plan in place which is up to date and under which the key personnel are trained and ready;
(vi)
it has policies and procedures in place to ensure that all employees (with appropriate involvement and resourcing by their union), have the opportunity to be fully involved in the identification and management of all workplace hazards;
(vii)
it has appropriate procedures for incident and accident reporting, recording and investigation, including on site accident registers;
(viii)
it has a process to ensure health and safety procedures are monitored, reviewed and evaluated; and
(ix)
its experience in relation to accidents over the previous 3 years (or shorter period where appropriate) substantiates the effectiveness of the foregoing systems and procedures.
(b)
In relation to section 185(1)(b) of the Act (as well as the requirements in paragraph (a)),—
(i)
[Revoked](ii)
the occupational health and safety policies and procedures include an ongoing commitment to comply with all relevant legislation, regulations, codes of practice, and safe operating procedures;
(iii)
[Revoked](iv)
the policies and procedures have been endorsed by the Chief Executive or other similarly senior executive;
(v)
it has a process in place to keep the policies and procedures up to date;
(vi)
the policies and procedures ensure that appropriate health and safety information is communicated to all employees;
(vii)
there is appropriate induction training for new employees about the employer’s health and safety management systems to ensure that the new employees are aware of the systems;
(viii)
the policies and procedures provide for employee engagement and consultation on health and safety issues on an ongoing basis within each main business area;
(ix)
it does, and can effectively, investigate accidents and incidents; and
(x)
it does, and can, take corrective action where hazards are identified.
(c)
In relation to section 185(1)(c) of the Act,—
(i)
it has documented policies and procedures in place that provide a supportive work place environment such that rehabilitation (both social and vocational) after injury is the usual course of action whenever possible, and, to the extent relevant, this has worked in practice in the past;
(ii)
those policies and procedures provide for ongoing personal and direct involvement by the employer in the management of any claims by employees for work-related personal injuries; and
(iii)
those policies and procedures recognise the employee’s need for support, advice and representation from the employee’s union or other nominated representative.
(d)
In relation to section 185(1)(d) of the Act, in addition to the matters under paragraphs (a) and (b), it has ensured and will ensure that—
(i)
all employees are regularly informed about, and understand, their responsibilities for the health and safety of themselves and others;
(ii)
the development, implementation, and observance of healthy and safe systems of work is the overriding priority for the employer; and
(iii)
the employee should not undertake the work if it cannot be done within agreed safe systems of work.
(e)
In relation to section 185(1)(e) of the Act,—
(i)
it has developed and will implement policies and procedures that comply with the Act for making decisions as to the statutory entitlements of employees suffering work-related personal injuries;
(ii)
the policies and procedures include a full explanation of the review and appeal processes;
(iii)
the policies and procedures contain safeguards to ensure that entitlements are assessed and provided in an accurate and timely manner;
(iv)
the policies and procedures will ensure claimants are promptly notified of all decisions affecting them (in full compliance with the Act);
(v)
the policies and procedures will ensure that all claims by its employees in relation to work-related personal injuries and the employees themselves, are managed in a proactive and appropriate manner;
(vi)
it can demonstrate an ability to manage disputes arising out of any aspect of injury management including dispute resolution procedures;
(vii)
there are senior managers with clear responsibility for these issues;
(viii)
there are proper procedures in place for informing employees of their rights in relation to work-related injuries, next steps, and the options that will be available to them;
(viiia)
there are proper procedures and policies in place to ensure representation of employees by their union or other nominated representative where requested; and
(ix)
it can demonstrate appropriate resources to implement the foregoing policies and procedures.
(f)
In relation to section 185(1)(f) of the Act, and in addition to the matters set out in paragraph (e),—
(i)
it has policies and procedures that ensure—
(A)
accurate and timely assessments of immediate post-injury needs are carried out;
(B)
planning for rehabilitation is undertaken;
(C)
rehabilitation is undertaken in an open, consultative manner and in line with agreed procedures;
(D)
an individual rehabilitation plan is prepared and updated in a timely manner;
(ii)
it has ongoing policies and procedures (developed and implemented with the involvement of the employees’ union(s) where present or, if no union, with employee representatives) in place that support the safe and sustainable maintenance of injured employees at work or their safe, early and sustainable return to work;
(iii)
the systems include provision for the out-of-work impact on the injured employee to be considered and appropriately managed; and
(iv)
it will make known to its employees its commitment to at work rehabilitation (wherever possible) for injured employees.
(g)
In relation to section 185(1)(g) of the Act,—
(i)
it has in place processes and procedures that ensure that all claims by employees who have suffered a work-related personal injury are recorded, including, in each case, full details of—
(A)
the accident;
(B)
the circumstances surrounding the accident;
(C)
the nature of the injury;
(D)
the severity of the injury;
(E)
the known consequences of the injury;
(F)
the nature and severity of the known consequences of the injury; and
(G)
all decisions relating to the acceptance or otherwise of the claim.
(ii)
it has in place processes and procedures that ensure that there are full records of—
(A)
all statutory entitlements claimed by employees;
(B)
all decisions made as to the acceptance or otherwise of those claims and the treatment and rehabilitation of the employee concerned;
(C)
all entitlements provided, and the manner of their provision;
(D)
all payments made on account of statutory entitlements;
(E)
all treatment and rehabilitation provided and other non-monetary steps taken;
(F)
all relevant calculations; and
(G)
all interactions with treatment providers.
(iii)
Such records are capable of being transferred in computer form; and
(iv)
the systems in place will allow that Accredited Employer to provide monthly reports to the Corporation as specified in the Accreditation Agreement.
(h)
In relation to section 185(1)(h) of the Act,—
(i)
it has substantial net worth (being total assets minus total liabilities);
(ii)
its contingent liabilities are not excessive (details are to be provided including an evaluation as to likely crystallisation of those liabilities);
(iii)
it has an appropriate working capital ratio based on current assets (being cash, marketable securities, and trade receivables) divided by current liabilities;
(iv)
it has an appropriate equity to debt ratio (being net worth divided by total liabilities); and
(v)
it has an appropriate return on equity (being net profit divided by total equity).
(ha)
The figures in paragraph (h) should, where possible, be provided for the 3 financial periods preceding the application and include best estimates for at least the then current financial period and the next financial period.
(hb)
For the purposes of paragraphs (h) and (ha), period will normally mean a year.
(i)
In relation to section 185(1)(i) of the Act,—
(i)
it has involved its employees and any representatives of its employees in developing the occupational health and safety procedures referred to in this subclause; and
(ii)
it has given its employees and any representatives of its employees adequate opportunities for input into the application for admission to the Accredited Employers Programme.
11.4
The Corporation may, from time to time, develop and apply operational procedures which are consistent with the criteria in subclause 11.2 and the tests in subclause 11.3, being procedures for determining if the intended Accredited Employer satisfies the criteria in subclause 11.2 and the extent to which the intended Accredited Employer meets the tests which the Corporation is required to have regard to under subclause 11.3.
11.5
An employer applying to join the Accredited Employers Programme must provide to the Corporation evidence that it satisfies each of the criteria in subclause 11.2 and as to the degree to which it meets each of the tests in subclause 11.3. Such evidence must be verified by an independent person or persons acceptable to the Corporation. The Corporation, in its absolute discretion, may require the employer to provide further information about any aspect of the application.
11.6
When applying to join the Accredited Employers Programme, the employer owes to the Corporation a duty of absolute good faith to disclose all relevant information.
11.7
The Corporation must promptly assess each application by an employer to join the Accredited Employers Programme (supported as required under subclause 11.5), according to its merits in light of the statutory criteria and this Framework.
11.8
The Corporation must treat the information provided by the applicant employer as confidential and not use the information other than—
(a)
for the purpose for which the information was received or other purposes directly related to that purpose; or
(b)
for statistical or research purposes provided there is no publication of the information in a form that could reasonably be expected to identify the employer concerned.
11.9
Once an employer becomes an Accredited Employer, the Corporation must comply with the confidentiality provisions contained in the relevant Accreditation Agreement. However, if there are no confidentiality provisions in the Accreditation Agreement, subclause 11.8 will continue to apply to the Corporation.
Clause 11.1: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.1: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f) and (g), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 11.2: replaced, on 1 April 2025, by clause 16(1) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3: amended, on 1 April 2025, by clause 16(2) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3: editorial change made by the PCO, on 1 April 2025, under sections 86(1) and 87(l)(ii) of the Legislation Act 2019 (2019 No 58).
Clause 11.3(a): amended, on 1 April 2025, by clause 16(3)(a) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(a)(i): amended, on 1 April 2025, by clause 16(3)(b) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(a)(iii): amended, on 1 April 2025, by clause 16(3)(c) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(a)(iiia): inserted, on 1 April 2025, by clause 16(4) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(b): amended, on 1 April 2025, by clause 16(5) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(b)(i): revoked, on 1 April 2025, by clause 16(6) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(b)(ii): replaced, on 1 April 2025, by clause 16(7) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(b)(iii): revoked, on 1 April 2025, by clause 16(8) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(b)(vi): replaced, on 1 April 2025, by clause 16(9) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(b)(vii): replaced, on 1 April 2025, by clause 16(9) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(b)(viii): replaced, on 1 April 2025, by clause 16(10) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(c): amended, on 1 April 2025, by clause 16(11) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(d): replaced, on 1 April 2025, by clause 16(12) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(e): amended, on 1 April 2025, by clause 16(13) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(e)(iv): amended, on 1 April 2025, by clause 16(14) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(e)(vi): amended, on 1 April 2025, by clause 16(15) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(e)(vii): replaced, on 1 April 2025, by clause 16(16) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(e)(viii): replaced, on 1 April 2025, by clause 16(17) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(e)(viiia): inserted, on 1 April 2025, by clause 16(17) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(f): amended, on 1 April 2025, by clause 16(18)(a) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(f): editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 11.3(f)(i): replaced, on 1 April 2025, by clause 16(19) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(f)(ii): amended, on 1 April 2025, by clause 16(18)(b) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(i)(i): editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f) and (g), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 11.3(g): amended, on 1 April 2025, by clause 16(20) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(g)(i): replaced, on 1 April 2025, by clause 16(21) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(g)(ii): replaced, on 1 April 2025, by clause 16(22) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(g)(ii) number: editorial change made by the PCO, on 11 March 2026, under sections 86(1) and 87(l)(iii) and (iv) of the Legislation Act 2019 (2019 No 58).
Clause 11.3(g)(iv): replaced, on 1 April 2025, by clause 16(23) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(h): replaced, on 1 April 2025, by clause 16(24) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(ha): inserted, on 1 April 2025, by clause 16(24) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(hb): inserted, on 1 April 2025, by clause 16(24) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.3(i): amended, on 1 April 2025, by clause 16(25) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.4: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.4: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 11.5: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.5: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 11.6: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.7: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.7: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 11.8: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 11.8: editorial change made by the PCO, on 1 April 2025, under sections 86(1) and 87(l)(ii) of the Legislation Act 2019 (2019 No 58).
Clause 11.9: inserted, on 1 April 2025, by clause 16(26) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
12 More than 1 employer
12.1
The Corporation may enter into an Accreditation Agreement with 2 or more employers if—
(a)
those employers are members of a group; and
(b)
each of those employers undertakes, in the Accreditation Agreement, joint and several liability for all payments, liabilities, and obligations arising under the Accreditation Agreement (including in relation to employees of any of those employers).
12.2
In forming its opinion under clause 11 about an employer who wishes to enter an Accreditation Agreement referred to in subclause 12.1, the Corporation may have regard to whether the group as a whole meets—
(a)
the accreditation requirements set out in section 185(1)(a) to (h) of the Act; and
(b)
the tests set out in clause 11.3.
12.3
In forming its opinion under clause 27 about an Accredited Employer who wishes to extend or renew an Accreditation Agreement referred to in subclause 12.1, the Corporation may have regard to whether the group as a whole—
(a)
meets the accreditation requirements set out in section 185(1)(a) to (h) of the Act;
(b)
meets the tests set out in clause 11.3; and
(c)
is able to comply with the requirements in the Accreditation Agreement (see clause 27.1).
12.4
Subclauses 12.5 and 12.6 apply if an Accredited Employer that is a member of a group to which this clause applies ceases to be a member of the group.
12.5
12.6
The minimum cover period required by clause 4.6 or 7.6 (as applicable) does not apply to any variation of the Accreditation Agreements between the Corporation and the remaining members of the group.
12.7
Subclauses 12.8 and 12.9 apply if an employer joins, or proposes to join, a group to which this clause applies and wishes to become an Accredited Employer.
12.8
12.9
The minimum cover period required by clause 4.6 or 7.6 (as applicable) does not apply to the Accreditation Agreement between the Corporation and the new member of the group.
Clause 12: replaced, on 1 April 2025, by clause 17 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
13 Injured employees
13.1
The Accreditation Agreement must specify that whenever a work-related personal injury claim is made by an employee of an Accredited Employer, that Accredited Employer must—
(a)
promptly process the claim; and
(b)
keep the employee fully and regularly informed of what is happening; and
(c)
inform the employee of any review or appeal rights that the employee may have if dissatisfied with the decisions of the Accredited Employer; and
(d)
promptly pay all treatment providers the treatment expenses for which the Accredited Employer is liable; and
(e)
properly and fully document the matters referred to in clause 11.3(g).
13.2
During the Claim Management Period, the Accredited Employer must provide all statutory entitlements in relation to work-related personal injuries suffered by that Accredited Employer’s employees and pay all the costs in relation to every claim by an employee for a work-related personal injury (including administration costs).
13.3
Subclause 13.2 does not apply—
(a)
to the extent expressly agreed in the Accreditation Agreement for Partnership Discount (if a member of the Partnership Discount Plan);
(b)
to the extent that the Accredited Employer and the Corporation from time to time agree under section 187(2) of the Act that the Corporation will assume some or all of the Accredited Employer’s liability in relation to a particular employee on such terms as the Corporation thinks fit;
(c)
to health related costs that are bulk funded by the Corporation (being public health acute services costs); and
(d)
as provided for in clause 16 (if applicable).
13.4
For the purposes of subclause 13.2—
(a)
the statutory entitlements are, during the Claim Management Period for that injury, to be met by the Accredited Employer except to the extent expressly stated in subclause 13.2;
(b)
the Accredited Employer must pay (or reimburse to the Corporation if required by the Corporation) all obligations that have accrued at the date of expiry of the Claim Management Period;
(c)
weekly compensation accrues from day to day;
(d)
if an employee of that Accredited Employer suffers a work-related personal injury and incurs entitlement costs in respect of that injury the costs of which are borne by the Corporation, the Accredited Employer must reimburse those costs to the Corporation;
(e)
the Accredited Employer is liable to the Corporation for any expenses incurred in respect of the claim by the Corporation (being expenses unreasonably deferred or not met by the Accredited Employer) after the end of the relevant Claim Management Period or on termination or cancellation of an Accreditation Agreement;
(f)
nothing in this clause precludes the Accredited Employer from providing more assistance to the employee than the statutory minimum but the Accredited Employer must inform the employee that—
(i)
more than the statutory minimum is being paid; and
(ii)
the Corporation will not be liable to continue to pay more than the statutory minimum if responsibility for the claim passes to the Corporation; and
(g)
if the Corporation has responsibilities and obligations under sections 48 to 68 of the Act that arise as a result of a work-related personal injury to an employee of the Accredited Employer, the Accredited Employer must accept those responsibilities and obligations unless the Act, this Framework, or the context requires otherwise.
Clause 13.1: editorial change made by the PCO, on 1 April 2025, under sections 86(1) and 87(l)(ii) of the Legislation Act 2019 (2019 No 58).
Clause 13.1(e): editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 13.2: replaced, on 1 April 2025, by clause 18 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 13.3: replaced, on 1 April 2025, by clause 18 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 13.4: replaced, on 1 April 2025, by clause 18 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
13A Costs in relation to injured employees
13A.1
This clause applies to a specified injury so that, if the Accredited Employer is the insurer (as defined in section 341(1) of the Act), it is to be entitled to recover a proportion of the costs of providing entitlements (and associated costs) to the employee under section 111(2) or 113 (as applicable) of the 1998 Act as saved by section 342 of the Act.
13A.2
The Accredited Employer must manage the claim and make the same payments of statutory entitlements as would be required if it were the Accredited Employer of the injured employee for the whole period of the work-related gradual process, disease, or infection or when the previous personal injury (as defined in section 112 of the 1998 Act as saved by section 342 of the Act) occurred (as applicable).
13A.3
The Accredited Employer may notify the Corporation of the circumstances of the claim and the basis for contending that, if it had been the insurer, it would have been entitled to recover a proportion of the costs of providing the statutory entitlements (and associated costs) referred to in subclause 13A.2.
13A.4
On receipt of notice under subclause 13A.3, the Corporation must—
(a)
take all appropriate steps in a timely manner to check the validity of the claim; and
(b)
act in accordance with subclause 13A.5, 13A.6, or 13A.7 (as applicable).
13A.5
If the claim is valid and the Corporation was the contributing insurer (as defined in section 109 or 112 (as applicable) of the 1998 Act as saved by section 342 of the Act), and the previous employer was not an Accredited Employer at the relevant time, the Corporation must pay to the Accredited Employer the appropriate amount (calculated under section 110(2), 111(2), or 113(2) (as applicable) of the 1998 Act as saved by section 342 of the Act).
13A.6
If the claim is valid and if the Corporation was not the contributing insurer or if the previous employer at the relevant time was an Accredited Employer, the Corporation must take reasonable steps to recover the appropriate amount (calculated under section 110(2), 111(2), or 113(2) (as applicable) of the 1998 Act as saved by section 342 of the Act) on behalf of the Accredited Employer and account to the Accredited Employer for all recoveries (after deduction of reasonable collection expenses).
13A.7
If the Corporation considers the claim not to be valid, the Corporation must promptly notify the Accredited Employer.
13A.8
For the purposes of this clause, specified injury means an injury that is—
(a)
of the type defined in section 30 of the Act (a work-related gradual process, disease, or infection); or
(b)
a subsequent injury (as defined in sections 294 to 297 of the Act as saved by section 342 of the Act).
Clause 13A: inserted, on 1 April 2025, by clause 19 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
14 Claims
14.1
Each Accredited Employer is to agree to use its best endeavours to ensure that employees suffering a work-related personal injury lodge any resulting claim with that Employer.
14.2
If any such claim is first lodged with the Corporation, the Corporation must promptly forward such claim to the Accredited Employer and, at the same time, notify the affected employee and known treatment provider that this has been done and that further contact should be direct with the Accredited Employer.
14.3
[Revoked]14.4
[Revoked]14.5
Subclause 14.5A applies, despite clause 13.2, and subclauses 14.1 and 14.2, if the Corporation, in its absolute discretion, considers, for a specified reason, that it is in a claimant’s interests that the claim be managed by the Corporation rather than be self-managed by the Accredited Employer.
14.5A
On receiving a claim referred to in subclause 14.5 directly from the claimant, or becoming aware that a claim has been received by an Accredited Employer, the Corporation will, for a period and on terms that the Corporation thinks fit,—
(a)
assume some or all of the Accredited Employer’s liability for the claim; and
(b)
manage the claim.
14.5B
For the purpose of this clause,—
serious ongoing injury includes—
(a)
tetraplegia;
(b)
paraplegia;
(c)
an incomplete spinal cord injury where full recovery is not anticipated;
(d)
a brain injury where full recovery is not anticipated; or
(e)
any injury or combination of injuries that render it unlikely that a return to work will be achieved
specified reason means a reason—
(a)
of a sensitive, personal nature related to—
(i)
the affected employee; or
(ii)
the circumstances giving rise to the claim; or
(b)
related to the unusual nature or extent of the claimant’s entitlements, including an entitlement relating to—
(i)
a serious ongoing injury;
(ii)
a treatment injury within the meaning of section 32 of the Act; or
(iii)
a personal injury resulting from treatment for a work-related injury (see section 28(5) of the Act).
14.6
If, under subclause 14.5A, the Corporation is managing a claim, the Corporation must keep the Accredited Employer informed to the greatest extent practicable, consistent with the interests of the employee and the reasons giving rise to the Corporation managing the claim.
14.7
If, under subclause 14.5A, the Corporation is managing a claim, the Accredited Employer will reimburse the Corporation for all costs and expenses incurred by the Corporation in relation to the claim (including proper allowance for the case management expenses that would not have been incurred by the Corporation but for the decision to handle the claim).
14.8
Nothing in subclauses 14.5, 14.6 and 14.7 are to be read—
(a)
as reducing the rights of an insured to elect, under section 28(6) of the Act, to have a personal injury (of the type described in that section) regarded as a non-work injury; or
(b)
as altering the consequences of such an election.
Clause 14 heading: replaced, on 1 April 2025, by clause 20(1) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 14.2: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 14.3: revoked, on 1 April 2025, by clause 20(2) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 14.4: revoked, on 1 April 2025, by clause 20(2) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 14.5: replaced, on 1 April 2025, by clause 20(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 14.5A: inserted, on 1 April 2025, by clause 20(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 14.5B: inserted, on 1 April 2025, by clause 20(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 14.6: replaced, on 1 April 2025, by clause 20(4) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 14.7: replaced, on 1 April 2025, by clause 20(5) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 14.8: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f) and (l)(ii), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 14.8(a): amended, on 1 April 2025, by clause 20(6) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
15 Reviews
15.1
The rights of employees of an Accredited Employer to dispute decisions by the employer as to statutory entitlements are those contained in Part 5 of the Act.
15.2
For the purposes of a review under Part 5 of the Act,—
(a)
the Corporation is to provide the reviewer under section 137 of the Act;
(b)
the Accredited Employer is to be responsible for arguing the Corporation’s interest in the review;
(c)
the Accredited Employer is liable to pay the reasonable cost of conducting the review;
(d)
the reasonable cost of conducting the review may be set out in the Accreditation Agreement; and
(e)
for all other purposes, when the Corporation is referred to in Part 5, then, if the context permits, the Accredited Employer is to be treated as if it were the Corporation and is liable for the resulting expense as if it were the Corporation.
Clause 15 heading: replaced, on 1 April 2025, by clause 21(1) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 15.1: amended, on 1 April 2025, by clause 21(2) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 15.2: replaced, on 1 April 2025, by clause 21(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
16 Employer liability cap
16.1
For the purpose of this clause,—
(a)
Limit means any liability to provide statutory entitlements in respect of work-related personal injuries suffered by its employees in any one Cover Period in excess of the percentage of the Risk (as defined in subclause 16.4) as is nominated under subclause 16.2:
(b)
if the Limit applies, the Corporation will be responsible, on the terms in this clause, for any statutory entitlement in excess of the Limit.
16.2
An Accredited Employer within the Full Self Cover Plan must, and an Accredited Employer within the Partnership Discount Plan may, elect to be protected from liability in excess of an amount between 160% of the Risk and 250% of the Risk.
16.3
[Revoked]16.3A
The election referred to in subclause 16.2 is to be contained in the Accreditation Agreement or, if not there, may be exercised by notice in writing to the Corporation—
(a)
not less than 3 months before the commencement of the Cover Period to which it relates; or
(b)
a shorter period agreed in the Accreditation Agreement.
16.3B
The notice referred to in subclause 16.3A is irrevocable.
16.3C
Despite subclause 16.3A, the Corporation may accept exercise of the election referred to in subclause 16.2 by notice in writing at a time outside the time periods specified in subclause 16.3A.
16.4
For the purpose of this clause,—
(a)
Risk means—
R = A × B × C
where—
| R = | Risk (in dollars) |
| A = | the levy (expressed as a percentage) that would have been payable in that year by the Accredited Employer if the Accredited Employer were not a member of the Accredited Employers Programme and if there was no safety management practices discount. For the avoidance of doubt the levy is to be calculated without allowance for rebates either under this Framework or performance rebates or discounts or otherwise and without allowance for penalties |
| B = | total employee earnings paid by the Accredited Employer in the Cover Period that are liable to be included in the calculation of the levy amount |
| C = | loss ratio for the Accredited Employer for the Cover Period, as determined by the Corporation. |
(b)
the Risk covered is for the total of all statutory entitlements for which the Accredited Employer is liable arising from all work-related personal injuries of employees of the Accredited Employer in that Cover Period and—
(i)
includes, if appropriate, liabilities arising under clause 10.1(b):
(ii)
excludes case management expenses and expenses that would, in any event, be payable by an employer who is in the same situation but who is not an Accredited Employer (including the first week’s compensation).
16.5
If, in respect of any Cover Period, an Accredited Employer will, or is likely to, exceed the Limit it must immediately notify the Corporation in writing of that together with full details of—
(a)
claimants;
(b)
payments made;
(c)
payments anticipated to be made;
(d)
the amount of earnings already paid in the Cover Period and the amount of earnings expected to be paid in the remainder of that Cover Period (being earnings that are used to calculate item B of the formula in subclause 16.4(a)); and
(e)
any special circumstances giving rise to the Limit being, or being likely to be, exceeded.
16.5A
In addition to the information referred to in subclause 16.5, the Accredited Employer must provide the Corporation with any further information that the Corporation requires.
16.6
For the purposes of calculating if the Limit is or is likely to be exceeded for Accredited Employers in the Full Self Cover Plan, future liabilities are to be calculated in the same way as is set out in clauses 10.2, 10.3 and 10.4.
16.7
Notwithstanding that the Corporation is notified that the Limit is or is likely to be exceeded,—
(a)
the Accredited Employer must remain liable up to the Limit and is to continue to be responsible for case management for the remaining Claim Management Period; and
(b)
if the claims expenses then incurred by the Accredited Employer (being expenses that are included in the calculation of the Limit) exceed the Limit then, at the end of the Claim Management Period or such earlier date as may be agreed between the Accredited Employer and the Corporation, the Corporation must reimburse the Accredited Employer for any expenses over the Limit for which it is liable within 1 month of being provided with satisfactory evidence that such expenses have been actually incurred.
16.8
[Revoked]16.9
For the avoidance of doubt, all calculations (including the level of the Limit and whether it has been or is likely to be exceeded) are to be made exclusive of goods and services tax.
Clause 16.1: substituted, on 1 July 2000, by clause 7(1) of the Accident Insurance (Accredited Employers Framework) Amendment Notice 2000 (SR 2000/121).
Clause 16.1: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), (g), and (l)(ii), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 16.1(a): editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f) and (i), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 16.1(a): amended, on 1 April 2007, by clause 6(1) of the Injury Prevention, Rehabilitation, and Compensation (Accredited Employers Framework) Amendment Notice 2007 (SR 2007/15).
Clause 16.1(b): amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 16.1(b): editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f) and (g), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 16.2: substituted, on 1 April 2007, by clause 6(2) of the Injury Prevention, Rehabilitation, and Compensation (Accredited Employers Framework) Amendment Notice 2007 (SR 2007/15).
Clause 16.3: revoked, on 1 April 2007, by clause 6(2) of the Injury Prevention, Rehabilitation, and Compensation (Accredited Employers Framework) Amendment Notice 2007 (SR 2007/15).
Clause 16.3A: replaced, on 1 April 2025, by clause 22(1) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 16.3B: inserted, on 1 April 2025, by clause 22(1) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 16.3C: inserted, on 1 April 2025, by clause 22(1) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 16.4: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), (g), and (l)(ii), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 16.4(a): editorial changes made by the PCO, on 1 April 2025, under sections 86(1) and 87(i) and (l)(ii) of the Legislation Act 2019 (2019 No 58).
Clause 16.4(a) formula: substituted, on 1 April 2007, by clause 6(4) of the Injury Prevention, Rehabilitation, and Compensation (Accredited Employers Framework) Amendment Notice 2007 (SR 2007/15).
Clause 16.4(a) formula item A: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 16.4(a) formula item B: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 16.4(a) formula item C: added, on 1 April 2007, by clause 6(5) of the Injury Prevention, Rehabilitation, and Compensation (Accredited Employers Framework) Amendment Notice 2007 (SR 2007/15).
Clause 16.4(a) formula item C: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 16.4(b): replaced, on 1 April 2025, by clause 22(2) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 16.5: replaced, on 1 April 2025, by clause 22(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 16.5A: inserted, on 1 April 2025, by clause 22(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 16.6: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 16.6: amended, on 1 July 2000, by clause 7(2) of the Accident Insurance (Accredited Employers Framework) Amendment Notice 2000 (SR 2000/121).
Clause 16.7: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 16.7: editorial change made by the PCO, on 1 April 2025, under sections 86(1) and 87(l)(ii) of the Legislation Act 2019 (2019 No 58).
Clause 16.7(b): amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 16.8: revoked, on 1 April 2025, by clause 22(4) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 16.9: added, on 1 July 2000, by clause 7(3) of the Accident Insurance (Accredited Employers Framework) Amendment Notice 2000 (SR 2000/121).
17 Incompatibility of private insurance
17.1
An Accredited Employer must not enter into any contract or arrangement which removes all or any part of the financial responsibility that the Accredited Employer has, to any of its employees who suffer a work-related personal injury during the Cover Period or to the Corporation, to meet the statutory entitlements of the employees and associated costs as provided for in the relevant Accreditation Agreement.
17.2
Nothing in subclause 17.1 prevents—
(a)
an Accredited Employer from entering into an agreement with a provider of treatment or rehabilitation services (or both) for meeting the costs that the provider would otherwise charge to the claimant employee (as provided for in clauses 1 to 6 of Schedule 1 of the Act); or
(b)
the requisite statutory entitlement being provided by another member of a group if an Accredited Employer is a member of that group.
Clause 17: replaced, on 1 April 2025, by clause 23 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
18 Delegations
18.1
The responsibilities of each Accredited Employer are to be personal to that employer.
18.2
Notwithstanding subclause 18.1 and clause 11.3(c)(ii), an Accredited Employer may utilise the services of a third party to provide claim and case management services provided—
(a)
the Accredited Employer retains overall responsibility for claim and case management; and
(b)
the Accredited Employer maintains direct personal involvement with the claimant in respect of the claimant’s injury management and rehabilitation; and
(c)
the third party provider has, in the opinion of the Corporation, the functional capacity to carry out its responsibilities under the Act and this Framework; and
(d)
the Accredited Employer makes full disclosure of the relationship (including the nature of the third party provider’s obligations) that exists or will exist with the third party provider; and
(e)
the Accredited Employer will procure that the third party provider undertakes to the Accredited Employer and the Corporation to advise treatment providers as to who has the ultimate responsibility for managing the claim and paying the treatment expenses; and
(f)
the Accredited Employer first obtains the consent of the Corporation. Such consent is not to be unreasonably withheld if the Corporation is satisfied that the requirements of paragraphs (a), (b), (c), (d), and (e) and the objectives of the Act have been met. The Corporation may impose reasonable conditions as part of any such consent.
18.3
If an Accredited Employer proposes to utilise a different third party to provide claim and case management services, they must first obtain the consent of the Corporation and subclause 18.2(f) applies to the Corporation.
18.4
If an Accredited Employer proposes to stop utilising a third party to provide claim and case management services, they must first obtain the consent of the Corporation.
18.5
The Corporation must not unreasonably withhold its consent under subclause 18.3 or 18.4 if it is satisfied that the Accredited Employer itself has, or will have, the capacity to provide the claim and case management services required under the Accreditation Agreement.
Clause 18.2: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f) and (l)(ii), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 18.2(c): amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 18.2(e): amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 18.2(f): amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 18.2(f): editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 18.3: inserted, on 1 April 2025, by clause 24 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 18.4: inserted, on 1 April 2025, by clause 24 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 18.5: inserted, on 1 April 2025, by clause 24 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
19 Reporting and information
19.1
Every Accredited Employer must regularly report to the Corporation on matters relating to the Accredited Employer’s functions under this Framework and the Accreditation Agreement during the Cover Period and ensuing Claim Management Period.
19.2
The reports are—
(a)
to be provided at the frequency specified in the Accreditation Agreement;
(b)
to be in the form specified in the Accreditation Agreement; and
(c)
to contain the information specified in the Accreditation Agreement.
19.3
Information created by the Accredited Employer for the purpose of managing a work-related personal injury claim made by an employee of that employer is the property of the Corporation and—
(a)
the Corporation is entitled to access that information at all reasonable times; and
(b)
if the employee has more than 1 employer, the Accredited Employer consents to the sharing of information with the other employer as the Corporation considers necessary to fulfil the obligations of the Corporation to the employee under the Act.
Clause 19: replaced, on 1 April 2025, by clause 25 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
20 Monitoring and audit framework
20.1
The Corporation must maintain an ongoing monitoring and audit programme of Accredited Employers to ensure the entry requirements set out in clause 11 are maintained and that claimant interests are appropriately addressed.
20.2
This ongoing monitoring and audit programme must include—
(a)
a review of the reporting of claims details and expenditure. This information is to be utilised to provide regular comparative benchmarking reports for the Corporation and the individual Accredited Employer and their third party providers (if any) and to allow the identification of any follow-up issues while still protecting privacy and commercial sensitivity;
(b)
regular audits of individual Accredited Employer performance in relation to health and safety, claims management, and injury management (onsite when appropriate);
(c)
regular meetings between the representative of the Corporation and the Accredited Employer (onsite when appropriate);
(d)
in the discretion of the Corporation and in conjunction with the annual audit programme, an employee experience survey to determine overall employee satisfaction with the Accredited Employers Programme;
(e)
ongoing liaison with Accredited Employer’s workplace employee representatives (if any); and
(f)
monitoring of the ongoing solvency of the Accredited Employer and its expected ability to meet its obligations under the Accreditation Agreement.
20.3
The following requirements apply to the ongoing monitoring and audit programme referred to in subclause 20.2:
(a)
the Corporation must give representatives of the Accredited Employer, and representatives of employees of that Accredited Employer, an opportunity to be heard in relation to the audit before its completion;
(b)
the Accreditation Agreement may specify the frequency, terms, and standards for audits; and
(c)
the Corporation may—
(i)
engage a third party to undertake an audit on its behalf; or
(ii)
require the Accredited Employer that is being audited to provide and pay for the auditor who will report to the Corporation.
20.4
The Corporation is to establish an Accredited Employer reference group to serve as a way to effectively obtain employer views and feedback regarding the overall operation of the Accredited Employers Programme and identify potential areas for improvement (including in relation to the content and application of the monitoring and audit programme).
20.5
The Corporation must engage with Accredited Employers and their employees on an ongoing basis to facilitate employee and employer representative input and advice regarding the operation of the Accredited Employers Programme.
Clause 20.1: amended, on 1 April 2025, by clause 26(1) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 20.1: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 20.1: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 20.2: amended, on 1 April 2025, by clause 26(2) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 20.2: editorial change made by the PCO, on 1 April 2025, under sections 86(1) and 87(l)(ii) of the Legislation Act 2019 (2019 No 58).
Clause 20.2(a): amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 20.2(b): replaced, on 1 April 2025, by clause 26(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 20.2(c): replaced, on 1 April 2025, by clause 26(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 20.2(d): amended, on 1 April 2025, by clause 26(4) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 20.2(d): amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 20.2(e): amended, on 1 April 2025, by clause 26(2) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 20.3: replaced, on 1 April 2025, by clause 26(5) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 20.4: amended, on 1 April 2025, by clause 26(6)(a) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 20.4: amended, on 1 April 2025, by clause 26(6)(b) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 20.4: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 20.5: replaced, on 1 April 2025, by clause 26(7) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
21 Levy setting
21.1
21.2
The Corporation must seek the views of Accredited Employers by giving notice of its proposals with supporting details to—
(a)
the Accredited Employer reference group referred to in clause 20.4; and
(b)
individual Accredited Employers by notice in writing, to the extent practical.
21.2A
The notice must give the reference group and individual Accredited Employers at least 21 days to respond.
21.3
The Corporation must then consider the views expressed before finalising the relevant levy elements.
21.4
Failure to comply with the provisions of this clause is not to invalidate the levy set.
Clause 21 heading: replaced, on 1 April 2025, by clause 27(1) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 21.1: amended, on 1 April 2025, by clause 27(2) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 21.1: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 21.1: amended, on 22 March 2001, by clause 10 of the Accident Insurance (Accredited Employers Framework) Amendment Notice 2001 (SR 2001/41).
Clause 21.1: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
Clause 21.2: replaced, on 1 April 2025, by clause 27(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 21.2A: inserted, on 1 April 2025, by clause 27(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 21.3: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 21.4: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 21.4: editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f) and (g), and 89 of the Legislation Act 2019 (2019 No 58).
22 Payment of liabilities
22.1
In this clause, specified clause means any of clauses 10.2, 10.3, 10.4, 13.4(b), 13.4(d), 13.4(e), 14.7, 15.2(c), and 23.1.
22.2
Any liability referred to under the specified clauses (see subclause 22.1) must be paid to the Corporation or another person entitled to the payment within 1 month after demand in writing is made by the Corporation or another person entitled to the payment.
22.3
Subclause 22.2 applies despite any dispute as to the assessment of the liability but without prejudice to the rights of the Accredited Employer or other person entitled to the payment in respect of the dispute.
22.4
Unless expressly otherwise stated in this Framework, demand may be made—
(a)
by the Corporation by way of 1 or more of—
(i)
a lump sum after assessment; or
(ii)
as the expense is incurred; or
(iii)
as an advance payment; or
(b)
by another person entitled to the payment by 1 or both of—
(i)
as the expense is incurred; or
(ii)
as an advance payment.
22.5
Subclause 22.6 applies if an Accredited Employer has ceased to exist or fails or is unable to perform its obligations under an Accreditation Agreement or the Act.
22.6
For the purposes of section 187(3)(b) of the Act, the Corporation may make an actuarial assessment of the likely cost to the Corporation of performing the Accredited Employer’s obligations under section 187(3)(a) of the Act, including under clause 10.4.
22.7
If the Corporation gives notice in writing to the Accredited Employer, or to any insolvency practitioner appointed to act in respect of the Accredited Employer, any amount determined under subclause 22.6 will be included in the debt due to the Corporation from the Accredited Employer under section 187(3)(b).
22.8
A certificate from the Corporation’s auditors confirming or revising an amount determined under subclause 22.6 is conclusive evidence of the amount in the absence of manifest error.
22.9
For the purposes of subclause 22.7, insolvency practitioner has the meaning given to it in section 5(1) of the Insolvency Practitioners Regulation Act 2019.
Clause 22: replaced, on 1 April 2025, by clause 28 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
23 Cancellation or termination
23.1
On cancellation or early termination of any Accreditation Agreement before the Claim Management Period has expired, the Accredited Employer is to be liable to the Corporation for—
(a)
all unexpired obligations of the Accredited Employer under the Accreditation Agreement owed or due to employees who have suffered work-related personal injuries that have arisen or would have arisen but for the cancellation of the Accreditation Agreement; and
(b)
an allowance for any further claims that may arise during any remainder of the Cover Period (had it continued).
23.2
The amount of the liability under subclause 23.1 is to be calculated by the Corporation using the same methodology as set out in clauses 10.2 and 10.3 but—
(a)
taking into account the then known claimants together with provision for future possible claimants or reactivated claims;
(b)
with full allowance for the risks the Corporation has been obliged to take over; and
(c)
with full allowance for related administration costs, including under clause 10.4.
23.2A
If subclause 23.1 applies, the amount payable under subclause 23.1(b) is in lieu of an additional levy for any remainder of the then Cover Period (had it continued). For that limited period, the Accredited Employer is not liable for the levy it would otherwise have had to pay if it was an employer outside the Accredited Employers Programme.
23.3
On the expiry of each Claim Management Period or the cancellation or termination for any reason of any Accreditation Agreement, any affected Accredited Employer must provide all information and any assistance and co-operation reasonably required by the Corporation to enable the Corporation to—
(a)
promptly and efficiently take over the ongoing claims and case management of every employee of the Accredited Employer who has suffered a work-related personal injury during the Cover Period; and
(b)
act in the interests of the employee and the Corporation in relation to the case management.
Clause 23.1: replaced, on 1 April 2025, by clause 29(1) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 23.1 number: editorial change made by the PCO, on 11 March 2026, under sections 86(1) and 87(1)(iii) and (iv) of the Legislation Act 2019 (2019 No 58).
Clause 23.2: replaced, on 1 April 2025, by clause 29(2) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 23.2A: replaced, on 1 April 2025, by clause 29(3) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Clause 23.3: replaced, on 1 April 2025, by clause 29(4) of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
24 Dispute resolution
Each Accreditation Agreement must include provision for disputes between the Accredited Employer and the Corporation, being dispute resolution procedures appropriate to the types of disputes likely to arise between them under the Accreditation Agreement (which may include final offer arbitration).
Clause 24: amended, on 1 April 2025, by clause 32 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
25 Goods and services tax excluded
(1)
Unless this Framework otherwise provides, if this Framework requires the calculation of dollar amounts or costs, the calculation does not include any goods and services tax payable.
(2)
This clause is for the avoidance of doubt.
Clause 25: added, on 22 March 2001, by clause 11 of the Accident Insurance (Accredited Employers Framework) Amendment Notice 2001 (SR 2001/41).
Clause 25(2): editorial changes made by the PCO, on 1 April 2025, under sections 86(1), 87(f), and 89 of the Legislation Act 2019 (2019 No 58).
26 Amendments available at end of Cover Period
26.1
If an Accreditation Agreement for Partnership Discount or an Accreditation Agreement for Full Self Cover has at least 1 full Cover Period to run, the Accredited Employer under that Accreditation Agreement may, on giving the Corporation notice in writing, seek to—
(a)
reduce the duration of the Accreditation Agreement by specifying the Cover Period (which may include the current Cover Period) at the close of which the Accreditation Agreement will terminate; or
(b)
change from the existing plan to the other plan by specifying the Cover Period (which may include the current Cover Period) at the close of which the plan will change.
26.2
If an Accreditation Agreement for Partnership Discount or an Accreditation Agreement for Full Self Cover is in its final Cover Period, the Accredited Employer under that Accreditation Agreement may, on giving the Corporation notice in writing, seek to extend or renew the Accreditation Agreement for 1 or more Cover Periods.
26.3
For the purposes of subclause 26.2, the Corporation may, in its absolute discretion,—
(a)
agree to extend or renew the Accreditation Agreement on the same terms;
(b)
offer extension or renewal of the Accreditation Agreement on different terms to those requested by the Accredited Employer, including—
(i)
the type of Accreditation Agreement; or
(ii)
the length of Cover Periods; or
(iii)
the length of the Claim Management Period; or
(c)
decide not to extend or renew the Accreditation Agreement.
26.4
If the Accredited Employer accepts the Corporation’s offer of extension or renewal of the Accreditation Agreement on the different terms set out in subclause 26.3(b)(i) or (iii), the extension or renewal will not affect any Cover Periods that have already begun or their related Claim Management Periods.
26.5
A notice under subclause 26.1 or 26.2 must be given 3 months before the start of the Cover Period for which the change is to take effect, unless a different time period is provided for in the Accreditation Agreement.
Clause 26: replaced, on 1 April 2025, by clause 30 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
27 Extension or renewal of Accreditation Agreement
27.1
The Corporation may, on application, grant an extension or a renewal of an Accreditation Agreement if it is satisfied, on the basis of performance data, that the Accredited Employer—
(a)
meets the accreditation requirements in section 185(1)(a) to (h) of the Act;
(b)
meets the tests in clause 11.3; and
(c)
is able to comply with the requirements in the Accreditation Agreement.
27.2
The Corporation may develop and apply operational procedures for determining whether an Accredited Employer applying for an extension or a renewal meets the requirements and tests set out in subclause 27.1.
27.3
An Accredited Employer applying for an extension or a renewal of the Accreditation Agreement must provide the Corporation with any evidence that the Corporation requires to enable the Corporation to be satisfied that the Accredited Employer meets the requirements and tests set out in subclause 27.1.
27.4
The Corporation, in its absolute discretion, may require the Accredited Employer to provide further information about any aspect of the application.
27.5
An Accredited Employer must comply fully with the requirements under subclauses 27.3 and 27.4, including by disclosing all relevant details of the evidence and further information required by the Corporation.
27.6
The Corporation must promptly assess each application by an Accredited Employer to extend or renew an Accreditation Agreement (supported as required under subclauses 27.3 and 27.4 (as applicable)), according to its merits on the basis of section 185 of the Act and this Framework.
Clause 27: inserted, on 1 April 2025, by clause 31 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
28 New or amended terms in Accreditation Agreements
28.1
Subclause 28.2 applies to an Accreditation Agreement that is 1 or more of the following:
(a)
a new Accreditation Agreement:
(b)
an extension of an existing Accreditation Agreement:
(c)
a renewal of an existing Accreditation Agreement.
28.2
Despite clause 26.4, an Accreditation Agreement may include new or amended terms relating to requirements about claims management performance or monitoring and assessment of requirements for any of the Accredited Employer’s Claim Management Periods if the Corporation considers that the new or amended terms will not significantly increase costs or risks for the Accredited Employer in relation to employee injuries that arose during past Cover Periods.
Clause 28: inserted, on 1 April 2025, by clause 31 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
29 Employer ceasing to be an Accredited Employer
If an employer ceases to be an Accredited Employer as a result of reducing the duration of the Accreditation Agreement under clause 26.1(a), that employer may not become an Accredited Employer again unless,—
(a)
before 2 years have elapsed since the date on which the employer ceased to be an Accredited Employer, the Corporation agrees to the employer becoming an Accredited Employer again; or
(b)
2 years have elapsed since the date on which the employer ceased to be an Accredited Employer.
Clause 29: inserted, on 1 April 2025, by clause 31 of the Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22).
Dated at Wellington this 10th day of April 2000.
The Hon Dr Michael Cullen,
Minister for Accident Insurance.
Date of notification in Gazette: 22 June 2000.
Accident Insurance (Accredited Employers Framework) Amendment Notice 2001
(SR 2001/41)
Pursuant to section 326C of the Accident Insurance Act 1998, the Minister for Accident Insurance gives the following notice.
Notice
1 Title
(1)
This notice is the Accident Insurance (Accredited Employers Framework) Amendment Notice 2001.
(2)
In this notice, the Framework for the Accredited Employers Programme (SR 2000/111) is called “the principal notice”
.
2 Commencement
This notice comes into force on its notification in the Gazette.
12 Transitional provisions
(1)
Despite paragraph 10A.4 of the principal notice,—
(a)
an employer under a Contract for Full Self Cover that is in effect at the time this notice comes into force who wishes to elect to purchase High Cost Claim Cover under paragraph 10A.4 of the principal notice in respect of the Cover Period commencing on 1 April 2001 must give the Manager a notice in writing to that effect before the close of 31 March 2001; and
(b)
on giving notice in accordance with paragraph (a), the employer is to be treated as having complied with the notice requirement of paragraph 10A.4 of the principal notice; and
(c)
the Manager must negotiate an amendment to the Contract that gives effect to the election.
(2)
Despite paragraphs 26.1 to 26.3 of the principal notice,—
(a)
an employer under a Contract in effect at the time this notice comes into force who wishes to change from the employer’s existing Plan to the other Plan, or to reduce the duration of the Contract, with effect on and from 1 April 2001, must give the Manager a notice in writing to that effect before the close of 31 March 2001; and
(b)
on giving notice in accordance with paragraph (a), the employer is to be treated as having complied with the notice requirements of paragraphs 26.1 to 26.3; and
(c)
the Manager must negotiate an amendment to the Contract that gives effect to the change.
Dated at Wellington this 13th day of March 2001.
Michael Cullen,
Minister for Accident Insurance.
Date of notification in Gazette: 22 March 2001.
Notes
1 General
This is a consolidation of the Framework for the Accredited Employers Programme that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Framework for the Accredited Employers Programme Amendment 2024 (SL 2024/22)
Injury Prevention, Rehabilitation, and Compensation (Accredited Employers Framework) Amendment Notice 2008 (SR 2008/58)
Injury Prevention, Rehabilitation, and Compensation (Accredited Employers Framework) Amendment Notice 2007 (SR 2007/15)
Injury Prevention, Rehabilitation, and Compensation (Accredited Employers Framework) Amendment Notice 2005 (SR 2005/74)
Accident Insurance (Accredited Employers Framework) Amendment Notice 2001 (SR 2001/41)
Accident Insurance (Accredited Employers Framework) Amendment Notice 2000 (SR 2000/121)
Versions
Framework for the Accredited Employers Programme
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