Section 168A — Workers Compensation Act 1987 (NSW)

(1) The Nominal Insurer must not file an insurance premium with the Authority if the filing of the premium would result in an increase during the insurance premium freeze period in the insurance premium target collection rate relative to the insurance premium target collection rate for the 2025/26 financial year.
(2) The Authority may reject an insurance premium filed with the Authority for reasons other than the insurance premium target collection rate.
(3) To avoid doubt, this section does not prevent a variation, including an increase, in the insurance premium under an employer’s policy of insurance in accordance with the Nominal Insurer’s premium-setting methodology, filed with the Authority.
(4) The regulations may provide for matters relating to the prohibition on the filing of insurance premiums under this section, including providing for the variation of the Workers Compensation Market Practice and Premiums Guidelines.
(5) To the extent of an inconsistency between a regulation made under this section and the Workers Compensation Market Practice and Premiums Guidelines, the regulation prevails.
(6) In this section—
insurance premium freeze period means the period—
(a) starting on 30 June 2026, and
(b) ending at 4pm on 30 June 2028.
insurance premium target collection rate means the total premium expected to be collected, including loadings, discounts and adjustments but excluding the Dust Diseases Contribution and the Mine Safety Fund Premium Adjustment, divided by total portfolio wages for the premium renewal year.
(7) This section is repealed on 1 July 2028.

Related sections

• s 163B — Issue of stop work order to uninsured employer
• s 164 — Employer—offences relating to policies of insurance
• s 168 — Workers Compensation Market Practice and Premiums Guidelines
• s 169 — Rejection of premiums
• s 171 — Payment of premiums by instalments
• s 172 — Recovery of unpaid premiums

Research how courts apply s 168A

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.