Key activity between 1 July - 30 September 2021

SIRA continues to target its enforcement activities on areas of highest risk. SIRA takes firm enforcement action which is commensurate to the level of real or potential harm, the scope of the non-compliance (e.g., whether it is systemic), the severity of the wrongdoing, and the need for general or specific deterrence.

These regulatory activities are complemented by education and support initiatives. Together these contribute to our strategic goals of improving customer experience and results, maintaining scheme and policy affordability, and building public trust.

Regulatory, education and support activities for the period 1 July – 30 September 2021 include:

Employers:

778 businesses purchased a workers compensation policy after SIRA commenced non-insurance investigations. This reflects over $2,608,122 in additional premium raised and 3,061 more employees now being covered by a workers compensation policy
SIRA issued 121 penalty notices each for the value of $750 under s155 of the Workers Compensation Act 1987 for non-insurance totalling $90,750
SIRA made 78 referrals to Revenue NSW to commence recovery action for $1,102,351 of double avoided premiums under s156 of the Workers Compensation Act 1987.

Workplace injury management obligations:

15 notices were issued to employers who had failed to establish a return-to-work program, failed to appoint a return-to-work coordinator, or not provided suitable work pursuant to the Workplace Injury Management and Workers Compensation Act 1998
Inspectors made 78 visits to employers with injured workers at risk of not returning to work
263 letters were sent to employers with injured workers at risk of not returning to work
The SIRA Contact Centre received 55 complaints that related to employers’ behaviour and alleged non-compliance, with 38% alleging non-compliance with their return to work and suitable employment legislative obligations and 25% related to employer behaviour and engagement.

SIRA supports and resources:

1,199 visits were made to the SIRA Have you been injured at work app
697 visits were made to the Small business assist app
921 new registrations were lodged for the free online RTW (Return to Work) Coordinator training, of which 567 (61.56%) were employers.
6,800 subscribers received the Return to Work Insider publication each month
615 workers used SIRA funded programs (July 2021 to September 2021) with a total spend of $1,609,115. The majority of the spend ($1,075,568) was for the JobCover Placement Program.

Insurers:

SIRA has provided guidance to insurers on the application of presumptive legislation and vaccine related claims
SIRA is undertaking risk analysis against all workers compensation insurers to consider potential financial and operational impact from a potential increased volume of COVID-19 claims
SIRA required insurers to confirm COVID-19 business continuity plans were in place.

Nominal Insurer

SIRA reviewed the icare Nominal Insurer Improvement Plan and scheduled monthly supervisory meetings
SIRA convened supervisory meetings covering complaints, return to work performance, financial sustainability, claims management and other focus areas
SIRA stress tested the Nominal Insurer 2021/22 business plan and provided recommendations to icare
SIRA commenced onboarding icare to the SIRA Insurer Accountability Portal.

Self and Specialised Insurers

SIRA conducted regular insurer supervision performance reviews
105 insurer performance meetings held
10 self-insurers were subject to a PIAWE file review
Three insurers were subject to claims file reviews
SIRA granted one new self-insurer licence
SIRA granted seven licence renewals
71 insurers provided monthly performance data
Two insurers received performance letters
Six insurers were required to submit an improvement plan.

Providers:

SIRA has maintained ongoing supervision of workplace rehabilitation providers, including four with corrective action plans
A remote evaluation of a workplace rehabilitation provider was undertaken to assess their performance against the conditions of approval, resulting in the provider submitting quarterly corrective action plans
SIRA investigated and initiated regulatory action against two medical practitioners and one workplace rehabilitation provider
SIRA is in discussions with a peak association regarding outlier provider billing.

Other enforcement action:

Successful prosecution for fraud of approximately $108,000 under the Crimes Act 1900 on 29 September 2021 where the defendant was sentenced to a two-year Community Correction Order and was ordered to make restitution of the defrauded amount to the Workers Compensation Insurance Fund. A further matter is before the courts for an alleged fraud in the amount of $222,000.