Accident Compensation Act 2001

Management of the Scheme - Work Account

175: Risk adjustment of Work Account levies

You could also call this:

“Work Account levies can go up if your workplace safety isn't good enough”

The Work Account levy you pay can be increased based on an audit of your safety management practices. This audit must use tools approved by the Minister and measure your safety practices against New Zealand or foreign standards.

If your levy is going to be increased, you’ll be notified about it. Your levy adjustments can be reassessed if you have new audits or assessments.

The government will make rules about how much the levy can be increased, when it can be increased, how often audits happen, and who can do the audits. They’ll also decide the order in which audit applications are handled.

The Corporation (ACC) decides if your levy will be adjusted and by how much. When the government makes these rules, they have to talk to people about it first, just like when they set levy rates.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM102418.


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"Using information from other sources in Work Account rules"

Part 6 Management of the Scheme
Work Account

175Risk adjustment of Work Account levies

  1. Repealed
  2. Repealed
  3. A Work Account levy determined for the purposes of section 168 may be adjusted up, in accordance with regulations made under this Act, for a particular employer on the basis of an audit of the employer's safety management practices.

  4. An audit of an employer's safety management practices must be conducted in accordance with an audit tool or audit tools that—

  5. are approved by the Minister; and
    1. measure safety management practice or safety management capability, as the case may be, against independent New Zealand or foreign standards.
      1. If any upward adjustment of levies under subsection (3) is to occur for a particular employer, sections 178 to 180 apply.

      2. Adjustments to levies may be reassessed on the basis of any new audits or assessments.

      3. Regulations made for the purposes of subsection (3) must provide for the following matters:

      4. the level or levels of levy adjustment for different levels of compliance assessed by the audit tool or tools:
        1. the basis and conditions on which, and periods for which, Work Account levies may be adjusted:
          1. the frequency of audits of an employer's safety management practices and the circumstances under which additional audits may be required:
            1. the order in which applications for audits or assessments are to be dealt with:
              1. the approval of auditors by the Corporation.
                1. Section 331 (which prescribes consultation requirements for regulations relating to levy setting) applies in relation to the making of regulations for the purposes of this section as if the regulations prescribed rates of levies.

                2. The Corporation must decide—

                3. whether an adjustment to a Work Account levy is to be made; and
                  1. the level of any adjustment.
                    Notes
                    • Section 175: substituted, on , by section 11 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).
                    • Section 175(1): repealed, on , by section 9(1) of the Accident Compensation Amendment Act 2015 (2015 No 71).
                    • Section 175(2): repealed, on , by section 9(1) of the Accident Compensation Amendment Act 2015 (2015 No 71).
                    • Section 175(4): amended, on , by section 9(2) of the Accident Compensation Amendment Act 2015 (2015 No 71).
                    • Section 175(7): amended, on , by section 9(3) of the Accident Compensation Amendment Act 2015 (2015 No 71).
                    • Section 175(7)(c): replaced, on , by section 9(4) of the Accident Compensation Amendment Act 2015 (2015 No 71).