Must an NSW cleaning employer produce its workers comp certificate of currency within 5 days?

Yes. According to SIRA’s Key employer obligations and penalties, updated 29 July 2026, an NSW cleaning employer must produce its certificate of currency within 5 days of request under section 163A(2) of the Workers Compensation Act 1987; the same table separately requires the employer to notify its insurer within 7 days of any error in the certificate under section 163A(7). Figures checked 1 October 2026.

What are the two different deadlines?

Both obligations appear in Table 1 on SIRA’s page. Section references in that table are to the Workers Compensation Act 1987.

The first deadline concerns producing the certificate after a request. The second concerns telling the insurer about an error. SIRA lists them as separate obligations.

Can the 5-day deadline replace the 7-day error duty?

No. Producing the certificate within 5 days does not remove the separate obligation to notify the insurer of an error.

If an error and a request occur together, the employer must deal with both:

• produce the requested certificate within the 5-day period; and
• notify the insurer of the error within the separate 7-day period.

The 7-day obligation is tied to the error, not to the request. The cited table does not say that the employer must personally correct the certificate. It does, however, separately prohibit fraudulently altering a certificate under section 63A(6).

What should an employer do when asked for the certificate?

A practical response sequence is:

1. Record the date the request was received and any delivery instructions.
2. Locate the relevant certificate of currency.
3. Produce it within 5 days of the request.
4. Check whether the certificate contains an error.
5. If there is an error, notify the insurer within 7 days of that error.
6. Keep a record of when the certificate was produced and when the insurer was notified.

The cited SIRA row does not identify who may request the certificate, prescribe a delivery method, or specify whether the 5 days are calendar or business days. Do not assume those details. Check the request, SIRA’s current regulator guidance and the policy’s Product Disclosure Statement.

What does SIRA list for missing either deadline?

For each certificate-of-currency obligation, SIRA’s table lists the following:

These are the entries in SIRA’s table, not an assessment of what would happen in a particular case. SIRA states that regulatory action for non-compliance may include improvement notices, penalty notices or court penalties.

What should an employer check before relying on this summary?

SIRA warns that website content may change as reforms are implemented and directs readers to its Information Hub for the latest information. Check the current SIRA page and your policy’s PDS before responding to a request or notifying an insurer.

This is general information, not financial or legal advice.

Sources

• Key employer obligations and penalties — SIRA

FAQ

Are the 5 days calendar days or business days?

The cited SIRA table says “within 5 days” but does not specify the counting method. Confirm this on the current SIRA page rather than assuming.

Who can request the certificate?

The cited row refers to a request but does not identify the requester. Confirm the requester’s authority and the required response method on SIRA’s current regulator guidance.

Does the 7-day period start when the employer discovers an error?

SIRA’s wording is “within 7 days of any error”. The row does not use discovery as the trigger, so do not replace that wording with an assumed discovery date without checking the regulator guidance.

Must the employer personally correct an incorrect certificate?

The cited row requires the employer to notify the insurer of an error but does not state that the employer must correct it personally. SIRA separately prohibits fraudulently altering a certificate.

Does producing the certificate satisfy both obligations?

No. If there is an error, producing the certificate and notifying the insurer are separate actions with separate deadlines.