According to SIRA’s Key employer obligations and penalties, updated 29 July 2026, an NSW cleaning employer must notify its insurer within 7 days after identifying an error in a certificate of currency under section 163A(7) of the Workers Compensation Act 1987. The same SIRA table separately requires the employer to produce the certificate within 5 days of a request under section 163A(2).
Figures checked 1 October 2026.
Is the 7-day error deadline the same as the 5-day production deadline?
No. They cover different events and require different action.
| Trigger | Required action | Time limit | Legal section | SIRA-listed enforcement |
|---|---|---|---|---|
| Employer identifies an error in the certificate | Notify the insurer | Within 7 days | Section 163A(7) | $1,100 listed penalty; maximum court penalty of 50 penalty units |
| Certificate is requested | Produce the certificate | Within 5 days of the request | Section 163A(2) | $1,100 listed penalty; maximum court penalty of 50 penalty units |
| Employer considers changing the certificate | Must not fraudulently alter it | Prohibition applies | Section 63A(6) | No listed penalty; maximum court penalty of 50 penalty units |
The seven-day rule is triggered by identifying an error. The five-day rule is triggered by a request for the certificate. A document request does not replace the obligation to notify the insurer about an error already identified.
The cited SIRA table refers to both periods as “days” but does not label them as business days or calendar days. Check the current regulator page rather than assuming that weekends or public holidays extend either period.
What should an employer do after finding an error?
A practical response is to:
- Leave the certificate unchanged.
- Record when the error was identified and what appears to be incorrect.
- Notify the insurer within 7 days, identifying the certificate and explaining the error.
- Keep a record of the notification and ask the insurer how it wants any corrected certificate handled.
Do not try to resolve the error by writing over, replacing or otherwise changing the existing certificate yourself.
Why must the certificate remain unaltered?
Section 63A(6) specifically prohibits fraudulent alteration of a certificate of currency. Leaving the document unchanged and notifying the insurer avoids creating a separate alteration issue while the error is addressed.
The prohibition is against fraudulent alteration; it should not be treated as permission to make unchecked handwritten corrections. Ask the insurer to direct the correction process.
What if a production request arrives after an error is found?
Both obligations may apply at once. Notify the insurer of the identified error within 7 days, and respond to the certificate request within 5 days.
The production requirement is about supplying the requested certificate. It does not authorise alteration and should not be treated as replacing the separate error-notification requirement.
This is general information, not legal or financial advice. SIRA warns that its website content may change as reforms are implemented. Check the current regulator page and your policy’s PDS for the requirements applying to your circumstances.
Sources
FAQ
Does the 5-day production deadline replace the 7-day error notification?
No. The 5-day deadline applies when the certificate is requested, while the 7-day deadline applies after the employer identifies an error. Comply with each requirement when its trigger occurs.
Can an employer correct a certificate by writing on it?
Do not do so without checking the insurer’s instructions. Section 63A(6) prohibits fraudulent alteration, and the employer’s stated obligation is to notify the insurer of the error.
Does the insurer have a separate deadline to correct the certificate?
The cited SIRA table sets out the employer’s seven-day notification duty but does not state a separate insurer deadline for replacing or correcting the certificate. Ask the insurer how it will handle the correction.
What should an employer do if the seven days have already passed?
Notify the insurer immediately rather than waiting for it to respond. The cited SIRA material does not say that late notification automatically cures the obligation, so check the current regulator page and seek advice about the available options.
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