General insurers compliance obligations in South Australia: trading trust
Computed by the Rules Mate applicability engine for a trading trust with 6–19 employees, turnover $1M–$3M, in general insurers, operating in South Australia and selling to consumers and small businesses.
Short answer: 35 obligations
35 obligations apply (14 critical) across 24 regulators, plus 12 to check. Risk rating: medium. No licensed regime, but you employ staff (WHS, Fair Work, super and payroll duties); 14 critical obligations apply.
Trading trust or company: what changes
Compared with the same business run through a Pty Ltd company (6–19 employees) in South Australia, 1 obligation applies that did not, and 9 drop away.
- No longer applies: Apply for a Director Identification Number (Director ID)
- No longer applies: Comply with directors' general law and statutory duties
- No longer applies: Prevent insolvent trading (s 588G)
- No longer applies: Pay company PAYG/GST/SG or face Director Penalty Notice (DPN)
- No longer applies: Lodge the ASIC annual company statement and review fee
- No longer applies: Determine large proprietary company status annually
- No longer applies: Pay ASIC fees + lodge prescribed forms
- No longer applies: Discharge of directors' duties — practical evidence
South Australia law that applies
2 South Australia obligations apply on these facts, and 1 more is worth checking:
| Obligation | Why it applies |
|---|---|
| PCBU primary duty of care (SA WHS Act s 19) | Every business is a PCBU — the primary duty of care applies whether or not you employ anyone · SA law |
| Industrial manslaughter offence (SA WHS Act s 30A) | Applies to every PCBU and its officers — a death caused by reckless or negligent breach of a WHS duty is a crime · SA law |
| Pay South Australian payroll tax when threshold met | Check: applies only if your annual Australian wages (grouped) exceed $1.5M |
Payroll tax in South Australia (FY2026-27)
SA: 4.95% on Australian wages above the $1.5 million tax-free threshold (FY2026-27). On these facts it may apply: 6–19 employees in SA — enter annual payroll to confirm; it applies only if your annual Australian wages (grouped) exceed $1.5M.
- How the threshold works
- Register once Australian wages exceed $1.5M; maximum deduction $600,000 a year ($50,000 a month).
- Returns
- Monthly by the 7th of the following month; annual reconciliation by 21 July
- Administered by
- RevenueSA
South Australia regulators
Where the obligations sit
| Area | Obligations |
|---|---|
| Tax | 7 |
| Workplace | 7 |
| Whs | 4 |
| Super | 2 |
| Insurance | 2 |
| Migration | 2 |
| Privacy | 2 |
| Consumer law | 2 |
| Wages | 1 |
| Discrimination | 1 |
Critical obligations on this profile
- Pay superannuation on every payday (Payday Super) (You have employees (6–19))
- Pay employees in accordance with the applicable modern award (You have employees (6–19))
- Manage psychosocial hazards at work (You have employees (6–19))
- Take reasonable and proportionate measures to prevent sex discrimination, sexual (You have employees (6–19))
- Australian Business Number (ABN) application (Every business carrying on an enterprise needs an ABN)
- Lodge Business Activity Statements at assigned frequency (Turnover above the $75K GST registration threshold)
- Make trustee resolutions for trust distributions by 30 June (Trust structure)
- Comply with claims handling + settling as a financial service (s 766A) (Industry: General insurers)
Check whether these apply
- Lodge an FBT return and pay FBT by 21 May: only if you provide fringe benefits (cars, entertainment, loans) to employees
- Wash outbound marketing lists against the Do Not Call Register: only if you make outbound telemarketing calls
- Pay South Australian payroll tax when threshold met: only if your annual Australian wages (grouped) exceed $1.5M
- Influencer + ad disclosure under ACL + AANA Code: only if you advertise to consumers or engage influencers
- Comply with General Insurance Code of Practice (ICA): only if you are an Insurance Council member or distribute for one
- Pay redundancy under NES (s 119 FW Act): only if you have 15 or more employees (FW Act s 121 small business exemption)
- General Insurance Code of Practice 2020: only if you are an Insurance Council member or distribute for one
- Track eligibility for the electric car FBT exemption: only if you provide electric vehicles to employees
Thresholds to watch
- Lose the Privacy Act small-business exemption at $3M annual turnover (removal of the exemption altogether is proposed, not yet law) (threshold $3M; very close)
Questions
- How many compliance obligations apply to general insurers in South Australia run through a trading trust with 6–19 employees?
- 35 obligations apply (14 critical) across 24 regulators, plus 12 to check. Risk rating: medium. No licensed regime, but you employ staff (WHS, Fair Work, super and payroll duties); 14 critical obligations apply.
- Which South Australia laws apply?
- PCBU primary duty of care (SA WHS Act s 19) and Industrial manslaughter offence (SA WHS Act s 30A)
Related
- General insurers compliance in South Australia
- General insurers: all obligations
- Compliance obligations by industry, state and size
- General insurers in SA: sole trader
- General insurers in SA: sole trader with employees
- General insurers in SA: partnership
- General insurers in SA: no employees
- General insurers in SA: 1–5 employees
- General insurers in SA: 20–99 employees
- General insurers in SA: 100–499 employees
- General insurers in SA: 500+ employees
- General insurers in SA: 20–99 employees, turnover $1M–$3M
- General insurers in SA: 6–19 employees, turnover $3M–$10M
- General insurers in SA: 100–499 employees, turnover $100M–$1B
- General insurers in SA: 500+ employees, turnover $1B+
- General insurers in New South Wales: trading trust
- General insurers in Victoria: trading trust
- General insurers in Queensland: trading trust
- General insurers in Western Australia: trading trust
- General insurers in Tasmania: trading trust
- General insurers in Northern Territory: trading trust
- General insurers in Australian Capital Territory: trading trust
- Comply with claims handling + settling as a financial service (s 766A): does it apply to general insurers?
- Comply with General Insurance Code of Practice (ICA): does it apply to general insurers?
- Manage business interruption claim definitions (post-pandemic precedent): does it apply to general insurers?
- General Insurance Code of Practice 2020: does it apply to general insurers?
Sources
- RevenueSA: payroll tax thresholds and rates
- PCBU primary duty of care (SA WHS Act s 19)
- Industrial manslaughter offence (SA WHS Act s 30A)
- Pay superannuation on every payday (Payday Super)
- Pay employees in accordance with the applicable modern award
- Manage psychosocial hazards at work
- Take reasonable and proportionate measures to prevent sex discrimination, sexual harassment and victimisation (positive duty)
- Australian Business Number (ABN) application
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.