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This is a Bill, not an Act. For current law, see the Acts databases.
WESTERN AUSTRALIA
LEGISLATIVE ASSEMBLY
(As amended in Committee and upon recommital)
WORKERS' COMPENSATION AND
REHABILITATION AMENDMENT
BILL 1997
A BILL FOR
AN ACT to amend the Workers' Compensation and
Rehabilitation Act 1981 and the Workers'
Compensation and Rehabilitation Amendment
Act 1993, and for related purposes.
The Parliament of Western Australia enacts as follows:
No. 85 -- 2
Workers' Compensation and Rehabilitation
cl. 1 Amendment Bill 1997
PART 1 -- PRELIMINARY
Short title
1. This Act may be cited as the Workers' Compensation and
Rehabilitation Amendment Act 1997.
5 Commencement
2. (1) Sections 5, 14, 15, 32, 48 (a) (iv), 53 (a), 53 (c), and
53 (d) (ii) come into operation on the day on which this Act
receives the Royal Assent.
(2) The other provisions of this Act come into operation on
10 such day as is, or days as are respectively, fixed by proclamation.
2
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 3
PART 2 -- WORKERS' COMPENSATION AND
REHABILITATION ACT 1981
Principal Act
3. In this Part the Workers' Compensation and Rehabilitation
5 Act 1981* is referred to as the principal Act.
[* Reprinted as at 14 March 1994.
For subsequent amendments see 1996 Index to
Legislation of Western Australia, Table 1, p. 253.]
Section 5 amended
10 4. Section 5 (1) of the principal Act is amended --
(a) by inserting the following definition in its appropriate
alphabetical position --
``
``inspector'' means a person authorized as an
15 inspector under section 175A (1);
'';
(b) in the definition of ``specialist'' by deleting
paragraph (a) and substituting the following
paragraph --
20 ``
(a) who is resident in the State and who is
registered as a specialist under section 11A
of the Medical Act 1894;
'';
25 and
3
Workers' Compensation and Rehabilitation
cl. 5 Amendment Bill 1997
(c) in the definition of ``worker'', in the first paragraph
beginning ``the term ``worker'' '', by deleting ``Act,
unless the insurer is permitted by the Commission to
refuse insurance of that liability in respect of the
5 members of the employer's family;'' and substituting
the following --
`` Act; ''.
Section 5A inserted
5. After section 5 of the principal Act the following section is
10 inserted --
``
Indexation of certain amounts
5A. (1) An amount that a provision of this Act describes
as applying in accordance with this section is --
15 (a) before 1 July 1997, the amount that was
prescribed for the purposes of that provision; and
(b) for a financial year commencing on or after
1 July 1997, the nearest whole number of dollars
to the amount obtained by varying the amount
20 applying at the commencement of the preceding
financial year by the percentage by which the
March CPI varies from the March CPI for the
preceding financial year, or if the relevant index
numbers are not published, the amount obtained
25 by varying the amount applying at the
commencement of the preceding financial year in
accordance with the regulations (with an amount
that is 50 cents more than a whole number of
dollars being rounded off to the next highest
30 whole number of dollars).
4
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 6
(2) In this section ``March CPI'', for a financial year,
means the index number for the quarter ending on the last
31 March before the financial year commences, as shown in
the Consumer Price Index Numbers (All Groups Index) for
5 Perth published by the Commonwealth Statistician under
the Census and Statistics Act 1905 of the Commonwealth.
''.
Section 10A repealed and a section substituted
6. Section 10A of the principal Act is repealed and the following
10 section is substituted --
``
Exclusion of certain working directors
10A. (1) Notwithstanding anything in section 5 a person
is not a worker within the meaning of this Act while the
15 person is --
(a) a director of a company in any share of which
the person has a beneficial interest; and
(b) engaged or employed by or working for that
company,
20
if the employer company has not complied with section 160
on the basis that the person is a worker.
(2) Subsection (1) does not prevent the employer, when
complying with section 160, from doing so on the basis that
the person referred to in that subsection is a worker.
25 (3) An employer who has complied with section 160 on
the basis that a person referred to in subsection (1) is a
worker is not required to continue to comply with that
section on that basis and, if the employer does not continue
to do so, the person ceases to be a worker within the
30 meaning of this Act.
''.
5
Workers' Compensation and Rehabilitation
cl. 7 Amendment Bill 1997
Section 11 amended
7. Section 11 of the principal Act is amended --
(a) by deleting ``or'' after paragraph (b);
(b) by inserting after that paragraph the following --
5 ``
(ba) engaged in promotional activities in
accordance with the contract pursuant to
which he so participates; or
''.
10 Section 24B amended
8. Section 24B (5) of the principal Act is amended --
(a) by inserting after ``this Division'' in the first place
where it occurs the following --
`` and Part IIIA ''; and
15 (b) by inserting after ``this Division'' in the second place
where it occurs the following --
`` or Part IIIA ''.
Section 27 amended
9. Section 27 of the principal Act is amended --
20 (a) by deleting ``117'' and substituting the following --
`` 118 ''; and
6
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 10
(b) by deleting ``or made by, or registered with, the
Workers' Compensation Board in existence
immediately before 1 January 1994,'' and substituting
the following --
5 `` , made, or registered ''.
Section 36 amended
10. Section 36 of the principal Act is amended by repealing
subsection (1) and substituting the following subsection --
``
10 (1) Whenever a claim is made by, or in relation to, a
worker for compensation under section 33 or 34, the
employer shall within 14 days of the making of the claim
send particulars of the claim to the Commission, and the
Executive Director shall refer the question of the worker's
15 condition and fitness for employment to a medical panel
comprising 2 or 3 physicians --
(a) all of whom are to be nominated by the
Executive Director from amongst physicians who
specialize in diseases of the chest or in
20 occupational diseases; and
(b) at least one of whom specializes in diseases of
the chest.
''.
Section 57A amended
25 11. Section 57A (2) of the principal Act is amended by deleting
``and section 192 does not apply in relation to the action''.
7
Workers' Compensation and Rehabilitation
cl. 12 Amendment Bill 1997
Section 57B amended
12. Section 57B (2) of the principal Act is amended by deleting
``14 days'' and substituting the following --
`` 17 days ''.
5 Section 61 amended
13. Section 61 (1) of the principal Act is amended by deleting
``wholly or partially recovered'' and substituting the following --
`` total or partial capacity for work ''.
Section 67 amended
10 14. Section 67 of the principal Act is amended --
(a) in subsection (2) --
(i) by inserting after ``permanent total'' the
following --
`` or permanent partial ''; and
15 (ii) by inserting after ``subject to subsection'' the
following --
`` (2a) or '';
(b) by inserting after subsection (2) the following
subsection --
20 ``
(2a) A liability for permanent partial
incapacity mentioned in subsection (2) cannot be
8
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 14
redeemed by payment of a lump sum, whether
by agreement or otherwise --
(a) if the rate of weekly payments for the
incapacity exceeds such amount as is
5 prescribed by regulation and unless,
in the particular case, the worker has
special need of the lump sum instead
of the continuance of weekly
payments and other benefits, or other
10 special circumstances justify the
redemption; or
(b) unless a dispute resolution body
determines that --
(i) the worker has successfully
15 undergone rehabilitation but,
having taken all reasonable
steps to obtain employment, has
failed to do so; or
(ii) it is inappropriate for the
20 worker to undergo, or to
continue to undergo,
rehabilitation.
'';
and
25 (c) in subsection (3), by deleting ``incapacity mentioned in
subsection (2) may not'' and substituting the
following --
``
permanent total incapacity mentioned in
30 subsection (2) cannot
''.
9
Workers' Compensation and Rehabilitation
cl. 15 Amendment Bill 1997
Section 68 amended
15. Section 68 of the principal Act is amended --
(a) by inserting before subsection (1) the following
subsection --
5 ``
(1a) Where the liability for a permanent
partial incapacity may be redeemed under
section 67 (2) and (2a), the lump sum shall be
calculated by taking the amount that is equal
10 to --
(a) the then prescribed amount less the
amount of weekly payments made; or
(b) the weekly payments at the rate to
which the worker is entitled at the
15 date of the redemption for the period
from that date to the date when the
weekly payments would cease by
reason of age,
whichever is the less, and discounting that
20 amount so taken in accordance with a compound
discount table prescribed by regulations.
'';
(b) in subsections (1) and (2), by deleting ``an incapacity''
and in each case substituting the following --
25 `` a permanent total incapacity ''; and
(c) in subsection (1) (b), by deleting ``order'' and
substituting the following --
`` redemption ''.
10
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 16
Section 74 amended
16. Section 74 (1a) of the principal Act is amended by deleting
``make an application to the Directorate, in accordance with the
rules, to determine'' and substituting the following --
5 `` refer to the Director for conciliation under Part IIIA ''.
Section 76 amended
17. Section 76 (8) of the principal Act is amended by inserting
a comma after ``excessive''.
Section 84A amended
10 18. Section 84A of the principal Act is amended by deleting the
definition of ``dispute'' and substituting the following
definition --
``
``dispute'' means --
15 (a) a dispute in connection with a claim for
compensation under this Act and includes --
(i) a dispute as to liability to make or continue
to make weekly payments of compensation;
(ii) a dispute between employers as to liability;
20 (iii) a dispute between insurers as to liability to
indemnify an employer;
(iv) a dispute between an employer and an
insurer as to the insurer's liability to
indemnify the employer;
25 or
11
Workers' Compensation and Rehabilitation
cl. 19 Amendment Bill 1997
(b) a matter to be determined by a dispute
resolution body under section 67 (2a) (b);
''.
Section 84F repealed and a section substituted
5 19. Section 84F of the principal Act is repealed and the
following section is substituted --
``
Orders relating to payment of compensation in
respect of persons under legal disability or who are
10 dependants
84F. (1) A question as to the payment of compensation
that is payable to --
(a) a person under a legal disability to give an
effective discharge for payment; or
15 (b) a dependant or dependants of a deceased worker,
may be referred to the Director for conciliation as a dispute.
(2) A dispute resolution body may order that
compensation that is payable to a person under a legal
disability to give an effective discharge for payment is to be
20 paid to the Commission and applied in the manner specified
in the order.
(3) A dispute resolution body may order that all or any
of the compensation that is payable to a dependant or
dependants of a deceased worker --
25 (a) is to be paid to the Commission and applied in
the manner specified in the order; or
(b) is to be paid to a dependant or dependants of the
deceased worker as specified in the order.
12
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 20
(4) After it has been ordered under subsection (2) or
(3) (a) that compensation be paid to the Commission, a
question as to --
(a) whether the compensation should be applied
5 differently; or
(b) if the order was under subsection (3) (a),
whether all or any of the compensation should be
paid to a dependant or dependants of the
deceased worker,
10 may be referred to the Director for conciliation as a dispute.
(5) A dispute resolution body may determine a question
referred under subsection (4) and make such order as it
thinks proper.
''.
15 Section 84I amended
20. Section 84I of the principal Act is amended --
(a) in subsection (1), by deleting paragraph (a) and
substituting the following paragraph --
``
20 (a) a notice of the occurrence of the disability
has been given in writing containing
substantially the information required by
subsection (2) as soon as practicable after
its happening;
25 '';
and
(b) in subsection (2) --
(i) by deleting ``and is to state ' ' and substituting
the following --
30 `` is to state ''; and
13
Workers' Compensation and Rehabilitation
cl. 21 Amendment Bill 1997
(ii) by inserting after ``disability occurred,'' the
following --
``
is to include such other information, if any,
5 as may be prescribed,
''.
Section 84K amended
21. Section 84K of the principal Act is amended --
(a) by inserting after subsection (1) the following
10 subsection --
``
(1a) If a worker has, under section 84I
(1) (b), made a claim for compensation with
respect to noise induced hearing loss, the
15 worker's employer or that employer's insurer
may request the Commission to provide the
person making the request with a copy of any
documents in the possession of or under the
control of the Commission that --
20 (a) are of a kind described in
subsection (4) (d), (e), or (f); or
(b) relate to the worker's employment
history or the worker's exposure to
noise.
25 '';
and
(b) in subsections (2) and (3), by inserting after ``(1)'' the
following --
`` or (1a) ''.
14
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 22
Sections 84R, 84ZH, and 84ZR amended
22. (1) Sections 84R, 84ZH, and 84ZR of the principal Act are
each amended in subsection (1) --
(a) by deleting ``required to do so under Part VII'' and
5 substituting the following --
`` permitted by section 145A to do so ''; and
(b) by deleting ``is to'' and substituting the following --
`` may ''.
(2) Sections 84R, 84ZH, and 84ZR of the principal Act are
10 each further amended in subsection (1) by deleting ``as to the
nature'' and everything in the subsection that is after those
words and substituting the following --
``
as to --
15 (a) the nature or extent of a disability;
(b) whether a disability is permanent or temporary;
or
(c) a worker's capacity for work,
for determination by a medical assessment panel.
20 ''.
Section 84X amended
23. Section 84X of the principal Act is amended --
(a) by inserting after the section designation ``84X.'' the
subsection designation ``(1)''; and
15
Workers' Compensation and Rehabilitation
cl. 24 Amendment Bill 1997
(b) by inserting at the end of the section the following
subsections --
``
(2) An agreement is not to be made for a
5 legal practitioner or other person to receive, for
appearing for or acting on behalf of a person in
the conciliation, any greater reward than is
provided for --
(a) in the case of a legal practitioner,
10 by a determination in force under
section 58W of the Legal Practitioners
Act 1893; or
(b) in the case of any other person, by the
regulations.
15 (3) An agreement made contrary to this
section is void.
''.
Section 84Y amended
24. Section 84Y (1) of the principal Act is amended by inserting
20 after ``requests'' the following --
``
unless of the opinion that the party making the request has
not made reasonable endeavours to have the dispute
resolved through conciliation
25 ''.
Section 84ZA amended
25. Section 84ZA (4) of the principal Act is amended by
deleting ``rules'' and substituting the following --
`` regulations ''.
16
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 26
Section 84ZF amended
26. Section 84ZF of the principal Act is amended --
(a) in subsection (1), by deleting ``a decision made in the
review'' and substituting the following --
5 `` the review officer's decision ''; and
(b) by inserting after subsection (2) the following
subsections --
``
(3) If new information becomes available
10 after the review officer makes a decision, the
review officer may reconsider the decision
and --
(a) vary or revoke any order previously
made by the review officer;
15 (b) make any further order,
as the review officer considers appropriate
having regard to the new information.
(4) For the purposes of subsection (3), ``new
information'' is information that was not
20 available to the review officer when the decision
was made and, in the opinion of the review
officer, justifies reconsideration of the decision.
''.
Section 84ZG amended
25 27. Section 84ZG (b) (ii) of the principal Act is amended by
deleting ``whom'' and substituting the following --
`` who ''.
17
Workers' Compensation and Rehabilitation
cl. 28 Amendment Bill 1997
Section 84ZM amended
28. Section 84ZM of the principal Act is amended by deleting
``rules of court'' and substituting the following --
`` regulations ''.
5 Section 84ZN amended
29. Section 84ZN of the principal Act is amended by repealing
subsections (3) and (4) and substituting the following
subsections --
``
10 (3) An appeal under subsection (2) is to be made in
accordance with the regulations within one month after the
making of the decision or order concerned, but the court
may, if satisfied that it is just and reasonable in the
circumstances to do so, extend the period within which the
15 appeal may be made.
(4) Without limiting any other powers of the court on
dealing with the appeal, the court may, before determining
the appeal, make an order that, until the appeal is
determined --
20 (a) suspends the effect of the decision or order, with
or without substituting any decision or order
that the review officer could have made in the
first instance; or
(b) varies the effect of the decision or order.
25 (5) The power given by subsection (4) to suspend or
vary the effect of a decision or order includes the power to
suspend or vary its effect as previously varied under that
subsection.
''.
18
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 30
Section 84ZP amended
30. Section 84ZP of the principal Act is amended --
(a) by inserting after the section designation ``84ZP.'' the
subsection designation ``(1)''; and
5 (b) by inserting at the end of the section the following
subsection --
``
(2) An order for costs on the ground that the
appeal was successful is not to be made against
10 a worker.
''.
Section 84ZT amended
31. Section 84ZT (2) (a) of the principal Act is amended --
(a) by deleting ``contravention or'';
15 (b) by deleting ``$1 000'' and substituting the following --
`` $5 000 ''; and
(c) by deleting ``$250'' and substituting the following --
`` $2 000 ''.
Sections 93A and 93D amended and transitional provisions
20 32. (1) Section 93A of the principal Act is amended by
deleting the definition of ``future pecuniary loss'' and substituting
the following definition --
``
``future loss of earnings'' means the loss of earnings
25 except to the extent that it has already been incurred
19
Workers' Compensation and Rehabilitation
cl. 33 Amendment Bill 1997
at the time when the amount of that loss is required
to be determined by a court;
''.
(2) Section 93D of the principal Act is amended in
5 subsection (2) (b) and subsection (5) (c), by deleting ``future
pecuniary loss'' and in each case substituting the following --
`` future loss of earnings ''.
(3) The amendments made by subsections (1) and (2) have
no operation in relation to a cause of action arising wholly before
10 the day on which this section commences.
Section 95 amended
33. Section 95 (3) of the principal Act is amended by deleting
paragraph (a) and substituting the following paragraph --
``
15 (a) the body known as the Chamber of Commerce and
Industry of Western Australia (Inc);
''.
Section 101 amended
34. Section 101 of the principal Act is amended by deleting
20 paragraph (e) and substituting the following paragraph --
``
(e) to determine whether an insurer should be permitted
to cancel a policy of insurance and, if so, upon what
terms and, in any event, upon the term that the
25 cancellation be effective as between the parties to the
policy, irrespective of the terms of the policy and
whether or not the policy was effected prior to the
coming into operation of this Division;
''.
20
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 35
Section 103 repealed
35. Section 103 of the principal Act is repealed.
Section 110 amended
36. Section 110 (2) of the principal Act is amended by deleting
5 ``into the custody of the Commission under clause 6.'' and
substituting the following --
`` to the Commission under section 84F. ''.
Section 145A amended
37. Section 145A of the principal Act is amended --
10 (a) in subsection (1) --
(i) by deleting ``A question is to'' and substituting
the following --
`` Subject to subsection (2), a question may '';
and
15 (ii) by deleting ``if and, subject to subsection (2),'';
and
(b) in subsection (2), by deleting ``is to'' and substituting
the following --
`` may ''.
21
Workers' Compensation and Rehabilitation
cl. 38 Amendment Bill 1997
Section 145C amended
38. Section 145C of the principal Act is amended by repealing
subsection (2) and substituting the following subsection --
``
5 (2) Of the members of the panel at least one is to be a
specialist in the particular branch of medicine or surgery
that is relevant to the question.
''.
Section 147 amended
10 39. Section 147 (3) of the principal Act is amended by deleting
paragraph (a) and substituting the following paragraph --
``
(a) the Chamber of Commerce and Industry of Western
Australia (Inc);
15 ''.
Section 152 repealed and a section substituted
40. Section 152 of the principal Act is repealed and the
following section is substituted --
``
20 Loading not to exceed 100% unless permitted by
Commission
152. Unless permitted by the Commission to do so, an
insurer shall not charge a loading on a recommended
premium rate of more than 100% of that rate.
25 ''.
22
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 41
Section 154 amended
41. Section 154 of the principal Act is amended --
(a) by repealing subsection (2) and substituting the
following subsection --
5 ``
(2) The appeal is made by giving written
notice of it --
(a) where it is against classification,
to the Commission, the Committee,
10 and the insurer within one month
of being informed of the classification
or within such further time as
the Commission may, in the
circumstances of the case, consider it
15 is reasonable to allow; or
(b) where it is against assessment, to the
Committee and the insurer within one
month of being informed of the
assessment or within such further
20 time as the Committee may, in the
circumstances of the case, consider it
is reasonable to allow,
stating the grounds of objection and the
classification or assessment, as the case may be,
25 the employer seeks.
'';
and
(b) by repealing subsections (6), (7), (8), (9) and (10).
23
Workers' Compensation and Rehabilitation
cl. 42 Amendment Bill 1997
Section 160 amended
42. Section 160 of the principal Act is amended by repealing
subsections (2a) and (3) and substituting the following
subsections --
5 ``
(2a) Where, under section 10A, an employer that is a
company applies to an approved insurance office under
subsection (2) on the basis that any director of the company
is a worker, that employer shall, in relation to each such
10 director, furnish to that office, in addition to the
information required to be furnished under
subsection (2) --
(a) the name of the director; and
(b) in relation to that director in particular, the
15 information, verified as required under
subsection (2), that the employer is required
under that subsection to furnish in relation to
the employer's workers.
(3) An approved insurance office shall insure any
20 employer requesting it for the full amount of the liability of
the employer to pay compensation under this Act to all
workers employed by him.
Penalty: $2 000.
''.
25 Section 170 amended
43. Section 170 of the principal Act is amended --
(a) by inserting after subsection (2a) the following
subsections --
``
30 (2b) If an order is made under subsection (2)
requiring a body corporate convicted of an
24
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 43
offence to pay an amount to the General Fund
but all or any of the amount required to be paid
remains unpaid, the Commission may sue and
recover from a responsible officer the unpaid
5 amount, whether or not the responsible officer
has been convicted under subsection (5).
(2c) If there are 2 or more responsible
officers, they are jointly and severally liable for
the payment of the unpaid amount.
10 (2d) The amount required to be paid under
the order is reduced by any amount recovered
under subsection (2b).
'';
(b) by repealing subsection (4) and substituting the
15 following subsection --
``
(4) In any prosecution for an offence under
this section, proof that the employer, not being a
self-insurer --
20 (a) was required under section 175B
(1) (c) to produce for inspection a
policy of insurance referred to in
section 160 (1) obtained by the
employer and in force at a specified
25 date or between specified dates; and
(b) did not produce that policy as
required,
is prima facie evidence that at that specified
date or between those specified dates, as the case
30 may be, the employer failed to comply with
section 160 (1), and the burden of showing that
25
Workers' Compensation and Rehabilitation
cl. 44 Amendment Bill 1997
the employer complied with section 160 (1) rests
on the employer.
'';
and
5 (c) by repealing subsection (5) and substituting the
following subsections --
``
(5) Where a body corporate commits an
offence mentioned in subsection (1), every
10 responsible officer commits the like offence.
(6) In subsections (2b), (2c), and (5)
``responsible officer'', in relation to the
commission of an offence by a body corporate,
means a person who is a director or other officer
15 concerned in the management of the body
corporate and who does not prove that --
(a) the offence was committed without
the person's consent or connivance;
and
20 (b) the person exercised all such due
diligence to prevent the commission of
the offence as ought to have been
exercised having regard to the nature
of the person's functions and to all the
25 circumstances.
''.
Sections 172 and 172A repealed
44. Sections 172 and 172A of the principal Act are repealed.
26
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 45
Section 172 inserted
45. After section 171 of the principal Act the following section
is inserted --
``
5 Commission may pass on certain information to
insurer
172. Whenever as a result of an inspection or otherwise it
is shown that an employer has either wilfully or
inadvertently understated to the employer's insurer the
10 aggregate amount of wages, salary and other forms of
remuneration paid, or the number of employees engaged,
and has thereby become liable to pay by way of premium a
lesser amount than would otherwise have been payable,
then the Commission may --
15 (a) provide to the insurer information as to the
wages, salary, and other forms of remuneration
paid by, and the number of employees engaged
by, the employer and the category for the
purpose of premium rates in which those
20 employees are engaged; and
(b) sue and recover from the employer --
(i) the full amount of the premium that could
have been charged; less
(ii) any amount already paid to the insurer in
25 respect of such insurance,
and pay any moneys so recovered, less any
reasonable costs incurred in the recovery, to the
insurer.
''.
27
Workers' Compensation and Rehabilitation
cl. 46 Amendment Bill 1997
Part X, Division 3, inserted and transitional provisions
46. (1) Part X of the principal Act is amended by inserting
after Division 2 the following Division --
``
5 Division 3 -- Inspectors
Authorization
175A. (1) The Commission may authorize persons as
inspectors for the purposes of this Act.
(2) Before performing any function of an inspector
10 under this Act, a person authorized as an inspector is
required to take and subscribe before a justice of the peace
an oath or affirmation to the effect that the person will not,
except for the purposes of this Act, and the exercise of the
person's duties under this Act, disclose to any person any
15 information acquired as an inspector.
(3) A person who wilfully discloses any information
contrary to an oath taken under subsection (2) commits an
offence.
Penalty: $2 000.
20 (4) The Chairman of the Commission is to issue to each
person authorized as an inspector a certificate stating that
the person is so authorized.
(5) The inspector is to produce the certificate whenever
required to do so by a person in respect of whom the
25 inspector has exercised, or is about to exercise, a power
under this Act.
28
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 46
Powers
175B. (1) An inspector may, for the purposes of this
Act --
(a) at all reasonable times of the day or night, enter,
5 inspect, and examine any place where it is
suspected that workers may be employed or
books, accounts, documents or records required
to be inspected may be held;
(b) conduct such examination and inquiry as
10 appears necessary to ascertain whether there
has been compliance with this Act;
(c) require the production of, examine, and take
copies or extracts of, any books, accounts,
documents or records;
15 (d) interview, either in private or otherwise, as the
inspector considers appropriate, any person who
the inspector has reasonable grounds to believe
is able to provide information that may assist
the inspector to perform a function under this
20 Act;
(e) require any person interviewed under
paragraph (d) to answer any question and, if the
inspector considers it appropriate, to verify any
such answer by statutory declaration;
25 (f) require an employer to provide within 28 days a
certificate from an auditor containing a
statement as to --
(i) the number of workers employed by the
employer during a specified period; and
30 (ii) the amount of wages, salary, and other
forms of remuneration paid by the
29
Workers' Compensation and Rehabilitation
cl. 46 Amendment Bill 1997
employer to each worker during that
period;
(g) require any person to state the person's name
and address;
5 (h) require an employer or any of the employer's
workers to assist the inspector in the
performance of a function under this Act, as the
inspector considers necessary;
(i) exercise such other powers as may be conferred
10 by the regulations or as may be necessary for the
performance of any function under this Act.
(2) In subsection (1) --
``auditor'' means a person who is registered as an
auditor under Part 9.2 of the Corporations Law.
15 (3) In exercising any power under this Act an inspector
may be accompanied by any other person whose assistance
the inspector considers necessary, and that person may do
such things as are necessary to assist the inspector in the
performance of the inspector's functions, and anything so
20 done is deemed to have been done by the inspector.
Interpreters
175C. (1) Where an inspector considers it necessary for
the effective performance of a function under this Act, the
inspector may be accompanied by an interpreter.
25 (2) Any inquiry or requirement made to any person by
an interpreter on behalf of an inspector is deemed to have
been made by the inspector and any answer given to the
interpreter is deemed to have been given to the inspector.
30
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 46
Offences
175D. (1) A person who --
(a) obstructs or interferes with the performance by
an inspector of any of the inspector's functions
5 under this Act;
(b) contravenes a requirement made by an inspector
under this Act;
(c) provides to an inspector an answer or
information that is false or misleading in a
10 material particular;
(d) gives any information that is false or misleading
in a certificate referred to in section 175B (1) (f);
or
(e) directly or indirectly prevents another person
15 from complying with a requirement under this
Act,
commits an offence.
Penalty: $5 000.
(2) A person is not excused from complying with a
20 requirement to answer any question on the ground that the
answer to the question might be incriminating or render the
person liable to a penalty, but an answer given by the
person is not admissible in evidence against the person in
any civil or criminal proceedings other than proceedings for
25 perjury or for an offence under this section arising out of
the false or misleading nature of that answer.
''.
31
Workers' Compensation and Rehabilitation
cl. 47 Amendment Bill 1997
(2) A person who --
(a) before the commencement of section 35, was
authorized by the Commission under the former
section 103 as an inspector; or
5 (b) before the commencement of section 44, was
authorized by the Minister under the former
section 172,
is to be regarded as having been authorized by the Commission
as an inspector under section 175A (1) of the principal Act and as
10 having taken the oath required by section 175A (2).
(3) If --
(a) a requirement made under the former section 103 by a
person referred to in subsection (2) (a); or
(b) a request or requirement made under the former
15 section 172 or 172A by a person referred to in
subsection (2) (b),
has not been complied with when this section commences, it is to
be regarded as a requirement made under section 175B of the
principal Act and for that purpose this section is taken to have
20 commenced before the request or requirement was made.
(4) In subsections (2) and (3) --
``former section'' means a section of the principal Act as
in force before its repeal by this Act.
Heading amended
25 47. The heading to Part XI of the principal Act is amended by
deleting ``, RULES, AND PRACTICE NOTES''.
32
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 48
Section 176 amended
48. Section 176 of the principal Act is amended --
(a) in subsection (1) --
(i) by inserting after paragraph (g) the following
5 paragraph --
``
(h) providing for the allowances to be
paid to witnesses, and the
circumstances in which, and extent to
10 which, they are to be paid from
moneys standing to the credit of the
General Fund;
'';
(ii) in paragraph (i), by deleting ``or rule'';
15 (iii) in paragraph (j), by deleting ``, the Board,''; and
(iv) by deleting paragraphs (m) and (n);
and
(b) in subsection (2), by deleting ``or rule''.
Section 182 amended
20 49. Section 182 of the principal Act is amended by inserting
after subsection (2) the following --
``
(3) A person contravening subsection (1) commits an
offence.
25 Penalty: $2 000.
''.
33
Workers' Compensation and Rehabilitation
cl. 50 Amendment Bill 1997
Section 183 amended
50. Section 183 of the principal Act is amended --
(a) by inserting after the section designation ``183.'' the
subsection designation ``(1)''; and
5 (b) by inserting at the end of the section the following
subsection --
``
(2) A person who purports or agrees to do
anything the doing of which is prevented by
10 subsection (1) commits an offence and is liable to
a fine of $5 000.
''.
Section 188 amended
51. Section 188 of the principal Act is amended by inserting at
15 the foot of the section the following --
`` Penalty: $5 000. ''.
Section 192 inserted
52. After section 191 of the principal Act the following section
is inserted in Part XII --
20 ``
Commission may specify alternative form of sending
information
192. (1) Notwithstanding any other provision of this
Act, a person who is required or permitted under this Act to
25 send or otherwise provide information to the Commission by
means of any notice, notification, particulars, return or
other document shall, if the Commission so requests, send
34
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 53
or otherwise provide the information in any form specified
by the Commission in which it is able to be read, whether
with the use of a device or otherwise.
(2) In subsection (1) --
5 ``Commission'' includes the Executive Director.
''.
Schedule 1 amended
53. Schedule 1 to the principal Act is amended --
(a) in clauses 4, 17 (2), and 17 (4), by deleting ``an amount
10 prescribed'' and substituting the following --
`` the amount applying in accordance with section 5A '';
(b) by repealing clause 6;
(c) in clause 15, by deleting ``a sum prescribed for the
purposes of this clause'' and substituting the
15 following --
`` the amount applying in accordance with section 5A '';
and
(d) in clause 19 (1) --
(i) by deleting ``all'' before ``reasonable fares'' and
20 substituting the following --
``
the worker's vehicle running expenses, if any,
at the prescribed rate and any other
'';
25 and
35
Workers' Compensation and Rehabilitation
cl. 54 Amendment Bill 1997
(ii) by deleting ``an amount or amounts prescribed''
and substituting the following --
``
the amount or amounts applying in accordance
5 with section 5A
''.
Schedule 2 amended
54. Schedule 2 to the principal Act is amended by inserting
after item 27 the following item --
10 ``
27A. Total loss of distal phalanx of each
finger of the same hand (not including
the thumb) in one accident . . . . . . . . . . . . . . . . . . . . . . 31
''.
15 Schedule 5 amended
55. (1) Schedule 5 to the principal Act is amended in
clause 1 (1), in paragraph (a) of the definition of ``redemption
amount'', by inserting after ``calendar year of the variation'' the
following --
20 ``
, or if the relevant minimum award rates are not published, the
accumulative sum (in the form of the nearest whole number of
dollars) obtained by varying the accumulative sum applying on
the previous 1 July in accordance with the regulations (with an
25 amount that is 50 cents more than a whole number of dollars
being rounded off to the next highest whole number of dollars)
''.
36
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 56
(2) Schedule 5 to the principal Act is further amended by
inserting after clause 1 the following clause --
``
Successive lung diseases to be regarded as one
5 1A. If a worker, at the same time or successively, suffers more
than one of the disabilities of pneumoconiosis, mesothelioma, or
lung cancer, they are to be regarded for the purposes of this
Schedule as the same disability, being the disability for which the
worker has claimed compensation under this Act, or as a
10 progression of that disability.
''.
Schedule 7 amended and transitional provisions
56. (1) Schedule 7 to the principal Act is amended by
inserting after clause 5 (2) the following subclause --
15 ``
(3) Subject to subclause (2), the Commission may store the
results of audiometric tests delivered to it under clause 4 (2) in
any form that enables the results stored, or information from
those results, to be read, whether with the use of a device or
20 otherwise.
''.
(2) Clause 5 (3) of Schedule 7 to the principal Act, as
inserted in the principal Act by subsection (1), applies to and in
relation to the results of audiometric tests whether delivered to
25 the Commission before or after the commencement of that
subsection.
(3) Schedule 7 to the principal Act is amended in clause 8 (1)
by inserting after ``stored'' the following --
`` in any form ''.
37
Workers' Compensation and Rehabilitation
cl. 57 Amendment Bill 1997
Various amendments to increase penalties
57. The principal Act is amended in each place mentioned in
column 1 of the Table to this section by deleting the amount set
out in column 2 and substituting the amount set out in column 3.
5 TABLE
column 1 column 2 column 3
foot of s. 109 (4a) $2 000 $5 000
foot of s. 109 (7) $2 000 $5 000
foot of s. 161A $2 000 $5 000
10 twice in s. 170 (1) $1 000 $5 000
foot of s. 171 (3) $200 $2 000
s. 176 (1) (i) $200 $1 000
foot of s. 179 (5) $2 000 $5 000
s. 189 $500 $2 000
38
Workers' Compensation and Rehabilitation
Amendment Bill 1997 cl. 58
PART 3 -- WORKERS' COMPENSATION AND
REHABILITATION AMENDMENT ACT 1993
Principal Act
58. In this Part the Workers' Compensation and Rehabilitation
5 Amendment Act 1993* is referred to as the principal Act.
[* Act No. 48 of 1993.]
Section 6 amended
59. Section 6 (4) of the principal Act is amended by deleting
``this'' before ``Commission'' and substituting the following --
10 `` the ''.
Section 11 amended
60. Section 11 (2) of the principal Act is amended by inserting
after ``If '' the following --
``
15 , in the circumstances mentioned in subsection (1) (a)
and (b),
''.
39
Workers' Compensation and Rehabilitation
cl. 61 Amendment Bill 1997
PART 4 -- OTHER ACTS AMENDED
Amendments following from Act No. 48 of 1993
61. Schedule 1 has effect.
40
Workers' Compensation and Rehabilitation
Amendment Bill 1997 Sch. 1
SCHEDULE 1 -- CONSEQUENTIAL AMENDMENTS TO
VARIOUS OTHER ACTS
[Section 61]
Constitution Acts Amendment Act 1899
5 1. The Constitution Acts Amendment Act 1899 is amended in
Schedule V --
(a) in Part 1 Division 1, by deleting ``Chairman, or Deputy
Chairman, of the Workers' Compensation Board constituted
under the Workers' Compensation and Rehabilitation
10 Act 1981.''; and
(b) in Part 2 Division 1, by deleting ``Member, or deputy of a
member, of the Workers' Compensation Board constituted
under the Workers' Compensation and Rehabilitation
Act 1981.''.
15 Police Assistance Compensation Act 1964
2. The Police Assistance Compensation Act 1964 is amended in
section 6 by deleting ``the Workers' Compensation Board constituted
under the Workers' Compensation Act 1912, has under the provisions of
this Act exclusive jurisdiction to examine into, hear and determine the
20 question and matter as provided in the former Act, as though the
question or matter were a question or matter that arose under that Act;
and where the Board exercises that jurisdiction such of the provisions of
that Act as are applicable to the case apply, with all necessary
modifications'' and substituting the following --
25 ``
the matter is to be referred for conciliation under Part IIIA of the
Workers' Compensation and Rehabilitation Act 1981 and is to be
dealt with under that Act as if it were a dispute that arose under
that Act; and such of the provisions of that Act as are capable of
30 applying in relation to the matter apply, with such modifications
as are necessary
''.
Public Trustee Act 1941
3. The Public Trustee Act 1941 is amended in section 37 (3) by
35 deleting paragraph (c) and substituting the following --
``
(c) Any such sum shall be disbursed by the Public Trustee in
accordance with the order pursuant to which it is held, but the
Public Trustee has sole discretion as to its investment.
40 ''.
41
Workers' Compensation and Rehabilitation
Sch. 1 Amendment Bill 1997
Suitors' Fund Act 1964
4. The Suitors' Fund Act 1964 is amended in section 3 by deleting the
definition of ``Court'' and substituting the following definition --
``
5 ``Court'' includes a Small Claims Tribunal constituted under the
Small Claims Tribunals Act 1974;
''.
Waterfront Workers (Compensation for Asbestos Related
Diseases) Act 1986
10 5. The Waterfront Workers (Compensation for Asbestos Related
Diseases) Act 1986 is amended --
(a) in section 3 --
(i) by deleting the definition of ``Board''; and
(ii) by inserting before the definition of ``Fund'' the
15 following definition --
``
``compensation magistrate's court'' has the
meaning given to that expression in the
Compensation Act;
20 '';
(b) in section 9 (1), by deleting ``the Board'' and substituting
the following --
`` a compensation magistrate's court '';
(c) in section 9 (3), by deleting ``The Board'' and substituting
25 the following --
`` A compensation magistrate's court '';
(d) in section 9 (4), by deleting ``it applies to an order or
determination made'' and substituting the following --
`` if it had been made by the court ''; and
42
Workers' Compensation and Rehabilitation
Amendment Bill 1997 Sch. 1
(e) in section 10 (1), by deleting ``by the Board as if the claim
arose under the Compensation Act and the Board may
exercise any of its functions under that Act for the purposes
of this section'' and substituting the following --
5 ``
under Part IIIA of the Compensation Act as if it were
a dispute arising under that Act
''.
43
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