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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE COUNCIL
Workers' Compensation and Rehabilitation
Amendment Bill (No. 2) 1999
A Bill for
An Act to amend the Workers' Compensation and Rehabilitation
Act 1981 and for related purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Workers' Compensation and
Rehabilitation Amendment Act (No. 2) 1999.
page 1
28--1
Workers' Compensation and Rehabilitation Amendment Bill (No. 2) 1999
s. 2
2. Commencement
This Act comes into operation, or is deemed to have come into
operation, immediately after the commencement of sections 14,
15 and 32 of the Workers' Compensation and Rehabilitation
5 Amendment Act 1999.
3. The Act amended
The amendments in this Act are to the Workers' Compensation
and Rehabilitation Act 1981*.
[* Reprinted as at 29 January 1999.]
10 4. Section 67 amended
(1) Section 67(2), (2a) and (3) are repealed and the following
subsections are inserted instead --
"
(1) Where weekly payments for a permanent total or
15 permanent partial incapacity resulting from a disability
other than mesothelioma have continued for not less
than 6 months, the liability for the incapacity is to be
redeemed by the payment of a lump sum if --
(a) the worker and the employer agree to the
20 redemption and on the amount of the lump
sum; and
(b) a memorandum of the agreement is registered
under Division 7.
(2) When a memorandum of an agreement under
25 subsection (1) is sent to the Director as required by
section 76, a statement of the benefits paid under this
Act before the agreement was made is to be sent with
the memorandum.
(3) The statement is to be provided by the employer or the
30 employer's insurer.
".
page 2
Workers' Compensation and Rehabilitation Amendment Bill (No. 2) 1999
s. 5
(2) Section 67(5) is amended by deleting "this section" and
inserting instead --
" subsection (4) ".
5. Section 68 amended
5 Section 68(1), (1a)and (2) are repealed.
6. Section 76 amended
(1) Section 76(1) is amended as follows:
(a) by inserting after "Director, who" --
", subject to subsection (2a), ";
10 (b) by deleting "or other moneys" and inserting instead --
" pursuant to an election under section 24 or 24A ".
(2) After section 76(2) the following subsection is inserted --
"
(2a) The Director cannot, under this section, record a
15 memorandum of an agreement for the payment of a
lump sum in redemption of the liability to pay
compensation unless the Director is satisfied that the
worker is aware of the consequences of the recording
of the memorandum.
20 ".
(3) Section 76(3) is amended by deleting "agreements for the
redemption of the liability to pay compensation for a disability"
and inserting instead --
"
25 an agreement for the redemption of the liability to pay
compensation if a memorandum of the agreement has
been
".
page 3
Workers' Compensation and Rehabilitation Amendment Bill (No. 2) 1999
s. 7
(4) Section 76(6) is amended as follows:
(a) by deleting paragraphs (a) to (c) and inserting instead --
"
(a) the genuineness of the agreement; and
5 (b) the adequacy of the amount of any
compensation pursuant to an election under
section 24 or 24A payable under the agreement,
";
(b) by deleting "payable under the agreement is inadequate
10 or excessive, or in the case of a redemption agreement
by reason of there being insufficient compliance with
section 67" and inserting instead --
"
pursuant to an election under section 24 or 24A
15 payable under the agreement is inadequate or excessive
".
(5) Section 76(7) is amended by inserting before "payable" --
" pursuant to an election under section 24 or 24A ".
(6) Section 76(8) is amended by deleting "payable under the
20 agreement is inadequate or excessive or in the case of a
redemption agreement that there is insufficient compliance with
section 67" and inserting instead --
"
pursuant to an election under section 24 or 24A
25 payable under the agreement is inadequate or excessive
".
7. Section 84E amended and transitional provision
(1) Section 84E(1)(a) is amended by deleting "this Act" and
inserting instead --
30 " section 67(4) ".
page 4
Workers' Compensation and Rehabilitation Amendment Bill (No. 2) 1999
s. 8
(2) Section 84E(1) is amended after paragraph (a) by deleting "and"
and inserting --
"
(aa) no memorandum of agreement for the payment
5 of a lump sum in redemption of the liability for
the incapacity has been recorded under
section 76; and
".
(3) For the purposes of section 84E(1)(aa) of the Workers'
10 Compensation and Rehabilitation Act 1981 as inserted by
subsection (2), the making of an order under section 67(2) or (3)
of that Act as in force before the commencement of this Act is
to be regarded as constituting the recording of a memorandum
of agreement under section 76 of that Act.
15 8. Schedule 1 amended
Schedule 1 clause 5(1)(a)(i) is amended by inserting before "a
dispute" --
"
, before the Workers' Compensation and
20 Rehabilitation Amendment Act (No. 2) 1999
commenced,
".
page 5
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