LOCAL GOVERNMENT ACT 1995 - SECT 5.49
LOCAL GOVERNMENT ACT 1995 - SECT 5.49
5.49 . Workers’ compensation arrangement
(1) In this section
—
arrangement means the group self-insurance
arrangement established under subsection (2);
eligible body means —
(a) a
local government; or
(b) a
regional local government; or
(ca) a
regional subsidiary; or
(c) any
other body with functions relating to local government approved in writing by
the Minister;
WCIM Act means the
Workers’ Compensation and Injury Management Act 1981 ;
WorkCover WA has the same meaning as it has in the
WCIM Act.
(2) WALGA is to
establish and manage, for the benefit of itself and any eligible body that
chooses to participate, a group self-insurance arrangement against liability
to pay compensation under the WCIM Act.
(3) Subsection (2)
does not apply unless the group of participants in the arrangement is exempted
under section 164 of the WCIM Act.
(4) If an eligible
body wishes to join or leave the arrangement, WALGA is to apply to WorkCover
WA to seek a variation in the group exemption.
(5) Participants in
the arrangement are jointly and severally liable for a liability of any
participant to pay compensation under the WCIM Act, being a liability in
relation to which that participant is exempted under section 164 of that Act
from the requirement to insure.
(6) WALGA is to
dissolve the arrangement if exemption of the group under section 164 of the
WCIM Act is cancelled.
(7) Nothing in this
section limits the application of the WCIM Act.
[Section 5.49 amended: No. 42 of 2004 s. 165; No.
49 of 2004 s. 12; No. 26 of 2016 s. 11.]