WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 180
WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 180
180 . Relevant documents to be provided by parties
(1) In this section
—
injury includes alleged injury;
relevant document means any of the following
—
(a) a
contract of service or apprenticeship to which the worker is a party;
(b) a
contract for service to which the worker is a party;
(c)
records of wages or other remuneration paid to the worker;
(d) a
report relevant to the injury by a medical practitioner who has treated the
worker for the injury;
(e) a
report by a medical practitioner who has conducted tests or investigations on
the worker in relation to the injury;
(f) a
report by a medical practitioner who has been consulted by a medical
practitioner referred to in paragraph (d) or (e) in connection with treatment
of, or tests related to, the injury;
(g) a
report by an approved vocational rehabilitation provider in relation to the
worker;
(h) a
notice of occurrence of the injury made in accordance with section 178(1)(a);
(i)
a claim for compensation with respect to the injury made
in accordance with section 178(1)(b);
(j) a
document of a kind prescribed by the regulations.
(2) A worker who has
suffered an injury, or the worker’s legal practitioner or agent, may
request the worker’s employer at the time the injury occurred, or that
employer’s insurer, to provide the person making the request with a copy
of such relevant documents as are in the possession of or under the control of
the employer and the insurer.
(3) If a worker has
made a claim for compensation with respect to noise induced hearing loss in
accordance with section 178(1)(b), the worker’s employer or that
employer’s insurer may request WorkCover WA to provide the person making
the request with a copy of any documents in the possession of or under the
control of WorkCover WA that —
(a) are
of a kind described in paragraph (d), (e) or (f) of the definition of relevant
document in subsection (1); or
(b)
relate to the worker’s employment history or the worker’s exposure
to noise.
(4) A request under
subsection (2) or (3) is to be made in accordance with the conciliation rules
or arbitration rules and is to be complied with within the time prescribed by
the relevant rules.
(5) An employer or
insurer requested to provide a copy of a relevant document under subsection
(2) or (3) that fails to comply with the request within the period referred to
in subsection (4) commits an offence.
Penalty: $1 000.
(6) An arbitrator may
make an order requiring the production of documents under this section.
[Section 180 inserted: No. 42 of 2004 s. 130;
amended: No. 16 of 2005 s. 22; No. 31 of 2011 s. 42.]
[Heading inserted: No. 31 of 2011 s. 5.]
[Heading inserted: No. 31 of 2011 s. 5.]