WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 57BA

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 57BA

57BA .         Notices under s. 57A and 57B, form and content of

        (1)         A notice under section 57A or 57B is to be expressed in plain language.

        (2)         The regulations may make provision —

            (a)         as to information to be included in or to accompany a notice under section 57A or 57B; and

            (b)         requiring information included in or accompanying a notice under section 57A or 57B to be given to WorkCover WA or other persons prescribed by the regulations.

        (3)         A notice under section 57A(3)(b) or 57B(2)(b) is to be in or to the effect of the form prescribed by the regulations and is to contain a statement of —

            (a)         the reason the person giving the notice disputes liability;

            (b)         the provisions of this Act on which the person giving the notice relies to dispute liability.

        (4)         A notice under section 57A(3)(b) or 57B(2)(b) is to also include —

            (a)         a statement to the effect that the worker can apply for resolution of the dispute under this Act; and

            (b)         a statement to the effect that the worker can seek advice or assistance from the worker’s trade union organisation, a legal practitioner or a registered agent; and

            (c)         such other information as the regulations may prescribe or, subject to the regulations, as WorkCover WA may from time to time approve and notify to insurers and, in the case of information required in a notice under section 57B(2)(b), to employers.

        (5)         A statement in a notice under section 57A(3)(b) or 57B(2)(b) is given —

            (a)         in the case of a notice under section 57A(3)(b), subject to the insurer not being prejudiced in any subsequent proceedings relating to the claim by any information included in the statement; and

            (b)         in the case of a notice under section 57B(2)(b), subject to the employer, or the insurer if the insurer subsequently agrees to indemnify the employer, not being prejudiced in any subsequent proceedings relating to the claim by any information included in the statement.

        (6)         A notice under section 57A(3)(c) or 57B(2)(c) is to —

            (a)         be in or to the effect of the form prescribed by the regulations; and

            (b)         include a statement as to the reasons why a decision as to whether or not liability is to be accepted in respect of the weekly payments claimed is not able to be made within the time allowed by section 57A(3) or 57B(2), as the case requires, and —

                  (i)         if a reason is that the person giving the notice requires further medical information, a statement as to the nature and substance of the medical information and whether or not the person giving the notice requires any written authority from the worker for that purpose; and

                  (ii)         if a reason is that the person giving the notice requires further information as to the worker’s weekly earnings, a statement as to the nature and substance of the information required; and

                  (iii)         any other particulars required by the person giving the notice to make the decision;

                and

            (c)         include such other information as the regulations may prescribe.

        [Section 57BA inserted: No. 42 of 2004 s. 43.]