WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SCHEDULE 8
WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SCHEDULE 8
[s. 325]
[Heading inserted: No. 31 of 2011 s. 74.]
Division 1 — Workers’ Compensation and Injury Management Amendment
Act 2011
[Heading inserted: No. 8 of 2018 s. 13.]
In this Division
—
amended provisions means this Act as amended by
the amending Act;
amending Act means the Workers’ Compensation
and Injury Management Amendment Act 2011 ;
commencement day means the day of the coming into
operation of section 6 of the amending Act;
Commissioner has the meaning given in section 5(1)
of the former provisions;
dispute has the meaning given in section 176(1);
DRD has the meaning given in section 5(1) of the
former provisions;
DRD Rules has the meaning given in section 5(1) of
the former provisions;
former provisions means this Act as enacted before
the commencement day;
pending arbitration proceeding means a dispute
—
(a) in
respect of which an application has been made under section 181 of the former
provisions; and
(b)
which has not been determined by an arbitrator before the commencement day;
pending Court of Appeal matter means —
(a) a
case stated to the Court of Appeal under section 251 of the former provisions;
or
(b) an
appeal to the Court of Appeal under section 254 of the former provisions
(including an application under that section for leave to appeal),
which has not been determined by the Court of
Appeal before the commencement day;
pending Part XII application means an application
under Part XII of the former provisions which has not been determined by an
arbitrator before the commencement day;
pending Part XIII matter means —
(a) a
reference of a question of law to the Commissioner under section 246 of the
former provisions; or
(b) an
appeal to the Commissioner under section 247 of the former provisions
(including an application under that section for leave to appeal),
which has not been determined by the Commissioner
before the commencement day.
[Clause 1 inserted: No. 31 of 2011 s. 74.]
2 . Pending arbitration proceedings
(1) Subject to
subclause (2), a pending arbitration proceeding is to be dealt with and
determined under Part XI Division 4 of the amended provisions.
(2) If the Registrar
certifies in writing that a pending arbitration proceeding in relation to a
dispute has not been the subject of conciliation under section 185 of the
former provisions before the commencement day, the dispute is taken to be the
subject of an application for conciliation under the amended provisions.
(3) The Director may
give directions for the purpose of dealing with issues arising in relation to
a pending arbitration proceeding to which subclause (2) applies.
(4) Directions given
under subclause (3) may modify the amended provisions, or the conciliation
rules or the regulations, to such extent as is necessary or expedient to
enable the dispute to be resolved by conciliation under Part XI Division 3 of
the amended provisions.
[Clause 2 inserted: No. 31 of 2011 s. 74.]
3 . Pending Part XII applications
(1) A pending Part XII
application is to continue to be dealt with and determined by an arbitrator as
if the amending Act had not been enacted.
(2) Without limiting
subclause (1), Part XII of the former provisions and the DRD Rules continue to
have effect in relation to pending Part XII applications despite sections 12
and 77 of the amending Act.
[Clause 3 inserted: No. 31 of 2011 s. 74.]
(1) In this clause
—
DRD records means records of the DRD relating to
pending arbitration proceedings and pending Part XII applications.
(2) The Director and
the Registrar may make such arrangements for the disposition of DRD records
between the Conciliation Service and the Arbitration Service as are necessary
to facilitate the operation of clauses 2 and 3.
[Clause 4 inserted: No. 31 of 2011 s. 74.]
(1) A pending Part
XIII matter is to continue to be dealt with and determined by the Commissioner
as if the amending Act had not been enacted.
(2) Without limiting
subclause (1), sections 245 to 253 of the former provisions and the DRD Rules
continue to have effect in relation to pending Part XIII matters despite
sections 13 to 18 and 77 of the amending Act.
[Clause 5 inserted: No. 31 of 2011 s. 74.]
6 . Pending Court of Appeal matters
(1) A pending Court of
Appeal matter is to continue to be dealt with and determined by the Court of
Appeal as if the amending Act had not been enacted.
(2) Without limiting
subclause (1), section 254(3) to (6) of the former provisions continue to have
effect in relation to pending Court of Appeal matters despite section 19 of
the amending Act.
[Clause 6 inserted: No. 31 of 2011 s. 74.]
7 . Further Court of Appeal matters
(1) Despite section 19
of the amending Act, section 254 of the former provisions —
(a)
continues to apply to a decision made by the Commissioner under Part XIII of
the former provisions before the commencement day as if the amending Act had
not been enacted; and
(b)
applies to a decision made by the Commissioner after the commencement day in a
pending Part XIII matter dealt with under clause 5.
(2) The following
matters may be dealt with and determined by the Court of Appeal as if the
amending Act had not been enacted —
(a) a
case stated to the Court of Appeal under section 251 of the former provisions
in relation to a question of law arising in a pending Part XIII matter that is
being dealt with under clause 5;
(b) an
appeal to the Court of Appeal under section 254 of the former provisions as
continued or applied by subclause (1)(a) or (b).
[Clause 7 inserted: No. 31 of 2011 s. 74.]
8 . Continuation of Commissioner’s
appointment
Despite section 21 of
the amending Act the appointment of the Commissioner and Part XVII Division 2
of the former provisions continue to have effect for the purposes of —
(a)
clause 5(1); and
(b) the
receipt and reconsideration of matters sent back under section 254(3)(c) of
the former provisions in a pending Court of Appeal matter or a matter
mentioned in clause 7(2)(b).
[Clause 8 inserted: No. 31 of 2011 s. 74.]
Division 2 — Workers’ Compensation and Injury Management Amendment
Act 2018
[Heading inserted: No. 8 of 2018 s. 14.]
In this Division
—
commencement day means the day of the coming into
operation of the Workers’ Compensation and Injury Management Amendment
Act 2018 section 6;
former provisions means the following as in force
before the commencement day —
(a) the
definitions in section 5(1) of child’s allowance , de facto partner ,
dependants , member of a family , notional residual entitlement , NRE amount
and spouse ;
(b)
sections 18 and 218;
(c)
Schedule 1 heading and clauses 1 to 5 and 17(2);
(d)
Schedule 5 clauses 6(c) and 7(c).
[Clause 9 inserted: No. 8 of 2018 s. 14.]
10 . Former provisions apply to deaths before
commencement day
(1) Except as provided
in subclause (2), if an injury of a worker occurred and the worker died before
the commencement day, the former provisions apply in relation to the injury
and death as if they were still in force.
(2) On and from the
commencement day the child’s allowance that a person is entitled to
receive under the former provisions as applied by subclause (1) is the
child’s allowance as defined in Schedule 1A clause 5.
Note for this clause:
The former provisions
are set out in Reprint 11 of the
Workers’ Compensation and Injury Management Act 1981 as at 13 February
2015.
[Clause 10 inserted: No. 8 of 2018 s. 14.]
This is a compilation of the Workers’ Compensation and Injury
Management Act 1981 and includes amendments made by other written laws. For
provisions that have come into operation, and for information about any
reprints, see the compilation table. For provisions that have not yet come
into operation see the uncommenced provisions table.
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
Workers’ Compensation and Assistance Act 1981 9 |
86 of 1981 |
23 Nov 1981 |
3 May 1982 (see s. 2 and Gazette 8 Apr 1982 p. 1205) |
Workers’ Compensation and Assistance Amendment Act 1983 |
16 of 1983 |
7 Nov 1983 |
7 Nov 1983 |
Workers’ Compensation and Assistance Amendment Act (No. 2) 1983 |
79 of 1983 |
22 Dec 1983 |
22 Dec 1983 |
28 of 1984 |
31 May 1984 |
1 Jul 1984 (see s. 2 and Gazette 15 Jun 1984 p. 1629) | |
Workers’ Compensation and Assistance Amendment Act 1984 10 |
104 of 1984 |
19 Dec 1984 |
19 Dec 1984 (see s. 2) |
Workers’ Compensation and Assistance Amendment Act 1985 11-14 |
44 of 1985 |
20 May 1985 |
s. 1 and 2: 20 May 1985; |
| | |
s. 38: 25 Jul 1986 (see s. 2(2) and Gazette 25 Jul 1986 p. 2453) |
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255) |
Workers’ Compensation and Assistance Amendment Act 1986 15 |
33 of 1986 |
1 Aug 1986 |
1 Aug 1986 (see s. 2) |
State Government Insurance Commission Act 1986 s. 46(2) |
51 of 1986 |
5 Aug 1986 |
1 Jan 1987 (see s. 2 and Gazette 19 Dec 1986 p. 4859) |
Workers’ Compensation and Assistance Amendment Act (No. 2) 1986 |
85 of 1986 |
5 Dec 1986 |
Act other than s. 7 and 11: 5 Dec 1986 (see s. 2(1)); |
Acts Amendment (Workers’ Compensation and Assistance) Act 1986 Pt. III |
86 of 1986 |
5 Dec 1986 |
2 Jan 1987 |
Reprint of the Workers’ Compensation and Assistance Act 1981 as at 6 Feb
1987 (includes amendments listed above except those in the Workers’
Compensation and Assistance Amendment Act (No. 2) 1986 s. 7 and 11) | |||
Workers’ Compensation and Assistance Amendment Act 1987 16 |
21 of 1987 |
25 Jun 1987 |
23 Jul 1987 |
Acts Amendment (Legal Practitioners, Costs and Taxation) Act 1987 Pt. VII |
65 of 1987 |
1 Dec 1987 |
12 Feb 1988 (see s. 2(2) and Gazette 12 Feb 1988 p. 397) |
Workers’ Compensation and Assistance Amendment Act 1988 Pt. 2 |
36 of 1988 |
24 Nov 1988 |
1 Mar 1991 (see s. 2 and Gazette 1 Mar 1991 p. 967) |
Workers’ Compensation and Assistance Amendment Act 1990 17, 18 |
96 of 1990 |
22 Dec 1990 |
s. 1 and 2: 22 Dec 1990; |
Reprint of the Workers’ Compensation and Rehabilitation Act 1981 as at 9
Oct 1991 (includes amendments listed above) (errata in Gazette 1 May 1992 p.
1866) | |||
Acts Amendment (Parliamentary, Electorate and Gubernatorial Staff) Act 1992
Pt. 6 |
40 of 1992 |
2 Oct 1992 |
3 Nov 1992 (see s. 2 and Gazette 3 Nov 1992 p. 5389) |
Workers’ Compensation and Rehabilitation Amendment Act (No. 2) 1992 |
72 of 1992 |
15 Dec 1992 |
s. 1 and 2: 15 Dec 1992; |
Employers’ Indemnity Supplementation Fund Amendment Act 1993 s. 14 |
1 of 1993 |
19 Jul 1993 |
19 Jul 1993 (see s. 2) |
Financial Administration Legislation Amendment Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) |
Mines Regulation Amendment Act 1993 s. 13 |
30 of 1993 |
16 Dec 1993 |
24 Dec 1993 (see s. 2 and Gazette 24 Dec 1993 p. 6796) |
Workers’ Compensation and Rehabilitation Amendment Act 1993 19-26 |
48 of 1993 |
20 Dec 1993 |
Pt. 1-3: 20 Dec 1993 (see s. 2(1)); |
Reprint of the Workers’ Compensation and Rehabilitation Act 1981 as at
14 Mar 1994 (includes amendments listed above) | |||
Acts Amendment (Public Sector Management) Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948) |
62 of 1994 |
7 Nov 1994 |
9 Dec 1995 (see s. 2 and Gazette 8 Dec 1995 p. 5935) | |
Hospitals Amendment Act 1994 s. 18 |
103 of 1994 |
11 Jan 1995 |
3 Feb 1995 (see s. 2 and Gazette 3 Feb 1995 p. 333) |
Occupational Safety and Health Legislation Amendment Act 1995 s. 48 |
30 of 1995 |
11 Sep 1995 |
1 Oct 1995 (see s. 2 and Gazette 15 Sep 1995 p. 4301) |
Sentencing (Consequential Provisions) Act 1995 Pt. 84 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632) |
Local Government (Consequential Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
Financial Legislation Amendment Act 1996 s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
Acts Amendment (ICWA) Act 1996 Sch. 1 it. 16 27 |
45 of 1996 |
25 Oct 1996 |
1 Jul 2012 (see s. 2 and Gazette 8 Jun 2012 p. 2385) |
Reprint of the Workers’ Compensation and Rehabilitation Act 1981 as at
29 Jan 1999 (includes amendments listed above except those in the Acts
Amendment (ICWA) Act 1996 ) | |||
Workers’ Compensation and Rehabilitation Amendment Act (No. 2) 1999 28 |
33 of 1999 |
5 Oct 1999 |
5 Oct 1999 (see s. 2) |
Workers’ Compensation and Rehabilitation Amendment Act 1999 29-31 |
34 of 1999 |
5 Oct 1999 |
s. 5, 14, 15, 32, 48(a)(iv), 53(a), (c) and (d)(ii): 5 Oct 1999 (see s. 2(1));
|
Workers’ Compensation and Rehabilitation Amendment Act 2000 |
44 of 2000 |
17 Nov 2000 |
Act other than s. 1, 2 and 4(2)(b): 5 Oct 1999 (see s. 2(1)); |
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13
Jul 2001 No. S285) | |
Reprint of the Workers’ Compensation and Rehabilitation Act 1981 as at
14 Sep 2001 (includes amendments listed above except those in the Acts
Amendment (ICWA) Act 1996 ) | |||
Acts Amendment (Equality of Status) Act 2003 Pt. 63 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579) |
Racing and Gambling Legislation Amendment and Repeal Act 2003 Pt. 15 |
35 of 2003 |
26 Jun 2003 |
1 Aug 2003 (see s. 2 and Gazette 29 Jul 2003 p. 3259) |
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 72 and 96 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722) |
Statutes (Repeals and Minor Amendments) Act 2003 s. 134 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
35 of 2004 |
25 Oct 2004 |
s. 5(1) and (2): 5 Oct 1999 (see s. 2(2)); | |
Workers’ Compensation and Rehabilitation Amendment (Cross Border) Act
2004 32 |
36 of 2004 (as amended by this Act s. 16, 17(5) and 19) |
28 Oct 2004 |
s. 1 and 2: 28 Oct 2004; |
Workers’ Compensation Reform Act 2004 33, 34 |
9 Nov 2004 |
s. 1 and 2: 9 Nov 2004; s. 3, 4(b), 5, 8(1) in so far as it deletes the
definitions of Commission , Committee , Executive Director and the Chairman of
the Commission , s. 8(2) in so far as it inserts the definitions of chief
executive officer , the Chairman of WorkCover WA , and WorkCover WA ,
s. 8(3)(a), (b), (d), (e) and (i), 9, 19, 23- 26, 28- 35, 38- 39, 40(a),
55(3)(b), 57(a) and (b), 64, 65(1), 80- 86, 87(8), 88(1)-(4), 89- 91, 93(a),
(c), and (d), 94- 95, 97, 98(1), (2) and (3)(a), 99- 100, 101(1), 102,
111-113, 115-117, 122, 123(1)-(5), 124, 125(1), 126(1), (2), (3) and (5), 127,
131, 133, 135, 137-138, 140, 141(4)(a), (5)(a), (8)-(14), (15)(a), (c) and
(d), and (21), 143(2), 150- 153 and Pt. 4 (other than Div. 3): 4 Jan 2005 (see
s. 2 and Gazette 31 Dec 2004 p. 7131); | |
| | |
Para (b) of proclamation published 31 Dec 2004 p. 7131 revoked (see Gazette 17
Jun 2005 p. 2657); |
Acts Amendment (Court of Appeal) Act 2004 s. 37 (Sch. 1 cl. 28) 35 |
45 of 2004 |
9 Nov 2004 |
1 Feb 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163) |
Courts Legislation Amendment and Repeal Act 2004 Pt. 19 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) |
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
s. 78 and 80 (Sch. 2 cl. 156 and 157) 36 |
84 of 2004 (as amended by No. 2 of 2008 s. 78(10)) |
16 Dec 2004 |
s. 78 and 80 (Sch. 2 cl. 156 and 157 — the amendment to s. 188B(3)): 2
May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7
Jan 2005 p. 53)) |
Reprint 6: The Workers’ Compensation and Injury Management Act 1981 as
at 5 Aug 2005 (includes amendments listed above except those in the Acts
Amendment (ICWA) Act 1996 and the Workers’ Compensation and
Rehabilitation Amendment (Cross Border) Act 2004 Pt. 3 and certain provisions
of the Workers’ Compensation Reform Act 2004 ) | |||
Workers’ Compensation Legislation Amendment Act 2005 Pt. 3, 4 and s. 32
37, 38 |
16 of 2005 |
27 Sep 2005 |
s. 30(1) and (2): 1 Jul 2005 (see s. 2(2)); |
Limitation Legislation Amendment and Repeal Act 2005 Pt. 9 |
20 of 2005 |
15 Nov 2005 |
15 Nov 2005 (see s. 2(2)) |
Chiropractors Act 2005 Sch. 3 cl. 8 39 |
31 of 2005 |
12 Dec 2005 |
1 Aug 2007 (see s. 2 and Gazette 31 Jul 2007 p. 3789) |
Reprint 7: The Workers’ Compensation and Injury Management Act 1981 as
at 3 Feb 2006 (includes amendments listed above except those in the Acts
Amendment (ICWA) Act 1996 and the Chiropractors Act 2005 ) | |||
Financial Legislation Amendment and Repeal Act 2006 s. 4 and Sch. 1 cl. 189 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
Criminal Law and Evidence Amendment Act 2008 s. 73 |
2 of 2008 |
12 Mar 2008 |
27 Apr 2008 (see s. 2 and Gazette 24 Apr 2008 p. 1559) |
Duties Legislation Amendment Act 2008 Sch. 1 cl. 42 |
12 of 2008 |
14 Apr 2008 |
1 Jul 2008 (see s. 2(d)) |
Legal Profession Act 2008 s. 713 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511) |
Medical Practitioners Act 2008 Sch. 3 cl. 54 |
22 of 2008 |
27 May 2008 |
1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989) |
Reprint 8: The Workers’ Compensation and Injury Management Act 1981 as
at 8 May 2009 (includes amendments listed above except those in the Acts
Amendment (ICWA) Act 1996 ) | |||
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 139 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
Acts Amendment (Bankruptcy) Act 2009 s. 94 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
Police Amendment Act 2009 s. 25 |
42 of 2009 |
3 Dec 2009 |
13 Mar 2010 (see s. 2(b) and Gazette 12 Mar 2010 p. 941) |
Statutes (Repeals and Minor Amendments) Act 2009 s. 17 |
46 of 2009 |
3 Dec 2009 |
4 Dec 2009 (see s. 2(b)) |
Standardisation of Formatting Act 2010 s. 4, 42(3) and 51 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) |
Health Practitioner Regulation National Law (WA) Act 2010 Pt. 5 Div. 50 |
35 of 2010 |
30 Aug 2010 |
18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075-6) |
Public Sector Reform Act 2010 s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563) |
Petroleum and Energy Legislation Amendment Act 2010 s. 186 |
42 of 2010 |
28 Oct 2010 |
25 May 2011 (see s. 2(b) and Gazette 24 May 2011 p. 1892) |
Reprint 9: The Workers’ Compensation and Injury Management Act 1981 as
at 25 Feb 2011 (includes amendments listed above except those in the Acts
Amendment (ICWA) Act 1996 and the Petroleum and Energy Legislation Amendment
Act 2010 ) | |||
Workers’ Compensation and Injury Management Amendment Act 2011 |
31 of 2011 |
31 Aug 2011 |
s. 1 and 2: 31 Aug 2011 (see s. 2(a)); |
Statutes (Repeals and Minor Amendments) Act 2011 s. 7 and 27 |
47 of 2011 |
25 Oct 2011 |
26 Oct 2011 (see s. 2(b)) |
Reprint 10: The Workers’ Compensation and Injury Management Act 1981 as
at 3 Feb 2012 (includes amendments listed above except those in the Acts
Amendment (ICWA) Act 1996 ) | |||
Workers’ Compensation and Injury Management Amendment Act 2012 40 |
12 of 2012 |
3 Jul 2012 |
s. 1 and 2: 3 Jul 2012 (see s. 2(a)); |
Workers’ Compensation and Injury Management Amendment (Jockeys) Act 2012
|
45 of 2012 |
20 Nov 2012 |
s. 1 and 2: 20 Nov 2012 (see s. 2(a)); |
Workers’ Compensation and Injury Management Amendment Act 2013 |
21 of 2013 |
12 Nov 2013 |
s. 1 and 2: 12 Nov 2013 (see s. 2(a)); |
13 of 2014 |
2 Jul 2014 |
30 Jan 2017 (see s. 2(b) and Gazette 17 Jan 2017 p. 403) |
Reprint 11: The Workers’ Compensation and Injury Management Act 1981 as
at 13 Feb 2015 (includes amendments listed above except those in the
Medicines and Poisons Act 2014 ) | |||
11 of 2016 |
26 May 2016 |
1 Jul 2016 (see s. 2(b) and Gazette 24 Jun 2016 p. 2291) | |
Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Act
2016 Pt. 4 |
28 of 2016 |
21 Sep 2016 |
21 Jan 2017 (see s. 2(b) and Gazette 20 Jan 2017 p. 647) |
Statutes (Repeals) Act 2016 Pt. 2 Div. 4 |
50 of 2016 |
28 Nov 2016 |
29 Nov 2016 (see s. 2(b)) |
Reprint 12: The Workers’ Compensation and Injury Management Act 1981 as
at 24 Nov 2017 (includes amendments listed above) | |||
Workers’ Compensation and Injury Management Amendment Act 2018 |
8 of 2018 |
20 Jun 2018 |
Pt. 1: 20 Jun 2018 (see s. 2(a)); |
Workers’ Compensation and Injury Management Amendment (COVID-19
Response) Act 2020 |
31 of 2020 |
18 Aug 2020 |
s. 1 and 2: 18 Aug 2020 (see s. 2(1)(a)); |
Work Health and Safety Act 2020 Pt. 15 Div. 4 Subdiv. 8 |
36 of 2020 |
10 Nov 2020 |
31 Mar 2022 (see s. 2(1)(c) and SL 2022/18 cl. 2) |
Legal Profession Uniform Law Application Act 2022 Pt. 17 Div. 22 |
9 of 2022 |
14 Apr 2022 |
1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) |
Directors’ Liability Reform Act 2023 Pt. 3 Div. 69 |
9 of 2023 |
4 Apr 2023 |
5 Apr 2023 (see s. 2(j)) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
State Superannuation (Transitional and Consequential Provisions) Act 2000
s. 74 |
43 of 2000 |
2 Nov 2000 |
To be proclaimed (see s. 2(2)) |
Workers’ Compensation and Injury Management Amendment Act 2011 s.
123(2)-(7) 41 |
31 of 2011 (as amended by No. 21 of 2023 Pt. 15 Div. 3 Subdiv. 19) |
31 Aug 2011 |
To be proclaimed (see s. 2(b)) |
21 of 2019 |
18 Sep 2019 |
To be proclaimed (see s. 2(1)(b)(xiii)) | |
21 of 2023 |
24 Oct 2023 |
1 Jul 2024 (see s. 2(d) and SL 2024/34 cl. 2) |
1 Footnote no longer applicable.
2 The Workers’ Compensation Act Amendment
Act (No. 2) 1977 s. 3 became operative on 28 Nov 1977.
3 The effect of this section was removed by the
Western Australian Marine Act 1982 s. 135, subject to the savings provisions
in section 135(4) of that Act.
4 Repealed by the Statute Stocktake Act 1999
(Cwlth).
5 Under s. 45 the following order in council was
published in Gazette 19 June 2009 p. 2253:
Workers’ Compensation and Injury Management Act 1981
Workers’ Compensation and Injury Management (Specified Industrial
Diseases) Order 2008
Made by the Governor in Executive Council under section 45 of the Act.
1. Citation
This order is the Workers’ Compensation and
Injury Management (Specified Industrial Diseases) Order 2008 .
2. Addition to Schedule 3
The disease and the process named in the Table are
included in Schedule 3.
Column 1 |
Column 2 |
Pleural plaques (diffuse pleural fibrosis) |
Any process entailing substantial exposure to asbestos dust. |
Note: In accordance with section 45(2) of the Act
this order takes effect on the expiration of 3 months from the date of
publication in the Gazette .
6 Repealed by s. 317 of this Act.
7 Repealed by the Interpretation Act 1984 s. 77.
8 The Superannuation and Family Benefits Act 1938
was repealed by the State Superannuation Act 2000 s. 39, but its provisions
continue to apply to and in relation to certain schemes because of the
State Superannuation (Transitional and Consequential Provisions) Act 2000
s. 26.
9 Now known as the
Workers’ Compensation and Injury Management Act 1981 ; short title
changed (see note under s. 1).
10 The Workers’ Compensation and Assistance
Amendment Act 1984 s. 9 and 10 are transitional and validation provisions that
are of no further effect.
11 The Workers’ Compensation and Assistance
Amendment Act 1985 s. 4(2) is a savings provision relating to the s. 10A
inserted by s. 4(1) of that Act. That s. 10A was replaced by the
Workers’ Compensation Legislation Amendment Act 2005 s. 9.
12 The Workers’ Compensation and Assistance
Amendment Act 1985 s. 23(2) and 41(2) read as follows:
23. Section 74 amended and transitional
(2) Section 74 of the
principal Act shall —
(a)
where the latest disability or recurrence of the worker occurs on or after the
coming into operation of this section — apply as amended by this
section; and
(b)
except as provided in paragraph (a) — continue to apply notwithstanding
the coming into operation of this section as if this section had not been
enacted.
41. Schedule 1 amended and transitional
(2) Clause 17 of
Schedule 1 of the principal Act as amended by subsection (1) applies to and in
respect of liability and the extent of liability to pay, and entitlement and
the extent of entitlement to receive, benefits for such expenses as are
provided for in that clause incurred before, on or after the coming into
operation of this section but nothing in subsection (1) shall revive or
increase the entitlement to such expenses where a worker had received a sum
equal to 10% of the prescribed amount or such further amount as the Board had
allowed under that clause before the coming into operation of this section.
13 The Workers’ Compensation and Assistance
Amendment Act 1985 s. 10-12, 19, 44 and 45 were deleted without having come
into operation by the Workers’ Compensation and Assistance Amendment Act
1988 s. 13.
14 The Workers’ Compensation and Assistance
Amendment Act 1985 s. 30(2) was a transitional provision that was repealed by
the Workers’ Compensation and Assistance Amendment Act 1990 s. 30(2).
15 The Workers’ Compensation and Assistance
Amendment Act 1986 s. 6(2) is a validation provision that is of no further
effect.
16 The Workers’ Compensation and Assistance
Amendment Act 1987 s. 6(2) is a validation provision that is of no further
effect.
17 The Workers’ Compensation and Assistance
Amendment Act 1990 s. 48(2) reads as follows:
48. Schedule 1 amended
(2) Clause 17 of
Schedule 1 of the principal Act as amended by subsection (1) applies to and in
respect of liability and the extent of liability to pay, and entitlement and
the extent of entitlement to receive, benefits for such expenses as are
provided for in that clause incurred before, on, or after the coming into
operation of this section but nothing in subsection (1) revives or increases
the entitlement to such expenses where a worker has received under that clause
a sum equal to 20% of the prescribed amount, or such further amount as the
Board has allowed under clause 18A of that Schedule, before the coming into
operation of this section.
18 The Workers’ Compensation and Assistance
Amendment Act 1990 s. 50 and 51 read as follows:
50. Transitional
(1) The amendments
effected by this Act that relate to rehabilitation do not apply in respect of
a disability that occurred before the commencement of section 35 of this Act,
and the principal Act shall apply in respect of any such disability as if the
amendments effected by this Act that relate to rehabilitation had not been
enacted.
(2) Without limiting
subsection (1), the amendments effected by sections 8, 9 and 19 of this Act do
not apply in respect of a claim that was made before the commencement of
section 8 of this Act, and the principal Act shall apply in respect of any
such claim as if the amendments effected by sections 8, 9 and 19 of this Act
had not been enacted.
51. Transitional — Schedule 5
(1) In this section
the amended Schedule means Schedule 5 to the principal Act as amended by
section 49 of this Act.
(2) Where there is
under the amended Schedule —
(a)
liability to pay compensation or to pay for the provision of other benefits,
or both; and
(b)
entitlement to receive compensation or other benefits, or both,
for or in relation to
the disability of lung cancer, in determining that liability and the extent of
it and that entitlement and the extent of it moneys already paid or required
to be paid under clause 2 of Schedule 5 to the principal Act shall be taken
into account and deemed to be moneys paid or required to be paid under the
amended Schedule.
19 The Workers’ Compensation and
Rehabilitation Amendment Act 1993 s. 4(4) reads as follows:
4. Part IV amended and application provision
(4) The provisions
inserted by subsection (3) have no operation in relation to a cause of action
in respect of which legal proceedings have been instituted before 4 p.m. on 30
June 1993 and, regardless of when legal proceedings are instituted,
sections 93E and 93F of those provisions have no operation in relation to a
cause of action arising wholly before 1 July 1993 but otherwise the provisions
inserted by subsection (3) apply to causes of action arising before the
commencement of this section in the same way as they apply to causes of acting
arising after that commencement.
20 The Workers’ Compensation and
Rehabilitation Amendment Act 1993 Pt. 2 Div. 2 (as amended by the
Workers’ Compensation and Rehabilitation Amendment Act 1999 Pt. 3 and
the Workers’ Compensation Reform Act 2004 s. 172(2)) reads as follows:
Division 2 — Further transitional provisions
5. Definitions
(1) In this Division
—
affected person means a person having a notifiable
cause;
improved statutory benefits means the benefits
under the principal Act that would be applicable if the amendments made by
this Act to Schedule 2 to the principal Act and to the prescribed amount had
been made immediately before the date of the accident that caused the injury
or the date of the audiometric test that showed that a loss or diminution of
the worker’s hearing had been incurred, as the case requires;
notifiable cause means a cause of action that
arose wholly before 1 July 1993 in respect of a disability for which, because
of section 93D of the principal Act, damages are prevented from being awarded
other than under this Division;
preliminary questions , in relation to a
notifiable cause, means —
(a)
whether or not a court would be likely to find the relevant employer or
insurer to be liable for damages in an action founded on that cause; and
(b) if
the relevant employer or insurer would be likely to be found liable for
damages, whether or not the damages that a court would be likely to award, but
for section 93D of the principal Act, would be significant damages;
relevant employer or insurer , in relation to a
notifiable cause, means the employer against whom the affected person has the
cause of action or the person insuring the employer against liability arising
out of that cause;
significant damages means damages of which —
(a) the
amount attributable to non-pecuniary loss; or
(b) the
amount attributable to future pecuniary loss,
is equal to or more than $25 000.
(2) Unless the
contrary intention appears, expressions in this Division that are used in the
principal Act have the same respective meanings in this Division as they have
in the principal Act.
6. Registration of certain causes of action
(1) WorkCover WA is to
keep a register containing particulars of notifiable causes registered under
this Division and persons who have those causes.
(2) WorkCover WA is to
register a notifiable cause if it was notified of the cause before 5 p.m. on
29 July 1993.
(3) WorkCover WA may,
not later than 30 June 1994, register a notifiable cause if it is satisfied
that there is good reason for notice of the cause not having been given until
after 5 p.m. on 29 July 1993.
(4) The functions of
WorkCover WA under this section in respect of a notifiable cause are to be
performed within 21 days after the day on which it is notified of the cause.
[Section 6 amended: No. 34 of 1999 s. 59; No. 42
of 2004 s. 172(2).]
7. Appeals for registration
(1) A person seeking
to have a notifiable cause registered under section 6(3) who is dissatisfied
with the decision of WorkCover WA may appeal to the Minister against the
decision.
(2) The Minister may
dismiss or allow the appeal and, if the appeal is allowed, WorkCover WA is to
register the cause.
[Section 7 amended: No. 42 of 2004 s. 172(2).]
8. Certificate of registration
WorkCover WA, upon
registering a notifiable cause, is to give to the affected person a
certificate to the effect that the cause is registered and within 21 days
notify the relevant employer or insurer in writing accordingly.
[Section 8 amended: No. 42 of 2004 s. 172(2).]
9. Negotiations with employer or insurer
(1) Within 60 days
after the day on which the affected person is given a certificate of
registration of a cause of action, the affected person may submit to the
relevant employer or insurer details of the claim for damages in respect of
the disability from which the cause arose, together with a copy of the
certificate.
(2) The employer or
insurer may, within 60 days after the day on which details of the claim are
submitted in accordance with subsection (1) —
(a)
notify the affected person in writing that the employer’s liability is
accepted and either —
(i)
offer to pay to the affected person in settlement of the
claim an amount specified in the notice; or
(ii)
decline to pay on the grounds that the damages are not
significant damages;
or
(b)
notify the affected person in writing that the employer’s liability is
not accepted.
(3) Nothing in a
notice under subsection (2) is admissible in court proceedings for the award
of damages in respect of the disability.
(4) Without limiting
the other matters that may be taken into account by a court but subject to
section 12(3) and (4), in making an order as to costs the court shall have
regard to whether or not a person has acted within the time specified in this
section.
10. Improved statutory benefits available if
liability accepted
(1) An affected person
who is notified under section 9 that liability is accepted may, whether or not
damages are considered to be significant, discontinue proceedings, if any, in
respect of the cause and opt for the improved statutory benefits.
(2) An offer made
under section 9(2)(a)(i) to an affected person lapses if the person opts for
the improved statutory benefits.
11. Consequences of filing certificate in court
proceedings
(1) If an affected
person —
(a) has
commenced court proceedings in respect of a registered cause (whether the
cause was registered before or after the proceedings were commenced); and
(b) has,
within 90 days after the day on which the certificate was given, filed the
certificate of registration in the proceedings and given a copy of the
certificate to each other party to the proceedings,
the relevant employer
or insurer may within 60 days after the day on which the certificate is filed,
apply to a District Court Judge for a declaration as to the preliminary
questions or either of those questions that is in dispute.
(2) If, in the
circumstances mentioned in subsection (1)(a) and (b), the relevant employer or
insurer does not apply under subsection (1) to a District Court Judge within
the time provided by that subsection, the affected person may —
(a)
discontinue the proceedings and opt for the improved statutory benefits; or
(b)
continue the proceedings and enjoy the exemption given by section 13(1).
(3) If, on an
application under subsection (1), the District Court Judge declares that a
court would not be likely to find the relevant employer or insurer to be
liable for damages in an action founded on the cause, this Division has no
further application in relation to that cause.
(4) If, on an
application under subsection (1), the District Court Judge declares that
—
(a) a
court would be likely to find the relevant employer or insurer to be liable
for damages in an action founded on the cause; and
(b) the
damages that a court would be likely to award but for section 93D of the
principal Act would not be significant damages,
this Division has no
further application in relation to that cause unless the affected person
discontinues the proceedings and opts for the improved statutory benefits.
(5) If, on an
application under subsection (1), the District Court Judge declares that
—
(a) a
court would be likely to find the relevant employer or insurer to be liable
for damages in an action founded on the cause; and
(b) the
damages that a court would be likely to award but for section 93D of the
principal Act would be significant damages,
the affected person
may —
(c)
discontinue the proceedings and opt for the improved statutory benefits; or
(d)
continue the proceedings and enjoy the exemption given by section 13(1).
[Section 11 amended: No. 34 of 1999 s. 60.]
12. Offer to settle
(1) If the proceedings
are continued in the circumstances described in subsection (2) or (5) of
section 11, the relevant employer or insurer is to make an offer to settle, or
consent to judgment, in the proceedings.
(2) The offer is to be
made within 60 days after —
(a) the
last day on which the application under section 11(1) could have been made; or
(b) the
day on which the declaration under section 11(5) was made,
as the case requires,
unless the proceedings had been commenced less than 120 days before the day by
which the offer would otherwise be required to be made in which case the offer
is to be made within 120 days after the day on which the proceedings were
commenced.
(3) If the offer is
not accepted nor withdrawn and the court awards damages in an amount that is
not more than 120% of the amount offered, the costs of the proceedings are to
be paid by the affected person.
(4) If the court
awards damages in an amount that is more than 120% of the amount offered, the
costs of the proceedings are to be paid by the relevant employer or insurer.
(5) If an offer is not
made as required by this section or an offer is made but withdrawn, a nil
amount is taken for the purposes of subsection (4) to have been offered.
13. Exemption from effect of section 93D
(1) If proceedings in
respect of a cause are continued in the circumstances described in subsection
(2) or (5) of section 11, section 93D of the principal Act has no operation in
relation to the cause.
(2) Unless, in the
proceedings continued, the court has decided that the disability did not
result from the negligence or other tort of the employer, the affected person
may, at any time, discontinue the proceedings and opt for the improved
statutory benefits.
(3) If the court
decides that the relevant employer or insurer is liable for damages but the
damages are not significant damages, no damages are to be awarded but the
affected person is to be taken to have opted under this Division for the
improved statutory benefits.
14. Consequences of opting for improved statutory
benefits
(1) An affected person
opting for the improved statutory benefits is to do so by notice in writing
given to the relevant employer or insurer and, if court proceedings have been
commenced, a copy of the notice is to be filed in the proceedings.
(2) If under this
Division an affected person opts for the improved statutory benefits, the
benefits available to the person under the principal Act are the improved
statutory benefits but otherwise this Division has no further application in
relation to that cause.
(3) Subsection (2)
applies whether or not the full extent of the benefits to which a person would
be entitled under the principal Act but for this section had already been
received when the person opts for the improved statutory benefits.
15. Time limits for bringing proceedings
(1) If the time
limited for bringing proceedings for a notifiable cause would, but for this
subsection, expire or have expired at any time after 4 p.m. on 30 June 1993
but before the day that is 90 days after the day on which a certificate of the
registration of that cause under this Division is given, the time for bringing
those proceedings is extended to the day that is 90 days after the day on
which the certificate is given.
(2) The extension of
time given by subsection (1) does not limit any extension given by a court.
16. Fund to bear cost of declarations
WorkCover WA is to pay
from the General Fund to the Consolidated Fund such amount as the Treasurer
directs in respect of the cost to the State of dealing with applications for
declarations under this Division by a District Court Judge.
[Section 16 amended: No. 42 of 2004 s. 172(2).]
17. Leave not required if certificate filed
Section 93D(4) and (5)
of the principal Act do not apply to the commencement of proceedings in
respect of a registered cause if the certificate of registration was issued
not more than 90 days before the proceedings are commenced and, when the
proceedings are commenced, the certificate is filed.
21 The Workers’ Compensation and
Rehabilitation Amendment Act 1993 s. 18(3) reads as follows:
18. Section 5 amended
(3) The increase in
the prescribed amount effected by subsection (1) has effect on and from 1 July
1993.
22 The Workers’ Compensation and
Rehabilitation Amendment Act 1993 s. 19(2) reads as follows:
19. Schedule 1 amended
(2) The amendments
made by subsection (1) have effect on and from 1 July 1993.
23 The Workers’ Compensation and
Rehabilitation Amendment Act 1993 s. 20(2) reads as follows:
20. Schedule 2 amended
(2) The amendments
made by subsection (1) have effect on and from 1 July 1993.
24 The Workers’ Compensation and
Rehabilitation Amendment Act 1993 s. 27 is a transitional provision that is of
no further effect.
25 The Workers’ Compensation and
Rehabilitation Amendment Act 1993 s. 28(2) is a provision for regulations as
to transitional and other matters and is of no further relevance.
26 The amendments in the Workers’
Compensation and Rehabilitation Amendment Act 1993 Sch. 1 cl. 28 and 30 which
sought to amend s. 73(1), (4) and (6) are not included because of amendments
to s. 73 made by Sch. 1 cl. 16 of that Act.
The amendments in the Workers’ Compensation
and Rehabilitation Amendment Act 1993 Sch. 1 cl. 30 which sought to amend Sch.
7 cl. 6(1)(a), 6(2)(a) and 8(3) are not included because of amendments made by
Sch. 1 cl. 27 of that Act.
27 The amendments in the Acts Amendment (ICWA) Act
1996 Sch. 1 it. 16 which sought to amend s. 95, 147 and 154 are not included
because those sections were deleted by the Workers’ Compensation Reform
Act 2004 s. 155.
28 The Workers’ Compensation and
Rehabilitation Amendment Act (No. 2) 1999 s. 7(3) is a transitional provision
relating to the s. 84E inserted by s. 7(2) of that Act. That s. 84E was
deleted by the Workers’ Compensation Reform Act 2004 s. 67.
29 The Workers’ Compensation and
Rehabilitation Amendment Act 1999 s. 32(6), (7) and (8) (as amended by the
Workers’ Compensation and Rehabilitation Amendment Act (No. 3) 1999 s.
3) read as follows:
32. Amendments about awarding damages and related
matters (sections 5, 61, 84ZH, 84ZR and 193, Part IV Division 2 and Schedule
1), and saving and transitional provisions
(6) In subsections (7)
and (8) —
amended provisions means Part IV Division 2 of the
principal Act as amended by this section;
assent day means the day on which this Act
receives the Royal Assent;
former provisions means Part IV Division 2 of the
principal Act before it was amended by this section.
(7) The amended
provisions do not affect the awarding of damages in proceedings —
(a)
commenced before the assent day; or
(b) for
the commencement of which the District Court gave leave under the former
provisions before the assent day,
and the former
provisions continue to apply in relation to those proceedings.
(8) If weekly payments
of compensation in respect of a disability —
(a)
commenced before the assent day; or
(b) were
ordered by a dispute resolution body to commence before the assent day,
and the termination
day referred to in section 93E of the amended provisions —
(c) was
before the assent day;
(d) is
the assent day; or
(e)
would not be more than 3 months after the assent day,
the termination day is
to be regarded as being the day that is 3 months after the assent day.
[Subsection (8) amended: No. 37 of 1999 s. 3.]
30 The Workers’ Compensation and
Rehabilitation Amendment Act 1999 s. 46(2), (3) and (4) read as follows:
46. Part X Division 3 inserted and transitional
provisions
(2) A person who
—
(a)
before the commencement of section 35, was authorised by the Commission under
the former section 103 as an inspector; or
(b)
before the commencement of section 44, was authorised by the Minister under
the former section 172,
is to be regarded as
having been authorised by the Commission as an inspector under section 175A(1)
of the principal Act and as 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 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 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.
31 The Workers’ Compensation and
Rehabilitation Amendment Act 1999 s. 56(2) reads as follows:
56. Schedule 7 amended and transitional provisions
(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 the Commission before or after the commencement of that
subsection.
32 The Workers’ Compensation and
Rehabilitation Amendment (Cross Border) Act 2004 Pt. 2 Div. 2 (as amended by
s. 16, 17(5) and 19 of that Act) reads as follows:
Division 2 — Transitional
14. Transitional provisions
(1) In this section
—
amendments means amendments made to the principal
Act by this Act;
commencement day means the day on which this Part
comes into operation;
principal Act means the Workers’
Compensation and Rehabilitation Act 1981 ,
and other terms used
have meanings consistent with the meanings they have in the principal Act.
(2) The amendments do
not apply in respect of an injury that occurred before the commencement day,
and the principal Act applies in respect of such an injury as if the
amendments had not been made.
(3) If the death of a
worker results from both an injury that occurred before the commencement day
and an injury that occurred on or after that day, the worker is, for the
purposes of the application of the amendments to and in respect of the death
of the worker, to be treated as having died as a result of the injury that
occurred on or after that day.
(4) If a period of
incapacity for work resulted both from an injury that occurred before the
commencement day and an injury that occurred on or after that day, the
incapacity is, for the purposes of the application of the amendments to and in
respect of that incapacity for work, to be treated as having resulted from an
injury that occurred on or after that day.
(5) Neither the
amendments nor subsections (3) and (4) affect the apportionment of liability
under Part III Division 6 of the principal Act in a case where one or more of
the injuries concerned occurred before the commencement day and one or more
occurred on or after that day.
(6) A policy of
insurance that an employer has against liability under the principal Act and
that is in force at the beginning of the commencement day covers the employer,
for as long as the policy remains in force, for the employer’s liability
under the principal Act as amended by this Act.
[Section 14 amended: No. 36 of 2004 s. 16, 17(5) and 19.]
33 The Workers’ Compensation Reform Act 2004
s. 114(3) and Pt. 4 (as amended by the Workers’ Compensation Legislation
Amendment Act 2005 s. 7) read as follows:
114. Section 152 amended and transitional
provision
(3) The amendment made
by subsection (1) does not apply to the charging of a loading in so far as the
loading relates to a period of insurance that commenced before the
commencement of that subsection.
Part 4 — Transitional provisions
Division 1 — General
176. Interpretation
In this Division
unless the contrary intention appears —
principal Act means the Workers’
Compensation and Rehabilitation Act 1981 as in force immediately before the
coming into operation of the provision in which the term is used;
amended Act means the
Workers’ Compensation and Injury Management Act 1981 as in force
immediately after the coming into operation of the provision in which the term
is used.
177. Application of Interpretation Act 1984
The provisions of this
Part do not prejudice or affect the application of the Interpretation Act 1984
to and in relation to the repeals effected by this Act.
178. Transitional regulations
(1) If this Act does
not provide sufficiently for a matter or issue of a transitional nature that
arises as a result of the amendments effected by this Act, the Governor may
make regulations prescribing all matters that are required, necessary or
convenient to be prescribed for providing for the matter or issue.
(2) If in the opinion
of the Minister an anomaly arises in the carrying out of any provision —
(a) of
this Act; or
(b) of
the Interpretation Act 1984 as it applies to the amendments made by this Act,
the Governor may by
regulations —
(c)
modify that provision to remove that anomaly; and
(d) make
such provision as is necessary or expedient to carry out the intention of that
provision.
(3) If regulations
made under subsection (1) or (2) provide that a state of affairs specified or
described in the regulations is to be taken to have existed, or not to have
existed, on and from a day that is earlier than the day on which the
regulations are published in the Gazette but not earlier than the commencement
day, the regulations have effect according to their terms.
(4) If regulations
contain a provision referred to in subsection (3), the provision does not
operate so as —
(a) to
affect, in a manner prejudicial to any person (other than the State or an
authority of the State), the rights of that person existing before the day of
publication of those regulations; or
(b) to
impose liabilities on any person (other than the State or an authority of the
State) in respect of anything done or omitted to be done before the day of
publication of those regulations.
179. Power to amend subsidiary regulations
(1) The Governor, on
the recommendation of the Minister, may make subsidiary legislation amending
subsidiary legislation made under any Act.
(2) The Minister may
make a recommendation under subsection (1) only if the Minister considers that
each amendment proposed to be made by subsidiary legislation is necessary or
desirable as a consequence of the enactment of this Act.
(3) Nothing in this
section prevents subsidiary legislation from being amended in accordance with
the Act under which it was made.
Division 2 — Transitional provisions relating to statutory entitlements
180. Section 217 of the
Workers’ Compensation and Injury Management Act 1981
(1) Despite the
enactment of section 217 of the amended Act, if, before the day on which
section 130 of this Act comes into operation the total weekly payments by way
of compensation payable under Schedule 1 clause 7 of the principal Act for
that disability have reached the prescribed amount within the meaning of that
Act, the total liability of the employer of a worker under section 217 of the
amended Act in respect of that disability or incapacity is not to exceed the
lesser of the amounts set out in section 84E(3)(a) and (b) of the principal
Act as in force immediately before the coming into operation of section 130 of
this Act.
(2) If, after the
coming into operation of section 130 of this Act, a claim for damages in
respect of an incapacity that has been settled by agreement independently of
the principal Act is disapproved under section 92 of the amended Act, section
217 of the amended Act applies in respect of the total liability of the
employer of the worker.
181. Transitional provisions — amendments to
Schedule 1
(1) Where the death of
a worker occurred before the coming into operation of section 141(1) of this
Act, Schedule 1 clause 1 of the principal Act as in force immediately before
the coming into operation of section 141(1) of this Act applies in relation to
the compensation entitlements of the worker as if section 141(1) of this Act
had not been enacted.
(2) Amount Aa as
determined under Schedule 1 clause 11 of the amended Act as amended by
subsections (9) and (12) of section 141 of this Act applies in relation to all
weekly payments payable on or after the coming into operation of those
subsections, but no weekly payments payable before those subsections come into
operation are affected by the amendments effected by those subsections.
(3) Schedule 1 clause
11(3) of the amended Act as amended by section 141(10) of this Act does not
apply in relation to weekly earnings of a worker who, before the coming into
operation of section 141(10) of this Act, has received 4 weekly payments of
compensation, and Schedule 1 clause 11(3) of the principal Act applies in
respect of those weekly earnings as if the amendment had not been enacted.
(4) Schedule 1 clause
11(4) of the amended Act as amended by section 141(11) of this Act does not
apply in relation to weekly earnings of a worker who, before the coming into
operation of section 141(11) of this Act, has received 4 weekly payments of
compensation, and Schedule 1 clause 11(4) of the principal Act applies in
respect of those weekly earnings as if the amendment had not been enacted.
(5) Schedule 1 clause
18A of the amended Act as amended by section 141 of this Act does not apply to
compensation payable to a worker if, before the coming into operation of
section 141(16) of this Act —
(a) an
election by the worker under section 93E(3)(b) of the principal Act in respect
of the disability has been registered;
(b) an
order for redemption of the liability for incapacity has been made under
section 67(4) of the principal Act or any order for settlement or redemption
of the liability has been made under Part IIIA of that Act;
(c) an
agreement in respect of the whole of the liability for incapacity or as to the
amount of compensation payable for the incapacity has been registered under
Part III Division 7 of the principal Act; or
(d) the
worker’s claim for damages in respect of the injury or incapacity has
been settled by agreement independently of the principal Act.
(6) Subsection (5)(d)
does not apply if, after the coming into operation of section 141(16) of this
Act, the settlement is disapproved under section 92 of the amended Act.
Division 3 — Transitional provisions relating to dispute resolution
182. Interpretation
(1) In this Division
—
commencement day means the day on which section
130 of this Act comes into operation;
Director Dispute Resolution has the meaning given
to Director in the amended Act;
Director of Conciliation and Review has the
meaning given to Director in the principal Act;
pending proceeding means —
(a) any
matter the conciliation, review or other determination of which has been
sought but not commenced before a dispute resolution body; or
(b) any
matter that has been partly or fully heard or otherwise dealt with before, but
not determined by, a dispute resolution body.
(2) The following
expressions have the same meaning in this Division as they had in the
principal Act before it was amended by this Act —
(a)
“compensation magistrate’s court”;
(b)
“conciliation officer”;
(c)
“dispute resolution body”;
(d)
“review officer”.
(3) Unless the
contrary intention appears, words and expressions used in this Part have the
same meaning as they have in the amended Act.
183. Conciliation and review
(1) A pending
proceeding referred for conciliation under Part IIIA Division 2 of the
principal Act, referred for review under Part IIIA Division 3 of that Act or
otherwise referred to a conciliation officer or a review officer for
determination under that Act or the subject of an application to a
conciliation officer or a review officer under that Act —
(a) is,
on and from the commencement day, taken to be a proceeding pending before an
arbitrator; and
(b) is
to be heard and determined by an arbitrator as if the referral or application
were an application made under the amended Act.
(2) A dispute
resolution authority to whom a pending proceeding is transferred under this
section may —
(a)
receive in evidence any transcript of evidence in a proceeding before a
dispute resolution body relating to that matter; and
(b)
adopt, as the dispute resolution authority thinks fit, any finding or decision
of a dispute resolution body relating to that matter.
(3) The Director
Dispute Resolution may give directions for the purpose of dealing with issues
arising when the amended Act confers on a dispute resolution authority
jurisdiction to deal with a matter that, before that jurisdiction was
conferred, was dealt with by a dispute resolution body.
(4) Directions given
under subsection (3) may modify the provisions of the amended Act, or the
rules or regulations made under that Act, to such extent as is necessary or
expedient to apply any of the general principles described in this section in
a proceeding of a particular kind and to ensure a smooth transfer of
proceedings from dispute resolution bodies to dispute resolution authorities.
(5) On and from the
commencement day, anything ordered, decided, or otherwise done by a
conciliation officer or review officer in respect of a matter under the
amended Act before the commencement day becomes of the same effect as if, and
enforceable as if, it were ordered, decided or done by an arbitrator under the
provisions of the amended Act authorising an arbitrator to order, decide, or
do corresponding things after the commencement day.
184. Compensation magistrate’s court
(1) A matter referred
to a compensation magistrate’s court under section 84ZM of the principal
Act, but which the court has not commenced to hear before the commencement
day, is to be transferred to the Commissioner and is to be dealt with by the
Commissioner as if it had been referred under section 246(1) of that Act as
amended by this Act.
(2) On and from the
commencement day —
(a) any
pending proceeding before a compensation magistrate’s court; and
(b) any
matter that has been determined by a review officer and —
(i)
would have been appealable to a compensation
magistrate’s court had the law in force immediately before the
commencement day continued to apply; or
(ii)
was the subject of an appeal to a compensation
magistrate’s court that was not determined before the commencement day,
is to continue to be
dealt with and determined as if the law in force immediately before the
commencement day had continued in force.
(3) The principal Act
as in force before the commencement day continues to apply to the extent that
is necessary to enable a compensation magistrate’s court to continue to
deal with and determine a matter under this section and to enable appeals to
be dealt with and implemented.
(4) Anything ordered,
decided or otherwise done by a compensation magistrate’s court under
this section or before the commencement day is to be given effect and
enforced, and is subject to appeal and may be dealt with on appeal, as if the
principal Act as in force before the commencement day continued to apply.
(5) Without limiting
sections 84ZP and 115 of the principal Act as in force on 13 November 2005, a
compensation magistrate’s court acting under this section may remit a
matter to an arbitrator for determination, with or without any direction.
[Section 184 amended: No. 16 of 2005 s. 7.]
185. Existing summonses and warrants
(1) If immediately
before the commencement day a summons or other process issued by a review
officer under Part IIIA of the principal Act is in force, then on the
commencement day the summons, warrant or other process is to be taken to be a
summons or other process issued under Part XI of the amended Act.
(2) If immediately
before the commencement day a summons issued by a review officer under Part
IIIA of the principal Act is in force and requires the person to attend
before, or to produce documents to, a review officer, then on the commencement
day the summons is to be taken to require the person to attend before, or
produce the documents to, an arbitrator at the place specified in the summons.
186. Director of Conciliation and Review
(1) In this section
—
former function means a function of the Director
Dispute Resolution that is substantially similar to a function that before the
commencement day was performed by the Director of Conciliation and Review.
(2) On the
commencement day —
(a) any
matter involved in the performance of a former function is to be transferred
to the Director Dispute Resolution;
(b) any
application, referral or other thing made, or otherwise directed or given to
the Director of Conciliation and Review to do with the performance of the
former function becomes of the same effect as if it had been referred or given
to the Director Dispute Resolution to be dealt with under the amended Act; and
(c)
anything decided, or otherwise done by the Director of Conciliation and Review
in the performance of a former function becomes of the same effect as if, and
enforceable as if, it were decided, or done by the Director Dispute Resolution
under the provisions authorising the Director Dispute Resolution to decide, or
do corresponding things after the commencement day.
(3) For the purposes
of subsection (1), section 183(2), (3) and (4) apply as if a reference in that
section to a dispute resolution body includes a reference to the Director of
Conciliation and Review and a reference in that section to a pending
proceeding includes a reference to a matter referred to in subsection (1).
187. Records
(1) All records of a
dispute resolution body relating to a matter that is transferred to a dispute
resolution authority under section 183 of this Act, and all records of the
Director of Conciliation and Review, are to be given to the Director Dispute
Resolution.
(2) A compensation
magistrate’s court is to cause the Director Dispute Resolution to be
given —
(a) a
record of anything referred to in section 184 that the compensation
magistrate’s court orders, decides, or otherwise does; and
(b) all
records relating to a matter that is transferred, or that the compensation
magistrate’s court finishes dealing with, under section 184.
188. Deemed eligibility for approval as Director
or arbitrator
(1) The person who,
immediately before the coming into operation of section 130 of the
Workers’ Compensation Reform Act 2004 , was the Director of Conciliation
and Review is taken to be eligible for approval under section 288(3) of the
amended Act as the Director Dispute Resolution.
(2) An officer of
WorkCover WA who, immediately before the coming into operation of section 130
of the Workers’ Compensation Reform Act 2004 , was a review officer is
taken to be eligible for approval under section 286(3) of the amended Act as
an arbitrator.
(3) Subsection (2)
does not apply to a person seconded to, or acting in, the office of a review
officer immediately before the coming into operation of section 130 of the
Workers’ Compensation Reform Act 2004 .
Division 4 — Transitional provisions relating to Part VIII amendments
189. Transitional provisions for Part VIII
amendments
(1) When the Part VIII
amendments come into operation (the commencement time ), any effect that
anything done before the commencement time by the former Committee would have
had if those amendments had not been made continues as if the corresponding
thing had been done by WorkCover WA.
(2) In subsection (1)
—
WorkCover WA has the meaning given to that term by
the Workers’ Compensation and Injury Management Act 1981 ;
corresponding thing means anything done by
WorkCover WA after the commencement of the Part VIII amendments that would
have substantially the same effect after the commencement as what was done by
the former Committee would have had if the Part VIII amendments had not been
made;
former Committee means the Premium Rates Committee
under the Workers’ Compensation and Rehabilitation Act 1981 as in force
before the commencement of the Part VIII amendments;
Part VIII amendments means the amendments that
sections 104 to 117 and 150 to 153 make to Part VIII of the Workers’
Compensation and Rehabilitation Act 1981 .
34 The amendments in the Workers’
Compensation Reform Act 2004 s. 146, 147 and 148(2) which sought to amend s.
15 are not included because s. 15 was deleted by the Workers’
Compensation and Rehabilitation Amendment (Cross Border) Act 2004 s. 5.
The amendments in the Workers’ Compensation
Reform Act 2004 s. 146 and 147 which sought to amend s. 16(1a) are not
included because s. 16(1a) was deleted by the Workers’ Compensation and
Rehabilitation Amendment (Cross Border) Act 2004 s. 6(1).
The amendments in the Workers’ Compensation
Reform Act 2004 s. 148(1) which sought to amend s. 16(2) are not included
because of amendments to s. 16(2) made by the Workers’ Compensation and
Rehabilitation Amendment (Cross Border) Act 2004 s. 6(2).
The amendments in the Workers’ Compensation
Reform Act 2004 s. 147 which sought to amend s. 23 are not included because
s. 23 was replaced by the Workers’ Compensation and Rehabilitation
Amendment (Cross Border) Act 2004 s. 8.
35 The amendments in the Acts Amendment (Court of
Appeal) Act 2004 Sch. 1 cl. 29, which was proclaimed to commence on 1 July
2005 (see Gazette 14 Jan 2005 p. 163), are not included because the sections
in the Workers’ Compensation and Injury Management Act 1981 that it
purports to amend were not in operation on 1 July 2005. Subsequently Sch. 1
cl. 29 was deleted by the Workers’ Compensation Legislation Amendment
Act 2005 s. 31.
36 The Criminal Procedure and Appeals
(Consequential and Other Provisions) Act 2004 Sch. 2 cl. 157 (the amendment to
s. 175H(2)(c)) was deleted without having come into operation by the Criminal
Law and Evidence Amendment Act 2008 s. 78(10).
37 The Workers’ Compensation Legislation
Amendment Act 2005 s. 9(2) reads as follows:
9. Section 10A replaced and transitional provision
(2) Nothing in this
section affects or limits the operation of the
Workers’ Compensation and Injury Management Act 1981 in relation to a
director of a company if that director, at any time before the coming into
operation of this section, received, or was entitled to receive, compensation
under that Act, and for that purpose that Act continues to apply in relation
to the director as if this section had not been enacted.
38 The Workers’ Compensation Legislation
Amendment Act 2005 s. 30(3) reads as follows:
30. Section 5 amended and transitional provision
(3) In determining the
compensation payable to a dependant of a worker under clause 1 or 2 in
accordance with the Workers’ Compensation and Injury Management Act
1981 as amended by subsection (2) —
(a) any
compensation paid under the relevant clause before this Act received the Royal
Assent is to be deducted; and
(b) if
an apportionment of compensation has been determined or agreed in relation to
compensation under the relevant clause before this Act receives the Royal
Assent, any compensation payable under the relevant clause after this Act
receives the Royal Assent is to be apportioned in a like manner.
39 The amendment in the Chiropractors Act 2005
s. 109 which sought to amend s. 176(1b)(d) is not included because s. 176 was
replaced by the Workers’ Compensation Reform Act 2004 s. 130 before the
amendment purported to come into operation.
40 The Workers’ Compensation and Injury
Management Amendment Act 2012 Pt. 3 reads as follows:
Part 3 — Transitional
13. Terms used
In this Part —
Part X means the
Workers’ Compensation and Injury Management Act 1981 Part X;
transitional period means the period beginning on
1 October 2011 and ending when Part 2 of this Act comes into operation.
14. Things done or omitted during the transitional
period
(1) Anything done
during the transitional period that —
(a) did
not comply with a provision of Part X; and
(b)
would have complied with that provision if done immediately after the
transitional period,
is taken to have
complied with that provision at the time it was done.
(2) Where —
(a)
during the transitional period, an employer does not obtain or keep current an
insurance policy under Part X for a liability of a particular kind to a
particular person; and
(b) the
employer is taken under subsection (1) to have complied with a provision of
Part X requiring it to obtain or keep current such a policy,
an insurer who has
issued to the employer a liability insurance policy other than for the
purposes of Part X may not reject a claim under that policy on the grounds
that the claim relates to a liability for which the employer was required
under Part X to insure.
(3) In this section a
reference to doing anything includes a reference to omitting to do that thing.
15. Validity of terms, conditions and exclusions
of insurance policies effected during the transitional period
A term, condition or
exclusion of an insurance policy obtained or kept current during the
transitional period for the purposes of Part X which, if the policy were
obtained immediately after the transitional period, would be valid, lawful and
effective is taken to be valid, lawful and effective from the time when the
policy was obtained or, if later, from the beginning of the transitional
period.
41 The Workers’ Compensation and Injury
Management Amendment Act 2011 s. 123(2)-(7) will be deleted by the
Workers’ Compensation and Injury Management Act 2023 Pt. 15 Div. 3
Subdiv. 19 when it comes into operation.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
additional medical
examination 66A(1)
adjacent area
Sch. 6 cl. 2(1), (2), (3) and (4)
adjustable amount
5A(1A)
adjustment methodology
5A(3)
agent 261
agent service
261
aggregated amount Sch. 1A cl. 11(1)
agreed 93E(1)
AIDS
31F(1), 93Q(8)
AMA Guides 93CA
amended provisions
Sch. 8 cl. 1
amending Act
Sch. 8 cl. 1
amendment day 24(1), 31A(1)
Amount A 93F(8), 93K(12), Sch. 1 cl. 11(2)
Amount
Aa Sch. 1 cl. 11(2)
Amount B
Sch. 1 cl. 11(2)
Amount C 5A(1A), Sch. 1
cl. 11(2)
Amount D Sch. 1 cl. 11(2)
Amount E
Sch. 1 cl. 11(2)
another State
93AF(2)
application 72L(1)
application for conciliation 5(1)
approved
72C
approved insurance office
5(1)
approved medical specialist 5(1)
approved
medical specialist panel 5(1)
approved treatment
5(1)
approved vocational rehabilitation provider
5(1)
arbitration
rules 5(1), 293B(1)
Arbitration Service
5(1)
arbitrator 5(1)
audiometric test Sch. 7 cl. 1
auditor
175B(2)
Australian practising certificate
5B(1)
authorised officer 175E
bonus
or allowance Sch. 1 cl. 11(2)
certificate of
outcome 182ZE
Chairman of WorkCover WA
5(1)
chief executive officer
5(1)
child Sch. 1A cl. 2(2)
children
Sch. 1A cl. 2(2)
child’s allowance
72J(1), Sch. 1A cl. 5
chiropractor 5(1)
claim 72C
claimant 72C
claim for compensation by way of weekly payments
93N(1A)
clause 5(1), 72C
code
155
commencement day 5B(1), 93EA(4),
93EB(4), 93T(1), Sch. 8 cl. 1 and 9
Commissioner
Sch. 8 cl. 1
company 5(1), 10A(1), 175AA(1)
compensable injury
159
compensation order
72I(1), 72J(1)
compound discount table 68(4)
conciliation agreement 182ZE
conciliation decision
182ZE
conciliation officer
5(1), 182G(3)
conciliation rules 5(1),
293A(1)
Conciliation Service 5(1)
continental
shelf Sch. 6 cl. 1
contract of insurance
5(1)
contractor 175(1) and
(6)
Contribution Act 93F(4), 93K(8)
corporate body
10A(1)
corresponding law
5B(1)
costs 261
costs determination
261
costs of a proceeding 261
court 23A, 182ZH(1)
Crown
14(1)
damages 72K(1), 93A, 159
date of
injury 49A
decision
5(1)
decision of an approved medical specialist
146J(2)
decision of an approved medical specialist panel
146O(7)
decision of a specialised retraining assessment panel
146V(9)
deemed worker 159
de
facto partner Sch. 5 cl. 1(1)
defendant
92, 93(1)
degree of disability
93E(1)
degree of impairment 146
degree of
permanent impairment 31B
degree of permanent whole
of person impairment 93H(1), 158(1),
Sch. 1 cl. 18C(3)
dentist 5(1)
dependant 5(1), 72I(1), 72J(1), Sch. 1A cl. 3
designation 182C(1), 182ZR(1)
determined
93E(1)
direction 182M(1)
Director 5(1)
director
10A(1)
disease 5(1)
dispute
176(1), 182E(1), Sch. 8 cl. 1
dispute resolution authority
5(1)
District Court 5(1)
Division 5(1)
document
111A(4), 314A(1)
DRD Sch. 8 cl. 1
DRD records
Sch. 8 cl. 4(1)
DRD Rules
Sch. 8 cl. 1
drug of addiction 5(1)
E
175AA(1), 303A(1)
earnings
5(1), 10A(1), Sch. 1 cl. 11(2)
election registration day
93H(1)
eligible child Sch. 1A cl.
8(2)
eligible person Sch. 1A cl. 11(1)
employer
5(1), 59(1), 93AC, 154A(2)
estimate
5(1)
event 93H(2), 158(2), Sch. 1
cl. 18C(4)
FES employment 49A
firefighting
employment 49A
former Board
316
former provisions Sch. 8 cl. 1 and 9
former Subdivision 93T(1)
former Supplementary
Board 316
full amount
31D(1)
funeral expenses Sch. 1A cl. 9(1)
General
Account 5(1)
hazardous fire
49A
hazardous firefighting employment 49A
hearing 259(1)
HIV
31F(1), 93Q(8)
impairment 31G(1)
incorporated
insurance office 161(1)
industrial agreement
5(1)
industrial award
5(1)
industrial disease premium 5(1)
information
111A(4), 182R(1)
injury
5(1), 93AC, 180(1), Sch. 1A cl. 1
injury management
5(1)
injury management system 155
in
respect of the injury or injuries 93P(3)
inspector
5(1)
insurable damages
159
Insurance Commission of Western Australia 5(1)
jockey Sch. 1 cl. 16A(1)
Joint Petroleum
Development Area Sch. 6 cl. 1
judgment
72K(1)
Legal Costs Committee
269(1)
legal service 261
liable
159
licensed facility 11A(1)
licensed jockey 11A(1)
licensed trainer
11A(1)
loss of 25
LPI
93F(8)
LSE Sch. 1A cl. 4
lump
sum entitlement Sch. 1A cl. 4
March CPI
5A(2)
medical assessment panel
5(1)
medical expenses Sch. 1A cl. 9(1)
medical practitioner 5(1)
medical report
5(1)
mesothelioma 5(1)
mine
5(1)
minimum award rate
5(1)
mining operation 5(1)
new Board
316
new information
217A(1)
new Supplementary Board
316
noise induced hearing loss 5(1)
non-FES employment 49A
normal evaluation
93N(6), 146C(3)
notifiable person
182(2)
notification day 93EC
order
72L(1)
overtime Sch. 1 cl.
11(2)
parliamentary purposes 111A(4)
participate
5(1)
partner Sch. 1A
cl. 2(1)
party 5(1)
pending arbitration proceeding
Sch. 8 cl. 1
pending Court of Appeal matter
Sch. 8 cl. 1
pending Part XII application
Sch. 8 cl. 1
pending Part XIII matter
Sch. 8 cl. 1
personal injury by accident
5(3)
Petroleum Act Sch. 6 cl. 1
physiotherapist
5(1)
place of residence
19(3)
prescribed 175E
prescribed amount
5(1), 5A(1A), Sch. 1 cl. 18A(1d)
prescribed
Commonwealth award or agreement 83(2A)
prescribed
disease 49F(1)
prescribed employment
49F(1)
prescribed family member Sch.
1A cl. 2(3)
prescribed workplace Sch. 7 cl. 1
primary power 212
principal
175(1) and (6)
proclaimed date 4(1), 316,
Sch. 5 cl. 1(1), Sch. 7 cl. 1
prohibited drug
31F(1), 93Q(8)
prohibited person 5(1), 5B(2)
qualifying period 49A
reasonable expenses referred
to in clause 17(1) Sch. 1 cl. 18A(1AA) and
18D(1A)
redemption amount
Sch. 5 cl. 1(1)
registered agent 5(1)
registered
club 11A(1)
Registrar
5(1)
relevant authority 144
relevant Commonwealth
award Sch. 1 cl. 16A(1)
relevant day
11A(1), Sch. 5 cl. 3(8)
relevant document
180(1)
relevant employment 5(1)
relevant
level 93D(1)
relevant period
93E(12)
remuneration 159
repealed Act
5(1)
representative
265(1)
response 72H(1)
response period
72H(1)
responsible officer
170(6)
retraining criteria 158(1)
return to work
5(1)
return to work program
155
rule 293(1)
rules 293(1)
Seas and Submerged Lands Act
Sch. 6 cl. 1
secondary condition
146
self-insurer 5(1)
settlement
72K(1)
ship 5(1)
special
evaluation 146C(4), 146E(2)
specialised retraining
assessment panel 5(1)
specialised retraining
program 5(1)
specialist
5(1)
specified 154A(2)
specified disease
49A
spouse Sch. 5 cl.
1(1)
State 5(1), 20(1)
State’s legislation
about damages for a work related injury 93AE
statutory expenses 182K(4)
subsequent proceeding
182ZM(1)
substantial interruption
19(3)
substantive law 93AE
supplementary amount Sch. 5 cl. 1(1)
Supreme Court
roll 5B(1)
termination day
93E(1)
territorial sea Sch. 6 cl. 1
treating medical practitioner 155
tributer
5(1)
Trust Account 5(1)
trust
moneys 72K(1)
vocational rehabilitation
5(1)
W 175AA(1)
weekly
earnings Sch. 1 cl. 11(1) and 14
weekly payments
Sch. 5 cl. 3(2)
weekly payments of compensation
5(1)
WorkCover Guides
5(1)
WorkCover WA 5(1), 314(2)
worker
5(1), 8, 9, 10, 11A(2), 93AC, Sch. 1A cl. 1
workers’ compensation cover 170(7)
working
director 10A(1)
© State of Western Australia 2023
.
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