WORKERS' COMPENSATION AND INJURY MANAGEMENT (ACTS OF TERRORISM) ACT 2001 - SECT 8
WORKERS' COMPENSATION AND INJURY MANAGEMENT (ACTS OF TERRORISM) ACT 2001 - SECT 8
8 . Participating employer’s liability to worker may be reduced
(1) If in the
circumstances it is appropriate to do so, the Minister may, by order published
in the Gazette —
(a)
state that the Minister believes that an act of terrorism has occurred,
identifying the act sufficiently to enable a person to know that the
person’s claim might be affected by the order;
(b)
specify the day on which the act of terrorism is to be treated, for the
purposes of this Act, as having occurred; and
(c)
state that, despite anything in the Workers’ Compensation and Injury
Management Act 1981 , a claim for compensation for an injury attributable to
the act identified in paragraph (a) is barred unless it is made within a
period of 90 days after the day on which the act of terrorism occurred.
(2) The day specified
under subsection (1)(b) cannot be after the final day.
(3) As soon as
practicable after the period of 90 days under subsection (1)(c) elapses,
WorkCover WA is required to determine, on the advice of an actuary —
(a) the
total amount that would, if subsection (4) did not apply, be expected to be
payable by all participating employers in respect of their liability for all
workers that is attributable to the act specified in the order; and
(b) if
that amount exceeds $25 million, the reduction factor by which that amount
would need to be multiplied to limit it to $25 million.
(4) If WorkCover WA
determines a reduction factor, an amount that a participating employer would,
if this subsection did not apply, be required to pay in satisfaction of any
liability attributable to the act specified in the order is reduced by
multiplying the amount by the reduction factor.
[Section 8 amended: No. 42 of 2004 s. 171(3)-(4)
and 174.]