Western Australian Consolidated Regulations

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WORKERS' COMPENSATION (DRD) RULES 2005 


TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Commencement  
   3.      Terms used  
   4.      Transitional provisions  
   5.      Dispute resolution authority may waive requirements in a particular case  
   6.      Time  
   7.      Extension or abridgement of time  
   8.      Any arbitrator may exercise function  
   9.      Order to obey requirement of rules or order  

   PART 2 -- Filing documents  

   10.     Filing applications and other documents  
   11.     Filing by fax  
   12.     Acceptance of document  
   13.     Director may refuse to accept non-compliant documents  

   PART 3 -- Serving documents  

   14.     Party who files document must serve a copy on other parties and on insurer  
   15.     Serving documents  
   16.     Personal service  
   17.     Address for service of documents  
   18.     Fax address for service of documents  
   19.     Service of documents by fax  
   20.     Substituted service  
   21.     Certificate of service  

   PART 4 -- Representation  

   22.     Notice of representation  
   23.     Notice of change of representation  
   24.     Notice that representation has ceased  
   25.     Litigation guardian  

   PART 5 -- Applications and proceedings generally  

   26.     Making an application  
   27.     Party may discontinue proceeding  
   28.     Adjournment of proceeding  
   29.     Application for adjournment  
   30.     Late application for adjournment  
   31.     Application may be dismissed or determined if adjournment not granted  
   32A.    Interlocutory applications  
   32.     Consent orders  
   33.     Hearings to be held in private  

   PART 6 -- Interim orders and minor claims  

           Division 1 -- Interim payment order  

   34.     Documents to accompany application for interim payment order  
   35.     Service of application for interim payment order  
   36.     Submission by party or other person  
   37.     Circumstances in which an interim payment order for weekly payments is not to be made: section 232(3)(c)  
   38.     Content of interim payment order  
   39.     Revocation of interim payment order: section 237  

           Division 2 -- Interim suspension or reduction order  

   40.     Term used: Part XI application  
   41.     Application for interim suspension or reduction order  
   42.     Service of application for interim suspension or reduction order  
   43.     Submission by party or other person  
   44.     Arbitrator may consider Part XI application  
   45.     Circumstances in which an interim suspension or reduction order is not to be made: section 238(4)(b)  
   46.     Content of interim suspension or reduction order  
   47.     Revocation of interim suspension or reduction order: section 240  

           Division 3 -- Minor claims  

   48.     Material to accompany application for determination of minor claim: section 241  
   49.     Application for production of documents: section 244  
   50.     Service of application for determination of minor claim  
   51.     Submission by party or other person  
   52.     Circumstances in which an order for weekly payments is not to be made: section 241(4)(c)  
   53.     Content of order under section 241  
   54.     Order for production of documents: section 244  

   PART 7 -- Part XI proceedings  

           Division 1 -- Requirements before commencing proceeding  

   55.     Provision of documents before commencement of proceeding  

           Division 2 -- Commencing proceedings  

   56.     Application for order as to total liability or payment of additional expenses  
   57.     Employer to advise worker of insurer  
   58.     Material to be filed and served with application  
   59.     Reply to application  
   60.     Procedure where party does not reply  
   61.     Material to be filed and served with reply  
   62.     Response by applicant  
   63.     Material to be filed and served with response  
   64.     Filing of late documents  
   65.     Submission by party or other person  

           Division 3 -- Conciliation and determination of dispute  

   66.     Conciliation teleconference  
   67.     Outcome of conciliation teleconference  
   68.     Arbitrator must not interview individual parties or witnesses  
   69.     Conciliation conference  
   70.     Statement as to agreed facts and issues  
   71.     Determination by arbitrator  

           Division 4 -- Section 93D disputes  

   72.     Certain rules do not apply to section 93D disputes  
   73.     Exchange of information in relation to dispute referred but not listed before 14 November 2005  
   74.     Material to be filed by worker in dispute not referred before 14 November 2005  
   75.     Reply by employer  
   76.     Material to be filed and served with reply  
   77.     Conciliation teleconference  
   78.     Leave for late filing  

   PART 8 -- Joinder of parties  

   79.     Arbitrator may give leave to join another party  
   80.     Notice of joinder  
   81.     Reply by person joined  

   PART 9 -- Disclosure of documents and information  

   82.     Duty of disclosure  
   83.     Disclosure without order  
   84.     Orders relating to disclosure  
   85.     Request for order to produce documents (section 193)  
   86.     Continuing obligation to disclose documents  
   87.     Order under rule 84 or section 193  

   PART 10 -- Witnesses  

   88.     Summons  
   89.     Witness statements  
   90.     Medical evidence  
   91.     Medical reports  

   PART 11 -- Referral of questions of law and appeals  

   92.     Application for leave to refer question of law  
   93.     Referral of question of law by arbitrator  
   94.     Application for leave to appeal  
   95.     Reply to application  
   96.     Commissioner’s decision  
   97.     Amendment of grounds of appeal  

   PART 12 -- Costs  

   98.     Term used: costs  
   99.     Order as to costs  
   100.    Application for assessment of costs  
   101.    Expenses of approved medical specialist panel or approved specialist rehabilitation assessment panel  

   PART 13 -- Medical assessments panels and specialised retraining assessment panels  

           Division 1 -- Medical assessment panels  

   102.    Form for requirement to attend  
   103.    Time, date and place of meeting  
   104.    Notification of meeting  
   105.    Giving documents to medical assessment panel  
   106.    Objection to document being given to medical assessment panel  

           Division 2 -- Specialised retraining assessment panels  

   107.    Form for request to attend  
   108.    Time, date and place of meeting  
   109.    Notification of meeting  
   110.    Giving documents to specialised retraining assessment panel  
   111.    Objection to document being given to specialised retraining assessment panel  

   PART 14 -- Miscellaneous  

   112.    Official seal of the DRD  
   113.    Use of seal  
   114.    Form of documents  
   115.    Amendment of documents  
           Compilation table

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