WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981
Table of Provisions
PART I -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Purposes
- 4 Application of Act generally
- 5 Terms used
- 5A Prescribed amount and variation of certain amounts
- 5B Meaning of prohibited person
PART II -- Application of this Act in respect of certain persons and bodies
- 6 Local governments and other authorities
- 7 Tributers
- 8 Baptist clergymen
- 9 Anglican clergy
- 10 Other clergymen
- 10A Working directors
- 11 Contracted sporting contestants are not workers
- 11A Jockeys
- 12 Compensation not payable in some cases for injury or death before 28 Nov 1977
- 13 Act s. 11 and 12 do not affect case where compensation paid before 28 Nov 1977
- 14 Workers employed by Crown
- 16 Workers employed on some ships
- 17 Crew of fishing vessel
PART III -- Compensation
Division 1 -- Injury: general
- 18 Employers liable to pay compensation for injuries to workers
- 19 Personal injury by accident arising out of or in course of employment, meaning of
- 20 Compensation not payable unless worker’s employment connected with WA
- 21 Compensation payable from date of incapacity
- 22 Serious and wilful misconduct by worker, effect of
- 23 Person not to be compensated twice
Division 1a -- Determination by courts and recognition of determination
- 23A Term used: court
- 23B Determining if WA is connected with worker’s employment
- 23C Application to District Court to determine which State is connected with worker’s employment
- 23D Recognition of previous determinations
- 23E Determination may be made by consent
Division 2 -- Discontinued regime for lump sum payments for specified injuries
- 24 Injuries in Sch. 2 occurring before 14 Nov 2005, worker may elect to get lump sum for
- 24A Noise induced hearing loss, worker may elect to get lump sum for in some cases
- 24B Election under s. 24 or 24A
25. Term used: loss of
- 26 Further loss of use of part or faculty of body due to subsequent injury, compensation for
- 27 Compensation decisions etc. made before 18 May 1978, on basis of Sch. 2, effect of
- 28 Limit on compensation for worker electing under s. 24B
29. Effect of s. 24 and 24A on compensation for incapacity
- 30 Compensation payable before election under s. 24B
31. Sch. 2 Part 1, interpretation of
Division 2A -- New regime for lump sum payments for specified injuries
- 31A Application of Division
- 31B Term used: degree of permanent impairment
- 31C Permanent impairments in Sch. 2, worker may elect to get lump sum for
- 31D Permanent impairments in Sch. 2, assessment of degree of
- 31E Noise induced hearing loss, worker may elect to get lump sum for in some cases
- 31F AIDS, compensation for
- 31G Further loss of use of part or faculty of body due to subsequent injury, compensation for
- 31H Election under s. 31C or 31E
31I. Effect of election under s. 31H
31J. Limit on compensation for worker electing under s. 31H
31K. Compensation payable before election under s. 31H
Division 3 -- Injury: specified industrial diseases
- 32 Some industrial diseases in Sch. 3, compensation for
- 33 Pneumoconiosis, mesothelioma, lung cancer or diffuse pleural fibrosis
- 34 Chronic bronchitis and pneumoconiosis, limit on compensation for
- 35 Lung cancer and asbestosis, limit on compensation for
- 36 Claim under s. 33 or 34, referring worker to medical panel
- 37 Oral submission to medical panel by medical practitioner
- 38 Questions to be determined by medical panel
- 39 Tuberculosis and pneumoconiosis, compensation for
- 40 Death without prior incapacity, effect of for this Division
- 41 Last employer liable but may join others
- 42 How compensation calculated
- 43 Employer to whom notice to be given
- 44 Diseases in Sch. 3 deemed due to employment in process in Sch.
- 45 Additions to Sch.
- 46 Compensation limited to prescribed amount
- 48 Sch. 3 diseases to be notified by employer etc.
Division 4A -- Injury: specified diseases contracted by firefighters
- 49A Terms used
- 49B Application of Division
- 49C When firefighting employment taken to contribute to specified disease
- 49D Date of injury
- 49E Review of Division
Division 4B -- Injury: prescribed diseases
- 49F Prescribed diseases taken to be from certain employment
- 49G Division 3 does not apply if s. 49F(3) applies
Division 4 -- Injury: specified losses of functions
- 49 Loss of function in Sch. 4, when injury occurs as a result of
- 51 Last employer liable but may join others
- 52 How compensation calculated
- 53 Employer to whom notice given
- 54 Loss of function in Sch. 4 deemed due to employment in process in Sch.
- 55 Additions to Sch.
Division 5 -- Commencement, review, suspension, and cessation of payments
- 56 When entitlement to weekly payments ceases due to age
- 57 Effect of s. 56 on Sch. 2 and expenses
- 57A Claims procedure where employer insured
- 57B Claims procedure where employer is self-insured or uninsured
- 57BA Notices under s. 57A and 57B, form and content of
- 57C Weekly payments, WorkCover WA to be notified about
- 57D Confidentiality of information given under s. 57C
58. Liability for weekly payments, arbitrator may determine
- 59 Workers who claim compensation to notify employers as to remunerated work
- 60 Discontinuing or reducing weekly payments, order as to
- 61 Discontinuing or reducing weekly payments without order
- 62 Reviewing and discontinuing, suspending or changing weekly payments
- 63 No compensation if right to compensation suspended
- 64 Medical examination, worker claiming injury may be required to attend
- 65 Periodical medical examination, workers on weekly payments may be required to attend
- 66 Regulations as to medical examinations
- 66A Additional medical examinations
- 67 Lump sum in redemption of weekly payments
- 68 Calculation of lump sum for s. 67(4)
69. Worker not residing in WA, continuance of weekly payments to
- 70 Medical reports, provision of to worker or employer
- 71 Payments to unentitled person, recovery of
- 72 Suspending entitlement while worker in prison
- 72A Suspending etc. entitlement for not undergoing medical examination
- 72B Suspending etc. entitlement for not participating in return to work program
Division 5A -- Claims by dependants and others for compensation
- 72C Terms used
- 72D Application of this Division
- 72E Claims for compensation for dependants and others
- 72F Claims procedure where employer insured
- 72G Claims procedure where employer is self-insured or uninsured
- 72H Resolution of claim
- 72I Manner of payment of lump sum compensation
- 72J Manner of payment of child’s allowance
- 72K Effect of recovery of damages on moneys held in Trust Account
- 72L Application of Part XI to matters under this Division
Division 6 -- Disputes between employers
- 73 Worker entitled but dispute between employers
- 74 Worker entitled but dispute between insurers
- 74A No apportionment under s. 73 or 74 for injuries before 8 Mar 1991
- 75 Obligation to make weekly payments preserved
Division 7 -- Agreements
- 76 Agreement as to compensation etc., registration and effect of memorandum of
- 77 Agreements unenforceable unless registered under s.
- 78 Effect of non-registration of agreement
Division 8 -- Other matters affecting compensation
- 79 Wilful and false representation by worker
- 80 Effect of leave entitlements; effect on sick leave
- 81 Effect on public holidays pay
- 82 Services rendered to worker for which employer liable, payment for
- 83 Partially incapacitated workers, employment of
- 84 Worker not to be prejudiced by resuming work
- 84AA Employer to keep position available during worker’s incapacity
- 84AB Employer to notify worker and WorkCover WA of intention to dismiss worker
PART IV -- Civil proceedings in addition to or independent of this Act
Division 1 -- General
- 85 Motor vehicle cases not affected by this Part
- 86 Liability independent of this Act not affected by this PART
- 87 Solicitor-client costs, limits on agreements as to
- 91 Court’s duties where action for damages unsuccessful but workers’ compensation is payable
- 92 Both damages and workers’ compensation not recoverable
- 93 Remedies against non-employers
Division 1a -- Choice of law
- 93AA Applicable substantive law for work injury claims
- 93AB Claims to which Division applies
- 93AC Terms used
- 93AD Claim in respect of death included
- 93AE Terms used
- 93AF Availability of action in another State not relevant
Division 2 -- Constraints on awards of common law damages
Subdivision 1 -- Preliminary provisions
- 93A Term used: damages
- 93B Application of this Division
- 93C Limit on powers of courts to award damages
Subdivision 2 -- 1993 scheme
- 93CA Term used: AMA Guides
- 93CB Limits on application of this Subdivision
- 93CC Application of this Subdivision
- 93D Degree of disability, assessing
- 93E Constraints on awards and paying compensation
- 93EA Questions as to degree of disability, referral of to Director in some cases due to new evidence
- 93EB Questions as to degree of disability, referral of to Director in some other cases
- 93EC Time for commencing action for damages extended in some cases
- 93F Degree of disability less than 30%, constraints on awards
- 93G Regulations for this Subdivision
Subdivision 3 -- 2004 scheme
- 93H Terms used
- 93I Application of this Subdivision
- 93J No damages for noise induced hearing loss if not an injury
- 93K Constraints on awards
- 93L Election under s. 93K to retain right to seek damages
- 93N Special evaluation if worker’s condition has not stabilised sufficiently
- 93P Election under s. 93K, effect of on compensation
- 93Q HIV and AIDS, special provisions about
- 93R Some lung diseases, special provisions about
- 93S Regulations for this Subdivision
Subdivision 4 -- Savings and transitional arrangements arising from Workers’ Compensation and Injury Management Amendment (COVID-19 Response) Act 2020
- 93T Transitional arrangements for termination day
PART V -- WorkCover Western Australia Authority
Division 1 -- Constitution, purposes, and powers
- 94 WorkCover Western Australia Authority, nature of etc.
- 95 Governing body of WorkCover WA
- 96 Term of office of governing body’s nominee members
- 97 Meetings
- 98 Vacancies etc. not to invalidate proceedings
- 99 Conditions of appointment
- 100 Functions
- 100A Advisory committees
- 100B Disclosing information to work health and safety department
- 101 Powers
- 101AA Delegation by WorkCover WA
- 101A Borrowing powers
- 101B Guarantees by Treasurer of borrowings
- 102 Limitation on powers under s. 100(e)
103A. Insurers etc. to give WorkCover WA information
- 104 Publishing and furnishing information
Division 1AA -- Personal interest
Division 2 -- Accounts and audit
Division 3 -- Workers’ Compensation and Injury Management General Account
- 106 General Account, funds and purposes of
- 107 Estimates of funds needed for General Account
- 108 Levied contributions to General Account, amount of
- 109 Insurers to contribute to General Account
Division 4 -- Workers’ Compensation and Injury Management Trust Account
- 110 Trust Account, funds and purposes of
Division 5 -- Ministerial control
- 111 Minister may give WorkCover WA directions
- 111A Minister to have access to information
PART VII -- Medical assessment and assessment for specialised retraining programs
Division 1 -- Medical assessment panels
- 144 Term used: relevant authority
- 145 Excluded jurisdiction of panels
- 145A Questions that may be referred to panels
- 145B Register of eligible members of panels
- 145C Constituting panels
- 145D Procedure and powers of panels
- 145E Determinations
- 145F Reconsidering determinations
- 145G Remuneration
Division 2 -- Assessing degree of impairment
- 146 Terms used
- 146A Evaluating degree of impairment generally
- 146B Evaluating degree of impairment for Part III Div. 2A
- 146C Evaluating degree of impairment for Part IV Div. 2 Subdiv.
- 146D Evaluating degree of impairment for Part IXA
- 146E Evaluating degree of impairment for cl. 18A
- 146F Approved medical specialists, designation of
- 146G Approved medical specialist, powers of
- 146H Approved medical specialist, duties of after making assessment
- 146I WorkCover WA may give approved medical specialist information about worker
- 146J Decisions of approved medical specialist not reviewable
Division 3 -- Approved medical specialist panels
- 146K Constituting panels
- 146L Procedure and powers of panels
- 146M Failure to comply with requirement of panel
- 146N How panel to assess degree of impairment
- 146O Duties of panel after making assessment
- 146P No assessment without unanimous agreement
- 146Q Remuneration
Division 4 -- WorkCover Guides
- 146R WorkCover Guides, issue of
Division 5 -- Assessment for specialised retraining programs
- 146S Register of eligible members of specialised retraining assessment panels
- 146T Specialised retraining assessment panel, constituting
- 146U Procedure and powers of panels
- 146V Assessments by panels
- 146W Remuneration
PART VIII -- Premium rates
- 151 Premium rates for insurance, fixing of
- 151A Report as to premium rates
- 152 Loading not to exceed 75% unless WorkCover WA permits
- 153 Setting maximum loading or discount
- 153A Minimum premiums
- 154 Appeals by employers
- 154A Regulations as to insurers informing employers
- 154AB Minister may give directions as to fixing premium rates
- 154AC Regulations for subsidy from Supplementation Fund
PART IX -- Injury management
- 155 Terms used
- 155A Code of practice (injury management)
- 155B Injury management system, employers’ duties as to
- 155C Return to work programs, employers’ duties as to
- 155D Insurers’ duties
- 155E Return to work programs, WorkCover WA’s powers as to
- 156 Vocational rehabilitation providers, approval of
- 156A Vocational rehabilitation providers, information as to and fees of
- 156B Arbitrators’ powers as to return to work programs
- 157 Information about injury management
- 157B Mediation and assistance
PART IXA -- Specialised retraining programs
- 158 Terms used
- 158A Eligibility to participate in programs
- 158B Final day for recording agreed matters, referring disputed matters for determination
- 158C Degree of permanent whole of person impairment, disputes as to
- 158D Retraining criteria, disputes as to
- 158E Agreements as to programs
- 158F Programs, directions as to payments for etc.
- 158G Directions given under s. 158F or 158I, duties of employers and insurers as to
- 158H Reviews of programs
- 158I WorkCover WA may direct modification etc. of programs
- 158J When payments for programs cease
- 158K Directions not open to challenge etc.
- 158L Other effects of participating in program
PART X -- Insurance
Division 1 -- Liability of employers and insurers
- 159 Terms used
- 160 Employers’ duty to be insured etc.; insurers’ duties
- 160A Insurance in respect of working directors
- 161A Incorporated insurance offices not to issue or renew policies unless approved under s.
- 161 Incorporated insurance offices, approval of
- 162 Insurance Commission of Western Australia sole insurer as to some industrial diseases
- 163 Industrial disease premiums, payment of etc.
- 164 Exempting employers from duty to insure
- 165 Review of s. 164 exemptions
- 166 Cancelling s. 164 exemptions due to breach of law
- 167 Effect of cessation of s. 164 exemption
- 168 Revoking s. 164 exemptions on employers’ request
- 169 Terms of insurance and form of policies
- 170 Failure to insure
- 170A Liability of officers for offence by body corporate
- 171 Insurance offices to give information to WorkCover WA
- 172 WorkCover WA may recover underpaid premiums from employers
- 173 Worker’s rights against insurer when employer ceases to exist etc.
- 174 Payment to worker from General Account
- 174AAA Setting aside certain judgments and agreements
- 174AA Recovering s. 174 payments from officers of body corporate
- 174AB WorkCover WA may exercise rights of employer in some cases
- 174AC WorkCover WA’s rights of indemnity and subrogation
- 174AD Employer’s duty to assist WorkCover WA
- 174A Insurer may not refuse to indemnify in some cases
Division 2 -- Insurance by principals, contractors, and sub-contractors
- 175 When principal, contractor and sub-contractor deemed employers
- 175AA Certain persons deemed workers
Division 3 -- Inspectors
- 175A Authorising etc. inspectors; oath etc. by inspectors
- 175B Powers
- 175C Interpreters
- 175D Offences
PART XA -- Infringement notices and modified penalties
- 175E Terms used
- 175F Authorised officers, designation of etc.
- 175G Infringement notices, giving of
- 175H Infringement notices, content of
- 175I Extending time for paying modified penalty
- 175J Withdrawing infringement notices
- 175K Benefit of paying modified penalty
- 175L No admission implied by payment
- 175M Application of penalties collected
PART XI -- Dispute resolution
Division 1 -- General
- 176 Exclusive jurisdiction of arbitrators
- 177 Object of this Part
Division 2 -- Requirements before commencing proceeding
- 178 Notice of injury, and claim for compensation, requirements for
- 179 Notice of injury, service of
- 180 Relevant documents to be provided by parties
Division 3 -- Conciliation
Subdivision 1 -- Workers’ Compensation Conciliation Service
- 181 Workers’ Compensation Conciliation Service established
- 182A Director, Conciliation, designation and functions of
- 182B Conciliation officers, designation of etc.
- 182C Provisions about designations
- 182D Delegation by Director
Subdivision 2 -- Resolution of disputes by conciliation
- 182E Application for conciliation
- 182F Acceptance of application by Director
- 182G Director to allocate dispute
- 182H Director may certify dispute is not suitable for conciliation
- 182I Duties of conciliation officers
- 182J Powers of conciliation officers
- 182K Weekly payments etc., conciliation officers may direct etc.
- 182L Suspending and reducing weekly payments, conciliation officers’ powers for etc.
- 182M Provisions about directions
- 182N Finalising orders
- 182O Conclusion of conciliation and certificate of outcome
Subdivision 3 -- Practice and procedure
- 182P Obtaining information
- 182Q Scope of conciliation
- 182R Conciliation officer may provide information to another party or a medical practitioner
- 182S Representation
- 182T Litigation guardians, rules about
- 182U Interpreters and assistants
- 182V Ways of conducting conciliation
- 182W Conciliation to be in private
- 182X Meetings and conferences, notice of and failure to attend
- 182Y Privilege against self-incrimination
- 182ZA Legal professional privilege in relation to medical reports
- 182ZB Other claims of privilege
- 182ZC Documents produced, use of etc. by conciliation officer
- 182ZD Medical dispute may be referred to medical assessment panel
Subdivision 4 -- General provisions about directions, orders and conciliation agreements
- 182ZE Terms used
- 182ZF When decision or conciliation agreement has effect
- 182ZG Correcting mistakes
- 182ZH Enforcing decisions and conciliation agreements
- 182ZI Conciliation decisions not reviewable
- 182ZJ Provisions about revoked directions
- 182ZK Recovery of payments made under s. 182K direction
- 182ZL Director may order insurer to make payment directed under s. 182K
Subdivision 5 -- Miscellaneous
- 182ZM Statement made to conciliation officer not admissible in subsequent proceedings
- 182ZN To whom compensation is to be paid
Division 4 -- Arbitration
Subdivision 1 -- Workers’ Compensation Arbitration Service
- 182ZO Workers’ Compensation Arbitration Service established
- 182ZP Registrar, Arbitration, designation and functions of
- 182ZQ Arbitrators, designation of etc.
- 182ZR Provisions about designations
- 182ZS Delegation by Registrar
Subdivision 2 -- Determination of disputes by arbitration
- 182ZT Application for arbitration
- 182ZU Acceptance of application by Registrar
- 182ZV Registrar to allocate dispute
- 182 Who is to be given a copy of an application
- 183 Information exchange by parties
- 185 Duties of arbitrators
Subdivision 3 -- Practice and procedure
- 188 Practice and procedure, generally
- 189 Relief or redress granted need not be restricted to claim
- 190 Directions by arbitrator
- 191 Dependants of workers, proof as to
- 192 Illegal contracts of employment may be treated as valid
- 193 Arbitrator’s powers to obtain information
- 194 Arbitrator may give information etc. to and restrict disclosure by other party or medical practitioner
- 195 Representation
- 196 Litigation guardians, rules about
- 197 Interpreters and assistants
- 198 Ways of conducting arbitration proceedings
- 199 Hearings to be in private
- 200 Hearings, notice of and failure to attend
- 201 Experts, use of by arbitrators
- 202 Summoning witnesses
- 203 Arbitrator’s powers as to witnesses
- 204A Communication between worker and WorkCover WA employee not admissible
- 204 Privilege against self-incrimination
- 205 Legal professional privilege in relation to medical reports
- 206 Other claims of privilege
- 207 Oaths and affirmations
- 208 Arbitrator may authorise another to take evidence
- 209 Things produced, use of etc. by arbitrator
- 210 Medical dispute may be referred to medical assessment panel
Subdivision 4 -- Decisions
- 211 Decisions generally
- 212 Conditional and ancillary orders and directions
- 213 Decisions and reasons, form and content of
- 214 Validity of decision not affected by contravention of this Subdivision
- 215 When decision has effect
- 216 Correcting mistakes
- 217A Arbitrator may reconsider decision if new information
- 217B Arbitration decisions not reviewable
- 217 Order as to total liability of employer
- 218 Payment of compensation to person under legal disability
- 219 Enforcing decisions
Subdivision 5 -- Miscellaneous
- 220 Statements to arbitrators not admissible in common law proceedings
- 221 To whom compensation is to be paid
- 222 Interest on sums to be paid
- 223 Interest on unpaid sums
- 224 Interest on unpaid amount of agreed sum
- 225 Regulations may exclude interest
PART XIII -- Appeals to District Court
- 247 Appeal against arbitrator’s decision made under PART XI
- 250 Effect of appeal on decision under appeal
- 254 Appeal from District Court to Court of Appeal
PART XIV -- Offences
- 255 Failing to comply with decision of dispute resolution authority
- 256 Failing to comply with summons or requirement to attend
- 257 Failing to give evidence as required
- 258 Giving false or misleading information
- 259 Misbehaviour and other conduct
PART XV -- Costs
Division 1 -- General
- 261 Terms used
- 262 Costs to which this Part applies
- 263 This Part prevails over Legal Profession Uniform Law (WA)
Division 2 -- Costs of parties in proceedings and costs of proceedings
- 264 Costs to be determined by dispute resolution authority
- 265 Costs unreasonably incurred by representative
- 266 Agent’s costs
- 267 Appeal costs
- 268 Regulations for assessment of costs
Division 3 -- Maximum costs
- 269 Costs Committee, membership of
- 270A Remuneration of Committee members
- 270 Constitution and procedure of Costs Committee
- 271 Determinations as to maximum costs
- 272 Making determinations
- 273 Approval and publication of determinations
- 274 Effect of costs determinations
- 275 Agreement as to costs, limits on
- 276 Division does not affect s. 87 in relation to Part IV actions
PART XVI -- Registered agents
- 277 Registration of agents
PART XVIII -- Regulations, rules and practice notes
PART XIX -- Miscellaneous
- 295 WorkCover WA’s staff etc.
- 296 Delegation by chief executive officer
- 297 Agreements and receipts under this Act exempt from duty
- 298 Ships, detention of
- 299 Judicial notice
- 300 District Court to give information to WorkCover WA
- 301 Contracting out prohibited
- 302 Deductions from wages towards compensation not lawful
- 303 Compensation payments not assignable
- 303A Making employment conditional on avoidance arrangement
- 304 Protection from personal liability
- 305 Immunity of conciliation officers, arbitrators etc.
- 306 Protection for compliance with this Act
- 307 Protection from liability for publishing decisions etc. of dispute resolution authority
- 308 Fraud
- 309 Who can prosecute offences
- 310 Time limit for prosecutions
- 311 General penalty
- 312 Fines, application of
- 313 Offences under Acts about workplace safety not affected
- 314 WorkCover WA may specify form of sending information
- 314A Facilitating electronic processes
- 314B Review of Act
PART XX -- Repeal, savings, and transitional
- 316 Terms used
- 317 Repeal
- 318 Interpretation Act 1918, application of
- 319 Act does not renew liability or entitlement
- 320 Moneys paid under repealed Act taken into account
- 321 Compensation for Sch. 2 injuries
- 322 Child’s allowance
- 323 Continuation of office holders, agreements etc.
- 324 References to Board, Supplementary Board or officers
- 325 Transitional provisions (Sch. 8)