Western Australian Numbered Acts Western Australian Numbered Acts After Part III
Division 4A insert:
Division 4B — Injury: prescribed diseases
49F. Prescribed diseases taken to be from certain
employment
(1) The regulations
may —
(a)
specify diseases for the purposes of this section (each a prescribed disease
);
(b) for
each prescribed disease specify 1 or more kinds of employment as prescribed
employment for that disease.
(2) The regulations
cannot specify a disease to which section 33 or 34 applies.
(3) Subject to the
regulations under subsection (4), if a worker suffers an injury by
contracting a prescribed disease and the worker is working in prescribed
employment when the worker suffers the injury or worked in prescribed
employment at any time before suffering the injury, the prescribed employment
is, for the purposes of this Act, taken to have been a contributing factor and
to have contributed to a significant degree to the prescribed disease, unless
the employer proves the contrary.
(4) The regulations
may —
(a)
impose conditions or limitations on the operation of subsection (3); and
(b)
specify the day on which subsection (3) applies to a worker or class of
worker in relation to a prescribed disease; and
(c)
specify the day on which an injury by contracting a prescribed disease that
under subsection (3) is taken to be from prescribed employment is taken
to have been suffered.
(5) A day specified
for the purposes of subsection (4)(b) or (c) may be —
(a) a
day before or after the coming into operation of the Workers’
Compensation and Injury Management Amendment (COVID-19 Response) Act 2020
section 6; or
(b) a
day before or after the relevant disease is specified as a prescribed disease
by the regulations.
(6) This section does
not prevent it from being established independently of this section that an
injury contracted by a prescribed disease is an injury under this Act whether
or not the worker was working in prescribed employment.
49G. Division 3 does not apply if
s. 49F(3) applies
If section 49F(3)
applies to a worker in relation to a disease and employment, Division 3
does not apply to the worker in relation to the same disease and employment.