Western Australian Numbered Acts Western Australian Numbered Acts
TABLE OF PROVISIONS
Preamble
PART 1 -- Preliminary
Division 1 -- General
1. Short title
2. Commencement
3. Act binds Crown
4. No contracting out
Division 2 -- Terms used
5. Terms used
Division 3 -- Injury and injury from employment
6. Injury
7. Exclusion of injury: reasonable administrative action
8. Injury from employment: work related attendances
9. Journeys
10. Prescribed diseases taken to be from certain employment
11. Diseases of firefighters taken to be from employment
Division 4 -- Worker and employer
12. Meaning of “worker” and “employer”
13. Prescribed workers and excluded workers
14. Labour hire arrangements
15. Jockeys
16. Working directors
PART 2 -- Compensation for injury
Division 1 -- General principles
17. Employer liable for compensation
18. Forms of compensation
19. Employment must be connected with this State
20. Compensation excluded: serious and wilful misconduct
21. Compensation excluded: certain employment on ship
22. Person not to be paid twice
Division 2 -- Claiming compensation
Subdivision 1 -- Preliminary
23. Terms used
24. Application of Division
Subdivision 2 -- Claim process
25. Making claim for compensation
26. Insured employer must give claim to insurer
27. Worker may give claim to insurer if employer defaults
28. Insurer or self-insurer to make decision on liability
29. Requirements when decision on liability deferred
30. Determination by arbitrator of question about liability for compensation
31. Claims on uninsured employers
32. Worker to provide information about other employment
33. Incapacity after claim made
34. Claiming compensation when question as to liability or apportionment between employers
35. Claiming compensation for certain diseases when more than 1 employer liable
Subdivision 3 -- Provisional payments
36. Requirement for provisional payments
37. Compensation for which provisional payments are required
38. Calculating the amount of a provisional payment
39. How and when provisional payments are to be made
40. Provisional payments of medical and health expenses compensation
41. Provisional payments of income compensation
42. Insurer required to indemnify for provisional payments
43. Status and effect of provisional payments
44. Other employer or insurer liable
Division 3 -- Income compensation
Subdivision 1 -- Preliminary
45. Terms used
Subdivision 2 -- Entitlement to income compensation
46. Entitlement to income compensation for incapacity for work
47. Obligation to pay income compensation
48. Total or partial incapacity for work
49. Worker not to be prejudiced by resuming work
50. Order that worker is taken to be totally incapacitated
51. General limit on total income compensation
52. Additional income compensation
Subdivision 3 -- Calculation of income compensation
53. Terms used
54. Worker’s pre-injury weekly rate of income
55. Amount of income compensation
56. Maximum weekly rate of income compensation
57. Minimum weekly rate of income compensation
58. Monetary value of board and lodging
59. Working directors
60. Public holidays
61. Leave while entitled to income compensation
Subdivision 4 -- Reducing, suspending and discontinuing income compensation
62. Restrictions on reduction, suspension or discontinuation of income compensation
63. Reducing or discontinuing income compensation on basis of worker’s return to work
64. Reducing or discontinuing income compensation on basis of medical evidence
65. Worker not residing in State: failure to provide declaration
66. Suspension of income compensation while worker in custody
67. Effect of suspension of income compensation payments
68. Power of arbitrator to review disputed income compensation payments
Division 4 -- Compensation for medical and health expenses
69. Terms used
70. Medical and health expenses compensation under this Division
71. Expenses that are medical and health expenses
72. Requirement that medical and health expenses be reasonable
73. Medical and health expenses order
74. Eligibility to provide compensable medical and health services
75. General limit on compensation for medical and health expenses
76. Notice to worker that 60% of general limit reached
77. Standard increase in compensation limit
78. Increase for special expenses in the medical and health expenses general limit amount
79. Assessment of degree of permanent impairment for special increase
80. Effect of participation in catastrophic injuries support scheme
Division 5 -- Compensation for miscellaneous expenses
81. Term used: miscellaneous expense
82. Compensation for reasonable miscellaneous expenses
83. Expenses that are miscellaneous expenses
84. Requirement that miscellaneous expenses be reasonable
85. First aid and emergency transport
86. Wheelchair
87. Surgical appliance or artificial limb
88. Clothing
89. Repair or replacement of artificial aids
90. Travel
91. Assessment of permanent impairment
92. Effect of participation in catastrophic injuries support scheme
Division 6 -- Compensation for workplace rehabilitation expenses
93. Compensation for workplace rehabilitation expenses
94. Workplace rehabilitation fees and charges order
95. General limit on compensation for workplace rehabilitation expenses
96. Effect of participation in catastrophic injuries support scheme
Division 7 -- Lump sum compensation for permanent impairment from personal injury by accident
97. Entitlement to lump sum permanent impairment compensation
98. Amount of permanent impairment compensation based on degree of permanent impairment
99. Worker’s degree of permanent impairment
100. Limit on permanent impairment compensation
101. Calculating permanent impairment compensation
102. Further permanent impairment from subsequent injury
103. Compensable impairment not to exceed 100%
104. Special provisions for AIDS
105. Agreement as to degree of permanent impairment
106. Determination by arbitrator when worker and employer fail to agree degree of permanent impairment
Division 8 -- Lump sum compensation for noise-induced hearing loss
107. Terms used
108. Lump sum compensation for noise-induced hearing loss
109. Minimum compensable hearing loss
110. Calculation of amount of compensation
111. Assessment and evidence of noise-induced hearing loss
112. Apportionment of NIHL compensation between employers
113. Disputes about hearing loss
114. Regulations
Division 9 -- Compensation for dust disease
Subdivision 1 -- Preliminary
115. Terms used
116. Dust disease taken to be from certain employment
117. Day on which dust disease injury is suffered
118. Dust diseases taken to be single injury
Subdivision 2 -- Compensation for dust disease
119. Entitlement to lump sum compensation for permanent impairment from dust disease
120. No entitlement to compensation until Panel determination
121. Claiming dust disease compensation
122. Compensation claims to be referred to CEO
123. Referral of claim to Panel
Subdivision 3 -- Dust Disease Medical Panels
124. Constitution of Panel
125. Panel practice and procedure
126. Panel powers
127. Determination of Panel
128. Effect of determination
129. Variation or remaking of determination
130. Remuneration and allowances of Panel members
Division 10 -- Compensation for death of worker
131. Terms used
132. Compensation only payable as provided by compensation order
133. Lump sum compensation for death resulting from injury
134. Allowance for eligible dependent children
135. Funeral and medical expenses
136. Lump sum compensation for death not resulting from injury
137. Claim for compensation under this Division
138. Claims procedure: insured employer
139. Claims procedure: self-insurer or uninsured employer
140. Determination of claim by arbitrator
141. Manner of payment: lump sum compensation
142. Manner of payment: child’s allowance
143. Effect of recovery of damages on applying trust money
144. Application procedure
145. Inconsistency with other provisions
Division 11 -- Other matters to do with compensation
146. Recovery of erroneous payments of compensation
147. Deductions from wages towards compensation not lawful
148. Recovery of cost of services provided to worker
Division 12 -- Settlement of compensation claim
149. Commuting compensation liabilities by settlement agreement
150. Lump sum compensation required to be included in settlement agreement
151. Effect on settlement of participation in catastrophic injuries support scheme
152. Applying for registration of settlement agreement
153. Settlement agreement cannot apply to common law damages
154. Scrutiny by Director of settlement agreement
155. Cancellation of registration of settlement agreement
156. Implementation of settlement agreement
157. Limit on lump sum compensation included in settlement agreement
PART 3 -- Injury management
Division 1 -- General
158. Term used: treating medical practitioner
159. Employer must establish injury management system
Division 2 -- Return to work
Subdivision 1 -- Duties of employer, insurer and worker
160. Duty of employer to establish and implement return to work program
161. Employer may be ordered to establish and implement return to work program
162. Duties of insurer
163. Duties of worker
164. Consequences of refusal or failure to comply with s. 163 duty
Subdivision 2 -- Return to work case conferences
165. Attendance at return to work case conference
Subdivision 3 -- Employment obligations relating to return to work
166. Employer must provide position during incapacity
167. Host must cooperate with labour hirer
168. Dismissal of injured worker
Division 3 -- Certificates of capacity
169. Issue of certificate of capacity
170. Treating medical practitioner
171. Employer, insurer and agent of insurer must not be present at examination or treatment
Division 4 -- Workplace rehabilitation providers
172. Approval of workplace rehabilitation providers
173. Determination of application for approval
174. Conditions of approval
175. Duration of approval
176. Suspension or cancellation of approval
177. Register of approved workplace rehabilitation providers
178. Performance monitoring and review of approved workplace rehabilitation providers
PART 4 -- Medical assessment
Division 1 -- Preliminary
179. Term used: Permanent Impairment Guidelines
Division 2 -- Medical examination of worker
180. Power to require medical examination of worker
181. Worker contravening requirement for medical examination
Division 3 -- Assessing degree of permanent impairment
182. Assessments to which Division applies
183. Method of assessment
184. Assessing degree of permanent impairment when multiple injuries arise from single event
185. Secondary conditions disregarded in certain cases
186. Assessment by approved permanent impairment assessor or Dust Disease Medical Panel
187. Permanent Impairment Guidelines
188. Requirement for injury to have stabilised
189. Asymptomatic pre-existing disease
190. Request for assessment of permanent impairment
191. Powers of approved permanent impairment assessors
192. Report on results of assessment
Division 4 -- Permanent impairment assessors
193. Approval of permanent impairment assessors
194. Conditions of approval
195. Minister may fix scale of fees and charges for permanent impairment assessment
196. Duration of approval
197. Suspension or cancellation of approval
198. Compliance audits and investigations
199. Register of approved permanent impairment assessors
PART 5 -- Insurance
Division 1 -- General
200. Terms used
201. Agency arrangements
Division 2 -- Employer obligations
Subdivision 1 -- Insurance requirements for employers
202. Requirement for employers to be insured
203. Information to be provided by employer to insurer
204. Offences
205. Evidence of non-compliance with insurance requirements
206. Defence: employment not connected with this State
207. Recovery of premiums avoided by employer
208. Liability of responsible officers of corporations
209. Records to be kept by employer
210. Insurer may recover underpaid premiums from employer
211. Recovery of costs of audit of employer
212. Certificate of currency
213. Workers compensation insurance brokers
Subdivision 2 -- Contractors and subcontractors
214. Terms used
215. Both principal and contractor taken to be employers
216. Claim or proceedings against principal
217. Indemnity
218. Effect of judgment against principal or contractor
219. Application of Subdivision to subcontractors
220. Subdivision does not extend right to damages
221. Contractor remuneration information
Subdivision 3 -- Avoidance arrangements
222. What constitutes an avoidance arrangement
223. Offence if work done under avoidance arrangement
224. Arbitrator’s determination about avoidance arrangement
225. Effect of avoidance arrangement on compensation and insurance
Division 3 -- Licensed insurers
Subdivision 1 -- Licensing of insurers
226. Offence: unlicensed insurers
227. Application for licence
228. Determination of licence application
229. Conditions of licence
230. Duration of licence
231. Suspension, cancellation or surrender of licence
232. Performance monitoring and review of insurers
233. Improvement notice to licensed insurer
234. Specialised insurers
235. Special arrangements for Insurance Commission and public authorities
Subdivision 2 -- Insurance obligations of licensed insurers
236. Obligation of licensed insurers to insure employers
237. Terms of insurance and form of policies
238. Adjustable premium policies
239. Insurer to indemnify employer for compensation payments
240. Coverage of insurance policy not limited by employer representations
241. Refusal of indemnity
242. Cancellation of insurance policy
243. Lapsing of insurance policy
244. Worker’s rights against insurer when employer cannot be proceeded against
Division 4 -- Self-insurance
Subdivision 1 -- Licensing of self-insurers
245. Application for self-insurer licence
246. Coverage of related entities by group self-insurer licence
247. Liability of holder of group self-insurer licence
248. Application of licensed insurer provisions to self-insurers
Subdivision 2 -- Self-insurer securities
249. Terms used
250. Requirement for security
251. Review and variation of required security amount
252. Calling on security
Division 5 -- Insurance premiums
253. Fixing of recommended premium rates
254. Reports as to recommended premium rates
255. Review of premium charged
Division 6 -- Default Insurance Fund
Subdivision 1 -- Establishment of Default Insurance Fund
256. Establishment of Default Insurance Fund
257. Payments to and from DI Fund
258. Payments to and from General Account
259. Advances to DI Fund
Subdivision 2 -- Contributions to DI Fund
260. Terms used
261. Required contributions by insurers and self-insurers to DI Fund
262. Arrangements for payment of contributions
263. Additional insurer contribution for unexpected claims
264. Provision of information by licensed insurers and self-insurers
Division 7 -- Uninsured employers
265. Uninsured employer
266. Payment of compensation when employer uninsured
267. Payment of damages when employer uninsured
268. Payment of compensation for dust disease or prescribed disease when insurer unknown or has ceased operation
269. Recovery of compensation or damages paid for uninsured employer
270. Setting aside certain judgments and agreements
271. Recovery of uninsured employer payment from officer of body corporate
272. Exercise by WorkCover WA of rights of uninsured employer
273. WorkCover WA’s rights of indemnity and subrogation
274. Employer’s duty to assist WorkCover WA
275. Liability of employer if employment believed to be not connected with this State
276. Payment to employer not required
Division 8 -- Insurer and self-insurer insolvency
277. Terms used
278. Claims against WorkCover WA for insolvent insurer and self-insurer liabilities
279. Payment of claims
280. Recovery by WorkCover WA of payment made in satisfaction of claims
281. Control of powers of liquidator of insurer or self-insurer
282. Payment into DI Fund of money recovered by liquidator
283. Liquidator to notify WorkCover WA of dissolution of insurer or self-insurer
284. WorkCover WA may accept final payment from liquidator
Division 9 -- Acts of terrorism
285. Terms used
286. Division does not apply to public authority covered by Insurance Commission
287. Term used: act of terrorism
288. Declaration of act of terrorism
289. Exclusion of declared act of terrorism from insurance
290. Claims for compensation in respect of declared act of terrorism
291. Limits on claims for declared acts of terrorism
292. WorkCover WA’s rights of indemnity and subrogation
Division 10 -- Special provisions for waterfront worker dust diseases if employer unknown
293. Terms used
294. Claim for compensation if last relevant employer unknown
295. Payment of claim
296. Recovery of money paid in satisfaction of claim
Division 11 -- Contributions to Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Fund
297. Terms used
298. Insurance Commission to determine required contributions to CIF
299. Calculation of required insurer contributions to CIF
300. Requirement for payment of CIF contributions by insurers and self-insurers
301. Transfer from DI Fund to CIF
302. Additional insurer contribution for unexpected liabilities
PART 6 -- Dispute resolution
Division 1 -- General
303. Terms used
304. Exclusive jurisdiction of arbitrators
305. Object of this Part
306. Relevant documents
Division 2 -- Conciliation Service and Arbitration Service
307. Establishment of Conciliation Service and Arbitration Service
308. Designation and functions of Director and Registrar
309. Designation of conciliators and arbitrators
310. Delegation by Director or Registrar
Division 3 -- Conciliation
Subdivision 1 -- Process for conciliation
311. Application for conciliation
312. Requirements for acceptance of application for conciliation
313. Director may certify dispute not suitable for conciliation
314. Allocation of dispute
315. Duties of conciliators
316. Scope of conciliation
317. Powers of conciliators
318. Finalising orders
319. Conclusion of conciliation and certificate of outcome
Subdivision 2 -- Directions for payment of compensation
320. Interim compensation directions
321. Amendment, suspension or revocation of interim compensation directions
322. Payment by insurer if employer fails to comply with interim compensation direction
323. Suspending and reducing income compensation payments
Subdivision 3 -- General provisions about conciliation directions, orders and agreements
324. Terms used
325. General provisions about conciliation decisions
326 When conciliation decision or agreement has effect
327. Correcting mistakes
328. Enforcing conciliation decisions and agreements
329. Conciliation decisions not reviewable
330. Recovery of compensation paid under conciliator direction
Division 4 -- Arbitration
Subdivision 1 -- Determination of disputes by arbitration
331. Application for arbitration
332. Requirements for acceptance of application for arbitration
333. Registrar to allocate dispute
334. Information exchange by parties
335. Duties of arbitrators
Subdivision 2 -- Arbitration practice and procedure
336. General practice and procedure
337. Relief or redress granted need not be restricted to claim
338. Directions by arbitrator
339. Dismissal of proceeding
340. Illegal contracts of employment may be treated as valid
341. Arbitrator’s powers to obtain information
342. Use of experts by arbitrators
343. Summoning witnesses
344. Arbitrator’s powers as to witnesses
345. Communication between worker and WorkCover WA employee not admissible
346. Oaths and affirmations
347. Arbitrator may authorise another person to take evidence
Subdivision 3 -- Arbitrator decisions
348. Decisions generally
349. Conditional and ancillary orders and directions
350. Form and content of decision and reasons
351. Validity of decision not affected by contravention of this Subdivision
352. When decision has effect
353. Correcting mistakes
354. Reconsideration of decision on basis of new information
355. Arbitration decision not reviewable
356. Enforcing decision
357. Publication of decision and reasons
Subdivision 4 -- Interest
358. Interest on sums to be paid
359. Interest on unpaid sums
360. Interest on unpaid amount of agreed sum
361. Regulations may exclude interest
Division 5 -- General provisions about conciliation and arbitration procedures
362. Term used: relevant rules
363. Functions conferred by this Division
364. Provision of information to another party or medical practitioner
365. Representation
366. Meaning of prohibited person: s. 365(4)
367. Litigation guardians
368. Interpreters and assistants
369. Ways of conducting proceedings
370. Proceedings to be in private
371. Notice of proceedings and failure to attend
372. Abrogation of privilege against self-incrimination
373. Legal professional privilege in relation to medical reports
374. Other claims of privilege
375. Powers in relation to documents produced
376. To whom compensation must be paid
377. Payment of compensation to worker under legal disability
378. Admissibility of statements made to conciliator
379. Statements to arbitrators not admissible in common law proceedings
Division 6 -- Regulations, rules and practice notes
380. Regulations
381. Conciliation rules
382. Arbitration rules
383. General provisions about rules
384. Practice notes
Division 7 -- Offences
385. Failure to comply with decision of dispute resolution authority
386. Failure to comply with summons or requirement to attend
387. Failure to give evidence as required
388. Giving false or misleading information
389. Misbehaviour and other conduct
390. Referral of offence to CEO
Division 8 -- Appeals to District Court
391. Appeal against arbitrator’s decision
392. Effect of appeal on decision under appeal
393. Appeal from District Court to Court of Appeal
Division 9 -- Costs
Subdivision 1 -- General
394. Terms used
395. Costs to which Division applies
396. Division prevails over Legal Profession Uniform Law (WA)
Subdivision 2 -- Determination, assessment and limitations as to costs
397. Costs to be determined by dispute resolution authority
398. Costs unreasonably incurred by representative
399. Agent’s costs
400. Appeal costs
401. Regulations for assessment of costs
Subdivision 3 -- Maximum costs
402. Costs Committee established
403. Remuneration and allowances of Costs Committee members
404. Constitution and procedure of Costs Committee
405. Determinations as to maximum costs
406. Making a costs determination
407. Approval and publication of costs determinations
408. Effect of approved costs determination
409. Limit on agreement as to costs
410. Costs in relation to actions for damages
PART 7 -- Common law
Division 1 -- General
411. Terms used
412. References to employer include person for whom employer vicariously liable
413. Liability independent of this Act not affected
414. Requirements for motor vehicle claims not affected
Division 2 -- Constraints on common law proceedings and damages: actions against employer
415. Application of Division
416. Damages to which this Division does not apply
417. Application of Division depends on when cause of action accrues
418. Limit on powers of courts to award damages against employer
419. No damages for noise-induced hearing loss
420. No damages if compensation settlement agreement registered
421. Threshold requirements for commencement of proceedings and award of damages
422. Commencement of court proceedings against employer of worker with terminal disease
423. Effect of election to retain right to seek damages on entitlement to compensation
424. Maximum damages award for less than 25% impairment
425. Special provisions for HIV and AIDS
426. Special provisions for dust disease damages claims
427. Effect of this Division on contribution required from employer
428. Limits on agreements as to solicitor-client costs
429. Regulations
Division 3 -- Prevention of double recovery
430. Application of Division
431. Worker to be given opportunity to discontinue action for damages
432. Deduction or repayment of compensation if action for damages proceeds to judgment
433. Compensation proceedings not permitted if action for damages succeeds
Division 4 -- Remedies against third parties
434. Worker entitled to proceed against third party for damages
435. Employer’s right to be indemnified by third party
436. Recovery of third party indemnity payment from worker
437. Employer’s right to recover unpaid damages from third party
Division 5 -- Choice of law
438. Terms used
439. Extended meaning: injury, employer and worker
440. Applicable substantive law for work injury claims
441. Claims to which Division applies
442. Claim in respect of death included
443. Availability of action in another State not relevant
PART 8 -- Administration
Division 1 -- General
444. Terms used
Division 2 -- WorkCover WA
445. WorkCover WA established
446. Status
447. Objective
448. Functions
449. Powers generally
450. Delegation
451. Execution of documents
Division 3 -- Administration of WorkCover WA
Subdivision 1 -- The Board
452. Board is governing body
453. Board membership
454. Term of office of appointed members
455. Casual vacancies, resignation and removal from office
456. Extension of term of office during vacancy
457. Leave of absence
458. Alternate appointed members
459. Remuneration and allowances of appointed members
Subdivision 2 -- Meetings
460. Meetings
461. Quorum
462. Presiding member
463. Procedure at meetings
464. Voting
465. Holding meetings remotely
466. Decision without meeting
467. Minutes
Subdivision 3 -- Committees
468. Committees
469. Directions to committee
470. Committee procedures
471. Remuneration and allowances of committee members
472. Disclosure of material personal interest
473. Interested member cannot participate
474. Board may resolve s. 473 is inapplicable
475. Quorum if s. 473 applies
476. Minister may declare s. 473 and 475 inapplicable
Division 4 -- Staff of WorkCover WA
477. Chief executive officer
478. Delegation by CEO
479. Other staff
480. Use of other government staff
Division 5 -- Ministerial directions
481. Minister may give directions
482. Protection for disclosure or compliance with directions
PART 9 -- Financial provisions
Division 1 -- General provisions
483. Application of Financial Management Act 2006 and Auditor General Act 2006
484. Borrowing powers
485. Guarantee by Treasurer
486. Effect of guarantee
Division 2 -- General Account
487. Terms used
488. WorkCover WA General Account established
489. Estimate of funds needed for General Account
490. Calculation of estimate
491. Required contributions by insurers and self-insurers to General Account
492. Arrangements for payment of contributions
493. Provision of information by licensed insurers and self-insurers
Division 3 -- Trust account
494. WorkCover WA Trust Account established
495. Investment of money standing to credit of Trust Account
PART 10 -- Management and disclosure of information
Division 1 -- Approved forms and electronic processes
496. Approved forms
497. Service, documents and information, including facilitation of electronic processes
Division 2 -- Disclosure of information
498. Minister to have access to information
499. Information held by Conciliation Service or Arbitration Service
500. Licensed insurers and self-insurers must provide information to WorkCover WA
501. Direction to provide WorkCover WA with information
502. Disclosure of information to work health and safety officers
503. WorkCover WA may disclose information
504. Confidentiality
505. Authorised use or disclosure of information
506. Disclosure of claim information for pre-employment screening
PART 11 -- Regulation and enforcement
Division 1 -- General
507. Term used: compliance purposes
Division 2 -- Inspectors
508. Inspectors
509. Identification of inspectors
510. Compliance inspections
511. Entry powers
512. General powers on entry
513. Persons assisting inspectors
514. Power to require auditor’s certificate
515. Power to require documents and answers to questions
516. Abrogation of privilege against self-incrimination
517. Power to copy and retain documents
518. Who can prosecute offences
519. Time limit for prosecutions
520. Application of fines
521. Offences under Acts about work health and safety not affected
522. Infringement notices and the Criminal Procedure Act 2004
523. Hindering or obstructing inspector
524. Using name WorkCover WA
525. False or misleading information
526. Fraud
527. Preventing another person from complying with Act
PART 12 -- State with which employment connected
528. Terms used
529. Connection of employment with a State
530. Determining if employment is connected with this State
531. Applying to District Court to determine connection
532. Recognition of previous determination by court
PART 13 -- Miscellaneous
533. Judicial notice
534. Protection from liability for performance of functions
535. Protection and immunity of conciliators, arbitrators and persons involved in proceedings
536. Protection for compliance with this Act
537. Protection from liability for publishing decision
538. General maximum and other adjustable amounts
539. Regulations
540. Regulations may adopt codes or legislation
541. Review of Act
PART 14 -- Savings and transitional provisions
Division 1 -- General
542. Terms used
543. Expressions used in former Act
544. Transitional regulations
545. Interpretation Act 1984 not affected
546. Act operates as continuation of former Act
547. References to former Act
548. Directions about corresponding provisions and pending matters
549. Effect of Act on validity of past acts
550. Application of Act to existing injuries and other matters
551. Pending claims under former Act
552. Pending matters exclusion of injury: reasonable administrative action
553. Firefighters
554. Jockeys
Division 2 -- Compensation
555. Continuation of entitlement to compensation
556. Calculation of income compensation commenced as weekly payments under former Act
557. Caps on compensation
558. Compensation paid or payable under former Act
559. Provisional payments of compensation
560. Vocational rehabilitation compensation
561. Lump sum compensation for permanent impairment
562. Noise-induced hearing loss
563. Compensation for death of worker before 1 July 2018
564. When entitlement to income compensation ceases due to age
565. Compensation for AIDS
566. Updating of general maximum amount
Division 3 -- Injury management
567. Return to work programs established under s. 155C of former Act
568. Employer’s obligation to make position or suitable duties available
569. Approved workplace rehabilitation providers
570. Vocational rehabilitation
Division 4 -- Dispute resolution
571. Terms used
572. Disputes to which Act applies
573. Continuity of conciliation and arbitration services
574. Conciliation rules, arbitration rules and practice notes
575. Pending dispute proceedings
576. Transitional directions
577. Dispute decisions under former Act
578. Registration of independent agents
579. Costs determination
Division 5 -- Medical assessment
580. Approved permanent impairment assessors
581. Medical assessments under former Act
Division 6 -- Insurer and self-insurer insolvency and uninsured liabilities
582. Claims for uninsured liabilities
583. Amounts payable from DI Fund for uninsured liabilities
584. Insurer and self-insurer insolvency
585. EIS Fund
586. Claims under EISF Act
Division 7 -- Settlement agreements
587. Settlement agreements under former Act
Division 8 -- Common law damages proceedings
588. Terms used
589. Application of new common law provisions to existing claims
590. Transitional arrangements for application of new common law provisions to existing claims
591. Continuation of 1993 Scheme
592. Dust disease actions accruing before 14 November 2005
Division 9 -- Insurance
593. Insurance policies under former Act
594. Failure to insure under former Act
595. Underpaid premiums
596. Operation of policies issued by Insurance Commission
597. Licensed insurers
598. Self-insurers
599. Recommended premium rates
600. Appeals by employers
601. Permission for insurer to exceed 75% premium loading
602. Acts of terrorism
Division 10 -- Administration
603. Term used: WorkCover Western Australia Authority
604. Continuation of WorkCover Western Australia Authority
605. Board is continuation of governing body
606. Exercise of powers of Board before commencement day
607. Continuation of accounts
608. Chief executive officer
609. Exercise of powers of CEO before commencement day
610. Other staff
611. Inspectors
612. Delegations
613. Guarantees of borrowings
614. General Account
PART 15 -- Repeals and consequential and related amendments
Division 1 -- Acts repealed
615. Workers’ Compensation and Injury Management Act 1981 repealed
616. Workers’ Compensation and Injury Management (Acts of Terrorism) Act 2001 repealed
617. Employers Indemnity Policies (Premium Rates) Act 1990 repealed
618. Employers’ Indemnity Supplementation Fund Act 1980 repealed
619. Waterfront Workers (Compensation for Asbestos Related Diseases) Act 1986 repealed
Division 2 -- Subsidiary legislation repealed
620. Workers’ Compensation and Injury Management Regulations 1982 repealed
621. Workers’ Compensation and Injury Management (Scales of Fees) Regulations 1998 repealed
622. Workers’ Compensation Code of Practice (Injury Management) 2005 repealed
623. Workers’ Compensation and Injury Management (Acts of Terrorism) (Final Day) Regulations 2002 repealed
Division 3 -- Acts amended
Subdivision 1 -- Civil Liability Act 2002 amended
624. Act amended
625. Section 3A amended
626. Section 13A replaced
Subdivision 2 -- Financial Management Act 2006 amended
627. Act amended
628. Schedule 1 amended
Subdivision 3 -- Fire and Emergency Services Act 1998 amended
629. Act amended
630. Section 36ZM amended
631. Section 36ZN replaced
632. Section 36ZR amended
633. Section 36ZS amended
634. Section 36ZT amended
635. Section 36ZU amended
636. Section 36ZW amended
637. Section 36ZX replaced
638. Other references to WC&IM Act replaced
Subdivision 4 -- Health Services Act 2016 amended
639. Act amended
640. Section 228 amended
Subdivision 5 -- Insurance Commission of Western Australia Act 1986 amended
641. Act amended
642. Section 6 amended
643. Section 7 amended
644. Section 15 amended
645. Section 16 amended
646. Section 18 amended
647. Section 44 deleted
648. Section 49 inserted
Subdivision 6 -- Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947 amended
649. Act amended
650. Section 6 amended
Subdivision 7 -- Law Reporting Act 1981 amended
651. Act amended
652. Section 2 amended
Subdivision 8 -- Legal Profession Uniform Law Application Act 2022 amended
653. Act amended
654. Section 134 amended
Subdivision 9 -- Limitation Act 2005 amended
655. Act amended
656. Section 55 amended
657. Section 56 amended
658. Section 57 amended
Subdivision 10 -- Local Government Act 1995 amended
659. Act amended
660. Section 5.49 replaced
Subdivision 11 -- Motor Vehicle (Catastrophic Injuries) Act 2016 amended
661. Act amended
662. Long title amended
663. Section 1 amended
664. Section 3 amended
665. Section 5A inserted
666. Section 8 amended
667. Section 9 amended
668. Section 13 amended
669. Section 14 amended
670. Section 15 amended
671. Section 18 amended
672. Section 19 amended
673. Section 22 deleted
674. Section 24 amended
675. Section 27 amended
676. Section 30A inserted
677. Section 31 replaced
Subdivision 12 -- Motor Vehicle (Third Party Insurance) Act 1943 amended
678. Act amended
679. Section 3 amended
680. Section 3C amended
681. Section 3EA amended
682. Section 3FB amended
683. Section 3G amended
684. Section 3T amended
685. Section 6A amended
Subdivision 13 -- Police Act 1892 amended
686. Act amended
687. Section 33ZS amended
688. Section 33ZW amended
689. Section 33ZX amended
690. Section 33ZY amended
691. Section 33ZZI amended
Subdivision 14 -- Police (Medical and Other Expenses for Former Officers) Act 2008 amended
692. Act amended
693. Section 3 amended
694. Section 5 amended
695. Section 7 amended
696. Section 8 replaced
697. Section 9 amended
698. Section 14 amended
Subdivision 15 -- Public Sector Management Act 1994 amended
699. Act amended
700. Schedule 2 amended
Subdivision 16 -- Sentencing Act 1995 amended
701. Act amended
702. Schedule 1 amended
Subdivision 17 -- State Superannuation (Transitional and Consequential Provisions) Act 2000 amended
703. Act amended
704. Section 74 deleted
Subdivision 18 -- Workers Compensation and Injury Management Act 2023 amended
705. Act amended
706. Section 66 amended
Subdivision 19 -- Workers’ Compensation and Injury Management Amendment Act 2011 amended
707. Act amended
708. Section 123 amended
Subdivision 20 -- Other Acts amended
709. References to Workers’ Compensation and Injury Management Act 1981 amended
Defined terms
[Assented to 24 October 2023]