Western Australian Numbered Acts Western Australian Numbered Acts (1) The regulations
may —
(a)
specify diseases for the purposes of this section (each a prescribed disease
); and
(b) for
each prescribed disease specify 1 or more kinds of employment as
prescribed employment for that disease.
(2) If a worker
suffers an injury by a prescribed disease and the employment in which the
worker works at the time of suffering the injury, or in which the worker
worked at any time before suffering the injury, is prescribed employment for
the disease, the injury is taken to be injury from that employment unless the
employer proves that the injury was not from that employment.
Note for this subsection:
Section 6
determines whether an injury by a disease is from employment. An employer can
prove that the injury was not from employment by proving that —
(a) it
was not suffered in the course of the employment; or
(b) the
employment did not contribute to a significant degree to the injury.
(3) The regulations
may —
(a)
impose conditions or limitations on the operation of this section; and
(b)
specify the day on which an injury that under this section is taken to be from
prescribed employment is taken to have been suffered.
(4) Unless the
regulations otherwise provide, this section extends to —
(a) an
injury suffered before, and employment before, the coming into operation of
the regulation by which the disease concerned is specified as a prescribed
disease; and
(b) an
injury suffered before, and employment before, this section comes into
operation.
(5) This section does
not prevent it from being established independently of this section that an
injury by a prescribed disease is from employment whether or not the
employment is prescribed employment for the disease.