Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 104

104 .         Special provisions for AIDS

        (1)         For the purposes of this Division —

            (a)         an injury that is the infection of a worker with HIV by accident arising out of or in the course of employment or while the worker is acting under the employer’s instructions is taken to be a personal injury by accident; and

            (b)         the subsequent contracting by the worker of AIDS is taken to be a permanent impairment of the worker resulting from the infection of the worker with HIV; and

            (c)         the degree of permanent impairment of the worker for AIDS resulting from the infection of the worker with HIV is taken to be 100%; and

            (d)         the infection of the worker with HIV is taken to have occurred on the day on which a medical practitioner certifies that the worker has contracted AIDS.

        (2)         The regulations may make provision for or with respect to claiming compensation for permanent impairment for AIDS.

        (3)         An arbitrator may determine a dispute as to whether —

            (a)         the worker was infected with HIV by accident arising out of or in the course of employment or while acting under the employer’s instructions; and

            (b)         the worker subsequently contracted AIDS.

        (4)         Section 105 and Part 4 Division 3 do not apply to permanent impairment compensation for AIDS.