Western Australian Numbered Acts Western Australian Numbered Acts (1) The regulations
may make provision for or with respect to the following —
(a) the
testing for and assessment of hearing loss in workers, including procedures
for testing and assessment and testing standards and who is responsible for
arranging, conducting or paying for assessments;
(b) the
compulsory testing and monitoring for hearing loss in workers;
(c) the
persons who are authorised for the purposes of the regulations to test for and
assess hearing loss in workers or conduct testing and monitoring of workers
for hearing loss;
(d) the
methods and equipment authorised or required to be used for the purposes of
the regulations to test for and assess hearing loss in workers or to conduct
testing and monitoring of workers for hearing loss;
(e) the
conduct of NIHL assessments, including the procedures for NIHL assessments and
who is responsible for arranging, conducting or paying for NIHL assessments;
(f) the
persons who are authorised for the purposes of the regulations to make an NIHL
assessment;
(g)
requiring a worker who claims noise-induced hearing loss compensation to
disclose to specified persons specified information relevant to the claim;
(h)
authorising WorkCover WA to disclose to specified persons information about
claims for noise-induced hearing loss compensation and the workers who have
made those claims;
(i)
claiming noise-induced hearing loss compensation;
(j) the
handling of claims for noise-induced hearing loss compensation, including
required timeframes for the making of decisions on claims and the payment of
compensation;
(k) the
apportionment of liability for noise-induced hearing loss compensation between
employers;
(l)
providing for fees payable to persons who are authorised for the purposes of
the regulations —
(i)
to test for and assess hearing loss in workers or conduct
testing and monitoring of workers for hearing loss; or
(ii)
to make an NIHL assessment;
(m) the
making and keeping of records in respect of hearing tests and assessments
conducted under the regulations and in respect of NIHL assessments;
(n)
access to and communication of the results of hearing tests and assessments
conducted under the regulations and of NIHL assessments.
(2) Without limiting
subsection (1), the regulations may make provision for or with respect to
the following in connection with the apportionment of liability for
noise-induced hearing loss compensation between employers —
(a)
prescribing a methodology for the apportionment of liability between
employers;
(b)
requiring liability to be apportioned between employers on the basis of a
determination by WorkCover WA of appropriate apportionment;
(c)
requiring a particular employer to be responsible for the claims handling
process and the payment of compensation (with an entitlement to contribution
from other employers).