Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
damages means —
(a)
damages due or payable to, or claimed by, a dependant of a deceased worker
under the Fatal Accidents Act 1959 for an injury causing the death of the
worker; or
(b)
damages due or payable to, or claimed on behalf of, the estate of a deceased
worker under the Law Reform (Miscellaneous Provisions) Act 1941 for an
injury causing the death of the worker;
judgment includes an acceptance of an offer to
consent to judgment;
settlement includes —
(a) a
settlement by acceptance of an offer of compromise; and
(b) a
memorandum of the terms of a settlement that has been filed under
section 433(3);
trust money , of a dependant, means money credited
to the Trust Account under section 494(2)(b) in respect of the dependant.
(2) Despite anything
in this Act, in paying or otherwise applying or dealing with trust money of a
dependant WorkCover WA must have regard to, and take into account, any
judgment or settlement under which damages are payable to the dependant.
(3) Without limiting
subsection (2), a judgment in or settlement of an action for damages may
include a direction to WorkCover WA as to how trust money of a dependant
must be paid or otherwise applied or dealt with and WorkCover WA must
give effect to the direction.
(4) Notice must be
given to WorkCover WA in the approved form by or on behalf of the
claimant if —
(a) an
action for damages is commenced; or
(b)
judgment is given or settlement takes place in an action for damages.