Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
company director has the meaning given to the term
director in the Corporations Act 2001 (Commonwealth) section 9;
insurance information requirements means the
requirements of section 203 that apply when a company effects or renews a
workers compensation policy on the basis that a director of the company is a
worker;
working director , in relation to a company, means
a company director of the company, whether or not the director would be a
worker if this section did not apply —
(a) who
does work for or on behalf of the company; and
(b)
whose remuneration, by whatever means, as a company director of the company is
in substance for personal manual labour or services.
(2) A working director
is not a worker for the purposes of this Act except to the extent that this
section provides otherwise.
(3) A company may
apply under Part 5 for the issue or renewal of a workers compensation
policy on the basis that a working director of the company is a worker.
(4) If a company
applies under Part 5 for the issue or renewal of a workers compensation
policy on the basis that a working director of the company is a worker and the
company complies with the insurance information requirements —
(a) the
working director is a worker for the purposes of this Act; and
(b) the
company is the employer of the working director for the purposes of this Act.
(5) If the company
fails to comply with the insurance information requirements that apply after
the end or termination of the period of insurance, a working director ceases
to be a worker under subsection (4) unless and until the company provides
the insurer with the information that is required for compliance with those
requirements.
(6) If a company is a
self-insurer —
(a) a
working director of the company is a worker for the purposes of this Act; and
(b) the
company is the employer of the working director for the purposes of this Act.
(7) A working director
is not a worker for the purposes of section 267.