Western Australian Numbered Acts

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WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 191

191 .         Powers of approved permanent impairment assessors

        (1)         An approved permanent impairment assessor (the assessor ) conducting an assessment of a worker’s degree of permanent impairment may —

            (a)         in accordance with the regulations, require the worker to attend at a place specified by the assessor; and

            (b)         in accordance with the regulations, require the worker to produce any relevant document or provide any relevant information to the assessor; and

            (c)         in accordance with the regulations, require the worker to consent to another person who has any relevant document or information producing the document or providing the information to the assessor; and

            (d)         require the worker to undergo specified medical tests and assessments and provide the assessor with results and reports from those tests and assessments; and

            (e)         require the worker to answer any question about the injury; and

            (f)         require the worker to submit to examination by, or as requested by, the assessor.

        (2)         The assessor may, in accordance with the regulations, require the employer or the employer’s insurer to —

            (a)         produce any relevant document or provide any relevant information to the assessor; and

            (b)         consent to another person who has any relevant document or information producing the document or providing the information to the assessor.

        (3)         An employer or insurer who fails to comply with a requirement imposed by an assessor under this section commits an offence.

        Penalty for this subsection: a fine of $5 000.

        (4)         If a worker fails to comply with a requirement imposed by an assessor under this section, the assessor may defer making the assessment of the worker’s degree of permanent impairment until the worker complies with the requirement.

        (5)         Regulations may be made for or with respect to the period within which a requirement imposed by an assessor under this section must be complied with if the period for complying is not specified in the requirement.

        (6)         WorkCover WA may disclose to the assessor any information that WorkCover WA has in relation to the worker that may be relevant to the assessment of the worker’s degree of permanent impairment.

        (7)         An assessment is not to be vitiated because of any informality or want of form.



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