Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 200

200 .         Terms used

                In this Part —

        damages  —

            (a)         means —

                  (i)         damages due or payable to, or claimed by, a worker for an injury caused to that worker by the tort of the worker’s employer or the tort of any person for whose conduct the worker’s employer is vicariously liable; or

                  (ii)         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

                  (iii)         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; or

                  (iv)         the amount of any contribution or indemnity due or payable to, or claimed by, a concurrent tortfeasor under the Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947 in respect of an injury to, or the death of, a worker;

                but

            (b)         does not include damages in respect of a liability imposed by contract that would not arise as a coordinate liability in tort;

        deemed worker , in relation to an employer, means —

            (a)         a worker of whom the employer would not be the employer but for being taken to be the employer by section 215; or

            (b)         a person to whom the employer would be liable to pay compensation under Division 2 Subdivision 3 as a person who does work for the employer under an avoidance arrangement as provided by that Subdivision; or

            (c)         if the employer is Racing and Wagering Western Australia — a person of whom Racing and Wagering Western Australia would not be the employer but for section 15;

        group self-insurer licence means a self-insurer licence granted on terms that extend the licence to 1 or more specified related entities of the holder of the licence, as provided for by section 246(2);

        industry classification means an industry classification in accordance with an industry classification order under section 253;

        insurable damages means damages in respect of which an employer is required by section 202 to insure;

        insurer licence means a licence under Division 3 Subdivision 1;

        licensed insurer means the holder of an insurer licence;

        remuneration means any payment in money or money’s worth paid to or for the benefit of a worker that is prescribed by the regulations as remuneration for the purposes of this Part;

        self-insurer means —

            (a)         the holder of a self-insurer licence; and

            (b)         a related entity, as defined in section 246(1), to which a group self-insurer licence extends;

        self-insurer liability , of an employer, means a liability of the employer in respect of an injury to or the death of a worker that is a liability in respect of employment when the employer was a self-insurer and that is a liability in respect of which the employer would have been required to hold a workers compensation policy had the employer not been a self-insurer;

        self-insurer licence means a licence under Division 4 Subdivision 1;

        specialised insurer means a licensed insurer whose insurer licence is subject to a specialised insurer condition under section 234(1);

        tort means negligence or other tort (including breach of statutory duty).