Western Australian Numbered Acts

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WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 206

206 .         Defence: employment not connected with this State

        (1)         It is a defence to a prosecution for an offence of failing to comply with a requirement of section 202 or  203 in respect of a worker if the court is satisfied that at the time of the alleged offence the employer believed on reasonable grounds that the worker’s employment was not connected with this State.

        Note for this subsection:

                Section 529 provides for the State with which a worker’s employment is connected.

        (2)         If the employer’s belief on reasonable grounds was that the worker’s employment was connected with another State, the defence under subsection (1) does not apply unless at the time of the alleged offence the employer had workers compensation cover in respect of the worker under the law of that other State.

        (3)         An employer is considered to have workers compensation cover under the law of a State if the employer has insurance or registration under the law of the State in respect of liability for statutory workers compensation under that law.



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