Western Australian Numbered Acts

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WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 215

215 .         Both principal and contractor taken to be employers

        (1)         If a worker suffers an injury from employment with a contractor that is relevant employment as provided by subsection (2) —

            (a)         both the principal and the contractor are, for the purposes of this Act, taken to be employers of the worker; and

            (b)         both the principal and the contractor are jointly and severally liable to pay any compensation that the contractor would be liable to pay under this Act if the contractor were the sole employer.

        (2)         Employment with a contractor from which a worker suffers an injury is relevant employment if —

            (a)         the employment is in performance of any work by or under the contractor; and

            (b)         the work on which the worker is employed is directly a part of or process in the trade or business of the principal; and

            (c)         the injury arises in respect of premises on which the principal has undertaken to do the work or that are otherwise under the control or management of the principal.

        (3)         The principal is jointly and severally liable under this section in respect of compensation payable to a worker irrespective of whether any award of compensation is made against both the principal and the contractor or only against the contractor.

        (4)         The right of recovery of WorkCover WA under Division 7 against an employer who is uninsured in respect of a liability to a worker extends to recovery against a principal who is uninsured in respect of the joint and several liability of the principal to the worker under this section.

        (5)         The principal must be joined as a party to proceedings before an arbitrator in respect of compensation for which the principal is jointly and severally liable under this section.



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