Western Australian Numbered Acts Western Australian Numbered Acts (1) Within
14 days after a claim is given to an insurer or self-insurer, the insurer
or self-insurer must give the worker and an insured employer a liability
decision notice for the claim.
Note for this subsection:
If the claim is in
respect of a dust disease, the time within which a liability decision notice
must be given is 14 days after the insurer or self-insurer is notified of
the determination of a Dust Disease Medical Panel in respect of the claim
(instead of within 14 days after the claim is given to the insurer or
self-insurer). See section 121.
(2) A liability
decision notice is a notice in the approved form stating that —
(a) the
insurer or self-insurer accepts that the employer is liable to compensate the
worker for the injury to which the claim relates; or
(b) the
insurer or self-insurer accepts that the employer is or may be liable to
compensate the worker for the injury to which the claim relates but there are
1 or more liability questions (as defined in section 34(2)) in relation
to the acceptance; or
(c) the
insurer or self-insurer does not accept that the employer is liable to
compensate the worker for the injury to which the claim relates.
Note for this subsection:
Sections 30
and 34 provide for the determination by an arbitrator of the liability
of an employer for compensation to which a liability decision notice relates.
(3) In the case of an
incapacity claim, the liability decision notice must also state whether or not
the insurer or self-insurer accepts that the employer is liable to pay income
compensation for incapacity for work.
Note for this subsection:
Division 3
provides for income compensation.
(4) A liability
decision notice need not be given if a decision on liability cannot be made
and the insurer or self-insurer instead gives the worker and the insured
employer, within 14 days after the claim is given to the insurer or
self-insurer, a notice (a deferred decision notice ) in the approved form
stating that a decision on liability has been deferred.
(5) An insurer or
self-insurer who fails to give a liability decision notice or deferred
decision notice as and when required by this section commits an offence.
Penalty for this subsection: a fine of
$5 000.
(6) If an insurer or
self-insurer fails to give a liability decision notice or deferred decision
notice as and when required by this section —
(a) the
insurer or self-insurer is taken to have accepted that the employer is liable
to compensate the worker for the injury to which the claim relates; and
(b) in
the case of an incapacity claim — the insurer or self-insurer is
taken to have accepted that the employer is liable to pay income compensation
for incapacity for work.
Note for this subsection:
The employer’s
obligation to pay income compensation to the worker arises when the insurer or
self-insurer is taken to have accepted liability to compensate the worker and
the compensation for which the employer is liable includes income
compensation. See section 47.
(7) A reference in
this section and in a liability decision notice to liability of the employer
to compensate the worker for the injury includes —
(a) the
employer’s liability to compensate the worker for the injury,
irrespective of whether another employer may be wholly or partly liable to
compensate the worker for the injury because the injury may be from employment
with another employer or more than 1 other employer; and
(b) the
employer’s liability under section 34(3) to make payments of
compensation for the injury for which another employer may be partly liable;
and
(c) the
employer’s liability under section 35(3) to make payments of
compensation for the injury for which another employer may be wholly or partly
liable.
(8) For the purposes
of the application of this section to a self-insurer —
(a) a
claim made on an employer who is a self-insurer is considered to have been
given to the self-insurer when it is made by the worker; and
(b) a
requirement to give a notice to an insured employer does not apply to the
self-insurer.