Western Australian Numbered Acts Western Australian Numbered Acts (1) The regulations
may impose a limit (a claims limit ) on the total amount of the compensation
liability of all employers under this Division in respect of a declared act of
terrorism.
(2) Either or both of
the following claims limits may be imposed —
(a) a
limit on the total amount of the compensation liability for claims payable
under this Division during a specified period;
(b) a
limit on the total amount of the claims that are payable under this Division
in respect of a particular declared act of terrorism.
(3) If a claims limit
is imposed, WorkCover WA must —
(a) make
an estimate, based on actuarial advice, of the total amount of the
compensation liability of all employers in respect of all the claims to which
the claims limit is applicable (the total claims amount ); and
(b)
determine for that claims limit the amount (the reduction factor ) by which
the total claims amount would have to be multiplied to reduce the total claims
amount to the amount of the claims limit applicable to those claims.
(4) The compensation
liability of an employer in respect of a claim to which a claims limit is
applicable is limited to the amount arrived at by multiplying that
compensation liability by the reduction factor determined for that claims
limit.
Note for this subsection:
The liability of
WorkCover WA for a claim to which a claims limit is applicable is also limited
by the claims limit because the liability of WorkCover WA is limited to the
liability of the employer.