Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 322

322 .         Payment by insurer if employer fails to comply with interim compensation direction

        (1)         If an insured employer fails to make a payment required by an interim compensation direction, the Director may by order made on the application of the worker —

            (a)         require the employer’s insurer to make the payment on behalf of the employer within 7 days after the order is made; and

            (b)         if the Director considers it necessary — require the employer’s insurer to make on behalf of the employer any remaining payments required under the interim compensation direction.

        (2)         An insurer who makes a payment of compensation on behalf of an employer pursuant to an order under subsection (1) is entitled to recover from the employer any payment received by the employer from the insurer in respect of the employer’s liability to make the payment that the employer failed to make to the worker.

        (3)         Subdivision 3 applies to an order of the Director under subsection (1) as if —

            (a)         the order were a conciliation decision, as defined in section 324; and

            (b)         a reference to a conciliator were a reference to the Director.