Western Australian Numbered Acts

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WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 323

323 .         Suspending and reducing income compensation payments

        (1)         This section applies if payments of income compensation are being made otherwise than by direction of a conciliator.

        (2)         A conciliator may direct that payments of income compensation be suspended or reduced if the conciliator considers that it would be reasonable to expect that the resolution or determination of a dispute would result in the payments being suspended, reduced or discontinued.

        (3)         A conciliator must not direct the suspension or reduction of income compensation payments —

            (a)         for a period that exceeds 12 weeks; or

            (b)         if 2 or more directions are given — for periods the aggregate of which exceeds 12 weeks.

        (4)         The suspension or reduction of income compensation payments by direction under this section (the change ) operates as follows unless the conciliator directs otherwise —

            (a)         the change applies only to compensation for a period after the change takes effect, and compensation for a period before the change takes effect remains payable as if the change had not occurred;

            (b)         in the case of suspension — the change has the effect provided for by paragraph (a) only during the period of the suspension.

        (5)         A conciliator may, by further direction, amend, suspend or revoke a direction given under this section.

        (6)         When a direction suspending income compensation payments is revoked —

            (a)         the obligation to make income compensation payments recommences from the day on which the suspension is revoked; and

            (b)         the worker must be paid the amount of income compensation for the period of suspension unless the conciliator directs otherwise.

        (7)         When a direction reducing income compensation payments is revoked —

            (a)         the obligation to make income compensation payments as if the direction had not been made recommences from the day on which the direction is revoked; and

            (b)         the worker must be paid the amount of income compensation to which the worker would have been entitled if the direction had not been made unless the conciliator directs otherwise.

        (8)         Subsections (6) and (7) apply to the revocation by an arbitrator under section 348(2) of a direction of a conciliator under subsection (2) suspending or reducing income compensation payments as if a reference to the conciliator were a reference to the arbitrator.



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