Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 336

336 .         General practice and procedure

        (1)         An arbitrator is bound by rules of natural justice except to the extent that this Act authorises, whether expressly or by implication, a departure from those rules.

        (2)         The Evidence Act 1906 does not apply to proceedings before an arbitrator and an arbitrator —

            (a)         must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms; and

            (b)         is not bound by the rules of evidence or any practice or procedure applicable to courts of record, except to the extent that the arbitration rules make them apply.

        (3)         An arbitrator may inform themselves on any matter as the arbitrator thinks fit.

        (4)         An arbitrator may —

            (a)         receive in evidence any transcript of evidence in proceedings before a court or other person or body acting judicially and draw any conclusion of fact from the transcript; and

            (b)         adopt, as the arbitrator thinks fit, any finding, decision, or judgment of a court or other person or body acting judicially that is relevant to the proceeding.

        (5)         To the extent that the practice and procedure of an arbitrator are not prescribed under this Act, they are to be as the arbitrator determines.