Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 354

354 .         Reconsideration of decision on basis of new information

        (1)         In this section —

        new information means information relevant to an arbitrator’s decision that was not available to the arbitrator at the time the decision was made, whether or not the information was available to, or could have been obtained by, a party at that time.

        (2)         A party to a dispute may apply to the Registrar for the reconsideration by an arbitrator of the arbitrator’s decision in the dispute on the basis of new information.

        (3)         The arbitrator must reconsider the decision on the basis of the new information if of the opinion that the new information justifies reconsideration of the decision.

        (4)         When considering whether new information justifies reconsideration of a decision, an arbitrator may have regard to —

            (a)         the probative value of the new information; and

            (b)         the length of time between the making of the decision and when the new information was obtained by the party applying for reconsideration; and

            (c)         the length of time between the party obtaining the new information and the party making the application for reconsideration; and

            (d)         any other matters the arbitration rules specify.

        (5)         When an arbitrator reconsiders a decision on the basis of new information, the arbitrator must affirm, amend or revoke the decision, or make any further decision, as the arbitrator considers appropriate having regard to the new information.