Western Australian Numbered Acts Western Australian Numbered Acts (1) A person who fails
to comply with a decision of a dispute resolution authority commits an
offence.
Penalty for this subsection: a fine of
$15 000.
(2) A reference in
subsection (1) to a decision of a dispute resolution authority includes a
reference to —
(a) a
requirement made by a conciliator under section 317 (which provides for
the general powers of conciliators) other than a requirement to which
section 386 applies; and
(b) a
direction given by a conciliator under section 320 or 323 (which
provide for directions requiring the payment of compensation to a worker or
the suspension or reduction of income compensation payments); and
(c) an
order issued by a conciliator under section 318 (which provides for the
issue of an order of the kind that an arbitrator could issue setting out
matters that have been agreed during conciliation).
(3)
Subsection (1) does not apply if, or to the extent that —
(a) the
person is excused by section 374 (which allows certain claims of
privilege) from complying with the decision; or
(b) the
person has a reasonable excuse for failing to comply with the decision, other
than an excuse mentioned in section 372, 373 or 374 (which
limit claims of privilege against self-incrimination and legal professional
privilege in relation to medical reports).
(4) If the dispute
resolution authority made the decision without giving a person an opportunity
to be heard, subsection (1) only applies to that person on the person
being given personally or as otherwise specified under
subsection (5) —
(a) a
copy of the decision that the Director or Registrar has certified to be a true
copy; and
(b) a
copy of this section.
(5) If a dispute
resolution authority is satisfied that it is not possible or appropriate for a
person to be personally given the documents referred to in
subsection (4), the dispute resolution authority may specify another
method for service of the documents on the person under that subsection.