Western Australian Numbered Acts Western Australian Numbered Acts (1) Damages must not
be awarded against a worker’s employer in respect of the infection of a
worker with HIV but damages may be awarded in respect of the worker’s
contraction of AIDS.
(2) A worker who has
contracted AIDS has, for the purposes of this Division, a degree of permanent
whole of person impairment resulting from the disease of at least 25%.
(3) A certificate in
writing by a medical practitioner to the effect that the worker has contracted
AIDS must be recorded by the Director, and otherwise treated for the purposes
of this Division, as if it were an assessment by an approved permanent
impairment assessor that the worker’s degree of permanent whole of
person impairment resulting from the disease was at least 25%.
(4) The regulations
may make provision for or with respect to the methods for determining for the
purposes of this section whether a worker has contracted AIDS.
(5) Part 4
Division 3 does not apply to the degree of permanent impairment of a
worker resulting from the contraction of AIDS.
(6) The cause of
action of a worker who has contracted AIDS is taken to have accrued, for the
purposes of this Division and any limitation on the period within which
proceedings may be commenced to recover damages for that cause, when a
certificate is first given in writing by a medical practitioner to the effect
that the worker has contracted AIDS.