Western Australian Numbered Acts Western Australian Numbered Acts (1) If an action for
damages brought by a worker in respect of an injury is successful, the worker
must not commence or continue proceedings for or in relation to compensation
for the injury.
(2) For the purposes
of this section, an action for damages is successful if —
(a) the
action proceeds to judgment (including the acceptance of an offer to consent
to judgment); or
(b) the
action is settled by agreement or acceptance of an offer of compromise.
(3) If an action for
damages is settled by agreement otherwise than by acceptance of an offer to
consent to judgment or an offer of compromise, the employer or third party
with whom the agreement is made must file a memorandum of the terms of the
settlement with the Director in the approved form within 3 months after
the date of execution of the agreement by the worker.
(4) A failure to
comply with subsection (3) does not affect the validity of the
settlement.