Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 5

5 .         Terms used

                In this Act —

        AIDS means acquired immune deficiency syndrome;

        approved form means a form approved by the CEO under section 496 for the purposes of the provision in which the term is used;

        approved permanent impairment assessor has the meaning given in section 193(1);

        approved workplace rehabilitation provider means a workplace rehabilitation provider granted approval under section 173(1);

        arbitration rules has the meaning given in section 382(1);

        Arbitration Service means the Workers Compensation Arbitration Service established under section 307(1)(b);

        arbitrator means a person designated as an arbitrator under section 309(1);

        Board means WorkCover WA’s board provided for in section 452;

        CEO means the person holding or acting in the office of chief executive officer of WorkCover WA;

        certificate of capacity , in relation to a worker’s injury, means a certificate issued in accordance with section 169;

        company means a company or a registered body, within the meaning of the Corporations Act 2001 (Commonwealth), other than a registered body specified, or of a kind specified, in the regulations;

        compensation means compensation under this Act;

        conciliation rules has the meaning given in section 381(1);

        Conciliation Service means the Workers Compensation Conciliation Service established under section 307(1)(a);

        conciliator means a person designated as a conciliator under section 309(1);

        degree of permanent impairment means —

            (a)         degree of permanent impairment of a part or faculty of the body; or

            (b)         degree of permanent whole of person impairment;

        DI Fund means the WorkCover WA Default Insurance Fund established under section 256(1);

        Director means the WorkCover WA officer designated under section 308(1) as the Director;

        disease includes any ailment, disorder, defect or morbid condition whether physical or mental and whether of sudden or gradual development;

        dispute resolution authority means the Director, the Registrar, a conciliator or an arbitrator;

        document includes anything that falls within 1 or more of the following —

            (a)         a record of information, irrespective of how the information is recorded or stored or able to be recovered;

            (b)         a thing on which there is writing;

            (c)         a map, plan, graph, drawing or photograph;

            (d)         a thing on which there are marks, figures, symbols or perforations that have a meaning for persons qualified to interpret them;

            (e)         a thing from which images, sounds or writings can be reproduced with or without the aid of anything else;

            (f)         a thing on which information is recorded or stored, whether electronically, magnetically, mechanically or by some other means;

        dust disease has the meaning given in section 115;

        dust disease impairment compensation means lump sum compensation under section 119 for impairment resulting from a dust disease;

        employer has the meaning given in section 12 (and see also sections 13 to  16);

        General Account means the WorkCover WA General Account established under section 488(1);

        general maximum amount has the meaning given in section 538(1);

        group self-insurer licence has the meaning given in section 200;

        health professional means —

            (a)         a person registered under the Health Practitioner Regulation National Law (Western Australia) to practise a health profession (other than as a student); or

            (b)         a person who is not resident in a State but who is recognised as a health professional for the purposes of this Act by WorkCover WA;

        HIV means human immunodeficiency virus;

        incapacity claim has the meaning given in section 23;

        income compensation means compensation under Part 2 Division 3;

        injured worker means a worker who has suffered an injury in respect of which compensation is payable;

        injury has the meaning given in section 6;

        injury by disease means an injury that is a disease, or the recurrence, aggravation or acceleration of a pre-existing disease, as provided by section 6;

        inspector means a staff member designated as an inspector under section 508(1);

        Insurance Commission means the Insurance Commission of Western Australia referred to in the Insurance Commission of Western Australia Act 1986 ;

        insured employer means an employer who is insured under a workers compensation policy;

        insurer means an employer’s insurer under a workers compensation policy;

        licensed insurer has the meaning given in section 200;

        medical and health expense has the meaning given in section 71;

        medical and health expenses compensation means compensation under Part 2 Division 4;

        medical and health expenses general limit amount has the meaning given in section 69;

        medical practitioner means —

            (a)         a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession; or

            (b)         a person who is not resident in a State but who is recognised as a medical practitioner for the purposes of this Act by WorkCover WA;

        mesothelioma means a malignant disease of the inside lining of any 1 or more of the following —

            (a)         the chest wall (pleura);

            (b)         the pericardium;

            (c)         the abdomen (peritoneum);

        miscellaneous expense has the meaning given in section 81;

        miscellaneous expenses compensation means compensation under Part 2 Division 5;

        noise-induced hearing loss has the meaning given in section 107;

        permanent impairment compensation means lump sum compensation under Part 2 Division 7;

        provisional payments means provisional payments made to a worker in accordance with section 36;

        Registrar means the WorkCover WA officer designated under section 308(1) as the Registrar;

        return to work , in relation to a worker who has an incapacity for work, means —

            (a)         the worker holding or returning to the position that the worker held immediately before becoming incapacitated if it is reasonably practicable for the employer who employed the worker at the time the incapacity occurred to provide that position to the worker; or

            (b)         if the position is not available, or if the worker does not have the capacity to work in that position, the worker taking a position, whether with the employer who employed the worker at the time the incapacity occurred or another employer —

                  (i)         for which the worker is qualified; and

                  (ii)         that the worker is capable of performing;

        return to work program means a return to work program established under section 160(2);

        self-insurer has the meaning given in section 200;

        self-insurer licence has the meaning given in section 200;

        settlement agreement means a settlement agreement referred to in Part 2 Division 12;

        ship  —

            (a)         means any kind of vessel used in navigation by water, however propelled or moved; and

            (b)         includes any of the following vessels used wholly or primarily in navigation by water —

                  (i)         a barge, lighter or other floating vessel;

                  (ii)         an air-cushion vehicle or other similar craft;

        staff member means any of the following —

            (a)         a WorkCover WA officer;

            (b)         a person engaged or appointed under the Public Sector Management Act 1994 section 100 for the purposes of this Act;

            (c)         a person referred to in section 480(1);

        State includes a Territory;

        Trust Account means the WorkCover WA Trust Account established under section 494(1);

        uninsured employer has the meaning given in section 265;

        WorkCover WA means the body established under section 445(1);

        WorkCover WA officer means the CEO or a public service officer appointed under section 479(1);

        WorkCover WA website means a website maintained or controlled by or on behalf of WorkCover WA;

        worker has the meaning given in section 12(2) (and see also sections 13 to  16);

        workers compensation policy has the meaning given in section 202(1);

        working director  has the meaning given in section 16(1);

        workplace rehabilitation expense means an expense that is for the provision of a workplace rehabilitation service;

        workplace rehabilitation expenses compensation means compensation under Part 2 Division 6;

        workplace rehabilitation service means a service provided in accordance with the regulations by an approved workplace rehabilitation provider for the purpose of assisting an injured worker to return to work.