Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 551

551 .         Pending claims under former Act

        (1)         A claim for weekly payments of compensation made under the former Act (a former Act claim ) that was not decided under the former Act before commencement day must be dealt with as a claim for income compensation under this Act as if made under this Act.

        (2)         A former Act claim is considered to have been decided under the former Act when —

            (a)         liability for the weekly payments claimed was accepted under the former Act by the insurer or employer; or

            (b)         an arbitrator determined under the former Act that the worker is entitled to the weekly payments claimed; or

            (c)         the worker became entitled under section 57A(5) or 57B(4) of the former Act to the weekly payments claimed (as a result of a failure by the insurer to comply with section 57A(3) or 57B(2) of the former Act).

        (3)         If a former Act claim was decided under the former Act in the circumstances described in subsection (2)(c), liability for the weekly payments claimed is taken to have been accepted under the former Act by the insurer or employer and any application for a determination under section 57A(6) or 57B(5) of the former Act in respect of the claim that is pending immediately before commencement day is terminated.

        (4)         If liability for a former Act claim that must be dealt with under this Act was disputed by the insurer or employer in respect of all or any of the weekly payments claimed (other than a dispute the subject of a determination to which subsection (3) applies) and the dispute was not determined under the former Act before commencement day, the dispute must be dealt with under this Act.

        (5)         If a liability decision on a former Act claim that must be dealt with under this Act was deferred before commencement day, this Act applies to the claim as if a deferred decision notice for the claim had been given on commencement day.

        (6)         For the purposes of subsection (5), a liability decision on a former Act claim is considered to have been deferred before commencement day if notice was given under section 57A(3)(c) or 57B(2)(c) of the former Act before commencement day that a decision as to whether or not liability is to be accepted is not able to be made within the time allowed by the relevant subsection.

        (7)         This section does not affect any entitlement to compensation that arises under the former Act before commencement day.