Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
compensation cap means any limit on the amount of
compensation payable or of a particular form of compensation payable.
(2) If a compensation
cap under the former Act was applicable to an entitlement to compensation
under the former Act and the entitlement had been exhausted before
commencement day —
(a) the
entitlement remains subject to the compensation cap under the former Act; and
(b) the
entitlement is not subject to a compensation cap under this Act; and
(c) this
Act does not renew, revive or increase the entitlement to compensation.
(3) If a compensation
cap under the former Act was applicable to an entitlement to compensation
under the former Act but the entitlement had not been exhausted before
commencement day —
(a) the
entitlement becomes subject to the corresponding compensation cap under this
Act with compensation paid under the former Act counted as compensation paid
under this Act; and
(b) the
entitlement is not subject to the compensation cap under the former Act.
(4) An entitlement to
compensation under the former Act to which a compensation cap under the former
Act was applicable is considered to have been exhausted when the amount of
compensation paid in respect of the entitlement before commencement day equals
or exceeds the amount of that compensation cap under the former Act (without
regard to any amount of compensation that may have become payable but that was
unpaid immediately before commencement day).
(5) For the purposes
of this section, the compensation cap under the former Act for compensation
under clause 17(1) of Schedule 1 to the former Act is the amount
that is 30% of the prescribed amount under the former Act and does not include
any increase in that amount resulting from an order of an arbitrator or an
agreement by the insurer or employer to increase that amount.
(6) For the purposes
of the application of this section to the compensation cap in respect of
compensation under clause 17(1) of Schedule 1 to the former Act,
compensation paid under the former Act for expenses incurred in respect of
first aid and ambulance or other services to carry the worker to hospital or
another place for medical treatment must not be counted as compensation paid
under this Act.
Note for this subsection:
Compensation under
section 85 for first aid and emergency transport expenses (which under
the former Act was subject to a compensation cap as part of medical and
related expenses) is not subject to a compensation cap under this Act.
(7) This Act does not
renew or revive a liability for compensation under the former Act that was
discharged under the former Act and does not renew or revive an entitlement to
compensation under the former Act that was extinguished under the former Act.