Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
Act —
injury means an injury from employment that
is —
(a) a
personal injury by accident; or
(b) a
disease, or the recurrence, aggravation or acceleration of a pre-existing
disease.
(2) A personal injury
by accident is an injury from employment if the injury arises out of or in the
course of the employment or while the worker is acting under the
employer’s instructions.
(3) Unless otherwise
provided in this Act, a disease, or the recurrence, aggravation or
acceleration of a pre-existing disease, is an injury from employment
if —
(a) the
disease is contracted, or the recurrence, aggravation or acceleration is
suffered, in the course of the employment, whether at or away from the place
of employment; and
(b) the
employment contributed to a significant degree to the contraction of the
disease, or the recurrence, aggravation or acceleration of the pre-existing
disease.
Note for this subsection:
Section 116
determines whether a dust disease is an injury from employment.
(4) In determining
whether particular employment contributed to a significant degree to the
contraction of a disease, or to the recurrence, aggravation or acceleration of
a pre-existing disease, account must be taken of the following —
(a) the
duration of the employment;
(b) the
nature of, and particular tasks involved in, the employment;
(c) the
likelihood of the disease, or the recurrence, aggravation or acceleration of a
pre-existing disease, occurring despite the employment;
(d) the
existence of any hereditary factors relating to the occurrence of the disease;
(e)
matters affecting the worker’s health generally;
(f)
activities of the worker not related to the employment.