Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 65

65 .         Worker not residing in State: failure to provide declaration

        (1)         The regulations may require a worker who is entitled to income compensation and who does not reside in this State to provide the insurer or self-insurer at specified intervals with declarations in the approved form by the worker and a medical practitioner as to the worker’s capacity for work (the required declarations ).

        (2)         Payment of income compensation to a worker can be suspended for a failure by the worker to provide the required declarations before the end of an interval at which the declarations are required.

        (3)         Before payment of income compensation can be suspended under this section, the insurer or self-insurer must first give the worker a written notice in the approved form (a warning notice ) —

            (a)         informing the worker of the worker’s obligation to provide the required declarations before the end of the interval at which the declarations are required; and

            (b)         stating that payment of income compensation to the worker will be suspended from a specified date (the suspension date ) if the worker fails to provide the required declarations.

        (4)         The warning notice can be given no earlier than 14 days before the end of the interval at which the declarations are required and the suspension date must be a date that is at least 14 days after the warning notice is given and not earlier than the end of the interval at which the declarations are required.

        (5)         Payment of income compensation is suspended from the suspension date until the worker provides the required declarations and the insurer or self-insurer receives the required declarations.

        Note for this subsection:

                Suspension of income compensation payments only affects income compensation payments payable in respect of the period of suspension. Income compensation payments must recommence after the suspension period if the worker is otherwise entitled to income compensation payments in respect of the period after the suspension period. See section 67.

        (6)         A worker may apply for an arbitrator to determine a question as to whether payment of income compensation to the worker was lawfully suspended under this section for a particular period and an arbitrator may determine the question and make any order the arbitrator considers appropriate in the circumstances.