Western Australian Numbered Acts Western Australian Numbered Acts (1) In
section 56(1)(a) delete “asbestos; and” and insert:
asbestos or silica
dust; and
(2) Delete
section 56(4) and insert:
(4) For the purposes
of this section an injury to which this subsection applies must not be treated
as significant unless —
(a) the
parties to the proposed action have so agreed; or
(b) a
medical panel constituted as described in the Workers’ Compensation and
Injury Management Act 1981 section 36(1) —
(i)
has determined that the degree of the disability assessed
in accordance with section 93D(2) of that Act is 30% or more; or
(ii)
has assessed that the worker’s degree of whole of
person impairment evaluated as described in sections 146A and 146C of
that Act (on or after 14 November 2005) is 25% or more;
or
(c) a
Dust Disease Medical Panel constituted under the Workers Compensation and
Injury Management Act 2023 section 124 has determined for the
purposes of Part 7 Division 2 of that Act that the degree of
permanent whole of person impairment resulting from the injury is at least
25%.
(4A)
Subsection (4) applies to an injury that —
(a)
before 14 November 2005, is a disability as defined in the
Workers’ Compensation and Injury Management Act 1981 ; or
(b) on
or after 14 November 2005 and before the commencement of the
Workers Compensation and Injury Management Act 2023 Part 7
Division 2, is an injury as defined in the Workers’ Compensation
and Injury Management Act 1981 ; or
(c) on
or after the commencement of the Workers Compensation and Injury Management
Act 2023 Part 7 Division 2, is an injury from employment for
the purposes of that Act.
Note: The heading to amended section 56 is to
read:
Asbestos or silica
dust related diseases