Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
chief executive officer (prisons) means the chief
executive officer as defined in the Prisons Act 1981 section 3(1);
registrar (MIARB) means the registrar of the
Mentally Impaired Accused Review Board established under the Criminal Law
(Mentally Impaired Accused) Act 1996 Part 6;
relevant government authority means the authority
principally assisting the Minister responsible for administering the relevant
law in the administration of that law;
relevant law means the law under which the worker
is in custody or is serving the term of imprisonment.
(2) Payment of income
compensation to a worker must be suspended for any period during which the
worker is —
(a) in
custody under a law of the Commonwealth, this State or another State, other
than custody of a kind prescribed by the regulations; or
(b)
otherwise serving a term of imprisonment of a kind prescribed by the
regulations.
(3) Before payment of
income compensation can be suspended under this section, the employer must
have written confirmation from the relevant government authority of the
factual circumstances mentioned in subsection (2) in relation to the
worker and the date from which those circumstances applied.
(4) 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.
(5) The chief
executive officer (prisons), the registrar (MIARB) and any other relevant
government authority prescribed by the regulations must provide written
confirmation for the purposes of subsection (3) in the circumstances, and
in the manner and form, provided for by the regulations.