Part 1
Preliminary
Part 1 — Preliminary
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Short title 2
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Commencement 2
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Act binds Crown 2
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No contracting out 3
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Western Australia act
This replaces the old Workers’ Compensation Act with a single, modern scheme that defines compensable work‑related injury, prescribes income/medical/rehab and lump‑sum entitlements, mandates employer insurance or self‑insurance, creates WorkCover WA to regulate funds and set rates, and establishes compulsory conciliation then arbitration for disputes. It affects injured workers, employers, insurers/self‑insurers, medical assessors and regulators, and matters because it centralises funding and oversight, tightens return‑to‑work and claims timetables, and limits common‑law exposure to contain scheme costs.
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Direct links to the current provisions in Workers Compensation and Injury Management Act 2023.
Part 1 — Preliminary
Short title 2
Commencement 2
Act binds Crown 2
No contracting out 3
Division 2 — Terms used
Division 3 — Injury and injury from employment
Injury 9
Exclusion of injury: reasonable administrative action 10
Injury from employment: work related attendances 11
Journeys 11
Prescribed diseases taken to be from certain employment 12
Diseases of firefighters taken to be from employment 13
Division 4 — Worker and employer
Meaning of “worker” and “employer” 17
Prescribed workers and excluded workers 18
Labour hire arrangements 18
Jockeys 19
Working directors 20
Part 2 — Compensation for injury
Division 1 — General principles
Employer liable for compensation 23
Forms of compensation 23
Employment must be connected with this State 24
Compensation excluded: serious and wilful misconduct 24
Compensation excluded: certain employment on ship 25
Person not to be paid twice 25
Division 2 — Claiming compensation
Terms used 26
Application of Division 26
Subdivision 2 — Claim process
Making claim for compensation 26
Insured employer must give claim to insurer 27
Worker may give claim to insurer if employer defaults 28
Insurer or self‑insurer to make decision on liability 28
Requirements when decision on liability deferred 31
Determination by arbitrator of question about liability for compensation 32
Claims on uninsured employers 32
Worker to provide information about other employment 33
Incapacity after claim made 34
Claiming compensation when question as to liability or apportionment between employers 34
Claiming compensation for certain diseases when more than 1 employer liable 36
Subdivision 3 — Provisional payments
Requirement for provisional payments 38
Compensation for which provisional payments are required 39
Calculating the amount of a provisional payment 39
How and when provisional payments are to be made 39
Provisional payments of medical and health expenses compensation 39
Provisional payments of income compensation 40
Insurer required to indemnify for provisional payments 40
Status and effect of provisional payments 40
Other employer or insurer liable 41
Division 3 — Income compensation
Subdivision 2 — Entitlement to income compensation
Entitlement to income compensation for incapacity for work 43
Obligation to pay income compensation 43
Total or partial incapacity for work 44
Worker not to be prejudiced by resuming work 45
Order that worker is taken to be totally incapacitated 45
General limit on total income compensation 46
Additional income compensation 46
Subdivision 3 — Calculation of income compensation
Terms used 48
Worker’s pre‑injury weekly rate of income 48
Amount of income compensation 50
Maximum weekly rate of income compensation 51
Minimum weekly rate of income compensation 51
Monetary value of board and lodging 54
Working directors 56
Public holidays 57
Leave while entitled to income compensation 58
Subdivision 4 — Reducing, suspending and discontinuing income compensation
Restrictions on reduction, suspension or discontinuation of income compensation 59
Reducing or discontinuing income compensation on basis of worker’s return to work 60
Reducing or discontinuing income compensation on basis of medical evidence 60
Worker not residing in State: failure to provide declaration 62
Suspension of income compensation while worker in custody 64
Effect of suspension of income compensation payments 65
Power of arbitrator to review disputed income compensation payments 65
Division 4 — Compensation for medical and health expenses
Terms used 66
Medical and health expenses compensation under this Division 67
Expenses that are medical and health expenses 67
Requirement that medical and health expenses be reasonable 68
Medical and health expenses order 69
Eligibility to provide compensable medical and health services 71
General limit on compensation for medical and health expenses 71
Notice to worker that 60% of general limit reached 72
Standard increase in compensation limit 72
Increase for special expenses in the medical and health expenses general limit amount 73
Assessment of degree of permanent impairment for special increase 75
Effect of participation in catastrophic injuries support scheme 76
Division 5 — Compensation for miscellaneous expenses
Term used: miscellaneous expense 76
Compensation for reasonable miscellaneous expenses 76
Expenses that are miscellaneous expenses 77
Requirement that miscellaneous expenses be reasonable 77
First aid and emergency transport 78
Wheelchair 78
Surgical appliance or artificial limb 78
Clothing 78
Repair or replacement of artificial aids 79
Travel 80
Assessment of permanent impairment 81
Effect of participation in catastrophic injuries support scheme 81
Division 6 — Compensation for workplace rehabilitation expenses
Compensation for workplace rehabilitation expenses 81
Workplace rehabilitation fees and charges order 82
General limit on compensation for workplace rehabilitation expenses 83
Effect of participation in catastrophic injuries support scheme 84
Division 7 — Lump sum compensation for permanent impairment from personal injury by accident
Entitlement to lump sum permanent impairment compensation 84
Amount of permanent impairment compensation based on degree of permanent impairment 84
Worker’s degree of permanent impairment 85
Limit on permanent impairment compensation 85
Calculating permanent impairment compensation 86
Further permanent impairment from subsequent injury 91
Compensable impairment not to exceed 100% 91
Special provisions for AIDS 92
Agreement as to degree of permanent impairment 93
Determination by arbitrator when worker and employer fail to agree degree of permanent impairment 94
Division 8 — Lump sum compensation for noise‑induced hearing loss
Terms used 95
Lump sum compensation for noise‑induced hearing loss 96
Minimum compensable hearing loss 96
Calculation of amount of compensation 96
Assessment and evidence of noise‑induced hearing loss 97
Apportionment of NIHL compensation between employers 97
Disputes about hearing loss 98
Regulations 98
Division 9 — Compensation for dust disease
Terms used 100
Dust disease taken to be from certain employment 100
Day on which dust disease injury is suffered 101
Dust diseases taken to be single injury 102
Subdivision 2 — Compensation for dust disease
Entitlement to lump sum compensation for permanent impairment from dust disease 102
No entitlement to compensation until Panel determination 103
Claiming dust disease compensation 103
Compensation claims to be referred to CEO 103
Referral of claim to Panel 103
Subdivision 3 — Dust Disease Medical Panels
Constitution of Panel 104
Panel practice and procedure 105
Panel powers 105
Determination of Panel 106
Effect of determination 107
Variation or remaking of determination 107
Remuneration and allowances of Panel members 107
Division 10 — Compensation for death of worker
Terms used 108
Compensation only payable as provided by compensation order 109
Lump sum compensation for death resulting from injury 109
Allowance for eligible dependent children 113
Funeral and medical expenses 114
Lump sum compensation for death not resulting from injury 115
Claim for compensation under this Division 116
Claims procedure: insured employer 116
Claims procedure: self‑insurer or uninsured employer 117
Determination of claim by arbitrator 118
Manner of payment: lump sum compensation 119
Manner of payment: child’s allowance 119
Effect of recovery of damages on applying trust money 121
Application procedure 122
Inconsistency with other provisions 122
Division 11 — Other matters to do with compensation
Recovery of erroneous payments of compensation 122
Deductions from wages towards compensation not lawful 123
Recovery of cost of services provided to worker 123
Division 12 — Settlement of compensation claim
Commuting compensation liabilities by settlement agreement 124
Lump sum compensation required to be included in settlement agreement 125
Effect on settlement of participation in catastrophic injuries support scheme 125
Applying for registration of settlement agreement 126
Settlement agreement cannot apply to common law damages 126
Scrutiny by Director of settlement agreement 127
Cancellation of registration of settlement agreement 128
Implementation of settlement agreement 128
Limit on lump sum compensation included in settlement agreement 128
Part 3 — Injury management
Term used: treating medical practitioner 130
Employer must establish injury management system 130
Division 2 — Return to work
Subdivision 1 — Duties of employer, insurer and worker
Duty of employer to establish and implement return to work program 131
Employer may be ordered to establish and implement return to work program 132
Duties of insurer 133
Duties of worker 133
Consequences of refusal or failure to comply with s. 163 duty 134
Subdivision 2 — Return to work case conferences
Subdivision 3 — Employment obligations relating to return to work
Employer must provide position during incapacity 137
Host must cooperate with labour hirer 137
Dismissal of injured worker 138
Division 3 — Certificates of capacity
Issue of certificate of capacity 139
Treating medical practitioner 140
Employer, insurer and agent of insurer must not be present at examination or treatment 141
Division 4 — Workplace rehabilitation providers
Approval of workplace rehabilitation providers 141
Determination of application for approval 141
Conditions of approval 141
Duration of approval 142
Suspension or cancellation of approval 143
Register of approved workplace rehabilitation providers 143
Performance monitoring and review of approved workplace rehabilitation providers 144
Part 4 — Medical assessment
Division 1 — Preliminary
Division 2 — Medical examination of worker
Power to require medical examination of worker 145
Worker contravening requirement for medical examination 146
Division 3 — Assessing degree of permanent impairment
Assessments to which Division applies 147
Method of assessment 148
Assessing degree of permanent impairment when multiple injuries arise from single event 148
Secondary conditions disregarded in certain cases 148
Assessment by approved permanent impairment assessor or Dust Disease Medical Panel 149
Permanent Impairment Guidelines 149
Requirement for injury to have stabilised 149
Asymptomatic pre‑existing disease 150
Request for assessment of permanent impairment 150
Powers of approved permanent impairment assessors 151
Report on results of assessment 152
Division 4 — Permanent impairment assessors
Approval of permanent impairment assessors 153
Conditions of approval 154
Minister may fix scale of fees and charges for permanent impairment assessment 154
Duration of approval 155
Suspension or cancellation of approval 155
Compliance audits and investigations 156
Register of approved permanent impairment assessors 156
Part 5 — Insurance
Terms used 158
Agency arrangements 160
Division 2 — Employer obligations
Subdivision 1 — Insurance requirements for employers
Requirement for employers to be insured 161
Information to be provided by employer to insurer 161
Offences 163
Evidence of non‑compliance with insurance requirements 163
Defence: employment not connected with this State 163
Recovery of premiums avoided by employer 164
Liability of responsible officers of corporations 165
Records to be kept by employer 166
Insurer may recover underpaid premiums from employer 168
Recovery of costs of audit of employer 169
Certificate of currency 169
Workers compensation insurance brokers 169
Subdivision 2 — Contractors and subcontractors
Terms used 170
Both principal and contractor taken to be employers 171
Claim or proceedings against principal 172
Indemnity 172
Effect of judgment against principal or contractor 172
Application of Subdivision to subcontractors 173
Subdivision does not extend right to damages 173
Contractor remuneration information 173
Subdivision 3 — Avoidance arrangements
What constitutes an avoidance arrangement 174
Offence if work done under avoidance arrangement 175
Arbitrator’s determination about avoidance arrangement 175
Effect of avoidance arrangement on compensation and insurance 176
Division 3 — Licensed insurers
Subdivision 1 — Licensing of insurers
Offence: unlicensed insurers 177
Application for licence 177
Determination of licence application 178
Conditions of licence 178
Duration of licence 179
Suspension, cancellation or surrender of licence 179
Performance monitoring and review of insurers 180
Improvement notice to licensed insurer 181
Specialised insurers 181
Special arrangements for Insurance Commission and public authorities 182
Subdivision 2 — Insurance obligations of licensed insurers
Obligation of licensed insurers to insure employers 183
Terms of insurance and form of policies 184
Adjustable premium policies 185
Insurer to indemnify employer for compensation payments 186
Coverage of insurance policy not limited by employer representations 186
Refusal of indemnity 186
Cancellation of insurance policy 188
Lapsing of insurance policy 189
Worker’s rights against insurer when employer cannot be proceeded against 190
Division 4 — Self‑insurance
Subdivision 1 — Licensing of self‑insurers
Application for self‑insurer licence 191
Coverage of related entities by group self‑insurer licence 191
Liability of holder of group self‑insurer licence 192
Application of licensed insurer provisions to self‑insurers 193
Subdivision 2 — Self‑insurer securities
Terms used 193
Requirement for security 194
Review and variation of required security amount 194
Calling on security 194
Division 5 — Insurance premiums
Fixing of recommended premium rates 195
Reports as to recommended premium rates 196
Review of premium charged 196
Division 6 — Default Insurance Fund
Subdivision 1 — Establishment of Default Insurance Fund
Establishment of Default Insurance Fund 198
Payments to and from DI Fund 198
Payments to and from General Account 199
Advances to DI Fund 199
Subdivision 2 — Contributions to DI Fund
Terms used 200
Required contributions by insurers and self‑insurers to DI Fund 201
Arrangements for payment of contributions 203
Additional insurer contribution for unexpected claims 204
Provision of information by licensed insurers and self‑insurers 205
Division 7 — Uninsured employers
Uninsured employer 206
Payment of compensation when employer uninsured 206
Payment of damages when employer uninsured 207
Payment of compensation for dust disease or prescribed disease when insurer unknown or has ceased operation 208
Recovery of compensation or damages paid for uninsured employer 209
Setting aside certain judgments and agreements 209
Recovery of uninsured employer payment from officer of body corporate 210
Exercise by WorkCover WA of rights of uninsured employer 211
WorkCover WA’s rights of indemnity and subrogation 212
Employer’s duty to assist WorkCover WA 213
Liability of employer if employment believed to be not connected with this State 213
Payment to employer not required 214
Division 8 — Insurer and self‑insurer insolvency
Terms used 214
Claims against WorkCover WA for insolvent insurer and self‑insurer liabilities 215
Payment of claims 217
Recovery by WorkCover WA of payment made in satisfaction of claims 217
Control of powers of liquidator of insurer or self‑insurer 218
Payment into DI Fund of money recovered by liquidator 218
Liquidator to notify WorkCover WA of dissolution of insurer or self‑insurer 219
WorkCover WA may accept final payment from liquidator 220
Division 9 — Acts of terrorism
Terms used 220
Division does not apply to public authority covered by Insurance Commission 221
Term used: act of terrorism 221
Declaration of act of terrorism 222
Exclusion of declared act of terrorism from insurance 222
Claims for compensation in respect of declared act of terrorism 222
Limits on claims for declared acts of terrorism 223
WorkCover WA’s rights of indemnity and subrogation 224
Division 10 — Special provisions for waterfront worker dust diseases if employer unknown
Terms used 224
Claim for compensation if last relevant employer unknown 224
Payment of claim 225
Recovery of money paid in satisfaction of claim 225
Division 11 — Contributions to Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Fund
Terms used 226
Insurance Commission to determine required contributions to CIF 226
Calculation of required insurer contributions to CIF 227
Requirement for payment of CIF contributions by insurers and self‑insurers 227
Transfer from DI Fund to CIF 228
Additional insurer contribution for unexpected liabilities 229
Part 6 — Dispute resolution
Terms used 230
Exclusive jurisdiction of arbitrators 231
Object of this Part 231
Relevant documents 231
Division 2 — Conciliation Service and Arbitration Service
Establishment of Conciliation Service and Arbitration Service 233
Designation and functions of Director and Registrar 234
Designation of conciliators and arbitrators 235
Delegation by Director or Registrar 236
Division 3 — Conciliation
Subdivision 1 — Process for conciliation
Application for conciliation 236
Requirements for acceptance of application for conciliation 236
Director may certify dispute not suitable for conciliation 237
Allocation of dispute 237
Duties of conciliators 237
Scope of conciliation 238
Powers of conciliators 238
Finalising orders 238
Conclusion of conciliation and certificate of outcome 239
Subdivision 2 — Directions for payment of compensation
Interim compensation directions 240
Amendment, suspension or revocation of interim compensation directions 241
Payment by insurer if employer fails to comply with interim compensation direction 242
Suspending and reducing income compensation payments 242
Subdivision 3 — General provisions about conciliation directions, orders and agreements
Terms used 244
General provisions about conciliation decisions 245
326 When conciliation decision or agreement has effect 245
Correcting mistakes 245
Enforcing conciliation decisions and agreements 245
Conciliation decisions not reviewable 246
Recovery of compensation paid under conciliator direction 246
Division 4 — Arbitration
Subdivision 1 — Determination of disputes by arbitration
Application for arbitration 247
Requirements for acceptance of application for arbitration 247
Registrar to allocate dispute 248
Information exchange by parties 248
Duties of arbitrators 250
Subdivision 2 — Arbitration practice and procedure
General practice and procedure 250
Relief or redress granted need not be restricted to claim 251
Directions by arbitrator 252
Dismissal of proceeding 252
Illegal contracts of employment may be treated as valid 252
Arbitrator’s powers to obtain information 253
Use of experts by arbitrators 254
Summoning witnesses 254
Arbitrator’s powers as to witnesses 254
Communication between worker and WorkCover WA employee not admissible 255
Oaths and affirmations 255
Arbitrator may authorise another person to take evidence 255
Subdivision 3 — Arbitrator decisions
Decisions generally 256
Conditional and ancillary orders and directions 256
Form and content of decision and reasons 256
Validity of decision not affected by contravention of this Subdivision 258
When decision has effect 258
Correcting mistakes 258
Reconsideration of decision on basis of new information 258
Arbitration decision not reviewable 259
Enforcing decision 260
Publication of decision and reasons 260
Subdivision 4 — Interest
Interest on sums to be paid 260
Interest on unpaid sums 261
Interest on unpaid amount of agreed sum 261
Regulations may exclude interest 262
Division 5 — General provisions about conciliation and arbitration procedures
Term used: relevant rules 262
Functions conferred by this Division 262
Provision of information to another party or medical practitioner 263
Representation 263
Meaning of prohibited person: s. 365(4) 264
Litigation guardians 265
Interpreters and assistants 265
Ways of conducting proceedings 266
Proceedings to be in private 267
Notice of proceedings and failure to attend 267
Abrogation of privilege against self‑incrimination 267
Legal professional privilege in relation to medical reports 268
Other claims of privilege 269
Powers in relation to documents produced 269
To whom compensation must be paid 269
Payment of compensation to worker under legal disability 270
Admissibility of statements made to conciliator 270
Statements to arbitrators not admissible in common law proceedings 271
Division 6 — Regulations, rules and practice notes
Regulations 271
Conciliation rules 271
Arbitration rules 272
General provisions about rules 273
Practice notes 273
Division 7 — Offences
Failure to comply with decision of dispute resolution authority 274
Failure to comply with summons or requirement to attend 275
Failure to give evidence as required 275
Giving false or misleading information 276
Misbehaviour and other conduct 276
Referral of offence to CEO 276
Division 8 — Appeals to District Court
Appeal against arbitrator’s decision 276
Effect of appeal on decision under appeal 278
Appeal from District Court to Court of Appeal 278
Division 9 — Costs
Subdivision 1 — General
Terms used 279
Costs to which Division applies 279
Division prevails over Legal Profession Uniform Law (WA) 280
Subdivision 2 — Determination, assessment and limitations as to costs
Costs to be determined by dispute resolution authority 280
Costs unreasonably incurred by representative 281
Agent’s costs 282
Appeal costs 282
Regulations for assessment of costs 282
Subdivision 3 — Maximum costs
Costs Committee established 283
Remuneration and allowances of Costs Committee members 283
Constitution and procedure of Costs Committee 283
Determinations as to maximum costs 284
Making a costs determination 285
Approval and publication of costs determinations 285
Effect of approved costs determination 286
Limit on agreement as to costs 286
Costs in relation to actions for damages 286
Part 7 — Common law
Terms used 287
References to employer include person for whom employer vicariously liable 287
Liability independent of this Act not affected 288
Requirements for motor vehicle claims not affected 288
Division 2 — Constraints on common law proceedings and damages: actions against employer
Application of Division 288
Damages to which this Division does not apply 288
Application of Division depends on when cause of action accrues 289
Limit on powers of courts to award damages against employer 289
No damages for noise‑induced hearing loss 289
No damages if compensation settlement agreement registered 290
Threshold requirements for commencement of proceedings and award of damages 290
Commencement of court proceedings against employer of worker with terminal disease 292
Effect of election to retain right to seek damages on entitlement to compensation 293
Maximum damages award for less than 25% impairment 294
Special provisions for HIV and AIDS 295
Special provisions for dust disease damages claims 295
Effect of this Division on contribution required from employer 297
Limits on agreements as to solicitor‑client costs 298
Regulations 299
Division 3 — Prevention of double recovery
Application of Division 299
Worker to be given opportunity to discontinue action for damages 299
Deduction or repayment of compensation if action for damages proceeds to judgment 299
Compensation proceedings not permitted if action for damages succeeds 301
Division 4 — Remedies against third parties
Worker entitled to proceed against third party for damages 301
Employer’s right to be indemnified by third party 302
Recovery of third party indemnity payment from worker 303
Employer’s right to recover unpaid damages from third party 303
Division 5 — Choice of law
Terms used 304
Extended meaning: injury, employer and worker 305
Applicable substantive law for work injury claims 305
Claims to which Division applies 306
Claim in respect of death included 307
Availability of action in another State not relevant 307
Part 8 — Administration
Division 2 — WorkCover WA
WorkCover WA established 308
Status 309
Objective 309
Functions 309
Powers generally 310
Delegation 311
Execution of documents 311
Division 3 — Administration of WorkCover WA
Subdivision 1 — The Board
Board is governing body 312
Board membership 313
Term of office of appointed members 314
Casual vacancies, resignation and removal from office 314
Extension of term of office during vacancy 315
Leave of absence 315
Alternate appointed members 316
Remuneration and allowances of appointed members 316
Subdivision 2 — Meetings
Meetings 316
Quorum 317
Presiding member 317
Procedure at meetings 317
Voting 317
Holding meetings remotely 317
Decision without meeting 318
Minutes 318
Subdivision 3 — Committees
Committees 318
Directions to committee 319
Committee procedures 319
Remuneration and allowances of committee members 319
Subdivision 4 — Disclosure of interests
Disclosure of material personal interest 319
Interested member cannot participate 320
Board may resolve s. 473 is inapplicable 321
Quorum if s. 473 applies 321
Minister may declare s. 473 and 475 inapplicable 321
Division 4 — Staff of WorkCover WA
Chief executive officer 322
Delegation by CEO 322
Other staff 322
Use of other government staff 323
Division 5 — Ministerial directions
Minister may give directions 323
Protection for disclosure or compliance with directions 324
Part 9 — Financial provisions
Division 1 — General provisions
Application of Financial Management Act 2006 and Auditor General Act 2006 325
Borrowing powers 325
Guarantee by Treasurer 325
Effect of guarantee 326
Division 2 — General Account
Terms used 326
WorkCover WA General Account established 327
Estimate of funds needed for General Account 329
Calculation of estimate 329
Required contributions by insurers and self‑insurers to General Account 330
Arrangements for payment of contributions 332
Provision of information by licensed insurers and self‑insurers 332
Division 3 — Trust account
WorkCover WA Trust Account established 332
Investment of money standing to credit of Trust Account 333
Part 10 — Management and disclosure of information
Division 1 — Approved forms and electronic processes
Approved forms 334
Service, documents and information, including facilitation of electronic processes 334
Division 2 — Disclosure of information
Minister to have access to information 335
Information held by Conciliation Service or Arbitration Service 336
Licensed insurers and self‑insurers must provide information to WorkCover WA 336
Direction to provide WorkCover WA with information 337
Disclosure of information to work health and safety officers 338
WorkCover WA may disclose information 338
Confidentiality 339
Authorised use or disclosure of information 340
Disclosure of claim information for pre‑employment screening 340
Part 11 — Regulation and enforcement
Division 2 — Inspectors
Inspectors 342
Identification of inspectors 342
Division 3 — Inspections and investigations
Compliance inspections 343
Entry powers 343
General powers on entry 344
Persons assisting inspectors 345
Division 4 — Powers relating to documents and information
Power to require auditor’s certificate 345
Power to require documents and answers to questions 346
Abrogation of privilege against self‑incrimination 348
Power to copy and retain documents 348
Division 5 — Contravention of Act
Who can prosecute offences 349
Time limit for prosecutions 349
Application of fines 349
Offences under Acts about work health and safety not affected 349
Infringement notices and the Criminal Procedure Act 2004 350
Division 6 — Offences
Hindering or obstructing inspector 350
Using name WorkCover WA 350
False or misleading information 351
Fraud 351
Preventing another person from complying with Act 351
Part 12 — State with which employment connected
Terms used 352
Connection of employment with a State 352
Determining if employment is connected with this State 353
Applying to District Court to determine connection 354
Recognition of previous determination by court 354
Part 13 — Miscellaneous
Judicial notice 355
Protection from liability for performance of functions 355
Protection and immunity of conciliators, arbitrators and persons involved in proceedings 356
Protection for compliance with this Act 356
Protection from liability for publishing decision 357
General maximum and other adjustable amounts 357
Regulations 358
Regulations may adopt codes or legislation 359
Review of Act 360
Part 14 — Savings and transitional provisions
Terms used 361
Expressions used in former Act 361
Transitional regulations 361
Interpretation Act 1984 not affected 363
Act operates as continuation of former Act 363
References to former Act 363
Directions about corresponding provisions and pending matters 364
Effect of Act on validity of past acts 364
Application of Act to existing injuries and other matters 364
Pending claims under former Act 365
Pending matters exclusion of injury: reasonable administrative action 366
Firefighters 366
Jockeys 367
Division 2 — Compensation
Continuation of entitlement to compensation 367
Calculation of income compensation commenced as weekly payments under former Act 367
Caps on compensation 368
Compensation paid or payable under former Act 369
Provisional payments of compensation 370
Vocational rehabilitation compensation 370
Lump sum compensation for permanent impairment 370
Noise‑induced hearing loss 370
Compensation for death of worker before 1 July 2018 371
When entitlement to income compensation ceases due to age 371
Compensation for AIDS 372
Updating of general maximum amount 372
Division 3 — Injury management
Return to work programs established under s. 155C of former Act 372
Employer’s obligation to make position or suitable duties available 373
Approved workplace rehabilitation providers 373
Vocational rehabilitation 373
Division 4 — Dispute resolution
Terms used 374
Disputes to which Act applies 374
Continuity of conciliation and arbitration services 374
Conciliation rules, arbitration rules and practice notes 375
Pending dispute proceedings 376
Transitional directions 377
Dispute decisions under former Act 377
Registration of independent agents 378
Costs determination 380
Division 5 — Medical assessment
Approved permanent impairment assessors 381
Medical assessments under former Act 381
Division 6 — Insurer and self‑insurer insolvency and uninsured liabilities
Claims for uninsured liabilities 382
Amounts payable from DI Fund for uninsured liabilities 382
Insurer and self‑insurer insolvency 382
EIS Fund 383
Claims under EISF Act 383
Division 7 — Settlement agreements
Division 8 — Common law damages proceedings
Terms used 384
Application of new common law provisions to existing claims 385
Transitional arrangements for application of new common law provisions to existing claims 386
Continuation of 1993 Scheme 387
Dust disease actions accruing before 14 November 2005 387
Division 9 — Insurance
Insurance policies under former Act 387
Failure to insure under former Act 388
Underpaid premiums 389
Operation of policies issued by Insurance Commission 389
Licensed insurers 389
Self‑insurers 390
Recommended premium rates 391
Appeals by employers 391
Permission for insurer to exceed 75% premium loading 391
Acts of terrorism 391
Division 10 — Administration
Term used: WorkCover Western Australia Authority 392
Continuation of WorkCover Western Australia Authority 392
Board is continuation of governing body 392
Exercise of powers of Board before commencement day 393
Continuation of accounts 394
Chief executive officer 394
Exercise of powers of CEO before commencement day 394
Other staff 395
Inspectors 396
Delegations 396
Guarantees of borrowings 396
General Account 397
Part 15 — Repeals and consequential and related amendments
Division 1 — Acts repealed
Workers’ Compensation and Injury Management Act 1981 repealed 398
Workers’ Compensation and Injury Management (Acts of Terrorism) Act 2001 repealed 398
Employers Indemnity Policies (Premium Rates) Act 1990 repealed 398
Employers’ Indemnity Supplementation Fund Act 1980 repealed 398
Waterfront Workers (Compensation for Asbestos Related Diseases) Act 1986 repealed 398
Division 2 — Subsidiary legislation repealed
Workers’ Compensation and Injury Management Regulations 1982 repealed 399
Workers’ Compensation and Injury Management (Scales of Fees) Regulations 1998 repealed 399
Workers’ Compensation Code of Practice (Injury Management) 2005 repealed 399
Workers’ Compensation and Injury Management (Acts of Terrorism) (Final Day) Regulations 2002 repealed 399
Division 3 — Acts amended
Subdivision 1 — Civil Liability Act 2002 amended
Act amended 399
Section 3A amended 400
Section 13A replaced 400
13A. Restrictions on damages if payments received under CISS 400
Subdivision 2 — Financial Management Act 2006 amended
Act amended 402
Schedule 1 amended 402
Subdivision 3 — Fire and Emergency Services Act 1998 amended
Act amended 403
Section 36ZM amended 403
Section 36ZN replaced 404
36ZN. When firefighter disease taken to be injury caused while engaged in volunteer activities 404
Section 36ZR amended 406
Section 36ZS amended 406
Section 36ZT amended 407
Section 36ZU amended 407
Section 36ZW amended 407
Section 36ZX replaced 408
36ZX. Firefighter disease disputes 408
Subdivision 4 — Health Services Act 2016 amended
Act amended 409
Section 228 amended 409
Subdivision 5 — Insurance Commission of Western Australia Act 1986 amended
Act amended 410
Section 6 amended 410
Section 7 amended 411
Section 15 amended 411
Section 16 amended 411
Section 18 amended 412
Section 44 deleted 412
Section 49 inserted 412
Transitional 412
Subdivision 6 — Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947 amended
Act amended 413
Section 6 amended 413
Subdivision 7 — Law Reporting Act 1981 amended
Act amended 413
Section 2 amended 413
Subdivision 8 — Legal Profession Uniform Law Application Act 2022 amended
Act amended 414
Section 134 amended 414
Subdivision 9 — Limitation Act 2005 amended
Act amended 414
Section 55 amended 414
Section 56 amended 414
Section 57 amended 416
Subdivision 10 — Local Government Act 1995 amended
Act amended 416
Section 5.49 replaced 416
5.49. Workers compensation insurance 416
Subdivision 11 — Motor Vehicle (Catastrophic Injuries) Act 2016 amended
Act amended 418
Long title amended 418
Section 1 amended 418
Section 3 amended 418
Section 5A inserted 419
5A. Workplace injury to which Act applies 419
Section 8 amended 421
Section 9 amended 421
Section 13 amended 422
Section 14 amended 422
Section 15 amended 422
Section 18 amended 423
Section 19 amended 423
Section 22 deleted 423
Section 24 amended 423
Section 27 amended 424
Section 30A inserted 424
30A. Notification and disclosure of information about injured worker 424
Section 31 replaced 426
False or misleading information 426
Subdivision 12 — Motor Vehicle (Third Party Insurance) Act 1943 amended
Act amended 427
Section 3 amended 427
Section 3C amended 428
Section 3EA amended 428
Section 3FB amended 429
Section 3G amended 429
Section 3T amended 429
Section 6A amended 430
Subdivision 13 — Police Act 1892 amended
Act amended 431
Section 33ZS amended 431
Section 33ZW amended 432
Section 33ZX amended 433
Section 33ZY amended 433
Section 33ZZI amended 434
Subdivision 14 — Police (Medical and Other Expenses for Former Officers) Act 2008 amended
Act amended 435
Section 3 amended 435
Section 5 amended 436
Section 7 amended 436
Section 8 replaced 436
Time limits under WCIM Act do not apply 436
Section 9 amended 437
Section 14 amended 437
Subdivision 15 — Public Sector Management Act 1994 amended
Act amended 437
Schedule 2 amended 437
Subdivision 16 — Sentencing Act 1995 amended
Act amended 437
Schedule 1 amended 438
Subdivision 17 — State Superannuation (Transitional and Consequential Provisions) Act 2000 amended
Act amended 438
Section 74 deleted 438
Subdivision 19 — Workers’ Compensation and Injury Management Amendment Act 2011 amended
Act amended 438
Section 123 amended 438
Subdivision 20 — Other Acts amended
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Workers Compensation and Injury Management Act 2023
Western Australia
Workers Compensation and Injury Management Act 2023
Contents
Part 1 — Preliminary
Division 1 — General
Short title 2
Commencement 2
Act binds Crown 2
No contracting out 3
Division 2 — Terms used
Division 3 — Injury and injury from employment
Injury 9
Exclusion of injury: reasonable administrative action 10
Injury from employment: work related attendances 11
Journeys 11
Prescribed diseases taken to be from certain employment 12
Diseases of firefighters taken to be from employment 13
Division 4 — Worker and employer
Meaning of “worker” and “employer” 17
Prescribed workers and excluded workers 18
Labour hire arrangements 18
Jockeys 19
Working directors 20
Part 2 — Compensation for injury
Division 1 — General principles
Employer liable for compensation 23
Forms of compensation 23
Employment must be connected with this State 24
Compensation excluded: serious and wilful misconduct 24
Compensation excluded: certain employment on ship 25
Person not to be paid twice 25
Division 2 — Claiming compensation
Subdivision 1 — Preliminary
Terms used 26
Application of Division 26
Subdivision 2 — Claim process
Making claim for compensation 26
Insured employer must give claim to insurer 27
Worker may give claim to insurer if employer defaults 28
Insurer or self‑insurer to make decision on liability 28
Requirements when decision on liability deferred 31
Determination by arbitrator of question about liability for compensation 32
Claims on uninsured employers 32
Worker to provide information about other employment 33
Incapacity after claim made 34
Claiming compensation when question as to liability or apportionment between employers 34
Claiming compensation for certain diseases when more than 1 employer liable 36
Subdivision 3 — Provisional payments
Requirement for provisional payments 38
Compensation for which provisional payments are required 39
Calculating the amount of a provisional payment 39
How and when provisional payments are to be made 39
Provisional payments of medical and health expenses compensation 39
Provisional payments of income compensation 40
Insurer required to indemnify for provisional payments 40
Status and effect of provisional payments 40
Other employer or insurer liable 41
Division 3 — Income compensation
Subdivision 1 — Preliminary
Subdivision 2 — Entitlement to income compensation
Entitlement to income compensation for incapacity for work 43
Obligation to pay income compensation 43
Total or partial incapacity for work 44
Worker not to be prejudiced by resuming work 45
Order that worker is taken to be totally incapacitated 45
General limit on total income compensation 46
Additional income compensation 46
Subdivision 3 — Calculation of income compensation
Terms used 48
Worker’s pre‑injury weekly rate of income 48
Amount of income compensation 50
Maximum weekly rate of income compensation 51
Minimum weekly rate of income compensation 51
Monetary value of board and lodging 54
Working directors 56
Public holidays 57
Leave while entitled to income compensation 58
Subdivision 4 — Reducing, suspending and discontinuing income compensation
Restrictions on reduction, suspension or discontinuation of income compensation 59
Reducing or discontinuing income compensation on basis of worker’s return to work 60
Reducing or discontinuing income compensation on basis of medical evidence 60
Worker not residing in State: failure to provide declaration 62
Suspension of income compensation while worker in custody 64
Effect of suspension of income compensation payments 65
Power of arbitrator to review disputed income compensation payments 65
Division 4 — Compensation for medical and health expenses
Terms used 66
Medical and health expenses compensation under this Division 67
Expenses that are medical and health expenses 67
Requirement that medical and health expenses be reasonable 68
Medical and health expenses order 69
Eligibility to provide compensable medical and health services 71
General limit on compensation for medical and health expenses 71
Notice to worker that 60% of general limit reached 72
Standard increase in compensation limit 72
Increase for special expenses in the medical and health expenses general limit amount 73
Assessment of degree of permanent impairment for special increase 75
Effect of participation in catastrophic injuries support scheme 76
Division 5 — Compensation for miscellaneous expenses
Term used: miscellaneous expense 76
Compensation for reasonable miscellaneous expenses 76
Expenses that are miscellaneous expenses 77
Requirement that miscellaneous expenses be reasonable 77
First aid and emergency transport 78
Wheelchair 78
Surgical appliance or artificial limb 78
Clothing 78
Repair or replacement of artificial aids 79
Travel 80
Assessment of permanent impairment 81
Effect of participation in catastrophic injuries support scheme 81
Division 6 — Compensation for workplace rehabilitation expenses
Compensation for workplace rehabilitation expenses 81
Workplace rehabilitation fees and charges order 82
General limit on compensation for workplace rehabilitation expenses 83
Effect of participation in catastrophic injuries support scheme 84
Division 7 — Lump sum compensation for permanent impairment from personal injury by accident
Entitlement to lump sum permanent impairment compensation 84
Amount of permanent impairment compensation based on degree of permanent impairment 84
Worker’s degree of permanent impairment 85
Limit on permanent impairment compensation 85
Calculating permanent impairment compensation 86
Further permanent impairment from subsequent injury 91
Compensable impairment not to exceed 100% 91
Special provisions for AIDS 92
Agreement as to degree of permanent impairment 93
Determination by arbitrator when worker and employer fail to agree degree of permanent impairment 94
Division 8 — Lump sum compensation for noise‑induced hearing loss
Terms used 95
Lump sum compensation for noise‑induced hearing loss 96
Minimum compensable hearing loss 96
Calculation of amount of compensation 96
Assessment and evidence of noise‑induced hearing loss 97
Apportionment of NIHL compensation between employers 97
Disputes about hearing loss 98
Regulations 98
Division 9 — Compensation for dust disease
Subdivision 1 — Preliminary
Terms used 100
Dust disease taken to be from certain employment 100
Day on which dust disease injury is suffered 101
Dust diseases taken to be single injury 102
Subdivision 2 — Compensation for dust disease
Entitlement to lump sum compensation for permanent impairment from dust disease 102
No entitlement to compensation until Panel determination 103
Claiming dust disease compensation 103
Compensation claims to be referred to CEO 103
Referral of claim to Panel 103
Subdivision 3 — Dust Disease Medical Panels
Constitution of Panel 104
Panel practice and procedure 105
Panel powers 105
Determination of Panel 106
Effect of determination 107
Variation or remaking of determination 107
Remuneration and allowances of Panel members 107
Division 10 — Compensation for death of worker
Terms used 108
Compensation only payable as provided by compensation order 109
Lump sum compensation for death resulting from injury 109
Allowance for eligible dependent children 113
Funeral and medical expenses 114
Lump sum compensation for death not resulting from injury 115
Claim for compensation under this Division 116
Claims procedure: insured employer 116
Claims procedure: self‑insurer or uninsured employer 117
Determination of claim by arbitrator 118
Manner of payment: lump sum compensation 119
Manner of payment: child’s allowance 119
Effect of recovery of damages on applying trust money 121
Application procedure 122
Inconsistency with other provisions 122
Division 11 — Other matters to do with compensation
Recovery of erroneous payments of compensation 122
Deductions from wages towards compensation not lawful 123
Recovery of cost of services provided to worker 123
Division 12 — Settlement of compensation claim
Commuting compensation liabilities by settlement agreement 124
Lump sum compensation required to be included in settlement agreement 125
Effect on settlement of participation in catastrophic injuries support scheme 125
Applying for registration of settlement agreement 126
Settlement agreement cannot apply to common law damages 126
Scrutiny by Director of settlement agreement 127
Cancellation of registration of settlement agreement 128
Implementation of settlement agreement 128
Limit on lump sum compensation included in settlement agreement 128
Part 3 — Injury management
Division 1 — General
Term used: treating medical practitioner 130
Employer must establish injury management system 130
Division 2 — Return to work
Subdivision 1 — Duties of employer, insurer and worker
Duty of employer to establish and implement return to work program 131
Employer may be ordered to establish and implement return to work program 132
Duties of insurer 133
Duties of worker 133
Consequences of refusal or failure to comply with s. 163 duty 134
Subdivision 2 — Return to work case conferences
Subdivision 3 — Employment obligations relating to return to work
Employer must provide position during incapacity 137
Host must cooperate with labour hirer 137
Dismissal of injured worker 138
Division 3 — Certificates of capacity
Issue of certificate of capacity 139
Treating medical practitioner 140
Employer, insurer and agent of insurer must not be present at examination or treatment 141
Division 4 — Workplace rehabilitation providers
Approval of workplace rehabilitation providers 141
Determination of application for approval 141
Conditions of approval 141
Duration of approval 142
Suspension or cancellation of approval 143
Register of approved workplace rehabilitation providers 143
Performance monitoring and review of approved workplace rehabilitation providers 144
Part 4 — Medical assessment
Division 1 — Preliminary
Division 2 — Medical examination of worker
Power to require medical examination of worker 145
Worker contravening requirement for medical examination 146
Division 3 — Assessing degree of permanent impairment
Assessments to which Division applies 147
Method of assessment 148
Assessing degree of permanent impairment when multiple injuries arise from single event 148
Secondary conditions disregarded in certain cases 148
Assessment by approved permanent impairment assessor or Dust Disease Medical Panel 149
Permanent Impairment Guidelines 149
Requirement for injury to have stabilised 149
Asymptomatic pre‑existing disease 150
Request for assessment of permanent impairment 150
Powers of approved permanent impairment assessors 151
Report on results of assessment 152
Division 4 — Permanent impairment assessors
Approval of permanent impairment assessors 153
Conditions of approval 154
Minister may fix scale of fees and charges for permanent impairment assessment 154
Duration of approval 155
Suspension or cancellation of approval 155
Compliance audits and investigations 156
Register of approved permanent impairment assessors 156
Part 5 — Insurance
Division 1 — General
Terms used 158
Agency arrangements 160
Division 2 — Employer obligations
Subdivision 1 — Insurance requirements for employers
Requirement for employers to be insured 161
Information to be provided by employer to insurer 161
Offences 163
Evidence of non‑compliance with insurance requirements 163
Defence: employment not connected with this State 163
Recovery of premiums avoided by employer 164
Liability of responsible officers of corporations 165
Records to be kept by employer 166
Insurer may recover underpaid premiums from employer 168
Recovery of costs of audit of employer 169
Certificate of currency 169
Workers compensation insurance brokers 169
Subdivision 2 — Contractors and subcontractors
Terms used 170
Both principal and contractor taken to be employers 171
Claim or proceedings against principal 172
Indemnity 172
Effect of judgment against principal or contractor 172
Application of Subdivision to subcontractors 173
Subdivision does not extend right to damages 173
Contractor remuneration information 173
Subdivision 3 — Avoidance arrangements
What constitutes an avoidance arrangement 174
Offence if work done under avoidance arrangement 175
Arbitrator’s determination about avoidance arrangement 175
Effect of avoidance arrangement on compensation and insurance 176
Division 3 — Licensed insurers
Subdivision 1 — Licensing of insurers
Offence: unlicensed insurers 177
Application for licence 177
Determination of licence application 178
Conditions of licence 178
Duration of licence 179
Suspension, cancellation or surrender of licence 179
Performance monitoring and review of insurers 180
Improvement notice to licensed insurer 181
Specialised insurers 181
Special arrangements for Insurance Commission and public authorities 182
Subdivision 2 — Insurance obligations of licensed insurers
Obligation of licensed insurers to insure employers 183
Terms of insurance and form of policies 184
Adjustable premium policies 185
Insurer to indemnify employer for compensation payments 186
Coverage of insurance policy not limited by employer representations 186
Refusal of indemnity 186
Cancellation of insurance policy 188
Lapsing of insurance policy 189
Worker’s rights against insurer when employer cannot be proceeded against 190
Division 4 — Self‑insurance
Subdivision 1 — Licensing of self‑insurers
Application for self‑insurer licence 191
Coverage of related entities by group self‑insurer licence 191
Liability of holder of group self‑insurer licence 192
Application of licensed insurer provisions to self‑insurers 193
Subdivision 2 — Self‑insurer securities
Terms used 193
Requirement for security 194
Review and variation of required security amount 194
Calling on security 194
Division 5 — Insurance premiums
Fixing of recommended premium rates 195
Reports as to recommended premium rates 196
Review of premium charged 196
Division 6 — Default Insurance Fund
Subdivision 1 — Establishment of Default Insurance Fund
Establishment of Default Insurance Fund 198
Payments to and from DI Fund 198
Payments to and from General Account 199
Advances to DI Fund 199
Subdivision 2 — Contributions to DI Fund
Terms used 200
Required contributions by insurers and self‑insurers to DI Fund 201
This is an opening excerpt, not the complete document.