continental shelf has the meaning given in the Seas and Submerged Lands Act section 3(1);
Petroleum Act means the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth);
Seas and Submerged Lands Act means the Seas and Submerged Lands Act 1973 (Commonwealth);
territorial sea has the meaning given in the Seas and Submerged Lands Act section 3(1).
Adjacent areas defined
(1) The adjacent area for New South Wales, Victoria, South Australia or Tasmania is the area described in Schedule 1 to the Petroleum Act in relation to that State that is within the outer limits of the continental shelf, and includes the space above and below that area.
(2) The adjacent area for Queensland is —
(a) the area described in Schedule 1 to the Petroleum Act in relation to Queensland that is within the outer limits of the continental shelf; and
(b) the Coral Sea area (as defined in the Petroleum Act section 8(2)) other than the territorial sea within the Coral Sea area; and
(c) the areas within the outer limits of the territorial sea adjacent to certain islands of Queensland as determined by the Proclamation of 4 February 1983 (Proclamation of Outer Limits (Torres Strait)) pursuant to section 7 of the Seas and Submerged Lands Act; and
(d) the space above and below the areas described in paragraphs (a) to (c).
(3) The adjacent area for Western Australia is the area described in Schedule 1 to the Petroleum Act in relation to Western Australia that —
(a) is within the outer limits of the continental shelf; and
(b) includes the space above and below that area.
(4) The adjacent area for the Northern Territory is —
(a) the area described in Schedule 1 to the Petroleum Act in relation to the Northern Territory that is within the outer limits of the continental shelf; and
(b) the offshore area for the Territory of Ashmore and Cartier Islands (within the meaning of the Petroleum Act section 8(1)) other than the territorial sea within that area; and
(c) the space above and below the areas described in paragraphs (a) and (b).
(5) The adjacent area for a State does not include any area inside the limits of any other State or Territory.
(6) A reference in this clause to the area described in Schedule 1 to the Petroleum Act in relation to a State or Territory is a reference to the scheduled area for that State or Territory within the meaning given in that Schedule.
Schedule 7 — Registered Independent Agents Code of Conduct
[r. 140]
Duties of registered agents
It is the duty of a registered agent —
(a) to comply with the Act and any conditions of registration; and
(b) not to engage in conduct that —
(i) is illegal; or
(ii) is dishonest; or
(iii) may otherwise bring registered agents into disrepute; or
(iv) is prejudicial to the administration of the workers compensation and injury management scheme under the Act;
and
(c) to be competent as a registered agent.
Integrity and diligence
(1) A registered agent must not attempt to further a client’s case by unethical or dishonest means.
(2) A registered agent must not knowingly assist or seek to induce another person to breach this code of conduct.
(3) A registered agent must treat clients fairly and in good faith, giving due regard to a client’s position of dependence upon the agent, and the high degree of trust which a client is entitled to place on the agent.
(4) A registered agent must always be completely frank and open with a client and with all others so far as the interests of the client permit and must at all times give a client a candid opinion on any matter in which the agent acts for that client.
(5) A registered agent must take such action consistent with the agent’s retainer as is necessary and reasonably available to protect and advance a client’s interests.
(6) A registered agent must at all times use their best endeavours to complete work on behalf of a client as soon as is reasonably possible, and if a registered agent accepts instructions and it is, or becomes, apparent to the agent that the work cannot be done within a reasonable time, the agent must so inform the client.
(7) A registered agent must not take unnecessary steps or do work in such a manner as to increase proper costs to the client.
(8) If it is in the best interests of the client of a registered agent to do so, the agent must endeavour to reach a solution by settlement rather than commence or continue proceedings.
Confidentiality
(1) A registered agent must strive to establish and maintain a relationship of trust and confidence with clients.
(2) A registered agent must impress upon a client that the agent cannot adequately serve the client without knowing everything that might be relevant to the client’s interests and that the client should not withhold information that the client might think is embarrassing or harmful to the client’s interests.
(3) A registered agent must not, without the client’s consent, directly or indirectly reveal a client’s confidence, or use the confidence in any way detrimental to the interests of that client, or lend or reveal the contents of the confidence in any brief or instructions to any person except to the extent —
(a) required by law, rules of court or court order; or
(b) necessary for replying to or defending any charge or complaint of criminal conduct or misconduct contrary to this code brought against the agent.
(4) A registered agent’s duties under this clause towards a particular client continue after the agent has ceased to act for the client.
Conflicts of interest
(1) A registered agent must at all times make a full and frank disclosure to a client of any conflict of interest that the registered agent has or may have in any matter concerning that client.
(2) A registered agent must not act or continue to act on behalf of a client if to do so would or may give rise to a conflict of interest adverse to the client unless the client has been fully informed of the nature and implications of the conflict and consents to the registered agent acting or continuing to act on behalf of the client.
(3) A registered agent must not give advice or guidance to a person if the registered agent knows that the interests of that person are in conflict or likely to be in conflict with the interests of the agent’s client, other than advice to secure the services of another representative.
Proceedings
(1) Subject to this code of conduct, a registered agent must provide advice and conduct each case and matter in the manner the agent considers most advantageous to the agent’s client.
(2) A registered agent must not knowingly deceive or mislead the Director, the Registrar, an officer of the Conciliation Service or the Arbitration Service or any other officer of WorkCover WA, a client or any other person involved in a matter in respect of which the agent has been retained.
(3) A registered agent must at all times —
(a) act with due courtesy to the Director, the Registrar, officers of the Conciliation Service and the Arbitration Service and other officers of WorkCover WA, legal practitioners, other registered agents, their own clients and other parties to the dispute; and
(b) use their best endeavours to avoid unnecessary expense and waste of a dispute resolution authority’s time; and
(c) when so requested, inform the Director or Registrar of the probable length of a proceeding; and
(d) inform the Director or Registrar of the possibility of a settlement provided the agent can do so without revealing the existence or content of “without prejudice” communications; and
(e) subject to this code of conduct, inform the Director or Registrar of any development that affects the information already before a dispute resolution authority.
(4) In cross‑examination which goes to a matter in issue, a registered agent may put questions suggesting fraud, misconduct or the commission of an offence provided that the agent is satisfied that the matters suggested are part of the case of the agent’s client and the agent has no reason to believe that they are only put forward for the purpose of impugning the witness’s character.
(5) Questions which affect the credibility of a witness by attacking the witness’s character, but which are otherwise not relevant to the actual inquiry, must not be put in cross‑examination unless there are reasonable grounds to support the imputation conveyed by such questions.
Advertising
A registered agent must not engage in promotional conduct or advertising about the agent’s skills, experience, fees or results in a manner which is misleading or deceptive, or likely to mislead or deceive.
Withdrawal
(1) A registered agent must recognise that a client is entitled to change representative at any time without giving a reason and must take all reasonable steps to facilitate such a change should a client so request.
(2) If a client engages another registered agent in a matter and that agent is of the opinion that the conduct of a preceding representative in the matter warrants the making of a complaint, the agent must so advise the client.
(3) A registered agent may withdraw from representing a client —
(a) at any time and for any reason if withdrawal will cause no significant harm to the client’s interests and the client is fully informed of the consequences of withdrawal and voluntarily assents to it; or
(b) if the registered agent reasonably believes that continued engagement in the case or matter would be likely to have a seriously adverse effect upon the agent’s health; or
(c) if the client, without lawful excuse, refuses or fails to comply with a written agreement regarding fees or expenses; or
(d) if the client made material misrepresentations about the facts of the case or matter to the agent; or
(e) if the agent has an interest in any case or matter which the agent is concerned may be adverse to that of the client; or
(f) if such action is necessary to avoid the agent breaching this code of conduct; or
(g) if any other good cause exists.
(4) If a registered agent withdraws from representing a client the agent must take reasonable care to avoid foreseeable harm to the client including —
(a) giving reasonable notice to the client; and
(b) allowing reasonable time for the substitution of a new agent; and
(c) cooperating with the new agent; and
(d) promptly turning over all papers and property and paying to the client any moneys to which the client is entitled.
(5) If a registered agent withdraws from representing a client the agent must give written notice of the withdrawal to the Director and other parties to the proceeding.
Fees
(1) A registered agent must before commencing to act for a client inform the client in writing of —
(a) the maximum costs the registered agent can charge; and
(b) the basis for calculation of the costs of the agent.
(2) Upon receiving the advice the client must sign an acknowledgment of the information.
(3) During the course of a retainer, a registered agent must promptly advise the client of any circumstances likely to have a substantial effect on the amount, or basis of calculation, of such costs or any disbursements.
(4) A registered agent must issue appropriate receipts for services provided to a client.
(5) A registered agent must not charge more than is reasonable for their services, having regard to the complexity of the matter, the time and skill involved, and any costs determination published under section 407 of the Act.
Records
(1) A registered agent must keep adequate records of —
(a) moneys received on behalf of clients; and
(b) disbursement made on behalf of clients; and
(c) time spent on cases.
(2) Records kept under this clause must be available for inspection by WorkCover WA.
Trust moneys
A registered agent must not hold for or on behalf of a client or other party any moneys in trust without the written authorisation of that person.
Costs
(1) A registered agent must not —
(a) in the course of operating their business, give, or agree to give, an allowance in the nature of an introduction fee or spotter’s fee to any person for introducing business to the registered agent; and
(b) receive any similar allowance from any person for introducing or recommending clients to that person.
(2) A registered agent must, as soon as practicable after being requested by a client, render a bill of costs covering all work performed for the client to which the request relates.
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Notes
This is a compilation of the Workers Compensation and Injury Management Regulations 2024 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
Compilation table
| Citation | Published | Commencement |
| Workers Compensation and Injury Management Regulations 2024 | SL 2024/36 20 Mar 2024 | 1 Jul 2024 (see r. 2) |
| Workers Compensation and Injury Management Amendment Regulations 2024 | SL 2024/89 12 Jun 2024 | 1 Jul 2024 (see r. 2) |
| Workers Compensation and Injury Management Amendment Regulations 2026 (other than r. 4 and 5) | SL 2026/35 1 Apr 2026 | 2 Apr 2026 (see r. 2(d)) |
Uncommenced provisions table
To view the text of the uncommenced provisions see Subsidiary legislation as made on the WA Legislation website.
| Citation | Published | Commencement |
| Workers Compensation and Injury Management Amendment Regulations 2026 r. 4 and 5 | SL 2026/35 1 Apr 2026 | r. 5: 4 pm on 30 Jun 2026 (see r. 2(c)); r. 4: 1 Jul 2027 (see r. 2(b)) |
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
Aboriginal police liaison officer 16(1)
Act Sch. 3 cl. 2
act of terrorism Sch. 3 cl. 2
adjacent area Sch. 6 cl. 2(1), (2), (3), (4)
ambulance emergency communications officer 10(1)
apportionment determination 62(2)
APRA 95
AS/NZS 40(1)
assessment of costs 110(1), 111
audiological test 40(1)
audiometric test 148
Australian Health Practitioner Regulation Agency 31
authorised agent 106
authorised audiologist 3, 42(1)
code of conduct 140
communications systems officer 10(1)
compliance audit or investigation 140
confidential information 145(1)
continental shelf Sch. 6 cl. 1
contractor 99(1), Sch. 3 cl. 2
Costs Committee 109(1)
costs determination 109(1)
costs order 110(1), 111
CPI 3
Crown 3
damages Sch. 3 cl. 2
deemed disputed former Act claim 147(1)
DSM-5 10(1)
Dust Disease Medical Panel 69(1)
earnings 109(1)
EDS 123
EDS document 123
EDS exempt 123, 125(1)
election 123
election document 123
electronic notification 128(1)
ENT specialist 3, 47(1)
financial year 67(1)
fishing vessel 17(1)
former Act 100(1)
former Act NIHL claim 150(1)
former regulations 148
full audiometric test 148
further hearing loss 40(1)
give 123
health practitioner 3
hearing loss matters 50
incident 10(1)
initial hearing loss 40(1)
injury Sch. 3 cl. 2
Insurance Act 95
insured last employer 50
insurer 50
LAeq,8h 40(1)
last employer 50, 51(2)
LC,peak 40(1)
lodge 123
lump sum agreement 123
March CPI 3
medical and health expense 32
member of the Governor’s Establishment 13(1)
NATA 9(1)
NDIS 15(2)
NIHL deferred decision notice 40(1), 56(3)
NIHL liability decision notice 40(1), 56(1)
NIHL register 3, 63(1)
noisy employer 40(1)
noisy employment 40(1), (2)
notify 128(1)
otorhinolaryngological assessment 148
paramedic 10(1)
Petroleum Act Sch. 6 cl. 1
police officer 16(1)
policy Sch. 3 cl. 2
policy period Sch. 3 cl. 2
principal 99(1)
provisional payments day 22
prudential matters 95
psychiatrist 10(1)
qualifying period 6(1)
registered independent agent 140
rehabilitation consultant 86(1)
relevant event 97(1)
remuneration Sch. 3 cl. 2
remuneration record Sch. 3 cl. 8
Schedule Sch. 3 cl. 2
Seas and Submerged Lands Act Sch. 6 cl. 1
settlement agreement 123
settlement document 123
statutory office 13(1)
subsequent certificate of capacity 21(1)
support person 83(1)
support worker 15(3)
taxing officer 110(2)
term of imprisonment 30(1)
territorial sea Sch. 6 cl. 1
treating medical practitioner 3
treating specialist 33(1)
worker Sch. 3 cl. 2
working day 127(1)
WPI 3
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.