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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981
TABLE OF PROVISIONS
Long Title
PART I -- Preliminary
1. Short title
2. Commencement
3. Purposes
4. Application of Act generally
5. Terms used
5A. Prescribed amount and variation of certain amounts
5B. Meaning of prohibited person
PART II -- Application of this Act in respect of certain persons and bodies
6. Local governments and other authorities
7. Tributers
8. Baptist clergymen
9. Anglican clergy
10. Other clergymen
10A. Working directors
11. Contracted sporting contestants are not workers
11A. Jockeys
12. Compensation not payable in some cases for injury or death before 28 Nov 1977
13. Act s. 11 and 12 do not affect case where compensation paid before 28 Nov 1977
14. Workers employed by Crown
16. Workers employed on some ships
17. Crew of fishing vessel
PART III -- Compensation
Division 1 -- Injury: general
18. Employers liable to pay compensation for injuries to workers
19. Personal injury by accident arising out of or in course of employment, meaning of
20. Compensation not payable unless worker’s employment connected with WA
21. Compensation payable from date of incapacity
22. Serious and wilful misconduct by worker, effect of
23. Person not to be compensated twice
Division 1a -- Determination by courts and recognition of determination
23A. Term used: court
23B. Determining if WA is connected with worker’s employment
23C. Application to District Court to determine which State is connected with worker’s employment
23D. Recognition of previous determinations
23E. Determination may be made by consent
Division 2 -- Discontinued regime for lump sum payments for specified injuries
24. Injuries in Sch. 2 occurring before 14 Nov 2005, worker may elect to get lump sum for
24A. Noise induced hearing loss, worker may elect to get lump sum for in some cases
24B. Election under s. 24 or 24A
25. Term used: loss of
26. Further loss of use of part or faculty of body due to subsequent injury, compensation for
27. Compensation decisions etc. made before 18 May 1978, on basis of Sch. 2, effect of
28. Limit on compensation for worker electing under s. 24B
29. Effect of s. 24 and 24A on compensation for incapacity
30. Compensation payable before election under s. 24B
31. Sch. 2 Part 1, interpretation of
Division 2A -- New regime for lump sum payments for specified injuries
31A. Application of Division
31B. Term used: degree of permanent impairment
31C. Permanent impairments in Sch. 2, worker may elect to get lump sum for
31D. Permanent impairments in Sch. 2, assessment of degree of
31E. Noise induced hearing loss, worker may elect to get lump sum for in some cases
31F. AIDS, compensation for
31G. Further loss of use of part or faculty of body due to subsequent injury, compensation for
31H. Election under s. 31C or 31E
31I. Effect of election under s. 31H
31J. Limit on compensation for worker electing under s. 31H
31K. Compensation payable before election under s. 31H
Division 3 -- Injury: specified industrial diseases
32. Some industrial diseases in Sch. 3, compensation for
33. Pneumoconiosis, mesothelioma, lung cancer or diffuse pleural fibrosis
34. Chronic bronchitis and pneumoconiosis, limit on compensation for
35. Lung cancer and asbestosis, limit on compensation for
36. Claim under s. 33 or 34, referring worker to medical panel
37. Oral submission to medical panel by medical practitioner
38. Questions to be determined by medical panel
39. Tuberculosis and pneumoconiosis, compensation for
40. Death without prior incapacity, effect of for this Division
41. Last employer liable but may join others
42. How compensation calculated
43. Employer to whom notice to be given
44. Diseases in Sch. 3 deemed due to employment in process in Sch.
45. Additions to Sch.
46. Compensation limited to prescribed amount
48. Sch. 3 diseases to be notified by employer etc.
Division 4A -- Injury: specified diseases contracted by firefighters
49A. Terms used
49B. Application of Division
49C. When firefighting employment taken to contribute to specified disease
49D. Date of injury
49E. Review of Division
Division 4B -- Injury: prescribed diseases
49F. Prescribed diseases taken to be from certain employment
49G. Division 3 does not apply if s. 49F(3) applies
Division 4 -- Injury: specified losses of functions
49. Loss of function in Sch. 4, when injury occurs as a result of
51. Last employer liable but may join others
52. How compensation calculated
53. Employer to whom notice given
54. Loss of function in Sch. 4 deemed due to employment in process in Sch.
55. Additions to Sch.
Division 5 -- Commencement, review, suspension, and cessation of payments
56. When entitlement to weekly payments ceases due to age
57. Effect of s. 56 on Sch. 2 and expenses
57A. Claims procedure where employer insured
57B. Claims procedure where employer is self-insured or uninsured
57BA. Notices under s. 57A and 57B, form and content of
57C. Weekly payments, WorkCover WA to be notified about
57D. Confidentiality of information given under s. 57C
58. Liability for weekly payments, arbitrator may determine
59. Workers who claim compensation to notify employers as to remunerated work
60. Discontinuing or reducing weekly payments, order as to
61. Discontinuing or reducing weekly payments without order
62. Reviewing and discontinuing, suspending or changing weekly payments
63. No compensation if right to compensation suspended
64. Medical examination, worker claiming injury may be required to attend
65. Periodical medical examination, workers on weekly payments may be required to attend
66. Regulations as to medical examinations
66A. Additional medical examinations
67. Lump sum in redemption of weekly payments
68. Calculation of lump sum for s. 67(4)
69. Worker not residing in WA, continuance of weekly payments to
70. Medical reports, provision of to worker or employer
71. Payments to unentitled person, recovery of
72. Suspending entitlement while worker in prison
72A. Suspending etc. entitlement for not undergoing medical examination
72B. Suspending etc. entitlement for not participating in return to work program
Division 5A -- Claims by dependants and others for compensation
72C. Terms used
72D. Application of this Division
72E. Claims for compensation for dependants and others
72F. Claims procedure where employer insured
72G. Claims procedure where employer is self-insured or uninsured
72H. Resolution of claim
72I. Manner of payment of lump sum compensation
72J. Manner of payment of child’s allowance
72K. Effect of recovery of damages on moneys held in Trust Account
72L. Application of Part XI to matters under this Division
Division 6 -- Disputes between employers
73. Worker entitled but dispute between employers
74. Worker entitled but dispute between insurers
74A. No apportionment under s. 73 or 74 for injuries before 8 Mar 1991
75. Obligation to make weekly payments preserved
Division 7 -- Agreements
76. Agreement as to compensation etc., registration and effect of memorandum of
77. Agreements unenforceable unless registered under s.
78. Effect of non-registration of agreement
Division 8 -- Other matters affecting compensation
79. Wilful and false representation by worker
80. Effect of leave entitlements; effect on sick leave
81. Effect on public holidays pay
82. Services rendered to worker for which employer liable, payment for
83. Partially incapacitated workers, employment of
84. Worker not to be prejudiced by resuming work
84AA. Employer to keep position available during worker’s incapacity
84AB. Employer to notify worker and WorkCover WA of intention to dismiss worker
PART IV -- Civil proceedings in addition to or independent of this Act
Division 1 -- General
85. Motor vehicle cases not affected by this Part
86. Liability independent of this Act not affected by this PART
87. Solicitor-client costs, limits on agreements as to
91. Court’s duties where action for damages unsuccessful but workers’ compensation is payable
92. Both damages and workers’ compensation not recoverable
93. Remedies against non-employers
Division 1a -- Choice of law
93AA. Applicable substantive law for work injury claims
93AB. Claims to which Division applies
93AC. Terms used
93AD. Claim in respect of death included
93AE. Terms used
93AF. Availability of action in another State not relevant
Division 2 -- Constraints on awards of common law damages
Subdivision 1 -- Preliminary provisions
93A. Term used: damages
93B. Application of this Division
93C. Limit on powers of courts to award damages
Subdivision 2 -- 1993 scheme
93CA. Term used: AMA Guides
93CB. Limits on application of this Subdivision
93CC. Application of this Subdivision
93D. Degree of disability, assessing
93E. Constraints on awards and paying compensation
93EA. Questions as to degree of disability, referral of to Director in some cases due to new evidence
93EB. Questions as to degree of disability, referral of to Director in some other cases
93EC. Time for commencing action for damages extended in some cases
93F. Degree of disability less than 30%, constraints on awards
93G. Regulations for this Subdivision
Subdivision 3 -- 2004 scheme
93H. Terms used
93I. Application of this Subdivision
93J. No damages for noise induced hearing loss if not an injury
93K. Constraints on awards
93L. Election under s. 93K to retain right to seek damages
93N. Special evaluation if worker’s condition has not stabilised sufficiently
93P. Election under s. 93K, effect of on compensation
93Q. HIV and AIDS, special provisions about
93R. Some lung diseases, special provisions about
93S. Regulations for this Subdivision
Subdivision 4 -- Savings and transitional arrangements arising from Workers’ Compensation and Injury Management Amendment (COVID-19 Response) Act 2020
93T. Transitional arrangements for termination day
PART V -- WorkCover Western Australia Authority
Division 1 -- Constitution, purposes, and powers
94. WorkCover Western Australia Authority, nature of etc.
95. Governing body of WorkCover WA
96. Term of office of governing body’s nominee members
97. Meetings
98. Vacancies etc. not to invalidate proceedings
99. Conditions of appointment
100. Functions
100A. Advisory committees
100B. Disclosing information to work health and safety department
101. Powers
101AA. Delegation by WorkCover WA
101A. Borrowing powers
101B. Guarantees by Treasurer of borrowings
102. Limitation on powers under s. 100(e)
103A. Insurers etc. to give WorkCover WA information
104. Publishing and furnishing information
Division 1AA -- Personal interest
104AA. Disclosure of interests by governing body members
104AB. Exclusion of interested member
104AC. Resolution that s. 104AB inapplicable
104AD. Quorum where s. 104AB applies
104AE. Minister may declare s. 104AB and 104AD inapplicable
Division 2 -- Accounts and audit
105. Financial Management Act 2006 and Auditor General Act 2006, application of
Division 3 -- Workers’ Compensation and Injury Management General Account
106. General Account, funds and purposes of
107. Estimates of funds needed for General Account
108. Levied contributions to General Account, amount of
109. Insurers to contribute to General Account
Division 4 -- Workers’ Compensation and Injury Management Trust Account
110. Trust Account, funds and purposes of
Division 5 -- Ministerial control
111. Minister may give WorkCover WA directions
111A. Minister to have access to information
PART VII -- Medical assessment and assessment for specialised retraining programs
Division 1 -- Medical assessment panels
144. Term used: relevant authority
145. Excluded jurisdiction of panels
145A. Questions that may be referred to panels
145B. Register of eligible members of panels
145C. Constituting panels
145D. Procedure and powers of panels
145E. Determinations
145F. Reconsidering determinations
145G. Remuneration
Division 2 -- Assessing degree of impairment
146. Terms used
146A. Evaluating degree of impairment generally
146B. Evaluating degree of impairment for Part III Div. 2A
146C. Evaluating degree of impairment for Part IV Div. 2 Subdiv.
146D. Evaluating degree of impairment for Part IXA
146E. Evaluating degree of impairment for cl. 18A
146F. Approved medical specialists, designation of
146G. Approved medical specialist, powers of
146H. Approved medical specialist, duties of after making assessment
146I. WorkCover WA may give approved medical specialist information about worker
146J. Decisions of approved medical specialist not reviewable
Division 3 -- Approved medical specialist panels
146K. Constituting panels
146L. Procedure and powers of panels
146M. Failure to comply with requirement of panel
146N. How panel to assess degree of impairment
146O. Duties of panel after making assessment
146P. No assessment without unanimous agreement
146Q. Remuneration
Division 4 -- WorkCover Guides
146R. WorkCover Guides, issue of
Division 5 -- Assessment for specialised retraining programs
146S. Register of eligible members of specialised retraining assessment panels
146T. Specialised retraining assessment panel, constituting
146U. Procedure and powers of panels
146V. Assessments by panels
146W. Remuneration
PART VIII -- Premium rates
151. Premium rates for insurance, fixing of
151A. Report as to premium rates
152. Loading not to exceed 75% unless WorkCover WA permits
153. Setting maximum loading or discount
153A. Minimum premiums
154. Appeals by employers
154A. Regulations as to insurers informing employers
154AB. Minister may give directions as to fixing premium rates
154AC. Regulations for subsidy from Supplementation Fund
PART IX -- Injury management
155. Terms used
155A. Code of practice (injury management)
155B. Injury management system, employers’ duties as to
155C. Return to work programs, employers’ duties as to
155D. Insurers’ duties
155E. Return to work programs, WorkCover WA’s powers as to
156. Vocational rehabilitation providers, approval of
156A. Vocational rehabilitation providers, information as to and fees of
156B. Arbitrators’ powers as to return to work programs
157. Information about injury management
157B. Mediation and assistance
PART IXA -- Specialised retraining programs
158. Terms used
158A. Eligibility to participate in programs
158B. Final day for recording agreed matters, referring disputed matters for determination
158C. Degree of permanent whole of person impairment, disputes as to
158D. Retraining criteria, disputes as to
158E. Agreements as to programs
158F. Programs, directions as to payments for etc.
158G. Directions given under s. 158F or 158I, duties of employers and insurers as to
158H. Reviews of programs
158I. WorkCover WA may direct modification etc. of programs
158J. When payments for programs cease
158K. Directions not open to challenge etc.
158L. Other effects of participating in program
PART X -- Insurance
Division 1 -- Liability of employers and insurers
159. Terms used
160. Employers’ duty to be insured etc.; insurers’ duties
160A. Insurance in respect of working directors
161A. Incorporated insurance offices not to issue or renew policies unless approved under s.
161. Incorporated insurance offices, approval of
162. Insurance Commission of Western Australia sole insurer as to some industrial diseases
163. Industrial disease premiums, payment of etc.
164. Exempting employers from duty to insure
165. Review of s. 164 exemptions
166. Cancelling s. 164 exemptions due to breach of law
167. Effect of cessation of s. 164 exemption
168. Revoking s. 164 exemptions on employers’ request
169. Terms of insurance and form of policies
170. Failure to insure
170A. Liability of officers for offence by body corporate
171. Insurance offices to give information to WorkCover WA
172. WorkCover WA may recover underpaid premiums from employers
173. Worker’s rights against insurer when employer ceases to exist etc.
174. Payment to worker from General Account
174AAA. Setting aside certain judgments and agreements
174AA. Recovering s. 174 payments from officers of body corporate
174AB. WorkCover WA may exercise rights of employer in some cases
174AC. WorkCover WA’s rights of indemnity and subrogation
174AD. Employer’s duty to assist WorkCover WA
174A. Insurer may not refuse to indemnify in some cases
Division 2 -- Insurance by principals, contractors, and sub-contractors
175. When principal, contractor and sub-contractor deemed employers
175AA. Certain persons deemed workers
Division 3 -- Inspectors
175A. Authorising etc. inspectors; oath etc. by inspectors
175B. Powers
175C. Interpreters
175D. Offences
PART XA -- Infringement notices and modified penalties
175E. Terms used
175F. Authorised officers, designation of etc.
175G. Infringement notices, giving of
175H. Infringement notices, content of
175I. Extending time for paying modified penalty
175J. Withdrawing infringement notices
175K. Benefit of paying modified penalty
175L. No admission implied by payment
175M. Application of penalties collected
PART XI -- Dispute resolution
Division 1 -- General
176. Exclusive jurisdiction of arbitrators
177. Object of this Part
Division 2 -- Requirements before commencing proceeding
178. Notice of injury, and claim for compensation, requirements for
179. Notice of injury, service of
180. Relevant documents to be provided by parties
Division 3 -- Conciliation
Subdivision 1 -- Workers’ Compensation Conciliation Service
181. Workers’ Compensation Conciliation Service established
182A. Director, Conciliation, designation and functions of
182B. Conciliation officers, designation of etc.
182C. Provisions about designations
182D. Delegation by Director
Subdivision 2 -- Resolution of disputes by conciliation
182E. Application for conciliation
182F. Acceptance of application by Director
182G. Director to allocate dispute
182H. Director may certify dispute is not suitable for conciliation
182I. Duties of conciliation officers
182J. Powers of conciliation officers
182K. Weekly payments etc., conciliation officers may direct etc.
182L. Suspending and reducing weekly payments, conciliation officers’ powers for etc.
182M. Provisions about directions
182N. Finalising orders
182O. Conclusion of conciliation and certificate of outcome
Subdivision 3 -- Practice and procedure
182P. Obtaining information
182Q. Scope of conciliation
182R. Conciliation officer may provide information to another party or a medical practitioner
182S. Representation
182T. Litigation guardians, rules about
182U. Interpreters and assistants
182V. Ways of conducting conciliation
182W. Conciliation to be in private
182X. Meetings and conferences, notice of and failure to attend
182Y. Privilege against self-incrimination
182ZA. Legal professional privilege in relation to medical reports
182ZB. Other claims of privilege
182ZC. Documents produced, use of etc. by conciliation officer
182ZD. Medical dispute may be referred to medical assessment panel
Subdivision 4 -- General provisions about directions, orders and conciliation agreements
182ZE. Terms used
182ZF. When decision or conciliation agreement has effect
182ZG. Correcting mistakes
182ZH. Enforcing decisions and conciliation agreements
182ZI. Conciliation decisions not reviewable
182ZJ. Provisions about revoked directions
182ZK. Recovery of payments made under s. 182K direction
182ZL. Director may order insurer to make payment directed under s. 182K
Subdivision 5 -- Miscellaneous
182ZM. Statement made to conciliation officer not admissible in subsequent proceedings
182ZN. To whom compensation is to be paid
Division 4 -- Arbitration
Subdivision 1 -- Workers’ Compensation Arbitration Service
182ZO. Workers’ Compensation Arbitration Service established
182ZP. Registrar, Arbitration, designation and functions of
182ZQ. Arbitrators, designation of etc.
182ZR. Provisions about designations
182ZS. Delegation by Registrar
Subdivision 2 -- Determination of disputes by arbitration
182ZT. Application for arbitration
182ZU. Acceptance of application by Registrar
182ZV. Registrar to allocate dispute
182. Who is to be given a copy of an application
183. Information exchange by parties
185. Duties of arbitrators
Subdivision 3 -- Practice and procedure
188. Practice and procedure, generally
189. Relief or redress granted need not be restricted to claim
190. Directions by arbitrator
191. Dependants of workers, proof as to
192. Illegal contracts of employment may be treated as valid
193. Arbitrator’s powers to obtain information
194. Arbitrator may give information etc. to and restrict disclosure by other party or medical practitioner
195. Representation
196. Litigation guardians, rules about
197. Interpreters and assistants
198. Ways of conducting arbitration proceedings
199. Hearings to be in private
200. Hearings, notice of and failure to attend
201. Experts, use of by arbitrators
202. Summoning witnesses
203. Arbitrator’s powers as to witnesses
204A. Communication between worker and WorkCover WA employee not admissible
204. Privilege against self-incrimination
205. Legal professional privilege in relation to medical reports
206. Other claims of privilege
207. Oaths and affirmations
208. Arbitrator may authorise another to take evidence
209. Things produced, use of etc. by arbitrator
210. Medical dispute may be referred to medical assessment panel
Subdivision 4 -- Decisions
211. Decisions generally
212. Conditional and ancillary orders and directions
213. Decisions and reasons, form and content of
214. Validity of decision not affected by contravention of this Subdivision
215. When decision has effect
216. Correcting mistakes
217A. Arbitrator may reconsider decision if new information
217B. Arbitration decisions not reviewable
217. Order as to total liability of employer
218. Payment of compensation to person under legal disability
219. Enforcing decisions
Subdivision 5 -- Miscellaneous
220. Statements to arbitrators not admissible in common law proceedings
221. To whom compensation is to be paid
222. Interest on sums to be paid
223. Interest on unpaid sums
224. Interest on unpaid amount of agreed sum
225. Regulations may exclude interest
PART XIII -- Appeals to District Court
247. Appeal against arbitrator’s decision made under PART XI
250. Effect of appeal on decision under appeal
254. Appeal from District Court to Court of Appeal
PART XIV -- Offences
255. Failing to comply with decision of dispute resolution authority
256. Failing to comply with summons or requirement to attend
257. Failing to give evidence as required
258. Giving false or misleading information
259. Misbehaviour and other conduct
PART XV -- Costs
Division 1 -- General
261. Terms used
262. Costs to which this Part applies
263. This Part prevails over Legal Profession Uniform Law (WA)
Division 2 -- Costs of parties in proceedings and costs of proceedings
264. Costs to be determined by dispute resolution authority
265. Costs unreasonably incurred by representative
266. Agent’s costs
267. Appeal costs
268. Regulations for assessment of costs
Division 3 -- Maximum costs
269. Costs Committee, membership of
270A. Remuneration of Committee members
270. Constitution and procedure of Costs Committee
271. Determinations as to maximum costs
272. Making determinations
273. Approval and publication of determinations
274. Effect of costs determinations
275. Agreement as to costs, limits on
276. Division does not affect s. 87 in relation to Part IV actions
PART XVI -- Registered agents
277. Registration of agents
PART XVIII -- Regulations, rules and practice notes
292. Regulations
293A. Conciliation rules
293B. Arbitration rules
293. General provisions about rules
294. Practice notes
PART XIX -- Miscellaneous
295. WorkCover WA’s staff etc.
296. Delegation by chief executive officer
297. Agreements and receipts under this Act exempt from duty
298. Ships, detention of
299. Judicial notice
300. District Court to give information to WorkCover WA
301. Contracting out prohibited
302. Deductions from wages towards compensation not lawful
303. Compensation payments not assignable
303A. Making employment conditional on avoidance arrangement
304. Protection from personal liability
305. Immunity of conciliation officers, arbitrators etc.
306. Protection for compliance with this Act
307. Protection from liability for publishing decisions etc. of dispute resolution authority
308. Fraud
309. Who can prosecute offences
310. Time limit for prosecutions
311. General penalty
312. Fines, application of
313. Offences under Acts about workplace safety not affected
314. WorkCover WA may specify form of sending information
314A. Facilitating electronic processes
314B. Review of Act
PART XX -- Repeal, savings, and transitional
316. Terms used
317. Repeal
318. Interpretation Act 1918, application of
319. Act does not renew liability or entitlement
320. Moneys paid under repealed Act taken into account
321. Compensation for Sch. 2 injuries
322. Child’s allowance
323. Continuation of office holders, agreements etc.
324. References to Board, Supplementary Board or officers
325. Transitional provisions (Sch. 8)
SCHEDULE 1 -- Compensation entitlements
SCHEDULE 1A -- Compensation entitlements when worker has died
SCHEDULE 2 -- Table of compensation payable
SCHEDULE 3 -- Specified industrial diseases
SCHEDULE 4A -- Specified diseases for firefighters
SCHEDULE 4 -- Specified losses of functions
SCHEDULE 5 -- Exceptions to cessation of weekly payments by reason of age
SCHEDULE 6 -- Adjacent areas
SCHEDULE 7 -- Noise induced hearing loss
SCHEDULE 8 -- Transitional provisions
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