Western Australian Current Acts Western Australian Current Acts (1) A worker who is
eligible under sections 158A and 158B to participate in a specialised
retraining program cannot participate in the program unless —
(a) the
worker has entered into an agreement with WorkCover WA in relation to the
program; and
(b) the
agreement is entered into on or before the final day referred to in subsection
(2).
(2) The final day for
the purposes of subsection (1) is the later of —
(a) the
day that is 30 days after the day on which —
(i)
the worker is notified of the recording of an agreement
referred to in section 158B(1)(a)(i) as to the worker’s degree of
permanent whole of person impairment; or
(ii)
the worker is given the decision of an arbitrator as to
the worker’s degree of permanent whole of person impairment,
as is relevant to the
case; and
(b) the
day that is 30 days after the day on which —
(i)
the worker is notified of the recording of an agreement
referred to in section 158B(1)(b)(i) that the worker satisfies all of the
retraining criteria; or
(ii)
the worker is given the decision of an arbitrator as to
whether the worker satisfies all of the retraining criteria,
as is relevant to the
case.
(3) An agreement is to
make provision in relation to —
(a)
course attendance requirements;
(b) the
worker’s role in relation to reviews under section 158H including
attendances and communications with WorkCover WA and providing information in
relation to the performance and cooperation of the worker in the specialised
retraining program;
(c)
acknowledgement by the worker of the effects of this Part relating to the
modification, suspension and cessation of amounts payable in respect of the
worker’s participation in the program.
(4) Any provision of
an agreement that is inconsistent with a provision of this Act is of no effect
to the extent of the inconsistency.
[Section 158E inserted: No. 42 of 2004 s. 119.]