Western Australian Current Acts Western Australian Current Acts (1) Notwithstanding
section 160 if an employer or group of employers has given to the State
securities approved by WorkCover WA that are charged with all payments to
become due under the employer’s or group’s liability for which
insurance would, if there were no exemption, be required by this Act, the
Governor may exempt such employer or group from the obligation to insure
pursuant to this Act except for the obligation to insure against liability to
pay compensation under this Act for, or to pay damages in respect of, any
industrial disease of the kinds referred to in section 151(a)(iii).
(1a) In deciding
whether an exemption should be given under subsection (1), regard may be had
to the number of workers employed and the category of the insurable risks of
the business or businesses of the employer or group, whether the employer or
group has established a fund for insurance against liability for which
insurance would, if there were no exemption, be required by this Act, and the
material and financial resources available in the State to the employer, or
each employer of the group, to comply with the requirements of this Act or the
Employers’ Indemnity Supplementation Fund Act 1980 .
(2) An exemption
granted under section 13 of the repealed Act and current immediately before
the day on which this Part comes into operation is deemed to be an exemption
granted under this Part and subject to review as provided by section 165.
[Section 164 amended: No. 96 of 1990 s. 39; No. 42
of 2004 s. 122 and 150; No. 31 of 2011 s. 107.]