Western Australian Current Acts Western Australian Current Acts (1) If —
(a) an
action brought by a worker as described in section 174(1AA)(a) proceeds to
judgment as described in section 174(1AA)(c)(i) or is settled by an agreement
of the kind described in section 174(1AA)(c)(ii); and
(b) a
claim on the General Account is made under section 174(1AA) in respect of any
amount due under the judgment or agreement,
WorkCover WA may apply
to the Supreme Court for an order setting aside the judgment or agreement.
(2) The Supreme Court
may set aside the judgment or agreement if satisfied that there are reasonable
grounds for believing that the employer has not taken all reasonable steps to
protect the employer’s own interests.
(3) If the Supreme
Court sets the judgment or agreement aside the costs of the respondent in
relation to the application are to be paid from the General Account unless the
Supreme Court orders otherwise.
(4) The Supreme Court
may make an order about costs under subsection (3) only if satisfied that it
is appropriate to make the order because of the special circumstances
surrounding the giving of the judgment or the making of the agreement.
(5) If a judgment or
agreement is set aside under this section —
(a) the
judgment or agreement is taken never to have had effect for the purpose of any
proceeding in any court; and
(b)
evidence of a statement or communication, or a part of a statement or
communication, tending to establish the existence of the agreement is not
admissible in any proceeding in a court, unless the Supreme Court orders
otherwise.
(6) The Supreme Court
may make an order under subsection (5)(b) only if satisfied that the admission
of the evidence is necessary to avoid injustice to a party to the proceeding.
[Section 174AAA inserted: No. 31 of 2011 s. 114.]