Western Australian Current Acts

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 182

182 .         Who is to be given a copy of an application

        (1)         When an application for arbitration is accepted the applicant is to give a copy of the application to —

            (a)         each other party; and

            (b)         any other person entitled under this Act to a copy of, or notice of, the application; and

            (c)         any person to whom the applicant is directed by the Registrar to give a copy of the application.

        (2)         Subsection (1) does not require the applicant to give a copy of the application to a person mentioned in subsection (1) (a notifiable person ) if —

            (a)         the Registrar has undertaken to give a copy of the application to the notifiable person; or

            (b)         under subsection (3) an arbitrator dispenses with the requirement to give a copy of the application to a notifiable person.

        (3)         An arbitrator may make an order dispensing with the requirement to give a copy of an application to a notifiable person specified in the order if satisfied —

            (a)         that the applicant has made all reasonable attempts to give a copy of the application to the notifiable person but has been unsuccessful; or

            (b)         that the hearing of the application without notice to the notifiable person would not cause injustice.

        (4)         The arbitration rules may provide for the manner in which and time within which subsection (1) is to be complied with.

        [Section 182 inserted: No. 42 of 2004 s. 130; amended: No. 31 of 2011 s. 43, 75 and 76.]