Western Australian Current Acts

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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 182K

182K .         Weekly payments etc., conciliation officers may direct etc.

        (1)         This section applies in relation to the employer and worker who are parties to the dispute.

        (2)         The conciliation officer may direct that weekly payments of compensation be made by the employer to the worker if the conciliation officer considers that it would be reasonable to expect that the resolution or determination of the dispute under this Part would result in weekly payments of compensation becoming payable.

        (3)         The conciliation officer is not to direct that weekly payments of compensation be made —

            (a)         for a period that exceeds 12 weeks; or

            (b)         if 2 or more directions are given: for periods the aggregate of which exceeds 12 weeks.

        (4)         The conciliation officer may direct that a payment be made by the employer in respect of a compensation entitlement under clause 17 or 19 ( statutory expenses ) if the conciliation officer considers that it would be reasonable to expect that the resolution or determination of the dispute under this Part would result in statutory expenses becoming payable.

        (5)         The conciliation officer is not to direct payment in respect of statutory expenses —

            (a)         of an amount that exceeds 5% of the prescribed amount; or

            (b)         if 2 or more directions are given: of amounts the aggregate of which exceeds 5% of the prescribed amount.

        (6)         A payment made by a party in accordance with a direction under subsection (2) or (4) —

            (a)         is not an admission of liability by the party; and

            (b)         does not prevent a question of liability from being heard and determined on an application under section 58 or otherwise under this Act as if the payment had not been made.

        (7)         The conciliation officer, or another conciliation officer, may, by further direction, vary, suspend or revoke a direction previously given under subsection (2) or (4) or this subsection.

        (8)         When a direction under subsection (2) or (4) is revoked the obligation to pay compensation under the direction ceases.

        (9)         The revocation of a direction given under subsection (2) or (4) does not affect the requirement to pay the compensation before the revocation.

        [Section 182K inserted: No. 31 of 2011 s. 6.]



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