Western Australian Current Acts

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 24B

24B .         Election under s. 24 or 24A

        (1)         A worker elects for the purposes of section 24 or 24A(1) where —

            (a)         the worker signs a prescribed form of election containing prescribed particulars in respect of the relevant injury or hearing loss; and

            (b)         that form of election is filed with the Director, and a copy of it is served by or on behalf of the worker on the employer who, in the case of an election for the purposes of section 24A, shall be the employer who last employed the worker in employment to the nature of which noise induced hearing loss is due.

        (2)         A form of election referred to in subsection (1) is not binding upon a worker unless the Director is satisfied that it contains a statement in clear terms of the effect the election will have on the worker’s future entitlements to compensation under this Act.

        (3)         If not satisfied in accordance with subsection (2), the Director shall within 7 days notify the employer and the worker accordingly.

        (4)         Subject to this Act, a worker who elects as provided by subsection (1) is entitled to continue to receive any weekly payments of compensation to which he or she is entitled until —

            (a)         an agreement with respect to the election is registered under section 76; or

            (b)         an order of an arbitrator is made with respect to the amount of compensation payable pursuant to the election,

                whichever is sooner.

        (5)         Where a worker makes an election under subsection (1) for the purposes of section 24A, this Division and Part XI shall apply as if the noise induced hearing loss in respect of which the election was made was a compensable personal injury by accident arising out of or in the course of the worker’s employment and for that purpose a reference to the time or date of the personal injury by accident shall, in respect of compensable noise induced hearing loss, be construed as a reference to the date of the audiometric test under Schedule 7 that showed that a loss or diminution of the worker’s hearing had been incurred.

        [Section 24B inserted: No. 36 of 1988 s. 6; amended: No. 48 of 1993 s. 28(1); No. 34 of 1999 s. 8; No. 42 of 2004 s. 17 and 149.]