Western Australian Current Acts

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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 292

292 .         Regulations

        (1)         The Governor may make regulations —

            (a)         prescribing such forms as may be necessary or expedient for the purposes of this Act;

            (b)         regulating the operations of the Conciliation Service and the Arbitration Service and the persons who constitute the Conciliation Service and the Arbitration Service;

            (c)         regulating the operations of medical assessment panels, approved medical specialist panels and specialised retraining assessment panels;

            (d)         with respect to matters of general or special application, which may apply to both employers and workers, for the prevention or minimising of occurrences of injuries in employment or places of employment in the State;

            (e)         providing for the allowances to be paid to witnesses, and the circumstances in which, and extent to which, they are to be paid from moneys standing to the credit of the General Account;

            (f)         with respect to the implementation by medical practitioners who issue more than one certificate to a worker for the purposes of this Act of the code of practice (injury management) issued under section 155A(1);

            (g)         with respect to injury management and related matters;

            (h)         with respect to specialised retraining programs and related matters;

                  (i)         prescribing penalties not exceeding $1 000 for any non-compliance with or any contravention of any regulation;

            (j)         regulating the meetings and proceedings of WorkCover WA’s governing body;

            (k)         prescribing the fees and expenses payable with respect to establishing and maintaining registers;

            (l)         prescribing scales of the maximum amount of commission or brokerage for insurance agents and brokers in respect of workers’ compensation insurance business;

            (m)         providing for any matters which by this Act are required or permitted to be prescribed or which may be necessary or convenient to prescribe (either generally or in any particular case) for giving effect to this Act.

        (2)         The Governor, on the recommendation of WorkCover WA, may make regulations —

            (a)         fixing scales of fees to be paid to —

                  (i)         medical specialists and other medical practitioners; and

                  (ii)         dentists; and

                  (iii)         physiotherapists; and

                  (iv)         chiropractors; and

                  (v)         occupational therapists; and

                  (vi)         clinical psychologists; and

                  (vii)         speech pathologists; and

                  (viii)         persons providing treatment of a kind approved for the purposes of the definition of approved treatment in section 5(1),

                for attendance on, and treatment of, workers suffering injuries that are compensable under this Act;

            (b)         fixing scales of fees to be paid to approved vocational rehabilitation providers.

        (3)         The Governor, on the recommendation of WorkCover WA, may make regulations fixing scales of the maximum fees to be paid to approved medical specialists for making or attempting to make assessments referred to in Part VII Division 2.

        (4)         WorkCover WA is not to recommend the making of a regulation under subsection (2) or (3) unless it has first negotiated with any body it considers has a relevant interest in the regulation.

        (5)         Without limiting subsection (4), WorkCover WA is not to recommend the making of a regulation under subsection (2)(a)(i) unless it has first negotiated with the Australian Medical Association (WA) Incorporated.

        (6)         A regulation may require any matter or thing to be verified by statutory declaration.

        (7)         Any regulations made under this section may adopt, either wholly or in part or with modifications and either specifically or by reference, any rules, regulations, codes, instructions or other subordinate legislation made, determined or issued under any other Act or under any Act of the Commonwealth or the United Kingdom, or any of the tables, standards, rules, codes or other specifications of any body specified in the regulations.

        [Section 292 inserted: No. 42 of 2004 s. 130; amended: No. 77 of 2006 Sch. 1 cl. 189(9); No. 31 of 2011 s. 68.]



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