(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.]