Western Australian Current Acts

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 4

4 .         Application of Act generally

        (1)         In this section proclaimed date means the date on which this section comes into operation.

        (2)         This Act —

            (a)         applies to and in respect of —

                  (i)         liability and the extent of liability to pay compensation and to pay for the provision of other benefits; and

                  (ii)         the requirement to obtain and keep current a policy of insurance for the full amount of that liability; and

                  (iii)         entitlement and the extent of entitlement to receive compensation and other benefits,

                in relation to injury or death, as set out in the following cases —

                  (iv)         for incapacity occurring, or continuing to occur, on or after the proclaimed date, whether the injury from which the incapacity resulted occurred or first occurred before, on, or after that date, but in the case of an injury which occurred before that date, only if that injury was, or was deemed to be, a compensable injury under the repealed Act;

                  (v)         for injuries and impairments from injury mentioned in Schedule 2, whether the date of the accident whereby that injury was caused to the worker occurred before, on, or after that date, but in the case of an accident which occurred before that date only if that injury was an injury under the Second Schedule of the repealed Act;

                  (vi)         for death which occurs on or after the proclaimed date, where death resulted from an injury which occurred or first occurred before, on, or after the proclaimed date, but in the case of an injury which occurred before that date only if that injury was, or was deemed to be, a compensable injury under the repealed Act;

                  (vii)         for death which occurs on or after the proclaimed date, where death did not result from the injury but for the purposes of clause 5 the period of 6 months referred to in that clause commenced before, on, or after that date;

                  (viii)         for weekly amounts payable to children in respect of periods on and after the proclaimed date for death which occurred before, on, or after that date;

                  (ix)         for such expenses as are provided for in clauses 4, 9, 17, 18, and 19, incurred on and after the proclaimed date, and for amounts payable under clause 10 for absences from work, on or after the proclaimed date whether the events or circumstances giving rise to those expenses or absences from work occurred or first occurred before, on, or after the proclaimed date, but in the case of events or circumstances which occurred before that date only if they would have given rise to payment of those expenses or for absences from work under the repealed Act;

                and

            (b)         applies to and in respect of the injury management of a worker under Part IX, whether the injury referred to in that Part occurred or first occurred before, on, or after the proclaimed date; and

            (c)         applies to and in respect of the exercise of functions and powers and the performance of duties in relation, and incidental, to the matters referred to in paragraphs (a) and (b).

        [Section 4 amended: No. 42 of 2004 s. 7, 146 and 147.]