Western Australian Current Acts Western Australian Current Acts (1) Where weekly
payments for a permanent total or permanent partial incapacity resulting from
an injury other than mesothelioma have continued for not less than 6 months,
the liability for the incapacity is to be redeemed by the payment of a lump
sum if —
(a) with
the consent of the worker and the employer, an order is made under Part XI
that the liability for the incapacity is to be redeemed by the payment of a
lump sum of an amount specified in the order; or
(b) the
worker and the employer agree to the redemption, and on the amount of the lump
sum, and a memorandum of the agreement is registered under Division 7.
(2) When a memorandum
of an agreement under subsection (1) is sent to the Director as required by
section 76, a statement of the benefits paid under this Act before the
agreement was made is to be sent with the memorandum.
(3) The statement is
to be provided by the employer or the employer’s insurer.
(4) Where permanent
incapacity has resulted from mesothelioma and any weekly payment has been
made, or the worker is entitled to any weekly payment, the liability for the
incapacity shall, on the application of the worker, be redeemed by the payment
of a lump sum to be determined, in default of agreement, by an arbitrator, and
such lump sum may be ordered by the arbitrator to be paid to or invested or
otherwise applied for the benefit of the person entitled to the lump sum.
(5) Where an order is
made under subsection (1)(a) or (4), or an agreement is made under subsection
(1)(b) and registered under Division 7, for the redemption of a liability for
incapacity, from —
(a) the
date specified in the order or agreement as the date on which weekly payments
of compensation are to cease; or
(b) if
no such date is specified, the date of the order or the date of registration
of the agreement, as the case may be,
the worker is not
entitled to further weekly payments of compensation for incapacity, and
clauses 9, 10, 17, 18, 18A and 19 cease to apply to the worker.
(6) The regulations
may make provision as to details that are to be specified in a consent order,
or an agreement registered under Division 7, for payment of a lump sum.
(7) Where an order is
made under subsection (1)(a) or (4), or an agreement is made under subsection
(1)(b) and registered under Division 7, for the redemption of a liability for
incapacity the employer must pay or cause to be paid the lump sum within 14
days after the date referred to in subsection (5).
Penalty: a fine of $2 000.
[Section 67 amended: No. 44 of 1985 s. 21; No. 48
of 1993 s. 36; No. 33 of 1999 s. 4; No. 34 of 1999 s. 14; No. 42 of 2004
s. 55, 146 and 147; No. 31 of 2011 s. 26 and 93.]