Western Australian Current Acts Western Australian Current Acts (1) In this section
—
response means a notice under section 72F(4) or
72G(3);
response period means the period of 30 days after
the day on which the claim is made on the employer.
(2) Except as provided
in subsection (8), compensation in accordance with Schedule 1A is to be paid
only as specified in an order made under subsection (7).
(3) An application may
be made to the Registrar by or on behalf of the claimant for the claim to be
determined by an arbitrator.
(4) The application
may be made —
(a) at
any time after the claimant receives a response; or
(b) if
the claimant does not receive a response during the response period, at any
time after the end of the response period.
(5) If the application
is made before the claimant receives a response, the application does not
affect the continued operation of section 72F(2) to (6) or 72G(2) to (5),
whichever are applicable, in relation to the claim.
(6) If the application
is made after the claimant receives a response under section 72F(4)(c) or
72G(3)(c), the application does not affect the continued operation of
section 72F(5) or 72G(4), whichever is applicable, in relation to the claim.
(7) An arbitrator must
determine the claim and make an order specifying whether the claimant is
entitled to compensation in accordance with Schedule 1A and, if so, the amount
of compensation to which the claimant is entitled.
(8) If an insurer or
employer accepts liability in respect of compensation to which a person is
entitled under clause 9, the compensation can be paid to the person without an
order having been made under subsection (7).
[Section 72H inserted: No. 8 of 2018 s. 6.]