Western Australian Current Acts

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 72J

72J .         Manner of payment of child’s allowance

        (1)         This section applies if an order (the compensation order ) is made under section 72H(7) for the payment of compensation to which a dependant of a deceased worker (the dependant ) is entitled under clause 8 (the child’s allowance ).

        (2)         The compensation order must provide for amounts in respect of the child’s allowance to be paid to WorkCover WA by the insurer or employer weekly or at such other intervals as are specified in the order.

        (3)         WorkCover WA must make periodic payments of the child’s allowance to the dependant as specified in the compensation order but no payment is to be made in advance of a periodic payment or by way of commutation.

        (4)         Payments to and by WorkCover WA under subsections (2) and (3) are to continue as long as the dependant remains entitled to the child’s allowance but, subject to clause 8(6), if the entitlement is based on the dependant being a full-time student payments may be suspended if proof of participation in full-time study is not provided when and in the manner required by WorkCover WA.

        (5)         Despite subsections (2) and (4), the liability to make payments under subsection (2) may be fully discharged by the payment to WorkCover WA of an amount calculated in accordance with the regulations as being the full amount of the child’s allowance that will be payable on the assumption that the child’s allowance will be payable to the dependant until the dependant attains the age of 21 years.

        (6)         An application by the insurer or employer to pay an amount under subsection (5) may be made to WorkCover WA in the approved form when, or at any time after, the compensation order is made.

        (7)         If an amount paid to WorkCover WA under subsection (2) or (5) has been credited to the Trust Account under section 110(2)(b) and the entitlement of the dependant to the child’s allowance ends before the amount has been exhausted by periodic payments under subsection (3), any surplus moneys standing to the credit of the Trust Account must be transferred to the General Account.

        (8)         On application being made to the Registrar by or on behalf of the claimant, an arbitrator may make an order varying the terms of the compensation order in relation to a matter mentioned in subsection (2) or (3).

        [Section 72J inserted: No. 8 of 2018 s. 6.]