Western Australian Current Acts

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 93CC

93CC .         Application of this Subdivision

        (1)         This Subdivision applies to a cause of action arising before the day on which section 79 of the Workers’ Compensation Reform Act 2004 comes into operation, regardless of when the cause of action arose and whether proceedings in respect of the cause of action have commenced, unless —

            (a)         because of section 32(7) of the Workers’ Compensation and Rehabilitation Amendment Act 1999 , the former provisions as defined in section 32(6) of that Act apply to proceedings in respect of the cause of action; or

            (b)         because of Part 2 of the Workers’ Compensation (Common Law Proceedings) Act 2004 , the former provisions as defined in section 4 of that Act apply to proceedings in respect of the cause of action.

        (2)         Despite subsection (1) and section 93CB, this Subdivision applies to a worker who claims to be suffering an injury attributable to the inhalation of asbestos if, before 14 November 2005 —

            (a)         the worker sought to agree the degree of the disability of the worker for the purposes of section 93E; or

            (b)         a dispute as to the degree of the disability of the worker was referred under section 93D(11) to a medical panel for determination.

        [Section 93CC inserted: No. 42 of 2004 s. 75; amended: No. 20 of 2005 s. 21.]