Western Australian Current Acts Western Australian Current Acts (1) Damages are not to
be awarded in respect of the infection of a worker by HIV but damages may be
awarded in respect of the contraction of AIDS unless it results from the
unlawful use of any prohibited drug or from voluntary sexual activity.
(2) A worker who has
contracted AIDS has, for the purposes of this Subdivision, a degree of
permanent whole of person impairment resulting from the disease of at least
25%.
(3) A certificate in
writing by a medical practitioner to the effect that the worker has contracted
AIDS is to be recorded by the Director under section 93L(2), and otherwise
treated for the purposes of this Subdivision, as if it included an assessment
that the worker’s degree of permanent whole of person impairment
resulting from the disease was at least 25%.
(4) The regulations
may make provision for methods of deciding for the purposes of this section
whether a worker has contracted AIDS.
(5) Part VII Division
2 does not apply to the degree of permanent whole of person impairment of a
worker resulting from the contraction of AIDS.
(6) For the purposes
of this Subdivision and any limitation on the period within which proceedings
may be commenced to recover damages for that cause, the cause of action of a
worker who has contracted AIDS is to be taken to have arisen when a
certificate is first given in writing by a medical practitioner to the effect
that the worker has contracted AIDS.
[(7) deleted]
(8) In this section
—
AIDS means acquired immune deficiency syndrome;
HIV means human immunodeficiency virus;
prohibited drug has the meaning given to that term
by the Misuse of Drugs Act 1981 section 3.
[Section 93Q inserted: No. 42 of 2004 s. 79;
amended: No. 31 of 2020 s. 11.]