(1) When section 81(1)
of the Workers’ Compensation Reform Act 2004 comes into operation, the
name of the body corporate that was previously called the
“Workers’ Compensation and Rehabilitation Commission”
becomes the “WorkCover Western Australia Authority”, but the
corporate identity of the body corporate and its rights and obligations are
not affected by the change.
(2) The WorkCover
Western Australia Authority —
(a) is a
body corporate with perpetual succession and a common seal; and
(b) may
acquire, hold, and dispose of real and personal property; and
(c) may
sue and be sued in its corporate name; and
(d) may,
subject to the directions of the Minister, exercise and discharge the powers,
authorities, functions, and duties conferred or imposed upon it by this Act.
(2a) The WorkCover
Western Australia Authority is an agent of the State and has the status,
immunities, and privileges of the State.
(2b) The WorkCover
Western Australia Authority is to have a governing body that, in the name of
the WorkCover Western Australia Authority, is to perform the functions of the
WorkCover Western Australia Authority under this Act or any other written law.
(3) Notwithstanding
subsection (1), the WorkCover Western Australia Authority may use and operate
under the name “WorkCover Western Australia”, which it may
abbreviate as “WorkCover WA” or “WorkCover”.
(4) A person other
than WorkCover WA who uses or operates under the name mentioned in subsection
(1), or any name that is so similar that it is likely to be misunderstood as
referring to WorkCover WA, commits an offence.
[Section 94 amended: No. 86 of 1986 s. 8; No. 48
of 1993 s. 40; No. 42 of 2004 s. 81 and 150.]