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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SCHEDULE 8

[s. 325]

        [Heading inserted: No. 31 of 2011 s. 74.]

Division 1 — Workers’ Compensation and Injury Management Amendment Act 2011

        [Heading inserted: No. 8 of 2018 s. 13.]

1 .         Terms used

                In this Division —

        amended provisions means this Act as amended by the amending Act;

        amending Act means the Workers’ Compensation and Injury Management Amendment Act 2011 ;

        commencement day means the day of the coming into operation of section 6 of the amending Act;

        Commissioner has the meaning given in section 5(1) of the former provisions;

        dispute has the meaning given in section 176(1);

        DRD has the meaning given in section 5(1) of the former provisions;

        DRD Rules has the meaning given in section 5(1) of the former provisions;

        former provisions means this Act as enacted before the commencement day;

        pending arbitration proceeding means a dispute —

            (a)         in respect of which an application has been made under section 181 of the former provisions; and

            (b)         which has not been determined by an arbitrator before the commencement day;

        pending Court of Appeal matter means —

            (a)         a case stated to the Court of Appeal under section 251 of the former provisions; or

            (b)         an appeal to the Court of Appeal under section 254 of the former provisions (including an application under that section for leave to appeal),

        which has not been determined by the Court of Appeal before the commencement day;

        pending Part XII application means an application under Part XII of the former provisions which has not been determined by an arbitrator before the commencement day;

        pending Part XIII matter means —

            (a)         a reference of a question of law to the Commissioner under section 246 of the former provisions; or

            (b)         an appeal to the Commissioner under section 247 of the former provisions (including an application under that section for leave to appeal),

        which has not been determined by the Commissioner before the commencement day.

        [Clause 1 inserted: No. 31 of 2011 s. 74.]

2 .         Pending arbitration proceedings

        (1)         Subject to subclause (2), a pending arbitration proceeding is to be dealt with and determined under Part XI Division 4 of the amended provisions.

        (2)         If the Registrar certifies in writing that a pending arbitration proceeding in relation to a dispute has not been the subject of conciliation under section 185 of the former provisions before the commencement day, the dispute is taken to be the subject of an application for conciliation under the amended provisions.

        (3)         The Director may give directions for the purpose of dealing with issues arising in relation to a pending arbitration proceeding to which subclause (2) applies.

        (4)         Directions given under subclause (3) may modify the amended provisions, or the conciliation rules or the regulations, to such extent as is necessary or expedient to enable the dispute to be resolved by conciliation under Part XI Division 3 of the amended provisions.

        [Clause 2 inserted: No. 31 of 2011 s. 74.]

3 .         Pending Part XII applications

        (1)         A pending Part XII application is to continue to be dealt with and determined by an arbitrator as if the amending Act had not been enacted.

        (2)         Without limiting subclause (1), Part XII of the former provisions and the DRD Rules continue to have effect in relation to pending Part XII applications despite sections 12 and 77 of the amending Act.

        [Clause 3 inserted: No. 31 of 2011 s. 74.]

4 .         DRD records

        (1)         In this clause —

        DRD records means records of the DRD relating to pending arbitration proceedings and pending Part XII applications.

        (2)         The Director and the Registrar may make such arrangements for the disposition of DRD records between the Conciliation Service and the Arbitration Service as are necessary to facilitate the operation of clauses 2 and 3.

        [Clause 4 inserted: No. 31 of 2011 s. 74.]

5 .         Pending Part XIII matters

        (1)         A pending Part XIII matter is to continue to be dealt with and determined by the Commissioner as if the amending Act had not been enacted.

        (2)         Without limiting subclause (1), sections 245 to 253 of the former provisions and the DRD Rules continue to have effect in relation to pending Part XIII matters despite sections 13 to 18 and 77 of the amending Act.

        [Clause 5 inserted: No. 31 of 2011 s. 74.]

6 .         Pending Court of Appeal matters

        (1)         A pending Court of Appeal matter is to continue to be dealt with and determined by the Court of Appeal as if the amending Act had not been enacted.

        (2)         Without limiting subclause (1), section 254(3) to (6) of the former provisions continue to have effect in relation to pending Court of Appeal matters despite section 19 of the amending Act.

        [Clause 6 inserted: No. 31 of 2011 s. 74.]

7 .         Further Court of Appeal matters

        (1)         Despite section 19 of the amending Act, section 254 of the former provisions —

            (a)         continues to apply to a decision made by the Commissioner under Part XIII of the former provisions before the commencement day as if the amending Act had not been enacted; and

            (b)         applies to a decision made by the Commissioner after the commencement day in a pending Part XIII matter dealt with under clause 5.

        (2)         The following matters may be dealt with and determined by the Court of Appeal as if the amending Act had not been enacted —

            (a)         a case stated to the Court of Appeal under section 251 of the former provisions in relation to a question of law arising in a pending Part XIII matter that is being dealt with under clause 5;

            (b)         an appeal to the Court of Appeal under section 254 of the former provisions as continued or applied by subclause (1)(a) or (b).

        [Clause 7 inserted: No. 31 of 2011 s. 74.]

8 .         Continuation of Commissioner’s appointment

                Despite section 21 of the amending Act the appointment of the Commissioner and Part XVII Division 2 of the former provisions continue to have effect for the purposes of —

            (a)         clause 5(1); and

            (b)         the receipt and reconsideration of matters sent back under section 254(3)(c) of the former provisions in a pending Court of Appeal matter or a matter mentioned in clause 7(2)(b).

        [Clause 8 inserted: No. 31 of 2011 s. 74.]

Division 2 — Workers’ Compensation and Injury Management Amendment Act 2018

        [Heading inserted: No. 8 of 2018 s. 14.]

9 .         Terms used

                In this Division —

        commencement day means the day of the coming into operation of the Workers’ Compensation and Injury Management Amendment Act 2018 section 6;

        former provisions means the following as in force before the commencement day —

            (a)         the definitions in section 5(1) of child’s allowance , de facto partner , dependants , member of a family , notional residual entitlement , NRE amount and spouse ;

            (b)         sections 18 and 218;

            (c)         Schedule 1 heading and clauses 1 to 5 and 17(2);

            (d)         Schedule 5 clauses 6(c) and 7(c).

        [Clause 9 inserted: No. 8 of 2018 s. 14.]

10 .         Former provisions apply to deaths before commencement day

        (1)         Except as provided in subclause (2), if an injury of a worker occurred and the worker died before the commencement day, the former provisions apply in relation to the injury and death as if they were still in force.

        (2)         On and from the commencement day the child’s allowance that a person is entitled to receive under the former provisions as applied by subclause (1) is the child’s allowance as defined in Schedule 1A clause 5.

        Note for this clause:

                The former provisions are set out in Reprint 11 of the Workers’ Compensation and Injury Management Act 1981 as at 13 February 2015.

        [Clause 10 inserted: No. 8 of 2018 s. 14.]


Notes

This is a compilation of the Workers’ Compensation and Injury Management Act 1981 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title

Number and year

Assent

Commencement

Workers’ Compensation and Assistance Act 1981 9

86 of 1981

23 Nov 1981

3 May 1982 (see s. 2 and Gazette 8 Apr 1982 p. 1205)

Workers’ Compensation and Assistance Amendment Act 1983

16 of 1983

7 Nov 1983

7 Nov 1983

Workers’ Compensation and Assistance Amendment Act (No. 2) 1983

79 of 1983

22 Dec 1983

22 Dec 1983

Health Legislation Amendment Act 1984 Pt. XXIV

28 of 1984

31 May 1984

1 Jul 1984 (see s. 2 and Gazette 15 Jun 1984 p. 1629)

Workers’ Compensation and Assistance Amendment Act 1984 10

104 of 1984

19 Dec 1984

19 Dec 1984 (see s. 2)

Workers’ Compensation and Assistance Amendment Act 1985 11-14

44 of 1985

20 May 1985

s. 1 and 2: 20 May 1985;
s. 3(1) and (2) and 26:
20 May 1985 (see s. 2(1));
s. 3(3), 4- 9, 13- 18, 21, 22, 24, 27- 37, 39- 43: 28 Jun 1985 (see s. 2(2) and Gazette 14 Jun 1985 p. 2134);
s. 25: 1 Jul 1985 (see s. 2(3)); s. 20: 25 Oct 1985 (see s. 2(2) and Gazette 25 Oct 1985 p. 4100);
s. 23: 7 Feb 1986 (see s. 2(2) and Gazette 7 Feb 1986 p. 425);




s. 38: 25 Jul 1986 (see s. 2(2) and Gazette 25 Jul 1986 p. 2453)

Acts Amendment (Financial Administration and Audit) Act 1985 s. 3

98 of 1985

4 Dec 1985

1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255)

Workers’ Compensation and Assistance Amendment Act 1986 15

33 of 1986

1 Aug 1986

1 Aug 1986 (see s. 2)

State Government Insurance Commission Act 1986 s. 46(2)

51 of 1986

5 Aug 1986

1 Jan 1987 (see s. 2 and Gazette 19 Dec 1986 p. 4859)

Workers’ Compensation and Assistance Amendment Act (No. 2) 1986

85 of 1986

5 Dec 1986

Act other than s. 7 and 11: 5 Dec 1986 (see s. 2(1));
s. 7 and 11: 22 May 1987 (see s. 2(2) and Gazette 22 May 1987 p. 2167)

Acts Amendment (Workers’ Compensation and Assistance) Act 1986 Pt. III

86 of 1986

5 Dec 1986

2 Jan 1987

Reprint of the Workers’ Compensation and Assistance Act 1981 as at 6 Feb 1987 (includes amendments listed above except those in the Workers’ Compensation and Assistance Amendment Act (No. 2) 1986 s. 7 and 11)

Workers’ Compensation and Assistance Amendment Act 1987 16

21 of 1987

25 Jun 1987

23 Jul 1987

Acts Amendment (Legal Practitioners, Costs and Taxation) Act 1987 Pt. VII

65 of 1987

1 Dec 1987

12 Feb 1988 (see s. 2(2) and Gazette 12 Feb 1988 p. 397)

Workers’ Compensation and Assistance Amendment Act 1988 Pt. 2

36 of 1988

24 Nov 1988

1 Mar 1991 (see s. 2 and Gazette 1 Mar 1991 p. 967)

Workers’ Compensation and Assistance Amendment Act 1990 17, 18

96 of 1990

22 Dec 1990

s. 1 and 2: 22 Dec 1990;
Act other than s. 1 and 2: 8 Mar 1991 (see s. 2 and Gazette 8 Mar 1991 p. 1030)

Reprint of the Workers’ Compensation and Rehabilitation Act 1981 as at 9 Oct 1991 (includes amendments listed above) (errata in Gazette 1 May 1992 p. 1866)

Acts Amendment (Parliamentary, Electorate and Gubernatorial Staff) Act 1992 Pt. 6

40 of 1992

2 Oct 1992

3 Nov 1992 (see s. 2 and Gazette 3 Nov 1992 p. 5389)

Workers’ Compensation and Rehabilitation Amendment Act (No. 2) 1992

72 of 1992

15 Dec 1992

s. 1 and 2: 15 Dec 1992;
Act other than s. 1, 2, 6-8: 24 Dec 1992 (see s. 2 and Gazette 24 Dec 1992 p. 6277);
s. 6- 8: 5 Feb 1993 (see s. 2 and Gazette 5 Feb 1993 p. 975)

Employers’ Indemnity Supplementation Fund Amendment Act 1993 s. 14

1 of 1993

19 Jul 1993

19 Jul 1993 (see s. 2)

Financial Administration Legislation Amendment Act 1993 s. 11

6 of 1993

27 Aug 1993

1 Jul 1993 (see s. 2(1))

Mines Regulation Amendment Act 1993 s. 13

30 of 1993

16 Dec 1993

24 Dec 1993 (see s. 2 and Gazette 24 Dec 1993 p. 6796)

Workers’ Compensation and Rehabilitation Amendment Act 1993 19-26

48 of 1993
(as amended by No. 34 of 1999 Pt. 3 and No. 42 of 2004 s. 172)

20 Dec 1993

Pt. 1-3: 20 Dec 1993 (see s. 2(1));
s. 21, 23, 25, 28(1) (only so far as it gives effect to Sch. 1 cl. 13, 14, 27(a)(i), (b)(i) and (c) and 31) of Pt. 4, and Pt. 5 (other than s. 36- 38, 41 and 43): 24 Dec 1993 (see s. 2(2) and Gazette 24 Dec 1993 p. 6795);
balance: 1 Mar 1994 (see s. 2(2) and Gazette 24 Dec 1993 p. 6795)

Reprint of the Workers’ Compensation and Rehabilitation Act 1981 as at 14 Mar 1994 (includes amendments listed above)

Acts Amendment (Public Sector Management) Act 1994 s. 19

32 of 1994

29 Jun 1994

1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)

Mines Safety and Inspection Act 1994 s. 109

62 of 1994

7 Nov 1994

9 Dec 1995 (see s. 2 and Gazette 8 Dec 1995 p. 5935)

Hospitals Amendment Act 1994 s. 18

103 of 1994

11 Jan 1995

3 Feb 1995 (see s. 2 and Gazette 3 Feb 1995 p. 333)

Occupational Safety and Health Legislation Amendment Act 1995 s. 48

30 of 1995

11 Sep 1995

1 Oct 1995 (see s. 2 and Gazette 15 Sep 1995 p. 4301)

Sentencing (Consequential Provisions) Act 1995 Pt. 84

78 of 1995

16 Jan 1996

4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632)

Local Government (Consequential Amendments) Act 1996 s. 4

14 of 1996

28 Jun 1996

1 Jul 1996 (see s. 2)

Financial Legislation Amendment Act 1996 s. 64

49 of 1996

25 Oct 1996

25 Oct 1996 (see s. 2(1))

Acts Amendment (ICWA) Act 1996 Sch. 1 it. 16 27

45 of 1996
(as amended by No. 42 of 2004 s. 155)

25 Oct 1996

1 Jul 2012 (see s. 2 and Gazette 8 Jun 2012 p. 2385)

Reprint of the Workers’ Compensation and Rehabilitation Act 1981 as at 29 Jan 1999 (includes amendments listed above except those in the Acts Amendment (ICWA) Act 1996 )

Workers’ Compensation and Rehabilitation Amendment Act (No. 2) 1999 28

33 of 1999

5 Oct 1999

5 Oct 1999 (see s. 2)

Workers’ Compensation and Rehabilitation Amendment Act 1999 29-31

34 of 1999
(as amended by No. 37 of 1999 s. 3) (as affected by No. 35 of 2004 Pt. 2)

5 Oct 1999

s. 5, 14, 15, 32, 48(a)(iv), 53(a), (c) and (d)(ii): 5 Oct 1999 (see s. 2(1));
Act other than s. 5, 14, 15, 32, 48(a)(iv), 53(a), (c) and (d)(ii): 15 Oct 1999 (see s. 2(2) and Gazette 15 Oct 1999 p. 4889 (correction in Gazette 19 Nov 1999 p. 5797))

Workers’ Compensation and Rehabilitation Amendment Act 2000

44 of 2000

17 Nov 2000

Act other than s. 1, 2 and 4(2)(b): 5 Oct 1999 (see s. 2(1));
s. 1, 2 and 4(2)(b): 17 Nov 2000 (see s. 2(2))

Corporations (Consequential Amendments) Act 2001 Pt. 57

10 of 2001

28 Jun 2001

15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13 Jul 2001 No. S285)

Reprint of the Workers’ Compensation and Rehabilitation Act 1981 as at 14 Sep 2001 (includes amendments listed above except those in the Acts Amendment (ICWA) Act 1996 )

Acts Amendment (Equality of Status) Act 2003 Pt. 63

28 of 2003

22 May 2003

1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579)

Racing and Gambling Legislation Amendment and Repeal Act 2003 Pt. 15

35 of 2003

26 Jun 2003

1 Aug 2003 (see s. 2 and Gazette 29 Jul 2003 p. 3259)

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 72 and 96

65 of 2003

4 Dec 2003

1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722)

Statutes (Repeals and Minor Amendments) Act 2003 s. 134

74 of 2003

15 Dec 2003

15 Dec 2003 (see s. 2)

Workers’ Compensation (Common Law Proceedings) Act 2004

35 of 2004

25 Oct 2004

s. 5(1) and (2): 5 Oct 1999 (see s. 2(2));
Act other than s. 5(1) and (2): 25 Oct 2004 (see s. 2(1))

Workers’ Compensation and Rehabilitation Amendment (Cross Border) Act 2004 32

36 of 2004 (as amended by this Act s. 16, 17(5) and 19)

28 Oct 2004

s. 1 and 2: 28 Oct 2004;
Act other than s. 1, 2 and Pt. 3: 22 Dec 2004 (see s. 2 and Gazette 21 Dec 2004 p. 6143);
Pt. 3: 14 Nov 2005 (see s. 2(2) and Gazette 1 Nov 2005 p. 4975)

Workers’ Compensation Reform Act 2004 33, 34

42 of 2004
(as amended by No. 16 of 2005 s. 4- 7)

9 Nov 2004

s. 1 and 2: 9 Nov 2004; s. 3, 4(b), 5, 8(1) in so far as it deletes the definitions of Commission , Committee , Executive Director and the Chairman of the Commission , s. 8(2) in so far as it inserts the definitions of chief executive officer , the Chairman of WorkCover WA , and WorkCover WA , s. 8(3)(a), (b), (d), (e) and (i), 9, 19, 23- 26, 28- 35, 38- 39, 40(a), 55(3)(b), 57(a) and (b), 64, 65(1), 80- 86, 87(8), 88(1)-(4), 89- 91, 93(a), (c), and (d), 94- 95, 97, 98(1), (2) and (3)(a), 99- 100, 101(1), 102, 111-113, 115-117, 122, 123(1)-(5), 124, 125(1), 126(1), (2), (3) and (5), 127, 131, 133, 135, 137-138, 140, 141(4)(a), (5)(a), (8)-(14), (15)(a), (c) and (d), and (21), 143(2), 150- 153 and Pt. 4 (other than Div. 3): 4 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7131);
s. 4(a) and (c), 6 and 7, 8(1) other than the definitions of Commission , Committee , Executive Director and the Chairman of the Commission , s. 8(2) other than the definitions of chief executive officer , the Chairman of WorkCover WA , and WorkCover WA , s. 8(3)(c), (f)-(h) and (4)-(5), 11- 18, 20- 22, 27, 36, 37, 40(b), 41- 54, 55(1), (2), (3)(a) and (4), 56, 57(c)-(e), 58- 63, 65(2), 66- 79, 87(1)-(7), 88(5), 92, 93(b), 96, 98(3)(b) and (c), 101(2), (3) and (4)(b), 103- 110, 114, 118, 119, 120(2) and (3), 121, 123(6), 125(2), 126(4), 128-130, 132, 134, 136, 139, 141(1)-(3), (4)(b), (5)(b), (6), (7), (15)(b) and (e), (16)-(20), (22)-(25), 142, 143(1), 144-149, 154 and 182- 188: 14 Nov 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7131 and 17 Jun 2005 p. 2657);




Para (b) of proclamation published 31 Dec 2004 p. 7131 revoked (see Gazette 17 Jun 2005 p. 2657);
s. 10 repealed by No. 16 of 2005 s. 4;
s. 101(4)(a) deleted by No. 16 of 2005 s. 5;
s. 120(1) repealed by No. 16 of 2005 s. 6

Acts Amendment (Court of Appeal) Act 2004 s. 37 (Sch. 1 cl. 28) 35

45 of 2004
(as amended by No. 16 of 2005 s. 31)

9 Nov 2004

1 Feb 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163)

Courts Legislation Amendment and Repeal Act 2004 Pt. 19

59 of 2004

23 Nov 2004

1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)

Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 78 and 80 (Sch. 2 cl. 156 and 157) 36

84 of 2004 (as amended by No. 2 of 2008 s. 78(10))

16 Dec 2004

s. 78 and 80 (Sch. 2 cl. 156 and 157 — the amendment to s. 188B(3)): 2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))

Reprint 6: The Workers’ Compensation and Injury Management Act 1981 as at 5 Aug 2005 (includes amendments listed above except those in the Acts Amendment (ICWA) Act 1996 and the Workers’ Compensation and Rehabilitation Amendment (Cross Border) Act 2004 Pt. 3 and certain provisions of the Workers’ Compensation Reform Act 2004 )

Workers’ Compensation Legislation Amendment Act 2005 Pt. 3, 4 and s. 32 37, 38

16 of 2005

27 Sep 2005

s. 30(1) and (2): 1 Jul 2005 (see s. 2(2));
s. 30(3): 27 Sep 2005 (see s. 2(1));
Pt. 3 and s. 32: 14 Nov 2005 (see s. 2(3))

Limitation Legislation Amendment and Repeal Act 2005 Pt. 9

20 of 2005

15 Nov 2005

15 Nov 2005 (see s. 2(2))

Chiropractors Act 2005 Sch. 3 cl. 8 39

31 of 2005

12 Dec 2005

1 Aug 2007 (see s. 2 and Gazette 31 Jul 2007 p. 3789)

Reprint 7: The Workers’ Compensation and Injury Management Act 1981 as at 3 Feb 2006 (includes amendments listed above except those in the Acts Amendment (ICWA) Act 1996 and the Chiropractors Act 2005 )

Financial Legislation Amendment and Repeal Act 2006 s. 4 and Sch. 1 cl. 189

77 of 2006

21 Dec 2006

1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)

Criminal Law and Evidence Amendment Act 2008 s. 73

2 of 2008

12 Mar 2008

27 Apr 2008 (see s. 2 and Gazette 24 Apr 2008 p. 1559)

Duties Legislation Amendment Act 2008 Sch. 1 cl. 42

12 of 2008

14 Apr 2008

1 Jul 2008 (see s. 2(d))

Legal Profession Act 2008 s. 713

21 of 2008

27 May 2008

1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511)

Medical Practitioners Act 2008 Sch. 3 cl. 54

22 of 2008

27 May 2008

1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989)

Reprint 8: The Workers’ Compensation and Injury Management Act 1981 as at 8 May 2009 (includes amendments listed above except those in the Acts Amendment (ICWA) Act 1996 )

Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 139

8 of 2009

21 May 2009

22 May 2009 (see s. 2(b))

Acts Amendment (Bankruptcy) Act 2009 s. 94

18 of 2009

16 Sep 2009

17 Sep 2009 (see s. 2(b))

Police Amendment Act 2009 s. 25

42 of 2009

3 Dec 2009

13 Mar 2010 (see s. 2(b) and Gazette 12 Mar 2010 p. 941)

Statutes (Repeals and Minor Amendments) Act 2009 s. 17

46 of 2009

3 Dec 2009

4 Dec 2009 (see s. 2(b))

Standardisation of Formatting Act 2010 s. 4, 42(3) and 51

19 of 2010

28 Jun 2010

11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)

Health Practitioner Regulation National Law (WA) Act 2010 Pt. 5 Div. 50

35 of 2010

30 Aug 2010

18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075-6)

Public Sector Reform Act 2010 s. 89

39 of 2010

1 Oct 2010

1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)

Petroleum and Energy Legislation Amendment Act 2010 s. 186

42 of 2010

28 Oct 2010

25 May 2011 (see s. 2(b) and Gazette 24 May 2011 p. 1892)

Reprint 9: The Workers’ Compensation and Injury Management Act 1981 as at 25 Feb 2011 (includes amendments listed above except those in the Acts Amendment (ICWA) Act 1996 and the Petroleum and Energy Legislation Amendment Act 2010 )

Workers’ Compensation and Injury Management Amendment Act 2011

31 of 2011

31 Aug 2011

s. 1 and 2: 31 Aug 2011 (see s. 2(a));
s. 3 and Pt. 3 other than s. 123(2)-(7): 1 Oct 2011 (see s. 2(b) and Gazette 23 Sep 2011 p. 3811);
Pt. 2 Div. 1 and 2: 1 Dec 2011 (see s. 2(b) and Gazette 8 Nov 2011 p. 4673)

Statutes (Repeals and Minor Amendments) Act 2011 s. 7 and 27

47 of 2011

25 Oct 2011

26 Oct 2011 (see s. 2(b))

Reprint 10: The Workers’ Compensation and Injury Management Act 1981 as at 3 Feb 2012 (includes amendments listed above except those in the Acts Amendment (ICWA) Act 1996 )

Workers’ Compensation and Injury Management Amendment Act 2012 40

12 of 2012

3 Jul 2012

s. 1 and 2: 3 Jul 2012 (see s. 2(a));
Act other than s. 1 and 2: 1 Aug 2012 (see s. 2(b) and Gazette 27 Jul 2012 p. 3663)

Workers’ Compensation and Injury Management Amendment (Jockeys) Act 2012

45 of 2012

20 Nov 2012

s. 1 and 2: 20 Nov 2012 (see s. 2(a));
Act other than s. 1 and 2: 14 Dec 2012 (see s. 2(b) and Gazette 30 Nov 2012 p. 5774)

Workers’ Compensation and Injury Management Amendment Act 2013

21 of 2013

12 Nov 2013

s. 1 and 2: 12 Nov 2013 (see s. 2(a));
Act other than s. 1 and 2: 13 Nov 2013 (see s. 2(b))

Medicines and Poisons Act 2014 s. 191

13 of 2014

2 Jul 2014

30 Jan 2017 (see s. 2(b) and Gazette 17 Jan 2017 p. 403)

Reprint 11: The Workers’ Compensation and Injury Management Act 1981 as at 13 Feb 2015 (includes amendments listed above except those in the Medicines and Poisons Act 2014 )

Health Services Act 2016 s. 306

11 of 2016

26 May 2016

1 Jul 2016 (see s. 2(b) and Gazette 24 Jun 2016 p. 2291)

Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Act 2016 Pt. 4

28 of 2016

21 Sep 2016

21 Jan 2017 (see s. 2(b) and Gazette 20 Jan 2017 p. 647)

Statutes (Repeals) Act 2016 Pt. 2 Div. 4

50 of 2016

28 Nov 2016

29 Nov 2016 (see s. 2(b))

Reprint 12: The Workers’ Compensation and Injury Management Act 1981 as at 24 Nov 2017 (includes amendments listed above)

Workers’ Compensation and Injury Management Amendment Act 2018

8 of 2018

20 Jun 2018

Pt. 1: 20 Jun 2018 (see s. 2(a));
Pt. 3: 21 Jun 2018 (see s. 2(b));
Act other than Pt. 1 and 3: 1 Jul 2018 (see s. 2(c) and Gazette 29 Jun 2018 p. 2433)

Workers’ Compensation and Injury Management Amendment (COVID-19 Response) Act 2020

31 of 2020

18 Aug 2020

s. 1 and 2: 18 Aug 2020 (see s. 2(1)(a));
s. 3 and 16: 19 Aug 2020 (see s. 2(1)(b));
Act other than s. 1-3 and 16: 12 Oct 2020 (see s. 2(1)(c) and SL 2020/187 cl. 2)

Work Health and Safety Act 2020 Pt. 15 Div. 4 Subdiv. 8

36 of 2020

10 Nov 2020

31 Mar 2022 (see s. 2(1)(c) and SL 2022/18 cl. 2)

Legal Profession Uniform Law Application Act 2022 Pt. 17 Div. 22

9 of 2022

14 Apr 2022

1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2)

Directors’ Liability Reform Act 2023 Pt. 3 Div. 69

9 of 2023

4 Apr 2023

5 Apr 2023 (see s. 2(j))

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title

Number and year

Assent

Commencement

State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 74

43 of 2000
(as amended by No. 42 of 2004 s. 174)

2 Nov 2000

To be proclaimed (see s. 2(2))

Workers’ Compensation and Injury Management Amendment Act 2011 s. 123(2)-(7) 41

31 of 2011 (as amended by No. 21 of 2023 Pt. 15 Div. 3 Subdiv. 19)

31 Aug 2011

To be proclaimed (see s. 2(b))

TAB (Disposal) Act 2019 s. 160

21 of 2019

18 Sep 2019

To be proclaimed (see s. 2(1)(b)(xiii))

Workers Compensation and Injury Management Act 2023 s. 615

21 of 2023

24 Oct 2023

1 Jul 2024 (see s. 2(d) and SL 2024/34 cl. 2)

Other notes

1         Footnote no longer applicable.

2         The Workers’ Compensation Act Amendment Act (No. 2) 1977 s. 3 became operative on 28 Nov 1977.

3         The effect of this section was removed by the Western Australian Marine Act 1982 s. 135, subject to the savings provisions in section 135(4) of that Act.

4         Repealed by the Statute Stocktake Act 1999 (Cwlth).

5         Under s. 45 the following order in council was published in Gazette 19 June 2009 p. 2253:


Workers’ Compensation and Injury Management Act 1981

Workers’ Compensation and Injury Management (Specified Industrial Diseases) Order 2008

Made by the Governor in Executive Council under section 45 of the Act.

1.         Citation

        This order is the Workers’ Compensation and Injury Management (Specified Industrial Diseases) Order 2008 .

2.         Addition to Schedule 3

        The disease and the process named in the Table are included in Schedule 3.


Column 1
Description of Disease

Column 2
Description of Process

Pleural plaques (diffuse pleural fibrosis)

Any process entailing substantial exposure to asbestos dust.


Note:         In accordance with section 45(2) of the Act this order takes effect on the expiration of 3 months from the date of publication in the Gazette .


6         Repealed by s. 317 of this Act.

7         Repealed by the Interpretation Act 1984 s. 77.

8         The Superannuation and Family Benefits Act 1938 was repealed by the State Superannuation Act 2000 s. 39, but its provisions continue to apply to and in relation to certain schemes because of the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 26.

9         Now known as the Workers’ Compensation and Injury Management Act 1981 ; short title changed (see note under s. 1).

10         The Workers’ Compensation and Assistance Amendment Act 1984 s. 9 and 10 are transitional and validation provisions that are of no further effect.

11         The Workers’ Compensation and Assistance Amendment Act 1985 s. 4(2) is a savings provision relating to the s. 10A inserted by s. 4(1) of that Act. That s. 10A was replaced by the Workers’ Compensation Legislation Amendment Act 2005 s. 9.

12         The Workers’ Compensation and Assistance Amendment Act 1985 s. 23(2) and 41(2) read as follows:


23.         Section 74 amended and transitional

        (2)         Section 74 of the principal Act shall —

            (a)         where the latest disability or recurrence of the worker occurs on or after the coming into operation of this section — apply as amended by this section; and

            (b)         except as provided in paragraph (a) — continue to apply notwithstanding the coming into operation of this section as if this section had not been enacted.

41.         Schedule 1 amended and transitional

        (2)         Clause 17 of Schedule 1 of the principal Act as amended by subsection (1) applies to and in respect of liability and the extent of liability to pay, and entitlement and the extent of entitlement to receive, benefits for such expenses as are provided for in that clause incurred before, on or after the coming into operation of this section but nothing in subsection (1) shall revive or increase the entitlement to such expenses where a worker had received a sum equal to 10% of the prescribed amount or such further amount as the Board had allowed under that clause before the coming into operation of this section.


13         The Workers’ Compensation and Assistance Amendment Act 1985 s. 10-12, 19, 44 and 45 were deleted without having come into operation by the Workers’ Compensation and Assistance Amendment Act 1988 s. 13.

14         The Workers’ Compensation and Assistance Amendment Act 1985 s. 30(2) was a transitional provision that was repealed by the Workers’ Compensation and Assistance Amendment Act 1990 s. 30(2).

15         The Workers’ Compensation and Assistance Amendment Act 1986 s. 6(2) is a validation provision that is of no further effect.

16         The Workers’ Compensation and Assistance Amendment Act 1987 s. 6(2) is a validation provision that is of no further effect.

17         The Workers’ Compensation and Assistance Amendment Act 1990 s. 48(2) reads as follows:


48.         Schedule 1 amended

        (2)         Clause 17 of Schedule 1 of the principal Act as amended by subsection (1) applies to and in respect of liability and the extent of liability to pay, and entitlement and the extent of entitlement to receive, benefits for such expenses as are provided for in that clause incurred before, on, or after the coming into operation of this section but nothing in subsection (1) revives or increases the entitlement to such expenses where a worker has received under that clause a sum equal to 20% of the prescribed amount, or such further amount as the Board has allowed under clause 18A of that Schedule, before the coming into operation of this section.


18         The Workers’ Compensation and Assistance Amendment Act 1990 s. 50 and 51 read as follows:


50.         Transitional

        (1)         The amendments effected by this Act that relate to rehabilitation do not apply in respect of a disability that occurred before the commencement of section 35 of this Act, and the principal Act shall apply in respect of any such disability as if the amendments effected by this Act that relate to rehabilitation had not been enacted.

        (2)         Without limiting subsection (1), the amendments effected by sections 8, 9 and 19 of this Act do not apply in respect of a claim that was made before the commencement of section 8 of this Act, and the principal Act shall apply in respect of any such claim as if the amendments effected by sections 8, 9 and 19 of this Act had not been enacted.

51.         Transitional — Schedule 5

        (1)         In this section the amended Schedule means Schedule 5 to the principal Act as amended by section 49 of this Act.

        (2)         Where there is under the amended Schedule —

            (a)         liability to pay compensation or to pay for the provision of other benefits, or both; and

            (b)         entitlement to receive compensation or other benefits, or both,

                for or in relation to the disability of lung cancer, in determining that liability and the extent of it and that entitlement and the extent of it moneys already paid or required to be paid under clause 2 of Schedule 5 to the principal Act shall be taken into account and deemed to be moneys paid or required to be paid under the amended Schedule.


19         The Workers’ Compensation and Rehabilitation Amendment Act 1993 s. 4(4) reads as follows:


4.         Part IV amended and application provision

        (4)         The provisions inserted by subsection (3) have no operation in relation to a cause of action in respect of which legal proceedings have been instituted before 4 p.m. on 30 June 1993 and, regardless of when legal proceedings are instituted, sections 93E and 93F of those provisions have no operation in relation to a cause of action arising wholly before 1 July 1993 but otherwise the provisions inserted by subsection (3) apply to causes of action arising before the commencement of this section in the same way as they apply to causes of acting arising after that commencement.


20         The Workers’ Compensation and Rehabilitation Amendment Act 1993 Pt. 2 Div. 2 (as amended by the Workers’ Compensation and Rehabilitation Amendment Act 1999 Pt. 3 and the Workers’ Compensation Reform Act 2004 s. 172(2)) reads as follows:


Division 2 — Further transitional provisions

5.         Definitions

        (1)         In this Division —

        affected person means a person having a notifiable cause;

        improved statutory benefits means the benefits under the principal Act that would be applicable if the amendments made by this Act to Schedule 2 to the principal Act and to the prescribed amount had been made immediately before the date of the accident that caused the injury or the date of the audiometric test that showed that a loss or diminution of the worker’s hearing had been incurred, as the case requires;

        notifiable cause means a cause of action that arose wholly before 1 July 1993 in respect of a disability for which, because of section 93D of the principal Act, damages are prevented from being awarded other than under this Division;

        preliminary questions , in relation to a notifiable cause, means —

            (a)         whether or not a court would be likely to find the relevant employer or insurer to be liable for damages in an action founded on that cause; and

            (b)         if the relevant employer or insurer would be likely to be found liable for damages, whether or not the damages that a court would be likely to award, but for section 93D of the principal Act, would be significant damages;

        relevant employer or insurer , in relation to a notifiable cause, means the employer against whom the affected person has the cause of action or the person insuring the employer against liability arising out of that cause;

        significant damages means damages of which —

            (a)         the amount attributable to non-pecuniary loss; or

            (b)         the amount attributable to future pecuniary loss,

        is equal to or more than $25 000.

        (2)         Unless the contrary intention appears, expressions in this Division that are used in the principal Act have the same respective meanings in this Division as they have in the principal Act.

6.         Registration of certain causes of action

        (1)         WorkCover WA is to keep a register containing particulars of notifiable causes registered under this Division and persons who have those causes.

        (2)         WorkCover WA is to register a notifiable cause if it was notified of the cause before 5 p.m. on 29 July 1993.

        (3)         WorkCover WA may, not later than 30 June 1994, register a notifiable cause if it is satisfied that there is good reason for notice of the cause not having been given until after 5 p.m. on 29 July 1993.

        (4)         The functions of WorkCover WA under this section in respect of a notifiable cause are to be performed within 21 days after the day on which it is notified of the cause.

        [Section 6 amended: No. 34 of 1999 s. 59; No. 42 of 2004 s. 172(2).]

7.         Appeals for registration

        (1)         A person seeking to have a notifiable cause registered under section 6(3) who is dissatisfied with the decision of WorkCover WA may appeal to the Minister against the decision.

        (2)         The Minister may dismiss or allow the appeal and, if the appeal is allowed, WorkCover WA is to register the cause.

        [Section 7 amended: No. 42 of 2004 s. 172(2).]

8.         Certificate of registration

                WorkCover WA, upon registering a notifiable cause, is to give to the affected person a certificate to the effect that the cause is registered and within 21 days notify the relevant employer or insurer in writing accordingly.

        [Section 8 amended: No. 42 of 2004 s. 172(2).]

9.         Negotiations with employer or insurer

        (1)         Within 60 days after the day on which the affected person is given a certificate of registration of a cause of action, the affected person may submit to the relevant employer or insurer details of the claim for damages in respect of the disability from which the cause arose, together with a copy of the certificate.

        (2)         The employer or insurer may, within 60 days after the day on which details of the claim are submitted in accordance with subsection (1) —

            (a)         notify the affected person in writing that the employer’s liability is accepted and either —

                  (i)         offer to pay to the affected person in settlement of the claim an amount specified in the notice; or

                  (ii)         decline to pay on the grounds that the damages are not significant damages;

                or

            (b)         notify the affected person in writing that the employer’s liability is not accepted.

        (3)         Nothing in a notice under subsection (2) is admissible in court proceedings for the award of damages in respect of the disability.

        (4)         Without limiting the other matters that may be taken into account by a court but subject to section 12(3) and (4), in making an order as to costs the court shall have regard to whether or not a person has acted within the time specified in this section.

10.         Improved statutory benefits available if liability accepted

        (1)         An affected person who is notified under section 9 that liability is accepted may, whether or not damages are considered to be significant, discontinue proceedings, if any, in respect of the cause and opt for the improved statutory benefits.

        (2)         An offer made under section 9(2)(a)(i) to an affected person lapses if the person opts for the improved statutory benefits.

11.         Consequences of filing certificate in court proceedings

        (1)         If an affected person —

            (a)         has commenced court proceedings in respect of a registered cause (whether the cause was registered before or after the proceedings were commenced); and

            (b)         has, within 90 days after the day on which the certificate was given, filed the certificate of registration in the proceedings and given a copy of the certificate to each other party to the proceedings,

                the relevant employer or insurer may within 60 days after the day on which the certificate is filed, apply to a District Court Judge for a declaration as to the preliminary questions or either of those questions that is in dispute.

        (2)         If, in the circumstances mentioned in subsection (1)(a) and (b), the relevant employer or insurer does not apply under subsection (1) to a District Court Judge within the time provided by that subsection, the affected person may —

            (a)         discontinue the proceedings and opt for the improved statutory benefits; or

            (b)         continue the proceedings and enjoy the exemption given by section 13(1).

        (3)         If, on an application under subsection (1), the District Court Judge declares that a court would not be likely to find the relevant employer or insurer to be liable for damages in an action founded on the cause, this Division has no further application in relation to that cause.

        (4)         If, on an application under subsection (1), the District Court Judge declares that —

            (a)         a court would be likely to find the relevant employer or insurer to be liable for damages in an action founded on the cause; and

            (b)         the damages that a court would be likely to award but for section 93D of the principal Act would not be significant damages,

                this Division has no further application in relation to that cause unless the affected person discontinues the proceedings and opts for the improved statutory benefits.

        (5)         If, on an application under subsection (1), the District Court Judge declares that —

            (a)         a court would be likely to find the relevant employer or insurer to be liable for damages in an action founded on the cause; and

            (b)         the damages that a court would be likely to award but for section 93D of the principal Act would be significant damages,

                the affected person may —

            (c)         discontinue the proceedings and opt for the improved statutory benefits; or

            (d)         continue the proceedings and enjoy the exemption given by section 13(1).

        [Section 11 amended: No. 34 of 1999 s. 60.]

12.         Offer to settle

        (1)         If the proceedings are continued in the circumstances described in subsection (2) or (5) of section 11, the relevant employer or insurer is to make an offer to settle, or consent to judgment, in the proceedings.

        (2)         The offer is to be made within 60 days after —

            (a)         the last day on which the application under section 11(1) could have been made; or

            (b)         the day on which the declaration under section 11(5) was made,

                as the case requires, unless the proceedings had been commenced less than 120 days before the day by which the offer would otherwise be required to be made in which case the offer is to be made within 120 days after the day on which the proceedings were commenced.

        (3)         If the offer is not accepted nor withdrawn and the court awards damages in an amount that is not more than 120% of the amount offered, the costs of the proceedings are to be paid by the affected person.

        (4)         If the court awards damages in an amount that is more than 120% of the amount offered, the costs of the proceedings are to be paid by the relevant employer or insurer.

        (5)         If an offer is not made as required by this section or an offer is made but withdrawn, a nil amount is taken for the purposes of subsection (4) to have been offered.

13.         Exemption from effect of section 93D

        (1)         If proceedings in respect of a cause are continued in the circumstances described in subsection (2) or (5) of section 11, section 93D of the principal Act has no operation in relation to the cause.

        (2)         Unless, in the proceedings continued, the court has decided that the disability did not result from the negligence or other tort of the employer, the affected person may, at any time, discontinue the proceedings and opt for the improved statutory benefits.

        (3)         If the court decides that the relevant employer or insurer is liable for damages but the damages are not significant damages, no damages are to be awarded but the affected person is to be taken to have opted under this Division for the improved statutory benefits.

14.         Consequences of opting for improved statutory benefits

        (1)         An affected person opting for the improved statutory benefits is to do so by notice in writing given to the relevant employer or insurer and, if court proceedings have been commenced, a copy of the notice is to be filed in the proceedings.

        (2)         If under this Division an affected person opts for the improved statutory benefits, the benefits available to the person under the principal Act are the improved statutory benefits but otherwise this Division has no further application in relation to that cause.

        (3)         Subsection (2) applies whether or not the full extent of the benefits to which a person would be entitled under the principal Act but for this section had already been received when the person opts for the improved statutory benefits.

15.         Time limits for bringing proceedings

        (1)         If the time limited for bringing proceedings for a notifiable cause would, but for this subsection, expire or have expired at any time after 4 p.m. on 30 June 1993 but before the day that is 90 days after the day on which a certificate of the registration of that cause under this Division is given, the time for bringing those proceedings is extended to the day that is 90 days after the day on which the certificate is given.

        (2)         The extension of time given by subsection (1) does not limit any extension given by a court.

16.         Fund to bear cost of declarations

                WorkCover WA is to pay from the General Fund to the Consolidated Fund such amount as the Treasurer directs in respect of the cost to the State of dealing with applications for declarations under this Division by a District Court Judge.

        [Section 16 amended: No. 42 of 2004 s. 172(2).]

17.         Leave not required if certificate filed

                Section 93D(4) and (5) of the principal Act do not apply to the commencement of proceedings in respect of a registered cause if the certificate of registration was issued not more than 90 days before the proceedings are commenced and, when the proceedings are commenced, the certificate is filed.


21         The Workers’ Compensation and Rehabilitation Amendment Act 1993 s. 18(3) reads as follows:


18.         Section 5 amended

        (3)         The increase in the prescribed amount effected by subsection (1) has effect on and from 1 July 1993.


22         The Workers’ Compensation and Rehabilitation Amendment Act 1993 s. 19(2) reads as follows:


19.         Schedule 1 amended

        (2)         The amendments made by subsection (1) have effect on and from 1 July 1993.


23         The Workers’ Compensation and Rehabilitation Amendment Act 1993 s. 20(2) reads as follows:


20.         Schedule 2 amended

        (2)         The amendments made by subsection (1) have effect on and from 1 July 1993.


24         The Workers’ Compensation and Rehabilitation Amendment Act 1993 s. 27 is a transitional provision that is of no further effect.

25         The Workers’ Compensation and Rehabilitation Amendment Act 1993 s. 28(2) is a provision for regulations as to transitional and other matters and is of no further relevance.

26         The amendments in the Workers’ Compensation and Rehabilitation Amendment Act 1993 Sch. 1 cl. 28 and 30 which sought to amend s. 73(1), (4) and (6) are not included because of amendments to s. 73 made by Sch. 1 cl. 16 of that Act.

        The amendments in the Workers’ Compensation and Rehabilitation Amendment Act 1993 Sch. 1 cl. 30 which sought to amend Sch. 7 cl. 6(1)(a), 6(2)(a) and 8(3) are not included because of amendments made by Sch. 1 cl. 27 of that Act.

27         The amendments in the Acts Amendment (ICWA) Act 1996 Sch. 1 it. 16 which sought to amend s. 95, 147 and 154 are not included because those sections were deleted by the Workers’ Compensation Reform Act 2004 s. 155.

28         The Workers’ Compensation and Rehabilitation Amendment Act (No. 2) 1999 s. 7(3) is a transitional provision relating to the s. 84E inserted by s. 7(2) of that Act. That s. 84E was deleted by the Workers’ Compensation Reform Act 2004 s. 67.

29         The Workers’ Compensation and Rehabilitation Amendment Act 1999 s. 32(6), (7) and (8) (as amended by the Workers’ Compensation and Rehabilitation Amendment Act (No. 3) 1999 s. 3) read as follows:


32.         Amendments about awarding damages and related matters (sections 5, 61, 84ZH, 84ZR and 193, Part IV Division 2 and Schedule 1), and saving and transitional provisions

        (6)         In subsections (7) and (8) —

        amended provisions means Part IV Division 2 of the principal Act as amended by this section;

        assent day means the day on which this Act receives the Royal Assent;

        former provisions means Part IV Division 2 of the principal Act before it was amended by this section.

        (7)         The amended provisions do not affect the awarding of damages in proceedings —

            (a)         commenced before the assent day; or

            (b)         for the commencement of which the District Court gave leave under the former provisions before the assent day,

                and the former provisions continue to apply in relation to those proceedings.

        (8)         If weekly payments of compensation in respect of a disability —

            (a)         commenced before the assent day; or

            (b)         were ordered by a dispute resolution body to commence before the assent day,

                and the termination day referred to in section 93E of the amended provisions —

            (c)         was before the assent day;

            (d)         is the assent day; or

            (e)         would not be more than 3 months after the assent day,

                the termination day is to be regarded as being the day that is 3 months after the assent day.

        [Subsection (8) amended: No. 37 of 1999 s. 3.]


30         The Workers’ Compensation and Rehabilitation Amendment Act 1999 s. 46(2), (3) and (4) read as follows:


46.         Part X Division 3 inserted and transitional provisions

        (2)         A person who —

            (a)         before the commencement of section 35, was authorised by the Commission under the former section 103 as an inspector; or

            (b)         before the commencement of section 44, was authorised by the Minister under the former section 172,

                is to be regarded as having been authorised by the Commission as an inspector under section 175A(1) of the principal Act and as having taken the oath required by section 175A(2).

        (3)         If —

            (a)         a requirement made under the former section 103 by a person referred to in subsection (2)(a); or

            (b)         a request or requirement made under the former section 172 or 172A by a person referred to in subsection (2)(b),

                has not been complied with when this section commences, it is to be regarded as a requirement made under section 175B of the principal Act and for that purpose this section is taken to have commenced before the request or requirement was made.

        (4)         In subsections (2) and (3) —

        former section means a section of the principal Act as in force before its repeal by this Act.


31         The Workers’ Compensation and Rehabilitation Amendment Act 1999 s. 56(2) reads as follows:


56.         Schedule 7 amended and transitional provisions

        (2)         Clause 5(3) of Schedule 7 to the principal Act, as inserted in the principal Act by subsection (1), applies to and in relation to the results of audiometric tests whether delivered to the Commission before or after the commencement of that subsection.


32         The Workers’ Compensation and Rehabilitation Amendment (Cross Border) Act 2004 Pt. 2 Div. 2 (as amended by s. 16, 17(5) and 19 of that Act) reads as follows:


Division 2 — Transitional

14.         Transitional provisions

        (1)         In this section —

        amendments means amendments made to the principal Act by this Act;

        commencement day means the day on which this Part comes into operation;

        principal Act means the Workers’ Compensation and Rehabilitation Act 1981 ,

                and other terms used have meanings consistent with the meanings they have in the principal Act.

        (2)         The amendments do not apply in respect of an injury that occurred before the commencement day, and the principal Act applies in respect of such an injury as if the amendments had not been made.

        (3)         If the death of a worker results from both an injury that occurred before the commencement day and an injury that occurred on or after that day, the worker is, for the purposes of the application of the amendments to and in respect of the death of the worker, to be treated as having died as a result of the injury that occurred on or after that day.

        (4)         If a period of incapacity for work resulted both from an injury that occurred before the commencement day and an injury that occurred on or after that day, the incapacity is, for the purposes of the application of the amendments to and in respect of that incapacity for work, to be treated as having resulted from an injury that occurred on or after that day.

        (5)         Neither the amendments nor subsections (3) and (4) affect the apportionment of liability under Part III Division 6 of the principal Act in a case where one or more of the injuries concerned occurred before the commencement day and one or more occurred on or after that day.

        (6)         A policy of insurance that an employer has against liability under the principal Act and that is in force at the beginning of the commencement day covers the employer, for as long as the policy remains in force, for the employer’s liability under the principal Act as amended by this Act.

[Section 14 amended: No. 36 of 2004 s. 16, 17(5) and 19.]


33         The Workers’ Compensation Reform Act 2004 s. 114(3) and Pt. 4 (as amended by the Workers’ Compensation Legislation Amendment Act 2005 s. 7) read as follows:


114.         Section 152 amended and transitional provision

        (3)         The amendment made by subsection (1) does not apply to the charging of a loading in so far as the loading relates to a period of insurance that commenced before the commencement of that subsection.

Part 4 — Transitional provisions

Division 1 — General

176.         Interpretation

                In this Division unless the contrary intention appears —

        principal Act means the Workers’ Compensation and Rehabilitation Act 1981 as in force immediately before the coming into operation of the provision in which the term is used;

        amended Act means the Workers’ Compensation and Injury Management Act 1981 as in force immediately after the coming into operation of the provision in which the term is used.

177.         Application of Interpretation Act 1984

                The provisions of this Part do not prejudice or affect the application of the Interpretation Act 1984 to and in relation to the repeals effected by this Act.

178.         Transitional regulations

        (1)         If this Act does not provide sufficiently for a matter or issue of a transitional nature that arises as a result of the amendments effected by this Act, the Governor may make regulations prescribing all matters that are required, necessary or convenient to be prescribed for providing for the matter or issue.

        (2)         If in the opinion of the Minister an anomaly arises in the carrying out of any provision —

            (a)         of this Act; or

            (b)         of the Interpretation Act 1984 as it applies to the amendments made by this Act,

                the Governor may by regulations —

            (c)         modify that provision to remove that anomaly; and

            (d)         make such provision as is necessary or expedient to carry out the intention of that provision.

        (3)         If regulations made under subsection (1) or (2) provide that a state of affairs specified or described in the regulations is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the commencement day, the regulations have effect according to their terms.

        (4)         If regulations contain a provision referred to in subsection (3), the provision does not operate so as —

            (a)         to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the day of publication of those regulations; or

            (b)         to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.

179.         Power to amend subsidiary regulations

        (1)         The Governor, on the recommendation of the Minister, may make subsidiary legislation amending subsidiary legislation made under any Act.

        (2)         The Minister may make a recommendation under subsection (1) only if the Minister considers that each amendment proposed to be made by subsidiary legislation is necessary or desirable as a consequence of the enactment of this Act.

        (3)         Nothing in this section prevents subsidiary legislation from being amended in accordance with the Act under which it was made.

Division 2 — Transitional provisions relating to statutory entitlements

180.         Section 217 of the Workers’ Compensation and Injury Management Act 1981

        (1)         Despite the enactment of section 217 of the amended Act, if, before the day on which section 130 of this Act comes into operation the total weekly payments by way of compensation payable under Schedule 1 clause 7 of the principal Act for that disability have reached the prescribed amount within the meaning of that Act, the total liability of the employer of a worker under section 217 of the amended Act in respect of that disability or incapacity is not to exceed the lesser of the amounts set out in section 84E(3)(a) and (b) of the principal Act as in force immediately before the coming into operation of section 130 of this Act.

        (2)         If, after the coming into operation of section 130 of this Act, a claim for damages in respect of an incapacity that has been settled by agreement independently of the principal Act is disapproved under section 92 of the amended Act, section 217 of the amended Act applies in respect of the total liability of the employer of the worker.

181.         Transitional provisions — amendments to Schedule 1

        (1)         Where the death of a worker occurred before the coming into operation of section 141(1) of this Act, Schedule 1 clause 1 of the principal Act as in force immediately before the coming into operation of section 141(1) of this Act applies in relation to the compensation entitlements of the worker as if section 141(1) of this Act had not been enacted.

        (2)         Amount Aa as determined under Schedule 1 clause 11 of the amended Act as amended by subsections (9) and (12) of section 141 of this Act applies in relation to all weekly payments payable on or after the coming into operation of those subsections, but no weekly payments payable before those subsections come into operation are affected by the amendments effected by those subsections.

        (3)         Schedule 1 clause 11(3) of the amended Act as amended by section 141(10) of this Act does not apply in relation to weekly earnings of a worker who, before the coming into operation of section 141(10) of this Act, has received 4 weekly payments of compensation, and Schedule 1 clause 11(3) of the principal Act applies in respect of those weekly earnings as if the amendment had not been enacted.

        (4)         Schedule 1 clause 11(4) of the amended Act as amended by section 141(11) of this Act does not apply in relation to weekly earnings of a worker who, before the coming into operation of section 141(11) of this Act, has received 4 weekly payments of compensation, and Schedule 1 clause 11(4) of the principal Act applies in respect of those weekly earnings as if the amendment had not been enacted.

        (5)         Schedule 1 clause 18A of the amended Act as amended by section 141 of this Act does not apply to compensation payable to a worker if, before the coming into operation of section 141(16) of this Act —

            (a)         an election by the worker under section 93E(3)(b) of the principal Act in respect of the disability has been registered;

            (b)         an order for redemption of the liability for incapacity has been made under section 67(4) of the principal Act or any order for settlement or redemption of the liability has been made under Part IIIA of that Act;

            (c)         an agreement in respect of the whole of the liability for incapacity or as to the amount of compensation payable for the incapacity has been registered under Part III Division 7 of the principal Act; or

            (d)         the worker’s claim for damages in respect of the injury or incapacity has been settled by agreement independently of the principal Act.

        (6)         Subsection (5)(d) does not apply if, after the coming into operation of section 141(16) of this Act, the settlement is disapproved under section 92 of the amended Act.

Division 3 — Transitional provisions relating to dispute resolution

182.         Interpretation

        (1)         In this Division —

        commencement day means the day on which section 130 of this Act comes into operation;

        Director Dispute Resolution has the meaning given to Director in the amended Act;

        Director of Conciliation and Review has the meaning given to Director in the principal Act;

        pending proceeding means —

            (a)         any matter the conciliation, review or other determination of which has been sought but not commenced before a dispute resolution body; or

            (b)         any matter that has been partly or fully heard or otherwise dealt with before, but not determined by, a dispute resolution body.

        (2)         The following expressions have the same meaning in this Division as they had in the principal Act before it was amended by this Act —

            (a)         “compensation magistrate’s court”;

            (b)         “conciliation officer”;

            (c)         “dispute resolution body”;

            (d)         “review officer”.

        (3)         Unless the contrary intention appears, words and expressions used in this Part have the same meaning as they have in the amended Act.

183.         Conciliation and review

        (1)         A pending proceeding referred for conciliation under Part IIIA Division 2 of the principal Act, referred for review under Part IIIA Division 3 of that Act or otherwise referred to a conciliation officer or a review officer for determination under that Act or the subject of an application to a conciliation officer or a review officer under that Act —

            (a)         is, on and from the commencement day, taken to be a proceeding pending before an arbitrator; and

            (b)         is to be heard and determined by an arbitrator as if the referral or application were an application made under the amended Act.

        (2)         A dispute resolution authority to whom a pending proceeding is transferred under this section may —

            (a)         receive in evidence any transcript of evidence in a proceeding before a dispute resolution body relating to that matter; and

            (b)         adopt, as the dispute resolution authority thinks fit, any finding or decision of a dispute resolution body relating to that matter.

        (3)         The Director Dispute Resolution may give directions for the purpose of dealing with issues arising when the amended Act confers on a dispute resolution authority jurisdiction to deal with a matter that, before that jurisdiction was conferred, was dealt with by a dispute resolution body.

        (4)         Directions given under subsection (3) may modify the provisions of the amended Act, or the rules or regulations made under that Act, to such extent as is necessary or expedient to apply any of the general principles described in this section in a proceeding of a particular kind and to ensure a smooth transfer of proceedings from dispute resolution bodies to dispute resolution authorities.

        (5)         On and from the commencement day, anything ordered, decided, or otherwise done by a conciliation officer or review officer in respect of a matter under the amended Act before the commencement day becomes of the same effect as if, and enforceable as if, it were ordered, decided or done by an arbitrator under the provisions of the amended Act authorising an arbitrator to order, decide, or do corresponding things after the commencement day.

184.         Compensation magistrate’s court

        (1)         A matter referred to a compensation magistrate’s court under section 84ZM of the principal Act, but which the court has not commenced to hear before the commencement day, is to be transferred to the Commissioner and is to be dealt with by the Commissioner as if it had been referred under section 246(1) of that Act as amended by this Act.

        (2)         On and from the commencement day —

            (a)         any pending proceeding before a compensation magistrate’s court; and

            (b)         any matter that has been determined by a review officer and —

                  (i)         would have been appealable to a compensation magistrate’s court had the law in force immediately before the commencement day continued to apply; or

                  (ii)         was the subject of an appeal to a compensation magistrate’s court that was not determined before the commencement day,

                is to continue to be dealt with and determined as if the law in force immediately before the commencement day had continued in force.

        (3)         The principal Act as in force before the commencement day continues to apply to the extent that is necessary to enable a compensation magistrate’s court to continue to deal with and determine a matter under this section and to enable appeals to be dealt with and implemented.

        (4)         Anything ordered, decided or otherwise done by a compensation magistrate’s court under this section or before the commencement day is to be given effect and enforced, and is subject to appeal and may be dealt with on appeal, as if the principal Act as in force before the commencement day continued to apply.

        (5)         Without limiting sections 84ZP and 115 of the principal Act as in force on 13 November 2005, a compensation magistrate’s court acting under this section may remit a matter to an arbitrator for determination, with or without any direction.

[Section 184 amended: No. 16 of 2005 s. 7.]

185.         Existing summonses and warrants

        (1)         If immediately before the commencement day a summons or other process issued by a review officer under Part IIIA of the principal Act is in force, then on the commencement day the summons, warrant or other process is to be taken to be a summons or other process issued under Part XI of the amended Act.

        (2)         If immediately before the commencement day a summons issued by a review officer under Part IIIA of the principal Act is in force and requires the person to attend before, or to produce documents to, a review officer, then on the commencement day the summons is to be taken to require the person to attend before, or produce the documents to, an arbitrator at the place specified in the summons.

186.         Director of Conciliation and Review

        (1)         In this section —

        former function means a function of the Director Dispute Resolution that is substantially similar to a function that before the commencement day was performed by the Director of Conciliation and Review.

        (2)         On the commencement day —

            (a)         any matter involved in the performance of a former function is to be transferred to the Director Dispute Resolution;

            (b)         any application, referral or other thing made, or otherwise directed or given to the Director of Conciliation and Review to do with the performance of the former function becomes of the same effect as if it had been referred or given to the Director Dispute Resolution to be dealt with under the amended Act; and

            (c)         anything decided, or otherwise done by the Director of Conciliation and Review in the performance of a former function becomes of the same effect as if, and enforceable as if, it were decided, or done by the Director Dispute Resolution under the provisions authorising the Director Dispute Resolution to decide, or do corresponding things after the commencement day.

        (3)         For the purposes of subsection (1), section 183(2), (3) and (4) apply as if a reference in that section to a dispute resolution body includes a reference to the Director of Conciliation and Review and a reference in that section to a pending proceeding includes a reference to a matter referred to in subsection (1).

187.         Records

        (1)         All records of a dispute resolution body relating to a matter that is transferred to a dispute resolution authority under section 183 of this Act, and all records of the Director of Conciliation and Review, are to be given to the Director Dispute Resolution.

        (2)         A compensation magistrate’s court is to cause the Director Dispute Resolution to be given —

            (a)         a record of anything referred to in section 184 that the compensation magistrate’s court orders, decides, or otherwise does; and

            (b)         all records relating to a matter that is transferred, or that the compensation magistrate’s court finishes dealing with, under section 184.

188.         Deemed eligibility for approval as Director or arbitrator

        (1)         The person who, immediately before the coming into operation of section 130 of the Workers’ Compensation Reform Act 2004 , was the Director of Conciliation and Review is taken to be eligible for approval under section 288(3) of the amended Act as the Director Dispute Resolution.

        (2)         An officer of WorkCover WA who, immediately before the coming into operation of section 130 of the Workers’ Compensation Reform Act 2004 , was a review officer is taken to be eligible for approval under section 286(3) of the amended Act as an arbitrator.

        (3)         Subsection (2) does not apply to a person seconded to, or acting in, the office of a review officer immediately before the coming into operation of section 130 of the Workers’ Compensation Reform Act 2004 .

Division 4 — Transitional provisions relating to Part VIII amendments

189.         Transitional provisions for Part VIII amendments

        (1)         When the Part VIII amendments come into operation (the commencement time ), any effect that anything done before the commencement time by the former Committee would have had if those amendments had not been made continues as if the corresponding thing had been done by WorkCover WA.

        (2)         In subsection (1) —

        WorkCover WA has the meaning given to that term by the Workers’ Compensation and Injury Management Act 1981 ;

        corresponding thing means anything done by WorkCover WA after the commencement of the Part VIII amendments that would have substantially the same effect after the commencement as what was done by the former Committee would have had if the Part VIII amendments had not been made;

        former Committee means the Premium Rates Committee under the Workers’ Compensation and Rehabilitation Act 1981 as in force before the commencement of the Part VIII amendments;

        Part VIII amendments means the amendments that sections 104 to 117 and 150 to 153 make to Part VIII of the Workers’ Compensation and Rehabilitation Act 1981 .


34         The amendments in the Workers’ Compensation Reform Act 2004 s. 146, 147 and 148(2) which sought to amend s. 15 are not included because s. 15 was deleted by the Workers’ Compensation and Rehabilitation Amendment (Cross Border) Act 2004 s. 5.

        The amendments in the Workers’ Compensation Reform Act 2004 s. 146 and 147 which sought to amend s. 16(1a) are not included because s. 16(1a) was deleted by the Workers’ Compensation and Rehabilitation Amendment (Cross Border) Act 2004 s. 6(1).

        The amendments in the Workers’ Compensation Reform Act 2004 s. 148(1) which sought to amend s. 16(2) are not included because of amendments to s. 16(2) made by the Workers’ Compensation and Rehabilitation Amendment (Cross Border) Act 2004 s. 6(2).

        The amendments in the Workers’ Compensation Reform Act 2004 s. 147 which sought to amend s. 23 are not included because s. 23 was replaced by the Workers’ Compensation and Rehabilitation Amendment (Cross Border) Act 2004 s. 8.

35         The amendments in the Acts Amendment (Court of Appeal) Act 2004 Sch. 1 cl. 29, which was proclaimed to commence on 1 July 2005 (see Gazette 14 Jan 2005 p. 163), are not included because the sections in the Workers’ Compensation and Injury Management Act 1981 that it purports to amend were not in operation on 1 July 2005. Subsequently Sch. 1 cl. 29 was deleted by the Workers’ Compensation Legislation Amendment Act 2005 s. 31.

36         The Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 Sch. 2 cl. 157 (the amendment to s. 175H(2)(c)) was deleted without having come into operation by the Criminal Law and Evidence Amendment Act 2008 s. 78(10).

37         The Workers’ Compensation Legislation Amendment Act 2005 s. 9(2) reads as follows:


9.         Section 10A replaced and transitional provision

        (2)         Nothing in this section affects or limits the operation of the Workers’ Compensation and Injury Management Act 1981 in relation to a director of a company if that director, at any time before the coming into operation of this section, received, or was entitled to receive, compensation under that Act, and for that purpose that Act continues to apply in relation to the director as if this section had not been enacted.


38         The Workers’ Compensation Legislation Amendment Act 2005 s. 30(3) reads as follows:


30.         Section 5 amended and transitional provision

        (3)         In determining the compensation payable to a dependant of a worker under clause 1 or 2 in accordance with the Workers’ Compensation and Injury Management Act 1981 as amended by subsection (2) —

            (a)         any compensation paid under the relevant clause before this Act received the Royal Assent is to be deducted; and

            (b)         if an apportionment of compensation has been determined or agreed in relation to compensation under the relevant clause before this Act receives the Royal Assent, any compensation payable under the relevant clause after this Act receives the Royal Assent is to be apportioned in a like manner.


39         The amendment in the Chiropractors Act 2005 s. 109 which sought to amend s. 176(1b)(d) is not included because s. 176 was replaced by the Workers’ Compensation Reform Act 2004 s. 130 before the amendment purported to come into operation.

40         The Workers’ Compensation and Injury Management Amendment Act 2012 Pt. 3 reads as follows:


Part 3 — Transitional

13.         Terms used

                In this Part —

        Part X means the Workers’ Compensation and Injury Management Act 1981 Part X;

        transitional period means the period beginning on 1 October 2011 and ending when Part 2 of this Act comes into operation.

14.         Things done or omitted during the transitional period

        (1)         Anything done during the transitional period that —

            (a)         did not comply with a provision of Part X; and

            (b)         would have complied with that provision if done immediately after the transitional period,

                is taken to have complied with that provision at the time it was done.

        (2)         Where —

            (a)         during the transitional period, an employer does not obtain or keep current an insurance policy under Part X for a liability of a particular kind to a particular person; and

            (b)         the employer is taken under subsection (1) to have complied with a provision of Part X requiring it to obtain or keep current such a policy,

                an insurer who has issued to the employer a liability insurance policy other than for the purposes of Part X may not reject a claim under that policy on the grounds that the claim relates to a liability for which the employer was required under Part X to insure.

        (3)         In this section a reference to doing anything includes a reference to omitting to do that thing.

15.         Validity of terms, conditions and exclusions of insurance policies effected during the transitional period

                A term, condition or exclusion of an insurance policy obtained or kept current during the transitional period for the purposes of Part X which, if the policy were obtained immediately after the transitional period, would be valid, lawful and effective is taken to be valid, lawful and effective from the time when the policy was obtained or, if later, from the beginning of the transitional period.


41         The Workers’ Compensation and Injury Management Amendment Act 2011 s. 123(2)-(7) will be deleted by the Workers’ Compensation and Injury Management Act 2023 Pt. 15 Div. 3 Subdiv. 19 when it comes into operation.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term         Provision(s)
additional medical examination         66A(1)
adjacent area         Sch. 6 cl. 2(1), (2), (3) and (4)
adjustable amount         5A(1A)
adjustment methodology         5A(3)
agent         261
agent service         261
aggregated amount         Sch. 1A cl. 11(1)
agreed         93E(1)
AIDS         31F(1), 93Q(8)
AMA Guides         93CA
amended provisions         Sch. 8 cl. 1
amending Act         Sch. 8 cl. 1
amendment day         24(1), 31A(1)
Amount A         93F(8), 93K(12), Sch. 1 cl. 11(2)
Amount Aa         Sch. 1 cl. 11(2)
Amount B         Sch. 1 cl. 11(2)
Amount C         5A(1A), Sch. 1 cl. 11(2)
Amount D         Sch. 1 cl. 11(2)
Amount E         Sch. 1 cl. 11(2)
another State         93AF(2)
application         72L(1)
application for conciliation         5(1)
approved         72C
approved insurance office         5(1)
approved medical specialist         5(1)
approved medical specialist panel         5(1)
approved treatment         5(1)
approved vocational rehabilitation provider         5(1)
arbitration rules         5(1), 293B(1)
Arbitration Service         5(1)
arbitrator         5(1)
audiometric test         Sch. 7 cl. 1
auditor         175B(2)
Australian practising certificate         5B(1)
authorised officer         175E
bonus or allowance         Sch. 1 cl. 11(2)
certificate of outcome         182ZE
Chairman of WorkCover WA         5(1)
chief executive officer         5(1)
child         Sch. 1A cl. 2(2)
children         Sch. 1A cl. 2(2)
child’s allowance         72J(1), Sch. 1A cl. 5
chiropractor         5(1)
claim         72C
claimant         72C
claim for compensation by way of weekly payments         93N(1A)
clause         5(1), 72C
code         155
commencement day         5B(1), 93EA(4), 93EB(4), 93T(1), Sch. 8 cl. 1 and 9
Commissioner         Sch. 8 cl. 1
company         5(1), 10A(1), 175AA(1)
compensable injury         159
compensation order         72I(1), 72J(1)
compound discount table         68(4)
conciliation agreement         182ZE
conciliation decision         182ZE
conciliation officer         5(1), 182G(3)
conciliation rules         5(1), 293A(1)
Conciliation Service         5(1)
continental shelf         Sch. 6 cl. 1
contract of insurance         5(1)
contractor         175(1) and (6)
Contribution Act         93F(4), 93K(8)
corporate body         10A(1)
corresponding law         5B(1)
costs         261
costs determination         261
costs of a proceeding         261
court         23A, 182ZH(1)
Crown         14(1)
damages         72K(1), 93A, 159
date of injury         49A
decision         5(1)
decision of an approved medical specialist         146J(2)
decision of an approved medical specialist panel         146O(7)
decision of a specialised retraining assessment panel         146V(9)
deemed worker         159
de facto partner         Sch. 5 cl. 1(1)
defendant         92, 93(1)
degree of disability         93E(1)
degree of impairment         146
degree of permanent impairment         31B
degree of permanent whole of person impairment         93H(1), 158(1),
        Sch. 1 cl. 18C(3)
dentist         5(1)
dependant         5(1), 72I(1), 72J(1), Sch. 1A cl. 3
designation         182C(1), 182ZR(1)
determined         93E(1)
direction         182M(1)
Director         5(1)
director         10A(1)
disease         5(1)
dispute         176(1), 182E(1), Sch. 8 cl. 1
dispute resolution authority         5(1)
District Court         5(1)
Division         5(1)
document         111A(4), 314A(1)
DRD         Sch. 8 cl. 1
DRD records         Sch. 8 cl. 4(1)
DRD Rules         Sch. 8 cl. 1
drug of addiction         5(1)
E         175AA(1), 303A(1)
earnings         5(1), 10A(1), Sch. 1 cl. 11(2)
election registration day         93H(1)
eligible child         Sch. 1A cl. 8(2)
eligible person         Sch. 1A cl. 11(1)
employer         5(1), 59(1), 93AC, 154A(2)
estimate         5(1)
event         93H(2), 158(2), Sch. 1 cl. 18C(4)
FES employment         49A
firefighting employment         49A
former Board         316
former provisions         Sch. 8 cl. 1 and 9
former Subdivision         93T(1)
former Supplementary Board         316
full amount         31D(1)
funeral expenses         Sch. 1A cl. 9(1)
General Account         5(1)
hazardous fire         49A
hazardous firefighting employment         49A
hearing         259(1)
HIV         31F(1), 93Q(8)
impairment         31G(1)
incorporated insurance office         161(1)
industrial agreement         5(1)
industrial award         5(1)
industrial disease premium         5(1)
information         111A(4), 182R(1)
injury         5(1), 93AC, 180(1), Sch. 1A cl. 1
injury management         5(1)
injury management system         155
in respect of the injury or injuries         93P(3)
inspector         5(1)
insurable damages         159
Insurance Commission of Western Australia         5(1)
jockey         Sch. 1 cl. 16A(1)
Joint Petroleum Development Area         Sch. 6 cl. 1
judgment         72K(1)
Legal Costs Committee         269(1)
legal service         261
liable         159
licensed facility         11A(1)
licensed jockey         11A(1)
licensed trainer         11A(1)
loss of         25
LPI         93F(8)
LSE         Sch. 1A cl. 4
lump sum entitlement         Sch. 1A cl. 4
March CPI         5A(2)
medical assessment panel         5(1)
medical expenses         Sch. 1A cl. 9(1)
medical practitioner         5(1)
medical report         5(1)
mesothelioma         5(1)
mine         5(1)
minimum award rate         5(1)
mining operation         5(1)
new Board         316
new information         217A(1)
new Supplementary Board         316
noise induced hearing loss         5(1)
non-FES employment         49A
normal evaluation         93N(6), 146C(3)
notifiable person         182(2)
notification day         93EC
order         72L(1)
overtime         Sch. 1 cl. 11(2)
parliamentary purposes         111A(4)
participate         5(1)
partner         Sch. 1A cl. 2(1)
party         5(1)
pending arbitration proceeding         Sch. 8 cl. 1
pending Court of Appeal matter         Sch. 8 cl. 1
pending Part XII application         Sch. 8 cl. 1
pending Part XIII matter         Sch. 8 cl. 1
personal injury by accident         5(3)
Petroleum Act         Sch. 6 cl. 1
physiotherapist         5(1)
place of residence         19(3)
prescribed         175E
prescribed amount         5(1), 5A(1A), Sch. 1 cl. 18A(1d)
prescribed Commonwealth award or agreement         83(2A)
prescribed disease         49F(1)
prescribed employment         49F(1)
prescribed family member         Sch. 1A cl. 2(3)
prescribed workplace         Sch. 7 cl. 1
primary power         212
principal         175(1) and (6)
proclaimed date         4(1), 316, Sch. 5 cl. 1(1), Sch. 7 cl. 1
prohibited drug         31F(1), 93Q(8)
prohibited person         5(1), 5B(2)
qualifying period         49A
reasonable expenses referred to in clause 17(1)         Sch. 1 cl. 18A(1AA) and
        18D(1A)
redemption amount         Sch. 5 cl. 1(1)
registered agent         5(1)
registered club         11A(1)
Registrar         5(1)
relevant authority         144
relevant Commonwealth award         Sch. 1 cl. 16A(1)
relevant day         11A(1), Sch. 5 cl. 3(8)
relevant document         180(1)
relevant employment         5(1)
relevant level         93D(1)
relevant period         93E(12)
remuneration         159
repealed Act         5(1)
representative         265(1)
response         72H(1)
response period         72H(1)
responsible officer         170(6)
retraining criteria         158(1)
return to work         5(1)
return to work program         155
rule         293(1)
rules         293(1)
Seas and Submerged Lands Act         Sch. 6 cl. 1
secondary condition         146
self-insurer         5(1)
settlement         72K(1)
ship         5(1)
special evaluation         146C(4), 146E(2)
specialised retraining assessment panel         5(1)
specialised retraining program         5(1)
specialist         5(1)
specified         154A(2)
specified disease         49A
spouse         Sch. 5 cl. 1(1)
State         5(1), 20(1)
State’s legislation about damages for a work related injury         93AE
statutory expenses         182K(4)
subsequent proceeding         182ZM(1)
substantial interruption         19(3)
substantive law         93AE
supplementary amount         Sch. 5 cl. 1(1)
Supreme Court roll         5B(1)
termination day         93E(1)
territorial sea         Sch. 6 cl. 1
treating medical practitioner         155
tributer         5(1)
Trust Account         5(1)
trust moneys         72K(1)
vocational rehabilitation         5(1)
W         175AA(1)
weekly earnings         Sch. 1 cl. 11(1) and 14
weekly payments         Sch. 5 cl. 3(2)
weekly payments of compensation         5(1)
WorkCover Guides         5(1)
WorkCover WA         5(1), 314(2)
worker         5(1), 8, 9, 10, 11A(2), 93AC, Sch. 1A cl. 1
workers’ compensation cover         170(7)
working director         10A(1)


© State of Western Australia 2023


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This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State of Western Australia 2023


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By Authority: GEOFF O. LAWN, Government Printer



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