Western Australian Current Acts Western Australian Current Acts (1) In this section
—
asbestos-carrying vessel means a vessel from which
asbestos was unloaded, or onto which asbestos was loaded, in a harbour or port
area within the State at any time after 1 January 1943 but before 30 June
1969;
critical time , in relation to an
asbestos-carrying vessel, means a time after 1 January 1943 but before 30 June
1969 when asbestos was unloaded from, or loaded onto, the vessel in a harbour
or port area within the State.
(2) Where WorkCover WA
has, whether before or after the commencement of this Act, charged moneys to
the Fund under section 8, it may recover those moneys in accordance with this
section, except to the extent, if any, that they have been recovered under
section 9, and credit the amount recovered to the Fund.
(3) WorkCover WA may
give notice in writing to —
(a) a
person who was, at any critical time, the owner of an asbestos-carrying
vessel;
(b) an
insurer by which a person referred to in paragraph (a) was, at any critical
time, insured against liability for claims arising under the laws of the State
relating to workers compensation in connection with the loading or unloading
of the asbestos-carrying vessel,
advising the person or
insurer that, as a result of having been the owner or insurer of such a vessel
at such a time, the person or insurer will be required to contribute towards
reimbursing WorkCover WA for payments made under section 8 and that, in order
to facilitate the spreading of the liability to reimburse amongst all such
persons or insurers, particulars relating to any other asbestos-carrying
vessel should be provided to WorkCover WA within a period of 1 month after the
notice is given.
(4) At least one month
after WorkCover WA has given to a person or insurer notice under subsection
(3), WorkCover WA may require the person or insurer to pay to WorkCover WA,
within a time specified in the requirement, an amount specified in the
requirement.
(5) An amount required
under subsection (4) to be paid by a particular person or insurer is to bear
to the total amount of the moneys recoverable under this section the same
proportion as the number of asbestos-carrying vessels owned or insured by that
person or insurer, as the case may be, bears to the total number of
asbestos-carrying vessels known to WorkCover WA.
(6) In respect of a
particular asbestos-carrying vessel, WorkCover WA may recover under this
section from either the owner or the insurer, or both of them, but where
WorkCover WA recovers from both of them the total amount recovered is not to
exceed the amount that is recoverable under this section from either of them
in respect of that vessel.
(7) Where WorkCover WA
has, under section 9, recovered moneys from a person or insurer referred to in
subsection (3), a credit for the moneys so recovered is to be given against an
amount required to be paid under this section.
(8) An amount required
under this section to be paid by a person or insurer is recoverable by
WorkCover WA from the person or insurer, as the case may be, as a debt due.
(9) Where, after
WorkCover WA has required payment under this section —
(a)
WorkCover WA comes to know of any asbestos-carrying vessel that was not taken
into account in calculating the amount required to be paid; or
(b) by
reason of the payment of further moneys under section 8 or the recovery of
further moneys under section 9, the total amount of moneys paid under
section 8 but not recovered under section 9 increases or decreases,
WorkCover WA is to
recalculate the amount that would be required to be paid under this section by
each person or insurer if no payment under this section had already been made,
and accordingly require such payment, or give such refund, as the case
requires.
[Section 11 inserted: No. 55 of 1991 s. 4;
amended: No. 49 of 1996 s. 64; No. 42 of 2004 s. 170(10).]
This is a compilation of the Waterfront Workers (Compensation for Asbestos
Related Diseases) Act 1986 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 |
|---|---|---|---|
|
Waterfront Workers (Compensation for Asbestos Related Diseases) Act 1986 |
84 of 1986 |
5 Dec 1986 |
5 Dec 1986 (see s. 2) |
|
Acts Amendment (Workers’ Compensation and Assistance) Act 1986 Pt. IV |
86 of 1986 |
5 Dec 1986 |
2 Jan 1987 |
|
Waterfront Workers (Compensation for Asbestos Related Diseases) Amendment Act
1987 |
22 of 1987 |
25 Jun 1987 |
25 Jun 1987 (see s. 2) |
|
Waterfront Workers (Compensation for Asbestos Related Diseases) Amendment Act
1991 |
55 of 1991 |
17 Dec 1991 |
14 Jan 1992 |
|
Acts Amendment (ICWA) Act 1996 s. 38 |
45 of 1996 |
25 Oct 1996 |
1 Oct 1997 (see s. 2 and Gazette 23 Sep 1997 p. 5357) |
|
Financial Legislation Amendment Act 1996 s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
|
Workers’ Compensation and Rehabilitation Amendment Act 1999 s. 61 |
34 of 1999 |
5 Oct 1999 |
15 Oct 1999 (see s. 2(2) and Gazette 15 Oct 1999 p. 4889) |
|
Reprint of the Waterfront Workers (Compensation for Asbestos Related
Diseases) Act 1986 as at 12 Apr 2002 (includes amendments listed above) | |||
|
Workers’ Compensation Reform Act 2004 s. 170 and 174 |
42 of 2004 |
9 Nov 2004 |
s. 170(1), (2)(b) and (c) and (10) and s. 174: 4 Jan 2005 (see s. 2 and
Gazette 31 Dec 2004 p. 7131); |
| | | |
s. 170(2)(a) and (3)-(9): 14 Nov 2005 (see s. 2 and Gazette 31 Dec 2004 p.
7131 and 17 Jun 2005 p. 2657); |
|
Reprint 2: The Waterfront Workers (Compensation for Asbestos Related
Diseases) Act 1986 as at 6 Feb 2015 (includes amendments listed above) | |||
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
21 of 2023 |
24 Oct 2023 |
1 Jul 2024 (see s. 2(d) and SL 2024/34 cl. 2) |
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)
arbitrator
3
asbestos-carrying vessel 11(1)
compensation 5(4)
Compensation Act
3
critical time 11(1)
Fund
3
ICWA 3
relevant injury
4(2)
waterfront worker
3
WorkCover WA 3
© State of Western Australia 2023
.
This work is licensed under a Creative Commons Attribution 4.0 International
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the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State
of Western Australia 2023
.
By Authority: GEOFF O. LAWN, Government Printer