Western Australian Current Acts Western Australian Current Acts (1) If, on or after
the coming into operation of this Act, a person is entitled to make a claim
against an employer that the employer is liable to pay compensation under the
Compensation Act for an injury to, or the death of, a waterfront worker to
whom this Act applies, the person entitled to make that claim may make the
claim against the ICWA for payment of that compensation.
(2) A person making a
claim under subsection (1) shall —
(a) do
so in writing; and
(b)
lodge the claim with the ICWA, together with a full employment history of the
waterfront worker verified by statutory declaration.
(3) Subject to this
Act, where a claim is made under subsection (1) —
(a) the
claimant has the same rights and remedies against the ICWA; and
(b) the
ICWA has the same liability to the claimant and the same rights and remedies
in respect of that liability,
under the Compensation
Act as the claimant and the ICWA would have had if the ICWA were the employer
referred to in section 4(1).
(4) In subsection (1)
compensation includes —
(a) an
amount in settlement of a claim for compensation; and
(b) all
amounts payable under Schedules 1 and 5 of the Compensation Act.
[Section 5 amended: No. 45 of 1996 s. 38.]