Western Australian Current Acts Western Australian Current Acts (1) Where WorkCover WA
has charged an amount to the Fund under section 8 and WorkCover WA has
evidence of —
(a) the
identity of the employer who, under the Compensation Act, was liable to pay
the compensation met by moneys standing to the credit of the Fund; or
(b) the
identity of the employer referred to in paragraph (a) and the identity of the
insurer who is liable to indemnify the employer against his liability to pay
the compensation referred to in paragraph (a),
WorkCover WA may
apply, in accordance with the Workers’ Compensation and Injury
Management Act 1981 , to an arbitrator for an order —
(c) that
the employer was liable to pay compensation met by moneys standing to the
credit of the Fund; and
(d)
where appropriate, that the insurer is liable to indemnify the employer
against his liability to pay the compensation referred to in paragraph (a);
and
(e) that
compensation met by moneys standing to the credit of the Fund be refunded by
the employer or, if an order has been made under paragraph (d), by the insurer
of that employer, to WorkCover WA and credited to the Fund.
(2) Section 74 of the
Compensation Act applies in respect of the liability of insurers and the
resolution of disputes between insurers for the purposes of this section in
the same way as it applies under the Compensation Act.
(3) An arbitrator has
—
(a)
jurisdiction to hear and determine an application under subsection (1) and
make any order in relation thereto or any part thereof as the arbitrator
considers appropriate in the circumstances; and
(b) the
same functions under this section as the arbitrator has under the Compensation
Act.
(4) The Compensation
Act applies to an order or determination made under this section in the same
way as if it had been made by the arbitrator under that Act.
[Section 9 amended: No. 49 of 1996 s. 64; No. 34
of 1999 s. 61; No. 42 of 2004 s. 170(6)-(8) and (10).]