WORKERS' COMPENSATION AND INJURY MANAGEMENT REGULATIONS 1982

Western Australian Current Regulations

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WORKERS' COMPENSATION AND INJURY MANAGEMENT REGULATIONS 1982

TABLE OF PROVISIONS

PART 1 -- Preliminary

1. Citation
2. Commencement
2AAA. Terms used
2AA. Notes not part of regulations

PART 2 -- General

2A. Indexation of redemption amount
3. Certain registered bodies specified for definition of company (Act s. 5(1))
3A. Instruments under Commonwealth laws prescribed for definition of industrial award in Act
4A. Certain mines, mining operations prescribed for definition of mine or mining operation in Act
4. Form of election
5. Determination form for medical panel
6AA. Form of claim for compensation
6AB. Relevant document (Act s. 180(1)(j))
6A. Form of first certificate of capacity
6B. Form for insurer accepting liability
6C. Form for insurer disputing liability
6D. Form for insurer undecided on liability
6E. Form for employer disputing liability
6F. Form for employer undecided on liability
6G. Giving notices under Act s. 57A and s. 57B and r. 25
7. Discontinuance or reduction of weekly payments
7A. Form of progress certificate of capacity
8. Frequency and time of medical examinations (Act s. 66)
9. Compound discount table
9A. Discount formula
10. Worker not residing in State
11. Payments after death outside State
11A. Amount to discharge liability for child’s allowance (Act s. 72J(5))
12. Agreements
12AA. Notice of intention to dismiss worker (Act s. 84AB)
12A. Contributions to General Account
13. Ascertaining amount for reimbursement (Act s. 154AC(1))
13A. Prescribed rate of interest (Act s. 222(2), 223(2) and 224(2))
14. Insurance requirement (Act s. 160(1))
15. Statements by approved insurance offices
16A. Clause 1C notifications and elections (Act Sch. 1 cl. 1C, Sch. 8 cl. 10)
17. Prescribed allowance (Act Sch. 1 cl. 11(2))
17AA. Prescribed rate for vehicle running expenses (Act Sch. 1 cl. 19(1))
17AB. Exceptional circumstances (Act Sch. 1 cl. 18A(2aa)(c)(ii))
17AC. Management plan (Act Sch. 1 cl. 18A(2ac))
17AD. Extending final day
17AE. Amount prescribed for funeral expenses (Act Sch. 1 cl. 17(2), Sch. 8 cl. 10(1))
17AF. Amount prescribed for child’s allowance (Act Sch. 1A cl. 5(b))
17AG. Amount prescribed for funeral expenses (Act Sch. 1A cl. 9(2)(b))
17A. Supplementary amount
17B. Witness allowances
18. Form of election to receive redemption amount or supplementary amount

PART 2A -- Assessment of costs

18A. Application of this Part
18B. Terms used
18C. Application for assessment of costs
18D. Taxing officer may require application to be given to other persons
18E. Taxing officer may require documents or further particulars
18F. Consideration of application
18G. Assessment to give effect to order and costs determination
18H. Matters to be considered
18I. Cost of assessment
18J. Enforcement of assessment
18K. Correction of error
18LA. Transitional provision

PART 2B -- Medical assessment

18L. Terms used
18M. Request for assessment by approved medical specialist of worker’s degree of impairment
18N. Requirement to attend at place specified by approved medical specialist
18O. Requirement to produce to approved medical specialist relevant documents and information and give consent
18P. Period for compliance with requirements
18Q. Requirement for worker to produce requested information
18R. Reports and certificates regarding outcome of assessment
18S. Requirement to attend at place specified by approved medical specialist panel
18T. Requirement to produce to approved medical specialist panel relevant documents and information and give consent
18U. Period for compliance with requirements
18V. Requirement for worker to produce requested information
18W. Reports and certificates regarding outcome of assessment

PART 3 -- Noise induced hearing loss

19A. Terms used
19B. Persons approved to carry out audiometric testing
19C. Testing procedures
19D. Notice of audiometric test and testing arrangements
19E. Calculation of loss of hearing
19F. Report on audiometric test and storage of results
19H. Retest of person’s hearing
19I. Prescribed workplaces

PART 3A -- Constraints on awards of common law damages

Division 1 -- 1993 scheme

19IA. Guides for assessing degree of disability
19J. Assessment of degree of disability
19JA. Method of referral and notification when Act s. 93EA(3) applies
19JB. Method of referral and notification when Act s. 93EB(3) applies
19K. Agreement as to degree of disability
19L. Determination of degree of disability
19M. Election to retain right to seek common law damages
19N. Extension of time to make election under Act s. 93E(3)(b)
19O. Application for compensation
19P. Notification to workers about elections as to common law damages

Division 2 -- 2004 scheme

20. Recording agreement
21. Recording assessment
22. Electing to retain right to seek damages
24. Expected time for approved medical specialist to give assessment documents
25. Notice relating to common law claims

PART 4 -- Registered agents

Division 1 -- Preliminary

26. Terms used
27. Prescribed organisations (Act s. 277(1)(e))
27A. Prescribed classes of persons (Act s. 277(1)(f))

Division 2 -- Registration and renewal

28. Application for registration
29. Registration
30. Indemnity and other conditions of registration
31. Duration of registration
32. Application for renewal of registration
33. Certificate of registration
34. False or misleading information

Division 3 -- The register

35. Register
36. Removal from register

Division 4 -- Disciplinary powers

37. Restriction on exercise of powers
38. Cancellation of registration
39. Taking disciplinary action
40. Return of certificate of registration

Division 5 -- Review

41. Review by SAT

Division 6 -- Miscellaneous

42. Evidentiary matters

PART 5 -- Injury management

44. Vocational rehabilitation services
44A. Counselling psychology
44B. Exercise physiology
44C. Acupuncture
45. Insurer to advise of injury management obligations

PART 6 -- Specialised retraining programs

47. Recording agreement
48. Extending final day
49. Request for WorkCover to direct payment

PART 7 -- Infringement notices and modified penalties

50. Prescribed offences
51. Prescribed modified penalties
52. Prescribed form of infringement notice
53. Prescribed form of withdrawal of notice

PART 8 -- Lodging documents

54. Terms used
55. Completion of documents
56. EDS exempt
57. Lodging documents
58. Lodging by email
59. Day of lodgment
60. Notification by Director

PART 9 -- Variation of certain amounts

61. Amount C (Act s. 5A(1A))
62. Prescribed amount (Act s. 5A(1A))
63. Board and lodging value (Act Sch. 1 cl. 15)
64. Wheeled chair or similar appliance expenses (Act Sch. 1 cl. 17(4))
65. Meals and lodging cost (Act Sch. 1 cl. 19(1))
66. Rounding

PART 9A -- Specified diseases contracted by firefighters

66A. Specified diseases for firefighters (Act Sch. 4A)

PART 10 -- Prescribed diseases: presumption of work‑related injury

67. COVID‑19: prescribed disease and prescribed employment (Act s. 49F)
68. Post‑traumatic stress disorder: prescribed disease and prescribed employment (Act s. 49F)
Appendix I
Appendix II
Appendix III
Appendix IV -- Registered agents code of conduct
Appendix V -- Prescribed offences and modified penalties
Compilation table

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