Western Australian Current Regulations Western Australian Current Regulations (1) A claim for
compensation for noise induced hearing loss made under the former Act (a
former Act NIHL claim ) that was not decided before 1 July 2024 must
be dealt with as a claim for noise‑induced hearing loss compensation (as
defined in section 108(1) of the Act) under the Act as if made under the
Act.
(2) A former Act NIHL
claim is considered to have been decided under the former Act if —
(a)
liability for the compensation claimed was accepted under the former Act by
the insurer or employer; or
(b) an
arbitrator determined under the former Act that the worker was entitled to the
compensation claimed; or
(c) an
election has been made under section 24A or 31E of the former Act in
respect of the claim; or
(d) the
compensation claimed has been paid.
(3) If liability for a
former Act NIHL claim that must be dealt with under the Act was disputed by
the insurer or employer in respect of any of the following matters, and the
dispute was not determined under the former Act before 1 July 2024,
the dispute must be dealt with under the Act —
(a) the
amount of compensation to which the worker is entitled; or
(b) the
liability of an employer to pay compensation; or
(c) the
results of a full audiometric test; or
(d) the
percentage of noise induced hearing loss determined by an
otorhinolaryngological assessment.