Local Government Amendment Act 1995 (WA)

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WESTERN AUSTRALIA

LOCAL GOVERNMENT AMENDMENT ACT 1995

No. 18 of 1995

AN ACT to amend the Local Government Act 1960.

[Assented to 4 July 1995.]

The Parliament of Western Australia enacts as follows:

Short title

1. This Act may be cited as the Local Government Amendment

Act 1995.

No. 18]

Local Government Amendment Act 1995

Commencement

2.    This Act comes into operation on the day on which it

receives the Royal Assent.

Part VIE inserted in the Local Government Act

3. After section 170E of the Local Government Act 1960* the

following Part is inserted -

fl

PART VIB — WORKERS' COMPENSATION

ARRANGEMENT

Interpretation

170F. In this Part -

"arrangement" means the group self-insurance arrangement established under section 170G;

"eligible body" means -

(a)

a municipality;

(b)

a regional council; or

(c)

any other body with functions relating to local government approved in writing by the Minister;

1WAMA." means the Western Australian Municipal Association referred to in section 733A;

"Commission" means the Workers' Compensation and Rehabilitation Commission constituted under the Workers' Compensation Act;

Local Government Amendment Act 1995

[No. 18

'Workers' Compensation Act" means the Workers' Compensation and Rehabilitation Act 1981.

Establishment of the arrangement

170G. (1) WAMA shall establish and manage, for the benefit of itself and any eligible body that chooses to participate, a group self-insurance arrangement against liability to pay compensation under the Workers' Compensation Act.

This section does not operate unless the group

of participants in the arrangement is exempted under

section 164 of the Workers' Compensation Act.

(2)

Nothing in this Part limits the application of the Worker's Compensation Act.

(3)

Variation in participants

170H. If an eligible body wishes to join or leave the arrangement, WAMA shall apply to the Commission to seek a variation in the group exemption.

Participants to share liability

1701. Participants in the arrangement are jointly and severally liable for a liability of any participant to pay compensation under the Workers' Compensation Act, being a liability in relation to which that participant is exempted under section 164 of that Act from the requirement to insure.

No. 18]

Local Government Amendment Act 1995

Dissolution of the arrangement

170J. WAMA shall dissolve the arrangement if

exemption of the group under section 164 of the

Workers' Compensation Act is cancelled.

[* Reprint approved 24 June 1983.

For subsequent amendments see 1993 Index to Legislation of Western Australia, Table 1, pp. 123-5 and Acts Nos. 40 of 1993 and 6, 27, 60, 69, 70, 73, 84, 89 and 92 of 1994.]

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