Workers' Compensation Act Amendment Act (No. 2) 1977 (WA)

WESTERN AUSTRALIA.

WORKERS' COMPENSATION

(No. 2).

No. 70 of 1977.

AN ACT to amend the Workers' Compensation Act,

1912-1976.

[Assented to 28th November, 1977.]

RE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent

of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Workers' Short title and citation.

Compensation Act Amendment Act (No. 2), 1977.

(2) In this Act the Workers' Compensation Act, Reprinted as ed

1912-1976 is referred to as the principal Act.	reprint 26 for	th
A

as l, 19 pr i 7 4.

saenmded by Acts Nos

(3) The principal Act as amended by this Act may 42 of /975.76

of 19. and 75

be cited as the Workers' Compensation Act, 1912- 111 011976.

No. 70.] Workers' Compensation (No. 2). [1977.

Section 5

amended. 2. Subsection (1) of section 5 of the principal Act

is amended

(a)	as to the interpretation "Employer", by deleting the passage "or (c)", in line three of the second paragraph; and
(b)	as to the interpretation "Worker", by deleting the passage ", road board,", in-

(i)  lines two and three of the fifth paragraph; and

(ii)  the penultimate line of the fifth paragraph.

Sections SA.

5B and SC 3. The principal Act is amended by adding

added.

immediately after section 5 the following new

sections-

Exclusion of

certain	5A. Notwithstanding anything in section five
persons who

are contest-	of this Act, a person shall be deemed not to be
ants in
sporting	a worker within the meaning of this Act while
or athletic
activities.	he is, pursuant to a contract

(a)	participating as a contestant in any sporting or athletic activity;
(b)	engaged in training or preparing himself with a view to his so participating; or

(0) engaged on any regular journey, daily or other periodic journey, or other journey in connection with his so participating or being so engaged,

if under that contract, he is not entitled to any remuneration other than remuneration for the doing of those things.

Compensa-

tion not	5B. (1) A person is not entitled to claim or of an injury to or the death of a person that occurred before the coming into operation of
payable In
certain	receive compensation under this Act, in respect
cases.

1977.] Workers' Compensation (No. 2). [No. 70.

section five A of this Act if, had that section been in force when the injury or death occurred, the person who was injured or died would not have been a worker within the meaning of this Act by reason only of the amendments made by that section.

(2) Subsection (1) of this section does not apply to or in relation to compensation in respect of which proceedings had been commenced in the Board before the fifth day of July, 1977.

Continued

5C. Nothing in sections five A or five B of this Act in any way affects or limits the

operation of

this Act

where com-

pensation

operation of this Act apart from those sections

previously

in relation to an injury to or the death of a

Paid.

person if any person, at any time before the coming into operation of those sections, received compensation under this Act in respect of that injury or death, and this Act shall continue to apply to the liability for and the right to compensation in respect of that injury or death as if those sections were not in this Act. .

Section 30

4. Subsection (la) of section 30 of the amended.

principal Act is amended by inserting immediately after the word "triennial", in line three of paragraph (e), the word "determination".