Workers' Compensation Amendment Act 1981 (WA)

WESTERN AUSTRALIA.

WORKERS' COMPENSATION.

No. 44 of 1981.

AN ACT to amend the Workers' Compensation Act

1912-1979.

[Assented to 1 September 1981.1

BE 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'	and citation.
Short title

Compensation Amendment Act 1981.

Reprinted as

(2) In this Act the Workers' Compensation Act approved 28

1912-1979 is referred to as the principal Act.

July 1978and amended

by Acts Nos.

67 of 1979

(3)	The principal Act as amended by this Act may	and 85 of
1979.

be cited as the Workers' Compensation Act 1912-

No. 44.] Workers' Compensation. [1981.

Commence-

ment. 2. (1) This Act, other than paragraph (a) of section 3, shall come into operation on 1 September 1981.

(2) Paragraph (a) of section 3 shall be deemed to

have come into operation on 27 December 1973.

First

Schedule 3. Clause 1 of the First Schedule to the principal

amended. Act is amended in paragraph (c)

(a) by deleting "but the total liability of the employer in respect of weekly payments shall not exceed the prescribed amount unless the Board so orders under paragraph (aa) of subsection (7) of section 29 of this Act." and substituting the following

C' but the entitlement of a worker to

weekly payments during an incapacity under this Act ceases if and when the total weekly payments for that incapacity reaches the prescribed amount, unless the Board has made or makes an order to the contrary under section 29 (7) (aa) of this Act, and there shall be no revival of, or increase in, that entitlement upon any sub- sequent increase in the prescribed amount. " ; and

(b) by deleting proviso (d) and substituting the following proviso-

" (d) (i) The hospital charges men- tioned in paragraph (c) of this proviso for treatment and maintenance of the worker in a hospital shall, subject to sub- paragraph (ii) of this para- graph, be as provided under the Hospitals Act 1927 in relation to such cases.

(ii) Where, on reasonable medical

advice in the interests of the

health of the worker or where

1981.] Workers' Compensation. [No. 44.

by reason of the unavailability of hospital accommodation, the worker occupies more expensive hospital accom- modation than that to which the charges provided under the Hospitals Act 1927 refer the Board may, on the application of the worker, determine that a rate higher than those provided under the Hospitals Act 1927 shall be the rate for hospital charges men- tioned in paragraph (c) of this proviso. " .