Workers' Compensation and Injury Management Amendment Act 2011 (WA)

Western Australia

Workers’ Compensation and Injury Management Amendment Act 2011

Western Australia

Workers’ Compensation and Injury Management Amendment Act 2011

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
3.	Act amended	2
Part 2 — Amendments about dispute

resolution

Division 1 — Main amendments

Section 177 replaced

177.

Object of this Part

5. Part XI Division 3 heading replaced and Part XI

Division 3 Subdivision 1 heading inserted

Division 3 — Conciliation

Subdivision 1 — Workers’ Compensation

Conciliation Service

6. Section 181 replaced and Part XI Division 3

Subdivisions 2 to 5 and Part XI Division 4 inserted

181.	Workers’ Compensation Conciliation

Service established

182A.	Director	4
182B.	Conciliation officers	5
182C.	Provisions about designations	6
182D.	Delegation by Director	6

Subdivision 2 — Resolution of disputes by

conciliation

182E.

Application for conciliation

Workers’ Compensation and Injury Management Amendment Act 2011

Contents

182F.	Acceptance of application	7
182G.	Director to allocate dispute	7
182H.	Director may certify that dispute is not
suitable for conciliation	8
182I.	Conciliation process	8
182J.	Powers	8
182K.	Payment directions	9
182L.	Interim suspension or reduction directions	10
182M.	Provisions about directions	11
182N.	Finalising orders	12
182O.	Conclusion of conciliation and certificate of
outcome	13

Subdivision 3 — Practice and procedure

182P.	Obtaining information	13
182Q.	Scope of conciliation	14
182R.	Conciliation officer may provide
information to another party or a medical
practitioner	14
182S.	Representation	15
182T.	Litigation guardian	16
182U.	Interpreters and assistants	16
182V.	Alternative means of participation in
conciliation	16
182W.	Conciliation to be in private	17
182X.	Attendance at meetings and conferences	17
182Y.	Privilege against self incrimination	18
182ZA.	Legal professional privilege in relation to
medical reports	18
182ZB.	Other claims of privilege	19
182ZC.	Dealing with documents produced	19
182ZD.	Referral of medical dispute for
assessment	20

Subdivision 4 — General provisions about

directions, orders and conciliation

agreements

182ZE.	Terms used	21
182ZF.	When decision or conciliation agreement
has effect	21
182ZG.	Correcting mistakes	21
182ZH.	Enforcement of decisions and conciliation
agreements	22
182ZI.	Conciliation decisions not reviewable	22
182ZJ.	Provisions about revoked directions	22
182ZK.	Recovery of payments	23
182ZL.	Director may order payment by insurer	24

Subdivision 5 — Miscellaneous

182ZM.	Evidence not admissible in proceedings	24
182ZN.	Payment of compensation	24

Workers’ Compensation and Injury Management Amendment Act 2011

Contents

Division 4 — Arbitration

Subdivision 1 — Workers’ Compensation

Arbitration Service

182ZO.

Workers’ Compensation Arbitration

Service established

182ZP.

Registrar

182ZQ.

Arbitrators

182ZR.

Provisions about designations

182ZS.

Delegation by Registrar

Subdivision 2 — Determination of disputes by

arbitration

182ZT.	Application for arbitration	27
182ZU.	Acceptance of application	28

182ZV. Registrar to allocate dispute

Section 185 replaced

185.

Arbitration process

8.	Section 189 amended	29
9.	Section 204A inserted	29

204A.

Evidence of communication between

worker and WorkCover WA employee

10.	Section 211 amended	30
11.	Sections 217A and 217B inserted	30

217A.	Arbitrator may review decision	30
217B.	Arbitration decisions not reviewable	30

12.	Part XII deleted	31
13.	Part XIII heading amended	31
14.	Sections 245 and 246 deleted	31
15.	Section 247 amended	31
16.	Sections 248 and 249 deleted	32
17.	Section 250 amended	33
18.	Sections 251 to 253 deleted	33
19.	Section 254 replaced	33

254.

Appeal to Court of Appeal by leave

20.

Section 267 replaced

267.

Appeal costs

21.	Part XVII deleted	34
22.	Sections 293A and 293B inserted	34

293A.	Conciliation rules	34
293B.	Arbitration rules	35

23.	Section 293 amended	36
24.	Section 294 replaced	36

294.

Practice notes

Workers’ Compensation and Injury Management Amendment Act 2011

Contents

Division 2 — Consequential and miscellaneous

amendments

25.	Section 5 amended	37
26.	Section 67 amended	38
27.	Section 76 amended	39
28.	Section 91 amended	39
29.	Section 93D amended	39
30.	Section 106 amended	39
31.	Section 144 inserted	40

144.

Term used: relevant authority

32.	Section 145A amended	40
33.	Section 145B amended	41
34.	Section 145C amended	41
35.	Section 145D amended	41
36.	Section 145E amended	41
37.	Section 145F amended	42
38.	Section 146F amended	42
39.	Section 146M amended	42
40.	Section 146S amended	43
41.	Section 176 amended	43
42.	Section 180 amended	43
43.	Section 182 amended	43
44.	Section 183 amended	44
45.	Section 184 deleted	44
46.	Sections 186 and 187 deleted	44
47.	Part XI Division 4 heading deleted and Part XI
Division 4 Subdivision 3 heading inserted	44
Subdivision 3 — Practice and procedure
48.	Section 193 amended	44
49.	Section 194 amended	45
50.	Section 195 amended	45
51.	Section 196 replaced	45

196.

Litigation guardian

52.	Section 198 amended	46
53.	Section 199 amended	46
54.	Section 204 amended	46
55.	Section 205 amended	46
56.	Part XI Division 5 heading deleted and Part XI
Division 4 Subdivision 4 heading inserted	47
Subdivision 4 — Decisions
57.	Part XI Division 5 Subdivision 1 heading deleted	47

Workers’ Compensation and Injury Management Amendment Act 2011

Contents

58.	Part XI Division 5 Subdivision 2 heading deleted	47
59.	Section 218 amended	47
60.	Part XI Division 5 Subdivision 3 heading deleted	47
61.	Part XI Division 6 heading deleted and Part XI
Division 4 Subdivision 5 heading inserted	47
Subdivision 5 — Miscellaneous
62.	Section 255 amended	48
63.	Section 256 replaced	48

256. Failure to comply with summons or

requirement to attend

64.	Section 257 amended	49
65.	Section 259 amended	49
66.	Section 260 deleted	50
67.	Section 268 amended	50
68.	Section 292 amended	50
69.	Section 299 amended	50
70.	Section 304 amended	51
71.	Section 305 amended	51
72.	Section 325 inserted	51

325.

Transitional provisions

73.	Schedule 7 amended	53
74.	Schedule 8 replaced	53
Schedule 8 — Transitional provisions

1.	Terms used	53
2.	Pending arbitration proceedings	54
3.	Pending Part XII applications	55
4.	Records	55
5.	Pending Part XIII matters	56
6.	Pending Court of Appeal matters	56
7.	Further Court of Appeal matters	56
8.	Continuation of Commissioner’s
appointment	57

75.	Various references to “Director” amended	57
76.	Various references to “DRD Rules” amended	58
Division 3 — *Workers’ Compensation (DRD)*

Rules 2005 repealed

77.	DRD Rules repealed	58
Part 3 — Other amendments
Division 1 — Amendments
78.	Long title amended	59

Workers’ Compensation and Injury Management Amendment Act 2011

Contents

79.	Section 3 amended	59
80.	Section 5 amended	60
81.	Section 10A amended	61
82.	Section 24A amended	61
83.	Section 31E amended	62
84.	Section 32 amended	62
85.	Section 33 amended	63
86.	Section 38 amended	63
87.	Section 41 amended	64
88.	Section 56 amended	64
89.	Section 57 amended	65
90.	Section 57A amended	65
91.	Section 57B amended	67
92.	Section 58 amended	67
93.	Section 67 amended	68
94.	Section 71 amended	68
95.	Section 83 amended	70
96.	Section 93K amended	70
97.	Section 100 replaced	70

100.

Functions of WorkCover WA

98.	Section 101 amended	72
99.	Section 106 amended	73
100.	Section 146H amended	73
101.	Section 151 amended	73
102.	Section 155E inserted	74

155E.

Notice of requirements of sections 155C

and 155D

103.	Section 157A deleted	74
104.	Section 159 inserted	74

159.

Terms used

105.	Section 160 amended	75
106.	Section 161A amended	77
107.	Section 164 amended	77
108.	Section 165 amended	77
109.	Section 168 amended	78
110.	Section 171 amended	79
111.	Section 172 amended	79
112.	Section 173 amended	79
113.	Section 174 amended	80
114.	Section 174AAA inserted	82

174AAA. Setting aside judgments and agreements

Workers’ Compensation and Injury Management Amendment Act 2011

Contents

115.	Section 174AB amended	84
116.	Section 174AC replaced	85

174AC.

WorkCover WA’s rights of indemnity and

subrogation

174AD.

Employer’s duty to assist WorkCover WA

117.	Section 174A amended	86
118.	Section 175 amended	86
119.	Section 175A amended	87
120.	Section 178 amended	87
121.	Section 270A inserted	88

270A.

Remuneration

122.	Section 277 amended	88
123.	Schedule 1 amended	88
124.	Schedule 3 amended	93
Division 2 — *Workers’ Compensation and Injury*

Management (Specified Industrial

Diseases) Order 2008 revoked

125.

Specified Industrial Diseases Order revoked

Western Australia

Workers’ Compensation and Injury Management Amendment Act 2011

No. 31 of 2011

An Act to amend the Workers’ Compensation and Injury Management

Act 1981 and for related purposes.

[Assented to 31 August 2011]

The Parliament of Western Australia enacts as follows:

Workers’ Compensation and Injury Management Amendment Act 2011

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This is the Workers’ Compensation and Injury Management

Amendment Act 2011.

2. Commencement

This Act comes into operation as follows —

(a)	sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3. Act amended

This Act amends the Workers’ Compensation and Injury

Management Act 1981.

Workers’ Compensation and Injury Management Amendment Act 2011

Amendments about dispute resolution

Part 2

Main amendments

Division 1

s. 4

Part 2 — Amendments about dispute resolution

Division 1 — Main amendments

4. Section 177 replaced

Delete section 177 and insert:

177. Object of this Part

(1)	The object of this Part is to provide a fair and cost effective system for the resolution of disputes under this Act that —

(a) is timely; and

(b)	is accessible, approachable and professional; and
(c)	minimises costs to parties to disputes; and
(d)	in the case of conciliation, leads to final and appropriate agreements between parties in relation to disputes; and
(e)	in the case of arbitration, enables disputes not resolved by conciliation to be determined according to their substantial merits with as little formality and technicality as practicable.

(2)	Dispute resolution authorities and officers of WorkCover WA mentioned in section 181(2)(b)(ii) or 182ZO(2)(b)(ii) are to have regard to the object of this Part when they perform their functions.

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s. 5

5. Part XI Division 3 heading replaced and Part XI Division 3 Subdivision 1 heading inserted

Delete the heading to Part XI Division 3 and insert:

Division 3 — Conciliation

Subdivision 1 — Workers’ Compensation Conciliation

Service

6. Section 181 replaced and Part XI Division 3 Subdivisions 2 to 5 and Part XI Division 4 inserted

Delete section 181 and insert:

181.

Workers’ Compensation Conciliation Service

established

(1)

A service called the Workers’ Compensation

Conciliation Service is established.

(2)

The Conciliation Service consists of —

(a) the Director; and

(b)	the staff of the Conciliation Service being —

(i) the conciliation officers; and

(ii)	the administration of the Conciliation

officers of WorkCover WA assisting in functions.

182A. Director

(1)	The chief executive officer is to designate a person who is an officer of WorkCover WA as the Director, Conciliation.

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(2) The Director —

(a)	is responsible for the administration of the Conciliation Service; and
(b)	is to allocate work to conciliation officers; and
(c)	without limiting the functions of the chief executive officer, is to manage and direct the staff of the Conciliation Service; and
(d)	has, and may perform, all the functions of a conciliation officer; and
(e)	is to provide advice as to the content of the conciliation rules; and
(f)	has the other functions conferred on the Director by this Act or any other written law.

(3)	The Director is not subject to the management or direction of the chief executive officer as to any decision to be made, or discretion to be exercised, in relation to a particular dispute.

182B.

Conciliation officers

(1)	The chief executive officer may designate a person who is an officer of WorkCover WA as a conciliation officer.
(2)	The chief executive officer may exercise the powers of an employing authority under the Public Sector Management Act 1994 section 100 to engage a person to be a conciliation officer on a sessional basis.
(3)	The number of persons designated or engaged under this section is to be determined by the chief executive officer having regard to the object of this Part.
(4)	Conciliation officers are not subject to the management or direction of the chief executive officer or the Director as to any decision to be made, or discretion to be exercised, in relation to a particular dispute.

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Part 2	Amendments about dispute resolution
Division 1	Main amendments
s. 6

182C.

Provisions about designations

(1)	In this section —
*designation* means a designation under section 182A(1) or 182B(1).
(2)	A designation is to be in writing and the Interpretation Act 1984 section 52 applies to it in the same way as that section applies to an appointment.
(3)	The designation of a person ceases to have effect if the person ceases to be an officer of WorkCover WA.

182D.

Delegation by Director

(1)	The Director may delegate a power or duty given to the Director under this Act to an officer of WorkCover WA or a person engaged under section 182B(2).
(2)	The Director is to make the delegation in writing signed by the Director.
(3)	A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4)	A person exercising or performing a power or duty that has been delegated to the person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5)	Nothing in this section limits the ability of the Director to perform a function through an officer or agent.

Subdivision 2 — Resolution of disputes by conciliation

182E.

Application for conciliation

(1)	A party to a dispute (referred to in this Division as the *dispute*) may apply to the Director in accordance with

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Amendments about dispute resolution

Part 2

Main amendments

Division 1

s. 6

this Act and the conciliation rules for resolution of the

dispute by conciliation.

(2)	Subsection (1) and section 182ZU(1) have effect despite any other provision of this Act —

(a)	enabling or requiring a party to make application for a dispute or matter to be heard and determined by an arbitrator; or
(b)	authorising an arbitrator to determine a dispute or matter.

Note:

For example, if an employer is ordered by the Director under

section 58(2a) to make an application for an arbitrator to hear and

determine the question of liability to make weekly payments, the

employer must first make an application for conciliation.

182F.

Acceptance of application

(1)	An application for conciliation cannot be accepted by the Director unless the Director is satisfied —

(a)	that it relates to a dispute as defined in section 176; and
(b)	that reasonable attempts have been made to resolve the dispute by negotiation with the other party or parties to the dispute.

(2)

The onus is on the applicant to satisfy the Director for

the purposes of subsection (1).

(3)

The Director may reject an application for conciliation

if it does not comply with the conciliation rules.

(4)

Conciliation commences when an application for

conciliation is accepted by the Director.

182G.

Director to allocate dispute

(1)	Subject to section 182H, when an application for conciliation is accepted the Director is to allocate the dispute to a conciliation officer.

Workers’ Compensation and Injury Management Amendment Act 2011

Part 2	Amendments about dispute resolution
Division 1	Main amendments
s. 6

(2)

The Director may reallocate the dispute to another

conciliation officer at any time.

(3)

The conciliation officer to whom the dispute is allocated for the time being is referred to in this Division as the conciliation officer.

182H.

Director may certify that dispute is not suitable for

conciliation

The Director may, without allocating the dispute, determine that no matter in dispute is suitable for conciliation and issue a certificate to that effect.

182I.

Conciliation process

(1)

The conciliation officer is to make all reasonable

efforts to bring the parties to the dispute to an

agreement acceptable to all of them.

(2)

The conciliation officer is to act —

(a)	fairly, economically, informally and quickly; and
(b)	according to the substantial merits of the case without regard to technicalities and legal forms.

182J.	Powers
The conciliation officer may —

(a)	require a party to the dispute to attend at a meeting with the conciliation officer;
(b)	require a party to the dispute to attend at a conciliation conference at which the conciliation officer and any other party to the dispute is present;
(c)	require a party to the dispute, or the representative of a party, to answer questions put by the conciliation officer;

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Amendments about dispute resolution

Part 2

Main amendments

Division 1

s. 6

(d)	require a party to the dispute, or the representative of a party, to produce documents to the conciliation officer, or consent to another person who has relevant documents producing them to the conciliation officer.

182K.

Payment directions

(1)

This section applies in relation to the employer and

worker who are parties to the dispute.

(2)

The conciliation officer may direct that weekly

payments of compensation be made by the employer to

the worker if the conciliation officer considers that it

would be reasonable to expect that the resolution or

determination of the dispute under this Part would

result in weekly payments of compensation becoming

payable.

(3)

The conciliation officer is not to direct that weekly

payments of compensation be made —

(a)	for a period that exceeds 12 weeks; or
(b)	if 2 or more directions are given: for periods the aggregate of which exceeds 12 weeks.

(4)

The conciliation officer may direct that a payment be

made by the employer in respect of a compensation

entitlement under clause 17 or 19 (statutory expenses)

if the conciliation officer considers that it would be

reasonable to expect that the resolution or

determination of the dispute under this Part would

result in statutory expenses becoming payable.

(5)

The conciliation officer is not to direct payment in

respect of statutory expenses —

(a)	of an amount that exceeds 5% of the prescribed amount; or

Workers’ Compensation and Injury Management Amendment Act 2011

Part 2

Amendments about dispute resolution

Division 1

Main amendments

s. 6

(b)	if 2 or more directions are given: of amounts the aggregate of which exceeds 5% of the prescribed amount.

(6)	A payment made by a party in accordance with a direction under subsection (2) or (4) —

(a)	is not an admission of liability by the party; and
(b)	does not prevent a question of liability from being heard and determined on an application under section 58 or otherwise under this Act as if the payment had not been made.

(7)

The conciliation officer, or another conciliation officer,

may, by further direction, vary, suspend or revoke a

direction previously given under subsection (2) or (4)

or this subsection.

(8)

When a direction under subsection (2) or (4) is revoked the obligation to pay compensation under the direction ceases.

(9)

The revocation of a direction given under

subsection (2) or (4) does not affect the requirement to

pay the compensation before the revocation.

182L.

Interim suspension or reduction directions

(1)

This section applies in relation to the employer and

worker who are parties to the dispute in a case where

weekly payments are being made otherwise than by

direction under section 182K.

(2)

The conciliation officer may direct that weekly

payments of compensation are to be suspended or

reduced if the conciliation officer considers that it

would be reasonable to expect that the resolution or

determination of the dispute under this Part would

result in the payments being suspended or reduced.

Workers’ Compensation and Injury Management Amendment Act 2011

Amendments about dispute resolution

Part 2

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Division 1

s. 6

(3)	The conciliation officer is not to direct the suspension or reduction of weekly payments —

(a)	for a period that exceeds 12 weeks; or
(b)	if 2 or more directions are given: for periods the aggregate of which exceeds 12 weeks.

(4)

The conciliation officer, or another conciliation officer,

may, by further direction, amend, suspend or revoke a

direction previously given under subsection (2) or this

subsection.

(5)

When a direction suspending weekly payments is

revoked —

(a)	the obligation to make weekly payments recommences from the date on which the suspension is revoked; and
(b)	the worker is to be paid the weekly payments that were not paid during the period of suspension unless the conciliation officer directs otherwise.

(6)	When a direction reducing weekly payments is revoked —

(a)	the obligation to make weekly payments as if the direction had not been made recommences from the date on which the direction is revoked; and
(b)	the worker is to be paid any amount of weekly payments to which the worker would have been entitled if the direction had not been made unless the conciliation officer directs otherwise.

182M. Provisions about directions

(1)

In this section —

direction means a direction under section 182K(2), (4)

or (6) or 182L(2) or (4).

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s. 6

(2)	The conciliation officer is not required to give reasons in writing for a direction.
(3)	A direction can be given subject to conditions.
(4)	A decision of the conciliation officer to give, or not to give, a direction is not a determination of liability.
(5)	The conciliation rules may regulate the giving of directions.

182N.

Finalising orders

(1)

The conciliation officer may, with the consent of the

parties to the dispute, issue an order of the kind that an

arbitrator could issue setting out matters that have been

agreed to during conciliation.

(2)

An order is not to be made under this section unless —

(a)	the parties have lodged with the Conciliation Service a memorandum of consent that sets out the terms of the order consented to by the parties; and
(b)	the conciliation officer is satisfied that —

(i) the parties have given their consent by free exercise of their will and without being induced by fraud or

misrepresentation; and

(ii) the parties understand the effect of giving their consent; and

(iii) the terms of the order consented to by the parties are terms that can be given effect to under this Act.

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Amendments about dispute resolution

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s. 6

182O.

Conclusion of conciliation and certificate of

outcome

(1)	Conciliation of the dispute ends when —

(a)	agreement is reached by the parties on all matters in dispute; or
(b)	the conciliation officer believes that there is minimal chance of agreement or further agreement, as the case may be, being reached; or
(c)	the time limit for conciliation, as provided or extended under the conciliation rules, has expired.

(2)	At the end of conciliation of the dispute the conciliation officer is to issue a certificate in accordance with the conciliation rules setting out —

(a)	the outcome of conciliation; and
(b)	the terms of any direction currently in force under section 182K or 182L.

(3)	The terms of an agreement reached by the parties are not to be included in the conciliation officer’s certificate unless they are terms that —

(a)	are of the kind that an arbitrator could determine; and
(b)	can be given effect to under this Act.

Subdivision 3 — Practice and procedure

182P.

Obtaining information

The conciliation officer is not bound by the rules of

evidence and may use any means the conciliation

officer thinks fit in order to be informed about any

matter.

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Part 2	Amendments about dispute resolution
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s. 6

182Q.

Scope of conciliation

(1)

The matters that may be discussed and agreed on at

conciliation or the subject of a direction under

section 182K or 182L are not necessarily limited by the

extent of the dispute as detailed in the application for

conciliation.

(2)

However subsection (1) does not prevent the

conciliation officer from determining that a matter is

beyond the scope of the application for conciliation and

should be the subject of another application for

conciliation.

182R.

Conciliation officer may provide information to

another party or a medical practitioner

(1)	In this section —
*information* includes a document or other material.
(2)	When information is provided to the conciliation officer by a party to the dispute or another person (whether or not pursuant to a requirement by the conciliation officer), the conciliation officer may provide the information to —

(a)	any other party to the dispute; or
(b)	any other party’s legal representative or registered agent; or
(c)	a medical practitioner (including a medical assessment panel).

(3)	The conciliation officer may, when providing information to another person, prohibit or restrict the disclosure of the information to another person.

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Amendments about dispute resolution

Part 2

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Division 1

s. 6

182S.

Representation

(1)	At any meeting with the conciliation officer or conciliation conference, a party to the dispute may appear in person or may be represented by —

(a) a legal practitioner; or

(b) a registered agent; or

(c)	if the party is a body corporate, a director, secretary, or other officer of the body corporate; or
(d)	if the party is a public sector body as defined in the Public Sector Management Act 1994 section 3(1), a public sector employee authorised by the party to represent the party.

(2)	The conciliation officer may refuse to permit an employer or an insurer to be represented by a legal practitioner or registered agent if a party who is a worker is not represented by a legal practitioner or registered agent.
(3)	A prohibited person cannot represent a party.
(4)	In subsection (3) —
*prohibited person* has the meaning given in the Legal Profession Act 2008 section 18(1) except that it does not include a person whose name has been removed from an Australian roll (as defined in section 3 of that
Act) at the person’s own request.
(5)	The conciliation officer may refuse to permit a party to be represented by an agent if of the opinion that the agent does not have sufficient authority to make binding decisions on behalf of the party.
(6)	The regulations or the conciliation rules may prevent specified persons, or persons of a specified class, from representing a party.

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s. 6

182T.

Litigation guardian

(1)

The conciliation rules may provide that, if a child is a party to a dispute, the conciliation officer may appoint a litigation guardian to act on the child’s behalf.

(2)

The conciliation rules may provide that, if a party to a

dispute is under a legal disability (otherwise than

because of being a child), the conciliation officer may

defer making efforts to resolve the dispute until a

litigation guardian is appointed to act on the party’s

behalf, whether under the Guardianship and

Administration Act 1990 or otherwise.

182U.

Interpreters and assistants

(1)

Unless the conciliation officer directs otherwise, a

party to the dispute or the party’s representative may be

assisted in the course of a meeting or conciliation

conference by an interpreter or another person

necessary or desirable to make the meeting or

conciliation conference intelligible to that party and to

enable the party to communicate adequately.

(2)

A person may present a written submission in a

language other than English if it is accompanied by a

translation into English and a statutory declaration by

the translator to the effect that the translation

accurately reproduces in English the contents of the

original document.

182V.

Alternative means of participation in conciliation

(1)

If the conciliation officer thinks it appropriate, the conciliation officer is to allow the parties and their representatives (or one or more of them) to participate

in a meeting or conciliation conference by means of

telephones, video links, or any other system or method

of communication.

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(2)

If the conciliation officer thinks it appropriate, the

conciliation officer may conduct all or part of a

meeting or conciliation conference entirely on the basis

of documents without the parties or their

representatives attending or participating in a meeting

or conciliation conference.

(3)

The conciliation officer may take into account a written

submission prepared by a legal practitioner or

registered agent acting for a party to a dispute and

submitted by or on behalf of the party, whether or not

the party is represented by a legal practitioner or

registered agent at a meeting or conciliation

conference.

182W.

Conciliation to be in private

Meetings with the conciliation officer and conciliation

conference are to be conducted in private unless —

(a)	the conciliation officer decides that the meeting or conciliation conference should be conducted in public; or
(b)	the conciliation rules otherwise provide.

182X.

Attendance at meetings and conferences

(1)

Notice of the time and place at which a party to the

dispute is required to attend a meeting with the

conciliation officer is to be given to the party in

accordance with the conciliation rules.

(2)

Notice of the time and place for a conciliation

conference is to be given in accordance with the

conciliation rules —

(a)	to each party to the dispute; and
(b)	if the conciliation officer considers that it is appropriate in the circumstances for another

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person to receive notice of the conference: to

that other person.

(3)

If a person, including a party, to whom notice has been given in accordance with the conciliation rules fails to attend a conciliation conference, the conciliation

conference may be held in the absence of that person.

(4)

The failure of a party to attend before the conciliation

officer when required to do so does not prevent a

direction that affects the party from being given under

section 182K or 182L.

182Y.

Privilege against self incrimination

(1)	A person is not excused from complying with a requirement under this Division to answer a question or produce a document on the ground that the answer or the production of the document might incriminate the person or render the person liable to a penalty.

(2) However neither —

(a)	an answer given by that person that was given to comply with the requirement; nor
(b)	the fact that a document produced by the person to comply with the requirement was produced,

is admissible in evidence in any criminal proceedings

against the person other than proceedings for perjury or

for an offence against this Act arising out of the false

or misleading nature of an answer.

182ZA. Legal professional privilege in relation to medical

reports

(1)	A legal practitioner is not excused from complying with a requirement under this Division to answer a question in relation to a medical report or produce a
medical report on the ground that the answer to the

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question would disclose, or the report contains, a privileged communication made by or to the legal practitioner in his or her capacity as a legal

practitioner.

(2)

Subsection (1) does not apply in respect of a question that does not relate directly to the treatment, or nature or extent of impairment, or assessment of degree of

impairment, of a worker.

(3)

A medical report may be produced by the legal

practitioner in compliance with a requirement under

this Division with the omission of passages that —

(a)	do not relate directly to the treatment, or nature or extent of impairment, or assessment of degree of impairment, of a worker; and
(b)	contain a privileged communication made by or to the legal practitioner in his or her capacity as a legal practitioner.

182ZB. Other claims of privilege

(1)

Unless it would be contrary to section 182Y or 182ZA,

a person is excused from answering a question or

producing a document under this Division if the person

could not be compelled to answer the question or

produce the document in proceedings in the Supreme

Court.

(2)

The conciliation officer may require a person to

produce a document to the conciliation officer for the

purpose of determining whether or not it is a document

that the conciliation officer has power to require the

person to produce.

182ZC. Dealing with documents produced

The conciliation officer may inspect any document

produced before the conciliation officer, and retain it

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for as long as the conciliation officer reasonably thinks fit, and make copies of any document or any of its contents.

182ZD. Referral of medical dispute for assessment

(1)	If permitted by section 145A to do so, the conciliation officer may refer a question as to —

(a)	the nature or extent of an injury; or
(b)

whether an injury is permanent or temporary; or for determination by a medical assessment panel.

(c)

a worker’s capacity for work,

(2)	Without limiting subsection (1), it applies to —

(a)	questions as to the permanent or other loss of the efficient use of any part or faculty of the body for the purposes of Part III Division 2, or to the degree of that loss; and
(b)	questions as to the degree of disability assessed in accordance with section 93D(2); and
(c)	questions for the purposes of section 31F as to whether a worker has contracted AIDS.

(3)	Subsection (1) does not apply to questions as to —

(a)	the permanent or other impairment of the efficient use of any part or faculty of the body for the purposes of Part III Division 2A, or to the degree of that impairment; or
(b)	the degree of permanent whole of person impairment for the purposes of Part IV Division 2 Subdivision 3; or
(c)	the degree of whole of person impairment for the purposes of Part IXA; or
(d)	the degree of permanent whole of person impairment for the purposes of clause 18A.

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Subdivision 4 — General provisions about directions, orders

and conciliation agreements

182ZE. Terms used

In this Subdivision —

certificate of outcome means the conciliation officer’s

certificate under section 182O;

conciliation agreement means an agreement reached

by the parties to the dispute during conciliation and

recorded in the certificate of outcome;

conciliation decision means a direction under

section 182K or 182L, an order under section 182N or

a referral under section 182ZD.

182ZF.

When decision or conciliation agreement has effect

A conciliation decision or conciliation agreement

comes into effect immediately after it is given or made,

or at such later time as is specified in it.

182ZG. Correcting mistakes

The conciliation officer may correct a conciliation decision or the certificate of outcome to the extent necessary to rectify —

(a) a clerical mistake; or

(b)	an error arising from an accidental slip or omission; or
(c)	a material miscalculation of figures or a material mistake in the description of any person, thing, or matter referred to in the decision or certificate; or

(d) a defect of form.

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182ZH. Enforcement of decisions and conciliation

agreements

(1)	A person to whom money is to be paid under a conciliation decision or a conciliation agreement may enforce the conciliation decision or conciliation agreement by filing in a court of competent jurisdiction (the *court*) —

(a)	a copy of the conciliation decision or certificate of outcome that the Director has certified to be a true copy; and
(b)	an affidavit as to the amount not paid under the conciliation decision or conciliation agreement.

(2)

No charge is to be made for filing the documents under

subsection (1).

(3)

On the filing of the documents under subsection (1),

the conciliation decision or conciliation agreement is to

be taken to be an order of the court and, subject to

subsection (4), may be enforced accordingly.

(4)

A conciliation agreement cannot be enforced under

subsection (3) before the expiration of the period

of 21 days starting on the day on which the certificate

of outcome is issued.

182ZI.

Conciliation decisions not reviewable

Subject to sections 182ZJ and 182ZK a conciliation

decision is not subject to an appeal or amenable to

judicial review.

182ZJ. Provisions about revoked directions

(1)	If a direction under section 182K(2) or (4) is revoked by an arbitrator under section 211(2), section 182K(8) and (9) apply to the revocation.

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(2)	If a direction under section 182L(2) is revoked by an arbitrator under section 211(2), section 182L(5) and (6) apply to the revocation as if references in them to the conciliation officer were references to the arbitrator.

182ZK. Recovery of payments

If an arbitrator determines under Division 4 that a

person was not liable to pay compensation by way of

the weekly payments or statutory expenses that have

been paid in accordance with a direction of the

conciliation officer under section 182K(2) or (4), the

following provisions apply —

(a)	the worker or other person who received that compensation is not required to refund the compensation unless the arbitrator otherwise orders under paragraph (b);
(b)	if the arbitrator is satisfied that the claim for compensation was wholly or partly fraudulent or made without proper justification, the arbitrator may order the worker or other person concerned to refund the whole or a specified part of the compensation;
(c)	the arbitrator may (instead of making an order for a refund) order any other person whom the arbitrator determines was liable for the whole or any part of the compensation to reimburse the person who paid the compensation;
(d)	the compensation is to be excluded from any determinations of the claims experience of the employer for the purposes of calculating the premium payable by the employer for a policy of insurance.

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182ZL. Director may order payment by insurer

(1)	Without affecting section 182ZH, if an employer has failed to make a payment required by a direction under section 182K(2) or (4), the Director, on application made by the worker —

(a)	may order the insurer to make the payment; and
(b)	may, if the Director considers it necessary, order the insurer to make any remaining payments required under the direction.

(2)	An order under subsection (1) may be enforced in accordance with section 182ZH.

Subdivision 5 — Miscellaneous

182ZM. Evidence not admissible in proceedings

(1)	In this section —
*subsequent proceeding* means a proceeding before an arbitrator or an action brought by the worker for damages independently of this Act.
(2)	Evidence of a statement made to the conciliation officer or in a conciliation conference is not admissible in a subsequent proceeding unless the person who made the statement agrees to the evidence being admitted.
(3)	The conciliation officer is not to be called as a witness in a subsequent proceeding.

182ZN. Payment of compensation

A sum directed or agreed to be payable as

compensation is to be paid to the person to whom it is

payable under the direction or conciliation agreement

unless it is paid into the custody of WorkCover WA.

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Division 4 — Arbitration

Subdivision 1 — Workers’ Compensation

Arbitration Service

182ZO. Workers’ Compensation Arbitration Service

established

(1)

A service called the Workers’ Compensation

Arbitration Service is established.

(2)

The Arbitration Service consists of —

(a) the Registrar; and

(b)	the staff of the Arbitration Service being —

(i) the arbitrators; and

(ii)	the administration of the Arbitration

officers of WorkCover WA assisting in functions.

182ZP. Registrar

(1)

The chief executive officer is to designate a person

who is an officer of WorkCover WA as the Registrar,

Arbitration.

(2)

A person cannot be designated under this section

unless the person is a legal practitioner.

(3) The Registrar —

(a)	is responsible for the administration of the Arbitration Service; and
(b)	is to allocate work to arbitrators; and
(c)	without limiting the functions of the chief executive officer, is to manage and direct the staff of the Arbitration Service; and

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(d)	has, and may perform, all the functions of an arbitrator; and
(e)	is to provide advice as to the content of the arbitration rules; and
(f)	has the other functions conferred on the Registrar by this Act or any other written law.

(4)	The Registrar is not subject to the management or direction of the chief executive officer as to any decision to be made, or discretion to be exercised, in relation to a particular dispute.

182ZQ. Arbitrators

(1)	The chief executive officer may designate a person who is an officer of WorkCover WA as an arbitrator.
(2)	The chief executive officer may exercise the powers of an employing authority under the Public Sector Management Act 1994 section 100 to engage a person to be an arbitrator on a sessional basis.
(3)	A person cannot be designated or engaged under this section unless the person is a legal practitioner.
(4)	The number of persons designated or engaged under this section is to be determined by the chief executive officer having regard to the object of this Part.
(5)	Arbitrators are not subject to the management or direction of the chief executive officer or the Registrar as to any decision to be made, or discretion to be exercised, in relation to a particular dispute.

182ZR. Provisions about designations

(1)

In this section —

designation means a designation under

section 182ZP(1) or 182ZQ(1).

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(2)

A designation is to be in writing and the Interpretation

Act 1984 section 52 applies to it in the same way as

that section applies to an appointment.

(3)

The designation of a person ceases to have effect if the

person ceases to be an officer of WorkCover WA.

182ZS. Delegation by Registrar

(1)	The Registrar may delegate a power or duty given to the Registrar under this Act to an officer of WorkCover WA or a person engaged under section 182ZQ(2).
(2)	The Registrar is to make the delegation in writing signed by the Registrar.
(3)	A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(4)	A person exercising or performing a power or duty that has been delegated to the person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5)	Nothing in this section limits the ability of the Registrar to perform a function through an officer or agent.

Subdivision 2 — Determination of disputes by arbitration

182ZT. Application for arbitration

If a dispute has not been resolved by conciliation, a

party to the dispute may apply to the Registrar in

accordance with this Act and the arbitration rules for

determination of the dispute by arbitration.

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182ZU. Acceptance of application

(1)	An application for arbitration cannot be accepted by the Registrar unless it is accompanied by —

(a)

a certificate issued by the Director under suitable for conciliation; or

(b)	a certificate issued by a conciliation officer under section 182O identifying the matter or matters in dispute that have not been resolved by conciliation.

(2)

The Registrar may reject an application for arbitration

if it does not comply with the arbitration rules.

(3)

Arbitration commences when an application for

arbitration is accepted by the Registrar.

182ZV. Registrar to allocate dispute

(1)

When an application for arbitration is accepted the

Registrar is to allocate the dispute to which the

application relates to an arbitrator for determination.

(2)

The Registrar may reallocate a dispute to another

arbitrator at any time.

7. Section 185 replaced

Delete section 185 and insert:

185. Arbitration process

(1)	The arbitrator to whom a dispute is allocated is to determine the matter or matters in dispute in accordance with this Act and the arbitration rules.

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(2)

The arbitrator is not to attempt to resolve any matter in

dispute by conciliation.

(3)

Subsection (2) applies even if there was no conciliation

of any matter in dispute because the Director issued a

certificate under section 182H.

8. Section 189 amended

(1)

In section 189 delete “The” and insert:

(1) The

(2)

At the end of section 189 insert:

(2)	However subsection (1) does not prevent the arbitrator from determining that a matter is beyond the scope of the application for conciliation that preceded the

application for arbitration and should be the subject of

another application for conciliation.

9. Section 204A inserted

After section 203 insert:

204A.

Evidence of communication between worker and

WorkCover WA employee

Evidence of any communication between —

(a) a worker; and

(b)	a person employed by WorkCover WA and acting in the course of that employment,

is not admissible in a proceeding before an arbitrator

unless, during the course of the proceeding, the worker

consents to the evidence being so admitted.

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10. Section 211 amended

Delete section 211(2) and insert:

(2)	An arbitrator may confirm, vary or revoke a direction under section 182K(2) or (4) or 182L(2).

11. Sections 217A and 217B inserted

At the end of Part XI Division 5 Subdivision 1 insert:

217A.

Arbitrator may review decision

(1)

In this section —

new information means information relevant to a

decision that, although available to a party at the time

the decision was made, was not available to the

arbitrator and, in the opinion of the arbitrator, justifies

reconsideration of the matter.

(2)

If new information becomes available after an arbitrator makes a decision, the arbitrator may reconsider the decision and —

(a) vary or revoke the decision previously made; or (b) make any further decision,

as the arbitrator considers appropriate having regard to

the new information.

217B.

Arbitration decisions not reviewable

(1)	Except as otherwise provided by this Act a decision of an arbitrator is final and binding on the parties and is not subject to an appeal.

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(2)	A decision of an arbitrator or anything done under this Act in the process of coming to a decision of an arbitrator is not amenable to judicial review.

12. Part XII deleted

Delete Part XII.

13. Part XIII heading amended

In the heading to Part XIII delete “Questions of law and

appeals” and insert:

Appeals to District Court

14. Sections 245 and 246 deleted

Delete sections 245 and 246.

15. Section 247 amended

(1)

Delete section 247(1) and insert:

(1)	If written reasons for an arbitrator’s decision under Part XI in respect of a dispute are given to a party to the dispute (whether as required by section 213(3) or otherwise), the party may, with the leave of the District Court, appeal to the District Court against the decision.

(2)

In section 247(2):

(a)	delete “Commissioner” (first occurrence) and insert:

District Court

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(b)	in paragraph (a)(ii) delete “Commissioner,” and insert:

District Court,

(3)

Delete section 247(3).

(4)

In section 247(4) delete “making of the decision appealed

against.” and insert:

day on which the written reasons for the decision

appealed against were given to the party making the

application.

(5)	In section 247(5) delete “against.” and insert:

against and, except as provided by this Part or

section 267, is to be conducted in accordance with the

rules of court of the District Court.

(6)	In section 247(6) delete “Commissioner except with the leave of the Commissioner.” and insert:
District Court except with the leave of the District Court.
(7)	In section 247(7) delete “Commissioner” (each occurrence) and insert:
District Court

16. Sections 248 and 249 deleted

Delete sections 248 and 249.

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17. Section 250 amended

(1)

In section 250(1) delete “Commissioner” and insert:

District Court

(2)

In section 250(2) delete “Commissioner,” and insert:

District Court,

(3)

After section 250(2) insert:

(3)	This section does not limit the powers of the District Court under other written laws.

18. Sections 251 to 253 deleted

Delete sections 251 to 253.

19. Section 254 replaced

Delete section 254 and insert:

254. Appeal to Court of Appeal by leave

Under the District Court of Western Australia Act 1969

section 79, an appeal may be made to the Court of

Appeal in respect of a judgment, order or determination

in proceedings in the District Court under this Part

but —

(a)	the appeal must relate to a question of law; and
(b)	leave to appeal must be obtained from the Court of Appeal.

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20. Section 267 replaced

Delete section 267 and insert:

267. Appeal costs

(1)

The District Court is not to make an order for costs against a worker on the ground that an appeal under Part XIII was successful.

(2)

If the appellant in an appeal under Part XIII is a worker

and is unsuccessful on the appeal, the District Court is

not to make an order for the payment of the appellant’s

costs on the appeal by any other party to the appeal.

21. Part XVII deleted

Delete Part XVII.

22. Sections 293A and 293B inserted

After section 292 insert:

293A.

Conciliation rules

(1)

The Minister may make rules (the conciliation rules)

prescribing all matters that are required or permitted by

this Act to be prescribed by conciliation rules, or are

necessary or convenient to be prescribed by

conciliation rules for giving effect to the purposes of

this Act.

(2)

Without limiting subsection (1), conciliation rules may

make provision for or with respect to —

(a)	the organisation and management of the business of the Conciliation Service; and
(b)	records of the Conciliation Service; and

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(c)	the practice and procedure governing the jurisdiction, functions and proceedings of conciliation officers; and
(d)	assessment of, and orders as to, costs as defined in section 261; and
(e)	the practice and procedure governing medical assessment panels.

293B.

Arbitration rules

(1)

The Minister may make rules (the arbitration rules)

prescribing all matters that are required or permitted by

this Act to be prescribed by arbitration rules, or are

necessary or convenient to be prescribed by arbitration

rules for giving effect to the purposes of this Act.

(2)

Without limiting subsection (1), arbitration rules may

make provision for or with respect to —

(a)	the organisation and management of the business of the Arbitration Service; and
(b)	records of the Arbitration Service; and
(c)	the practice and procedure governing the jurisdiction, functions and proceedings of arbitrators; and
(d)	assessment of, and orders as to, costs as defined in section 261; and
(e)	limiting the number of medical reports in connection with a claim or any aspect of a claim and, in particular, limiting the number of
medical reports that may be admitted in evidence in a proceeding before an arbitrator; and
(f)	limiting the number of expert witnesses that may be called by any party in a proceeding before an arbitrator and otherwise restricting

the calling of expert witnesses by a party; and

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(g)	assessment panels, approved medical specialist

the practice and procedure governing medical panels.

23. Section 293 amended

(1)

Delete section 293(1) and (2) and insert:

(1)	In this section —

rule means a conciliation rule or an arbitration rule

and rules has a corresponding meaning.

(2)

In section 293(3) delete “DRD Rule” and insert:

rule

(3)

In section 293(4) delete “DRD”.

Note:

The heading to amended section 293 is to read:

General provisions about rules

24. Section 294 replaced

Delete section 294 and insert:

294. Practice notes

(1)

The Director may issue conciliation practice notes

about the practice and procedure of conciliation

officers.

(2)

The Director is to give the Minister a copy of each

conciliation practice note the Director issues as soon as

practicable after issuing it.

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(3)	A conciliation practice note is not a conciliation rule and does not form part of the conciliation rules.
(4)	The Registrar may issue arbitration practice notes about the practice and procedure of arbitrators.
(5)	The Registrar is to give the Minister a copy of each arbitration practice note the Registrar issues as soon as practicable after issuing it.
(6)	An arbitration practice note is not an arbitration rule and does not form part of the arbitration rules.

Division 2 — Consequential and miscellaneous amendments

25. Section 5 amended

(1)

In section 5(1) delete the definitions of:

arbitrator

Commissioner

Director

dispute resolution authority

DRD

DRD Rules

officer of the DRD

(2)

In section 5(1) insert in alphabetical order:

application for conciliation means an application

under section 182E;

arbitration rules means the rules made under

section 293B;

Arbitration Service means the Workers’ Compensation

Arbitration Service established under section 182ZO;

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arbitrator means an officer of WorkCover WA

designated or engaged under section 182ZQ as an

arbitrator;

conciliation officer means a person designated or

engaged under section 182B as a conciliation officer;

conciliation rules means the rules made under

section 293A;

Conciliation Service means the Workers’

Compensation Conciliation Service established under

section 181;

Director means the officer of WorkCover WA designated under section 182A as the Director, Conciliation;

dispute resolution authority means the Director, the

Registrar, a conciliation officer or an arbitrator;

party to a dispute means the worker, the employer or

the insurer of the employer;

Registrar means the officer of WorkCover WA

designated under section 182ZP as the Registrar,

Arbitration;

26. Section 67 amended

In section 67(1)(a):

(a)	delete “an arbitrator,”;
(b)	delete “makes an order” and insert:

an order is made under Part XI

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27. Section 76 amended

In section 76(6):

(a)	delete “Commissioner who shall” and insert:

Registrar who shall allocate it to an arbitrator to

(b)	delete “Commissioner thinks” and insert:

arbitrator thinks

28. Section 91 amended

In section 91(2) delete “DRD Rules,” and insert:

conciliation rules and the arbitration rules,

29. Section 93D amended

Delete section 93D(9) and (10).

30. Section 106 amended

(1)	In section 106(3):

(a)

after paragraph (b) insert:

(c)	the costs and expenses incurred in the operation and administration of the District Court in dealing with appeals under Part XIII; and

(b)

in paragraph (e) delete “WorkCover WA and the DRD for carrying out their respective” and insert:

WorkCover WA for carrying out its

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(2)

After section 106(3) insert:

(4)	The amount of the costs and expenses referred to in subsection (3)(c) is to be —

(a)

determined in the manner approved by the Treasurer after consultation with the chief executive officer of WorkCover WA and the

chief executive officer of the department

principally assisting the Minister in the

administration of the District Court of Western

Australia Act 1969; and

(b)

credited to the Consolidated Account.

31. Section 144 inserted

At the beginning of Part VII Division 1 insert:

144. Term used: relevant authority

In this Division —

relevant authority means —

(a)	in relation to conciliation: the Director; or
(b)	in relation to arbitration: the Registrar.

32. Section 145A amended

(1)	In section 145A(1) delete “210” and insert:

182ZD or 210, Schedule 1 clause 18A(2ab) or

Schedule 7 clause 6

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(2)	In section 145A(2) after “under section” insert:
182ZD or

33. Section 145B amended

In section 145B(1) delete “Director” and insert:

chief executive officer

34. Section 145C amended

In section 145C(1) and (4) delete “Director” and insert:

relevant authority

35. Section 145D amended

In section 145D(5) delete “an arbitrator” (each occurrence) and

insert:

the relevant authority

36. Section 145E amended

(1)	In section 145E(3):

(a)	delete “Director,” and insert:

relevant authority,

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(b)	delete “Director within” and insert:

relevant authority within

(2)

In section 145E(4) delete “Director” (each occurrence) and

insert:

relevant authority

37. Section 145F amended

In section 145F(1) delete “Director” (each occurrence) and

insert:

relevant authority

38. Section 146F amended

In section 146F(6) and (7) delete “Director” and insert:

chief executive officer

39. Section 146M amended

(1)	In section 146M(1) delete “an arbitrator” (each occurrence) and insert:
the Registrar
(2)	In section 146M(2) delete “An arbitrator” and insert:
The Registrar

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Consequential and miscellaneous amendments

Division 2

s. 40

40. Section 146S amended

In section 146S(1) delete “Director” (each occurrence) and

insert:

chief executive officer

41. Section 176 amended

In section 176(2) delete “Part or Part XII.” and insert:

Part.

42. Section 180 amended

In section 180(4):

(a)	delete “DRD Rules and” and insert:

conciliation rules or arbitration rules and

(b)	delete “DRD Rules.” and insert:

relevant rules.

43. Section 182 amended

In section 182(1) delete “is accepted by the Director” and insert:

for arbitration is accepted

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44. Section 183 amended

Delete section 183(1) and insert:

(1)	If an application for arbitration is accepted a party to the dispute must comply with the provisions of the arbitration rules as to —

(a)	the documents, material and information that the party must provide to other parties and the Registrar; and
(b)	the time or times at which, and manner in which, the documents, material and information must be provided.

45. Section 184 deleted

Delete section 184.

46. Sections 186 and 187 deleted

Delete sections 186 and 187.

47. Part XI Division 4 heading deleted and Part XI Division 4 Subdivision 3 heading inserted

Delete the heading to Part XI Division 4 and insert:

Subdivision 3 — Practice and procedure

48. Section 193 amended

In section 193(3) delete “a dispute resolution authority” and

insert:

the Registrar or an arbitrator

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49. Section 194 amended

In section 194(1) delete “Part),” and insert:

Division),

50. Section 195 amended

Delete section 195(3) and insert:

(3)	A prohibited person cannot represent a party.

(4A)	In subsection (3) —
*prohibited person* has the meaning given in the Legal Profession Act 2008 section 18(1) except that it does not include a person whose name has been removed from an Australian roll (as defined in section 3 of that
Act) at the person’s own request.

51. Section 196 replaced

Delete section 196 and insert:

196. Litigation guardian

(1)

The arbitration rules may provide that, if a child is a party or potential party to a proceeding or proposed proceeding, an arbitrator may appoint a litigation

guardian to act on the child’s behalf.

(2)

The arbitration rules may provide that, if a party to a

dispute is under a legal disability (otherwise than

because of being a child), an arbitrator may adjourn or

defer the proceeding or proposed proceeding until a

litigation guardian is appointed to act on the party’s

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behalf, whether under the Guardianship and Administration Act 1990 or otherwise.

52. Section 198 amended

(1)	Delete section 198(1).
(2)	In section 198(2) and (3) delete “conference or”.
(3)	In section 198(4):

(a)	after “practitioner” (each occurrence) insert:

or registered agent

(b)	delete “conference or”.

(4)	In section 198(6) delete “a conference or”.

53. Section 199 amended

(1)	In section 199 delete “and conferences”.
(2)	In section 199(a) delete “or conference”.

54. Section 204 amended

In section 204(1) delete “Part” and insert:

Division

55. Section 205 amended

In section 205(1) and (3) delete “Part” and insert:

Division

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56. Part XI Division 5 heading deleted and Part XI Division 4 Subdivision 4 heading inserted

Delete the heading to Part XI Division 5 and insert:

Subdivision 4 — Decisions

57. Part XI Division 5 Subdivision 1 heading deleted

Delete the heading to Part XI Division 5 Subdivision 1.

58. Part XI Division 5 Subdivision 2 heading deleted

Delete the heading to Part XI Division 5 Subdivision 2.

59. Section 218 amended

In section 218(1) and (4) delete “Part” and insert:

Division

60. Part XI Division 5 Subdivision 3 heading deleted

Delete the heading to Part XI Division 5 Subdivision 3.

61. Part XI Division 6 heading deleted and Part XI Division 4 Subdivision 5 heading inserted

Delete the heading to Part XI Division 6 and insert:

Subdivision 5 — Miscellaneous

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62. Section 255 amended

(1)	Delete section 255(2) and insert:

(2A)	Without limiting the application of subsection (1) it extends to a decision of a conciliation officer to —

(a)	make a requirement under section 182J; or
(b)	give a direction under section 182K or 182L; or
(c)	issue an order under section 182N.

(2)	Subsection (1) does not apply if, or to the extent that —

(a)	the person is excused by section 182ZB or 206 from complying with the decision; or
(b)	the person has a reasonable excuse (other than an excuse mentioned in section 182Y(1), 182ZA, 204(1) or 205) for failing to comply with the decision.

(2)	In section 255(3)(a) after “Director” insert:
or Registrar

63. Section 256 replaced

Delete section 256 and insert:

256. Failure to comply with summons or requirement to attend

A person must not, without reasonable excuse, fail to

comply with —

(a)	a summons issued by the Registrar or an arbitrator; or

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(b)	a requirement made by a conciliation officer under section 182J(a) or (b).

Penalty: a fine of $2 000.

64. Section 257 amended

In section 257:

(a)	delete “a dispute resolution authority” and insert:

the Registrar or an arbitrator

(b)	in paragraph (a) delete “the dispute resolution authority” and insert:

the Registrar or an arbitrator

(c)	in paragraph (b) delete “a dispute resolution authority” and insert:

the Registrar or an arbitrator

65. Section 259 amended

(1)

At the beginning of section 259 insert:

(1)	In this section —

hearing includes —

(a)	a meeting with a conciliation officer; and

(b) a conciliation conference.

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(2)	In section 259 delete “A person” and insert:
(2) A person

66. Section 260 deleted

Delete section 260.

67. Section 268 amended

In section 268(2)(c) delete “an arbitrator or another officer of

the DRD.” and insert:

a conciliation officer or an arbitrator.

68. Section 292 amended

In section 292(1)(b):

(a)	delete “DRD” and insert:

Conciliation Service and the Arbitration Service

(b)	delete “DRD;” and insert:

Conciliation Service and the Arbitration Service;

69. Section 299 amended

(1)

In section 299(a) delete “Commissioner, an arbitrator or the

Director;” and insert:

Director, the Registrar, a conciliation officer or an arbitrator;

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(2)

In section 299(aa) delete “Commissioner, an arbitrator or the

Director,” and insert:

Director, the Registrar, a conciliation officer or an arbitrator,

70. Section 304 amended

Delete section 304(1)(d) and insert:

(d)	a person engaged under section 182B(2) as a conciliation officer or under section 182ZQ(2) as an arbitrator; and

71. Section 305 amended

Delete section 305(2)(a) and insert:

(a)	a conciliation officer when performing the functions of a conciliation officer;

72. Section 325 inserted

At the end of Part XX insert:

325. Transitional provisions

(1)

Schedule 8 sets out transitional provisions in relation to

amendments to this Act.

(2)

Schedule 8 does not affect the operation of the

Interpretation Act 1984 Part V.

(3)

If Schedule 8 does not provide sufficiently for a matter or issue of a transitional nature that arises as a result of amendments to this Act, the Governor may make

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regulations prescribing all matters that are required, necessary or convenient to be prescribed for providing for the matter or issue.

(4)	If in the opinion of the Minister an anomaly arises in the carrying out of any provision —

(a) of Schedule 8; or

(b)	of the Interpretation Act 1984 as it applies to the amendments made to this Act,

the Governor may by regulation —

(c)	modify that provision to remove that anomaly; and
(d)	make such provision as is necessary or expedient to carry out the intention of that provision.

(5)

If regulations made under subsection (3) or (4) provide

that a state of affairs specified or described in the

regulations is to be taken to have existed, or not to have

existed, on and from a day that is earlier than the day

on which the regulations are published in the Gazette

but not earlier than the commencement day, the

regulations have effect according to their terms.

(6)

If regulations contain a provision referred to in

subsection (5), the provision does not operate so as —

(a)	to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the day of publication of those regulations; or
(b)	to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.

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73. Schedule 7 amended

In Schedule 7 clause 6:

(a)	delete “permitted by section 145A to do so, an arbitrator may

refer” and insert:

section 145A so permits,

(b)	delete “loss, for” and insert:

loss, may be referred for

74. Schedule 8 replaced

Delete Schedule 8 and insert:

Schedule 8 — Transitional provisions

[s. 325]

1. Terms used

In this Division —

amended provisions means this Act as amended by the

amending Act;

amending Act means the Workers’ Compensation and

Injury Management Amendment Act 2011;

commencement day means the day of the coming into

operation of section 6 of the amending Act;

Commissioner has the meaning given in section 5(1) of the

former provisions;

dispute has the meaning given in section 176(1);

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*DRD* has the meaning given in section 5(1) of the former provisions;
*DRD Rules* has the meaning given in section 5(1) of the former provisions;
*former provisions* means this Act as enacted before the commencement day;
*pending arbitration proceeding* means a dispute —

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(h)

to promote awareness of and disseminate scheme; and

(i) to undertake research to advance or support the purposes of the Act or the performance of the other functions of WorkCover WA; and

(j)	to promote the prevention of accidents, injuries, losses of functions, and diseases of a kind in respect of which compensation may be payable under this Act; and
(k)	to advise the Minister on —

(i) matters to do with insurance that is required by this Act; and

(ii) WorkCover WA’s functions under this Act; and

(iii) the policy to be followed in the State with regard to workers’ compensation; and

(iv) any other matter referred by the Minister to WorkCover WA for its advice.

98. Section 101 amended

After section 101(c) insert:

(caa)

to effect contracts of insurance providing

indemnity against liability to make payments

out of moneys standing to the credit of the

General Account; and

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99. Section 106 amended

(1)	In section 106(2):

(a)	in paragraph (d) delete “1980.” and insert:

1980; and

(b)

after paragraph (d) insert:

(e)	the proceeds of any insurance policy effected under section 101(caa).

(2)

After section 106(3)(da) insert:

(db) Delete section 146H(4).

the premiums due under any insurance policy

effected under section 101(caa); and

100. Section 146H amended

101. Section 151 amended

In section 151(a)(iii) delete “pneumoconiosis and

mesothelioma” and insert:

pneumoconiosis, mesothelioma, lung

cancer and diffuse pleural fibrosis

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102. Section 155E inserted

After section 155D insert:

155E.

Notice of requirements of sections 155C and 155D

If WorkCover WA is of the opinion that a worker’s

injury should be reviewed to determine whether a

return to work program should be established for the

worker, WorkCover WA may —

(a)	notify the worker, the worker’s employer and the employer’s insurer of that opinion; and
(b)	inform those persons of the requirements of sections 155C and 155D and their obligations under those provisions.

103. Section 157A deleted

Delete section 157A.

104. Section 159 inserted

At the beginning of Part X Division 1 insert:

159. Terms used

In this Part —

compensable injury means an injury for which an

employer is liable;

damages means damages due, claimed or paid

independently of this Act;

liable, in relation to a compensable injury, means liable

to pay compensation in accordance with this Act;

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remuneration means —

(a)	treated as remuneration for the purposes of this

unless regulations provide that it is not to be following —

(i) wages;

(ii) salaries;

(iii) sums paid to workers under an agreement to perform —

(I)

a specified quantity of work for

a specified sum; or

(II)

work on piece rates; or

(III)

work on a bonus or commission

system for payment by results;

and

(b)	any other amount which regulations provide is to be treated as remuneration for the purposes of this definition, not being —

(i) an amount paid by way of compensation under this Act; or

(ii) an amount paid by way of damages in respect of a compensable injury.

105. Section 160 amended

(1)

Delete section 160(1) and (2) and insert:

(1)	Subject to this Act, every employer shall obtain from an approved insurance office and shall keep current a policy of insurance for —

(a)	the full amount of the employer’s liability to pay compensation under this Act to any worker employed by the employer including any

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increase in amount occurring during currency

of the policy; and

(b)	the full amount of the employer’s liability to pay damages to any worker employed by the employer in respect of a compensable injury for

which the employer is liable.

(2)

An employer obliged by this section to effect or renew a policy of insurance shall, on applying to an approved insurance office, for that purpose, furnish to that office an estimate, made to the best of that employer’s

knowledge, information and belief, of the aggregate

amount of remuneration to be paid or payable over the

period for which the policy is to be effected or

renewed, and shall forthwith after the termination of

that period —

(a)	furnish a statement of the aggregate amount of remuneration paid or payable in fact; and
(b)	include in that statement every sum paid during that period to an employee in respect of overtime worked by the employee.

(2)

In section 160(2b)(a) delete “the wages, salary and other

remuneration paid” and insert:

remuneration paid or payable

(3)

In section 160(3) delete “pay compensation under this Act to all

workers employed by him.” and insert:

pay to all workers employed by the employer —

(a)	compensation under this Act; and

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(b)	damages in respect of compensable injuries for which the employer is liable.

(4)	In section 160(4):

(a)	in paragraph (a) delete “Act; and” and insert:

Act or damages in respect of compensable

injuries for which the employer is liable; and

(b)	in paragraph (b) delete “compensation under this Act” and insert:

such compensation or such damages

106. Section 161A amended

In section 161A after “Act” insert:

or damages in respect of compensable injuries for

which the employer is liable

107. Section 164 amended

In section 164(1) delete “Act for” and insert:

Act for, or to pay damages in respect of,

108. Section 165 amended

(1)	Delete section 165(2)(d) and insert:

(d)	any change in the extent of the liability to pay compensation under this Act, or to pay

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damages in respect of compensable injuries for

which the employer is liable, since the last

review.

(2)	In section 165(3)(a) delete “compensation; or” and insert:

compensation or damages in respect of

compensable injuries for which the employer is

liable; or

(3)	In section 165(4)(b):

(a)	in subparagraph (i) delete “under this Act,” and insert:

for which insurance would, but for the

exemption, be required by this Act,

(b)	in subparagraph (ii) delete “under this Act.” and insert:

for which insurance would, but for the

exemption, be required by this Act.

109. Section 168 amended

In section 168(b):

(a)	delete subparagraph (iii) and insert:

(iii) there are no outstanding or potential claims for compensation or actions for damages in respect of an injury for which the employer is or may be liable; or

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(b)	in subparagraph (iv) delete “claims for compensation,” and insert:

or potential claims or actions,

110. Section 171 amended

In section 171(1)(a) delete “with the insurance office concerned

against liability under this Act; and” and insert:

required by this Act with the insurance office

concerned; and

111. Section 172 amended

In section 172:

(a)	delete “wages, salary and other forms of ”;
(b)	in paragraph (a) delete “wages, salary, and other forms of ”.

112. Section 173 amended

In section 173(1):

(a)	after “currency of a contract” insert:

under this Act

(b)	delete “liability under this Act” and insert:

liability

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(c)	in paragraph (a) delete “insurer; and” and insert:

insurer that the employer otherwise would have

had under the contract; and

(d)	in paragraph (b) delete “the liability,” and insert:

that liability that the employer otherwise would

have had to that worker and in respect of that

liability.

(e)	delete “that the employer otherwise would have had under the contract.”

113. Section 174 amended

(1)	After section 174(1) insert:

(1AA) Where —

(a)	on or after the day on which the Workers’ Compensation and Injury Management Amendment Act 2011 section 113 comes into operation, an action for damages is brought by a worker against the worker’s employer in respect of a compensable injury; and
(b)	before that day no claim for compensation under this Act has been made in respect of the same injury; and

(i) proceeds to judgment, including the acceptance of an offer to consent to judgment, against the employer and damages are awarded to the worker against the employer; or

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(ii)	described in section 92(f) made between the worker and WorkCover WA, in the exercise of its powers under

is settled by an agreement of the kind damages are to be paid to the worker;

and

(d)	against the employer’s liability to pay damages to the worker or the case is one to which

the employer is not insured under this Act declines to indemnify the employer against the worker’s claim for damages; and

(e)	the employer does not pay the damages awarded or agreed within 60 days after the date payment is due under the judgment or agreement,

subject to section 174AAA, WorkCover WA is to pay

to the worker from moneys standing to the credit of the

General Account the amount required to satisfy the

judgment or agreement and any order against the

employer for costs in respect of the action.

(2)	In section 174(1a) delete “under this Act in relation to the payment of that award.” and insert:
in relation to the payment of that amount.
(3)	In section 174(3) after “satisfy an award” insert:
of compensation in accordance with this Act

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(4)	In section 174(5a) after “pay compensation” insert:
or damages
(5)	In section 174(6) after “subsection (1)” insert:
or (1AA)
(6)	In section 174(9):

(a)	delete “by reason of section 175”;
(b)	after “to a worker,” insert:

or to pay damages to a worker in respect of a

compensable injury,

114. Section 174AAA inserted

After section 174 insert:

174AAA. Setting aside judgments and agreements

(1) If —

(a)

an action brought by a worker as described in section 174(1AA)(a) proceeds to judgment as described in section 174(1AA)(c)(i) or is settled

by an agreement of the kind described in

section 174(1AA)(c)(ii); and

(b)

a claim on the General Account is made under section 174(1AA) in respect of any amount due under the judgment or agreement,

WorkCover WA may apply to the Supreme Court for

an order setting aside the judgment or agreement.

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(2)	The Supreme Court may set aside the judgment or agreement if satisfied that there are reasonable grounds for believing that the employer has not taken all reasonable steps to protect the employer’s own interests.
(3)	If the Supreme Court sets the judgment or agreement aside the costs of the respondent in relation to the application are to be paid from the General Account unless the Supreme Court orders otherwise.
(4)	The Supreme Court may make an order about costs under subsection (3) only if satisfied that it is appropriate to make the order because of the special circumstances surrounding the giving of the judgment or the making of the agreement.
(5)	If a judgment or agreement is set aside under this section —

(a)	the judgment or agreement is taken never to have had effect for the purpose of any proceeding in any court; and
(b)	evidence of a statement or communication, or a part of a statement or communication, tending to establish the existence of the agreement is not admissible in any proceeding in a court, unless the Supreme Court orders otherwise.

(6)	The Supreme Court may make an order under subsection (5)(b) only if satisfied that the admission of the evidence is necessary to avoid injustice to a party to the proceeding.

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s. 115

115. Section 174AB amended

(1)	In section 174AB(1):

(a)	delete “is uninsured and is not defending a claim brought by a worker, WorkCover WA has all of the rights of the employer under this Act” and insert:

against whom a claim for compensation under this Act,

or an action for damages in respect of a compensable

injury for which the employer is liable, is brought by a

worker is uninsured, WorkCover WA has all of the

rights of the employer as the party against whom the

claim or action is brought

(b)

after paragraph (a) insert:

(ba)	consent to a judgment being given in a proceeding before a court; and

(c)

in paragraph (b) delete “claim; and” and insert:

claim or compromise of the action; and

(d)	in paragraph (c) delete “claim; and” and insert:

claim or action; and

(2)	Delete section 174AB(2), (3) and (4).

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116. Section 174AC replaced

Delete section 174AC and insert:

174AC. WorkCover WA’s rights of indemnity and

subrogation

If WorkCover WA has paid, or is liable to pay, from the General Account an amount as compensation or damages for which an employer is liable, WorkCover

WA is subrogated to —

(a)

any right of the employer to indemnity from an insurer in respect of that payment; and

(b)

any right of the employer and any insurer of the employer to recover any amount from any other person in respect of that payment (had the

payment been made by the employer or

insurer), whether the right arises by way of

liability for contribution, apportionment of

liability or otherwise.

174AD. Employer’s duty to assist WorkCover WA

(1)	Where under section 174AB or 174AC WorkCover WA has or is subrogated to any right of an employer, WorkCover WA may by notice in writing require the employer to —

(a)	give WorkCover WA any information and assistance which WorkCover WA considers necessary or desirable in relation to the exercise or proposed exercise of the right; and
(b)	provide to WorkCover WA any documents in the employer’s possession or control which WorkCover WA considers necessary or desirable in relation to the exercise or contemplated exercise of the right; and

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(c)	execute any documents or instruments which may be necessary to enable WorkCover WA to exercise the right, or to ratify or confirm any exercise or purported exercise of the right by WorkCover WA.

(2)

An employer must comply with any requirement made

under subsection (1).

Penalty: a fine of $5 000.

117. Section 174A amended

In section 174A(1):

(a)	delete “claimed under this Act” and insert:

or damages in respect of a compensable injury for

which the employer is liable

(b)	before “claimed,” insert:

or damages are

118. Section 175 amended

After section 175(7) insert:

(8)	Nothing in this section makes either a principal or a contractor liable to pay any damages which, but for this section, the principal or contractor would not be liable to pay.

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119. Section 175A amended

(1)

In section 175A(1) delete “WorkCover WA” and insert:

The chief executive officer

(2)

In section 175A(4) delete “Chairman of WorkCover WA” and

insert:

chief executive officer

(3)

After section 175A(5) insert:

(6)	If, immediately before the commencement of the Workers’ Compensation and Injury Management Amendment Act 2011 section 119, a person was an

inspector authorised by WorkCover WA under

subsection (1), as in force at that time, the person is

taken to have been authorised as an inspector by the

chief executive officer.

(7)	If, immediately before the commencement of the Workers’ Compensation and Injury Management Amendment Act 2011 section 119, a person authorised

After section 178(1) insert:

as an inspector held a certificate issued by the in force at that time, the person is taken to hold a certificate issued by the chief executive officer.

120. Section 178 amended

(2A)	For the purposes of showing that the employer has not been prejudiced in defending the proceedings for

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subsection (1)(d), the period from the occurrence of the injury, or from the time of death, to the time the claim is made is to be taken into account.

121. Section 270A inserted

After section 269 insert:

270A. Remuneration

(1)

A member of the Costs Committee is entitled to be

paid such fees and allowances as may be determined by

the Minister on the recommendation of the Public

Sector Commissioner.

(2)

The fees and allowances mentioned in subsection (1)

are to be paid by WorkCover WA from moneys

standing to the credit of the General Account.

122. Section 277 amended

In section 277(1)(b) delete “Workplace Relations Act 1996 of

the Commonwealth;” and insert:

Fair Work (Registered Organisations) Act 2009

(Commonwealth) or under another law of the

Commonwealth prescribed by the regulations;

123. Schedule 1 amended

(1)	In Schedule 1 clause 7(4) delete “18A(1c).” and insert:
18A(1CA) and (1C).

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s. 123

(2)	In Schedule 1 clause 11(2) delete the definitions of:
*Amount A Amount D*
(3)	In Schedule 1 clause 11(3)(a):

(a)	delete “Amount A” and insert:

Amount B

(b)	delete “Amount D;” and insert:

Amount Aa;

(4)	In Schedule 1 clause 11(3)(b):

(a)	delete “Amount Aa,” and insert:

85% of Amount B,

(b)	delete “Amount D.” and insert:

Amount Aa.

(5)

Delete Schedule 1 clause 11(5) and insert:

(5)	Subject to subclause (6), the references in the definition of *Amount Aa* to allowances are references to allowances averaged over the period of one year ending at the date of incapacity.

Workers’ Compensation and Injury Management Amendment Act 2011

Part 3	Other amendments
Division 1	Amendments
s. 123

(6)	In Schedule 1 clause 11(6) delete “13 weeks mentioned in
subclause (5),” and insert:

one year mentioned in subclause (5), or if for part of that

period the worker was not in the employment that the

worker is in on the date of incapacity,

(7)	In Schedule 1 clause 11(7) delete “Amount D” and insert:
Amount Aa
(8)	In Schedule 1 clause 16(2) delete “any percentage increase in
any percentage increase in minimum wages resulting from —
wages ordered in a National Wage Decision made under the result, inter alia, of consumer price index movements.” and insert:

(a)	a national minimum wage order made under the Fair Work Act 2009 (Commonwealth); or
(b)	any other instrument determining or regulating minimum wages prescribed by the regulations in place of national minimum wage orders.

(9)	Before Schedule 1 clause 18A(1) insert:

(1AA)

In this clause —

reasonable expenses referred to in clause 17(1) includes

the vehicle running expenses, reasonable fares and expenses

and reasonable cost of meals and lodging referred to in

clause 19(1).

Workers’ Compensation and Injury Management Amendment Act 2011

Other amendments

Part 3

Amendments

Division 1

s. 123

(10)	In Schedule 1 clause 18A(1) delete “subclauses (1c)(a) and (2),” and insert:
subclauses (1CA) and (2),
(11)	In Schedule 1 clause 18A(1a) delete “subclauses (1c)(a) and (2),” and insert:
subclauses (1CA) and (2),
(12)	In Schedule 1 clause 18A(1b) delete “subclauses (1c)(b)” and insert:
subclauses (1C)
(13)	Delete Schedule 1 clause 18A(1c) and insert:

(1CA)

In the exercise of a discretion under subclause (1) or (1a), an

arbitrator is not to allow an additional sum which exceeds,

or additional sums which in aggregate exceed —

(a)	$50 000; less
(b)	any sum or sums in excess of the maximum amount provided by clause 17(1) that the insurer or employer has voluntarily paid in respect of reasonable expenses referred to in that clause.

(1C)	In the exercise of a discretion under subclause (1b), an arbitrator is not to allow a further additional sum which exceeds, or further additional sums which in aggregate exceed —

(a)	the prescribed amount; less
(b)	any sum or sums in excess of the maximum amount provided by clause 17(1) that the insurer or

Workers’ Compensation and Injury Management Amendment Act 2011

Part 3	Other amendments
Division 1	Amendments
s. 123

employer has voluntarily paid in respect of

reasonable expenses referred to in that clause.

(14)

In Schedule 1 clause 18A(1d) delete “subclause (1c)(b) —” and

insert:

subclause (1C) —

(15)

In Schedule 1 clause 18A(3)(a)(ii) delete “$30 000;” and insert:

$30 000, less any sum or sums in excess of

the maximum amount provided by

clause 17(1) that the insurer or employer

has voluntarily paid in respect of reasonable

expenses referred to in that clause;

(16)	In Schedule 1 clause 18A(4)(b) delete “$30 000.” and insert:

$30 000, less any sum or sums in excess of the

maximum amount provided by clause 17(1) that the

insurer or employer has voluntarily paid in respect

of reasonable expenses referred to in that clause.

(17)	Before Schedule 1 clause 18D(1) insert:

(1A)

In this clause —

reasonable expenses referred to in clause 17(1) includes

the vehicle running expenses, reasonable fares and expenses

and reasonable cost of meals and lodging referred to in

clause 19(1).

Workers’ Compensation and Injury Management Amendment Act 2011

Other amendments

Part 3

Workers’ Compensation and Injury Management (Specified

Division 2

Industrial Diseases) Order 2008 revoked

s. 124

(18)	After Schedule 1 clause 19(2) insert:

(3A)

In any case where a worker travels for the worker’s degree

of impairment to be assessed by an approved medical

specialist or an approved medical specialist panel, the

employer is liable to pay the worker’s vehicle running

expenses, reasonable fares and expenses and reasonable cost

of meals and lodging —

(a)	as if subclause (1), with any necessary modifications, applied to the travelling; and
(b)	if the worker proves that the travelling was necessary in the circumstances of the case.

124. Schedule 3 amended

In Schedule 3 after the item relating to Diseases caused by the

asphyxiants insert:

Diffuse pleural fibrosis

Any process entailing substantial exposure to asbestos dust.

Division 2 — Workers’ Compensation and Injury Management

(Specified Industrial Diseases) Order 2008 revoked

125. Specified Industrial Diseases Order revoked

The Workers’ Compensation and Injury Management (Specified

Industrial Diseases) Order 2008 is revoked.

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