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

18 November 2011 GOVERNMENT GAZETTE, WA 4819

Management Amendment Regulations 2011.

WORKCOVER

WC301*

Workers' Compensation and Injury Management Act 1981

Workers' Compensation and Injury

Management Amendment Regulations 2011

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Workers' Compensation and Injury

4820 GOVERNMENT GAZETTE, WA 18 November 2011

2.            Commencement

These regulations come into operation as follows -

(a)	regulations 1 and 2—on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations - on the day on which the Workers' Compensation and Injury Management Amendment Act 2011 section 6 comes into operation.

3.            Regulations amended

These regulations amend the Workers' Compensation and Injury
Management Regulations 1982.

4.            Regulation 6A amended

In regulation 6A(1):

(a)	delete "57A(1)(b)(i)," and insert: 57A(1)(b)(i) and
(b)	delete "and 231(1 )(b)(i)".

5. Regulation 7 amended
At the end of regulation 7 insert:

(3) The period commencing on the making of an

application for conciliation of a dispute about the intention of an employer to discontinue or reduce weekly payments to a worker and ending when a certificate under section 182H or 1820 is issued in

respect of the dispute is to be disregarded for the

following purposes -

(a) calculating the period of notice of the intention

of the employer under section 6 1(1);

(b) calculating the time within which the worker may apply for an order of an arbitrator under section 61(3).

Note:	The heading to amended regulation 7 is to read: Discontinuance or reduction of weekly payments
6.	Regulation 10 amended
Delete regulation 10(2) and insert:
(2) Where an employer, or an employer's insurer, disputes

the identity or entitlement, or both, of a worker, the

employer or insurer -

(a) may apply under section 182E of the Act for
resolution of the dispute by conciliation; and

18 November 2011 GOVERNMENT GAZETTE, WA 4821

(b) if the dispute is not resolved by conciliation,

may apply under section 1 S2ZT for
determination of the dispute by arbitration.

7.             Regulation 1OA deleted

Delete regulation 1OA.

8. Regulation 12 amended
In regulation 12(1) delete "the DRD" and insert:

WorkCover WA

9.            Regulation 17AB amended

In regulation 1 7AB(2) delete "information to the arbitrator in writing -" and insert:

evidence in writing of the exceptional circumstances -

10.          Regulation 17B amended

In regulation 17B delete "a dispute resolution authority" and insert:

the Registrar or an arbitrator

11.          Regulation 18B amended

(1)	In regulation 18B delete the definition of taxing officer.
(2)	In regulation 18B insert in alphabetical order: commencement day means the day of the coming into

operation of the Workers' Compensation and Injury
Management Amendment Act 2011 section 6;
dispute resolution authority, in relation to the period
commencing on 14 November 2005 and ending on the
day before commencement day, has the meaning given
in section 5 of the former provisions;
former provisions means the Act as enacted before the
commencement day;
taxing officer means the Director, the Registrar, a
conciliation officer or an arbitrator.

4822 GOVERNMENT GAZETTE, WA 18 November 2011

12.          Regulation 18C amended

(1) In regulation 18C:

(a) delete "A person" and insert:

(1) A person

(b) delete "may apply under the Workers' Compensation

(DRD) Rules 2005" and insert:

before commencement day may apply under the Workers' Compensation and Injury Management Arbitration Rules 2011

(2) At the end of regulation 18C insert:

(2) A person who has paid or is liable to pay, or who is

entitled to receive or has received, costs as a result of Management Arbitration Rules 2011, as relevant, for an assessment of the whole of, or any part of, those costs by a taxing officer.

an order for the payment of an unspecified amount of
costs made by a dispute resolution authority on or after
commencement day may apply under the Workers'
Compensation and Injury Management Conciliation

13.          Regulation 18D amended

In regulation 181)(2) delete "Workers' Compensation (DRD)
Rules 2005 Part 3." and insert:

Workers' Compensation and Injury Management

Conciliation Rules 2011 or the Workers' Compensation and Injury Management Arbitration Rules 2011 as relevant.

14.          Regulation 18LA inserted

At the end of Part 2A insert:

I8LA. Transitional provision

(1) In this regulation -

pending application means an application for the

assessment of costs by a taxing officer -

(a) made under the Workers' Compensation (DRD)

Rules 2005 before commencement day; and

18 November 2011 GOVERNMENT GAZETTE, WA 4823

(b) which has not been determined by a taxing

officer before commencement day.

(2) A pending application is to be dealt with and

determined under this Part as if it were an application
made under the Workers' Compensation and Injury

Management Arbitration Rules 2011.

15. Regulation 19L amended
Delete regulation 1 9L( 1 )(a) and insert:

(a) a dispute that arises under section 93D(8) of

the Act; or

16.          Regulation 190 amended

In regulation 190 delete "Workers' Compensation (DRD)
Rules 2005" and insert:

Workers' Compensation and Injury Management Conciliation Rules 2011 or the Workers' Compensation and Injury Management Arbitration Rules 2011, as relevant,

17.          Regulation 27A amended

In regulation 27A(c) delete 'Dispute Resolution Directorate.' and insert:

Conciliation Service or the Arbitration Service.

18. Regulation 43 deleted
Delete regulation 43.

19.          Regulation 46 deleted

Delete regulation 46.

20.           Appendix I amended

(1) In Appendix I Form 2 delete "(iii) lung cancer," and insert:

(iii) lung cancer;
(iv) diffuse pleural fibrosis,

4824 GOVERNMENT GAZETTE, WA 18 November 2011

(2) In Appendix I at the beginning of the form between Form 2 and
Form 2C, immediately before the words "Workers
Compensation Claim Form", insert:

Form 2B

[r. 6AA]

Workers' Compensation and Injury Management Act 1981

(Section 178(1 )(b))

(3)	In Appendix I Form 2C under "WORKERS DECLARATION" delete "Dispute Resolution Directorate,".
(4)	In Appendix I Form 3 in the heading delete "57B(1)(b), 61(1) and
231(1)(b))" and insert:
57B(l)(b) and 61 (1))
(5)	In Appendix I Form 3B delete the second and third dot points of the Note and insert:
• seek advice in relation to the dispute from WorkCover WA; • if reasonable attempts have been made to resolve the dispute by negotiation with the employer and the insurer, apply to the Director under section 182E of the Act ror resolution of a dispute by conciliation;

(6) In Appendix I Form 3C:

(a)	delete "Dispute Resolution" (first occurrence);
(b)	delete the second and third dot points of the Note and insert:
•	seek advice in relation to the dispute from WorkCover WA;
•

if reasonable attempts have been made to resolve the dispute by negotiation with the

resolution of a dispute by conciliation;

employer and the insurer, apply to the Director under section 182E of the Act for

(7) In Appendix I Form 3D delete the second and third dot points of

the Note and insert:

• seek advice in relation to the dispute from WorkCover WA;

• if reasonable attempts have been made to resolve the dispute by negotiation with the employer. apply to the Director under section 182E of the Act for resolution of a dispute by conciliation;

(8) In Appendix I Form 3E:

(a) delete "Dispute Resolution" (first occurrence);

18 November 2011 GOVERNMENT GAZETTE, WA 4825

(b) delete the first and second dot points of the Note and

insert:

• seek advice in relation to the dispute from WorkCover WA;

• if reasonable attempts have been made to resolve the dispute by negotiation with the employer. appl> to the Director under section 182E of the Act for resolution of a dispute by conciliation;

(9)	Delete Appendix I Form 7.
(10)	In Appendix I Form 15F:

(a) delete "Commissioner," and insert:

Registrar.

(L.\	'
U,	delete
ueiete Dispute Resolution

(11)	In Appendix I Form 29 delete "Dispute Resolution Directorate".
(12)	In Appendix I Form 31 under "How to lodge this form" delete
"Director. Dispute Resolution Directorate" and insert: Director
(13)	In Appendix I in the Forms listed in the Table delete "Director
Dispute Resolution" (each occurrence) and insert:
Director

Table

Form 15A Form 15B

Form 15C Form 22

Form 22A	Form 22B
Form 23	Form 23A
Form 23B	Form 26
Form 27	Form 28
Form 35	Form 36
Form 39

4826 GOVERNMENT GAZETTE, WA 18 November 2011

21.          Appendix IV clause 5 amended

(1) In Appendix IV clause 5(2) delete "the Commissioner, an officer
of the DRD" and insert:

the Director, the Registrar, an officer of the Conciliation

Service or the Arbitration Service

(2) In Appendix IV clause 5(3):

(a) in paragraph (a) delete "the Commissioner, officers of the DRD" and insert:

the Director, the Registrar, officers of the Conciliation

Service and the Arbitration Service

(b) in paragraph (c), (d) and (e) after "Director" insert:

or Registrar

22.          Appendix V amended

(1)	Before Appendix V item 1 insert:
1A.	57A(2A) Failing to claim under policy of insurance...................................................$200.00

(2) After Appendix V item 2 insert:

3A.	57A(8A)	Failing to make weekly payment .............$400.00
3B.	57A(8)	Failing to make weekly payment having received payment from insurer ................$400.00

(3) After Appendix V item 5 insert: 

6A. 5713(8) Failing to make weekly payment .............$400.00

By Command of the Governor,

R. KENNEDY, Clerk of the Executive Council.