Workers' Compensation and Injury Management Amendment Regulations 2012 (WA)

366•i GOVERNMENT GAZETTE. WA 27 July 2012

WC301'*

Workers Compensation and Injury Management Act 1981

Workers' Compensation and Injury

Management Amendment Regulations 2012

Amendment Act 2012 section 9 conies into operation.

Made by the Governor in Executive Council.

Citation

These regulations are the Workers' Com pensalion and Injury

.A4anugeinent Ainendin nt Regrrlulions 2012.

2.             Commencement

These regulations come into operation as follows —

(a) regulations I 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' Cary rpensalion and Injiu.y Management

27 July 2012 GOVERNMENT CT1ZETTE, WA 665

3              Regulations amended

These regulations amend the Workers' Compensation and Injury

Management Regulation 1982.

4             Regulation 2AA inserted At the end of Part 1 insert:

2AA.	Notes not part of regulations
Notes in these re.tulations are provided to assist understanding and do not form part of the regulations.

5.             Regulation 14 inserted

After regulation 13 1 insert:

14            Insurance requirement (section 160(1))

(1) Section 160(1) of the Act does not require an employer

to obtain or keep current a policy of insurance for
liability to pay compensation under the Act or damages

arising out ot

(a) a claim directly or indirectly occasioned by any

event happening through or in consequence
of —

(i)      war; of

(ii)      invasion; or

(iii)      acts of foreign enemies; or

(iv)      hostilities whether war he declared tai, not; or

(v)	civil war; or
(vi)	rebellion; or
(vii)	revolution; or

(viii)      insurrection: or

(ix)      military or usurped power;

or

(b) a claim in respect of

(i)      pneumoconiosis; or

(ii)      mesothelioma; or

(iii)      lung cancer; or

(iv)      diffuse pleural fibrosis,

arising from employment in any mine or
mining operation; or

:3666 GOVERNMENT GAZETTE. W:1 27 July 2012

(c) a claim in respect of any other industrial

disease for the time being specified by the

Minister under section 151(a)(iii) of the Act.

(2) Section 160(1) of the Act does not require an employer
to obtain or keep current a policy of insurance
for liability to pay damaes arising out of

(a) a claim brought in respect of an injury

occurring outside Australia; or

(h) a claim brought outside Australia.

(3) Section 1 60(1) of the Act does not require an employer
to obtain or keep current a policy of ins ti lance
for liability to pay

(a)	exemplary or punitive damages; or
(b)	an a^(F(,r-e^-ate amount oFdama^-es exceeding, $50 000 000 arising out of all claims in respect of a single event.

Note The Workers ` Compensation and Injury Management (Acts of

Terrorism) Act 2001 section 6 provides that, in stated circumstances, section 160 of the Act does not require an ernplayer to insure against certain liabilities attributable to acts of terrorism.

By Command of the Governor,

N. HAGLEY. Clerk of the Executive Cou nc i I .

WORKSAFE

WS 30 P

Occupational Safety and Health Act 1984

Occupational Safety and Health Amendment

Regulations (No. 2) 2012

Made by the Governor in Executive Council.

Citation

These regulations are the Occupational Safety and Health

:4 niendnrent Regulations (No. 2) 2012.