Workers' Compensation and Injury Management Amendment Regulations 2018 (WA)

2412 GOVERNMENT GAZETTE, WA 29 June 2018

These regulations are the Workers' Compensation and Injury
Management Amendment Regulations 2018.

WORKCOVER

WC301

Workers' Compensation and Injury Management Act 1981

Workers' Compensation and Injury

Management Amendment Regulations 2018

Made by the Governor in Executive Council.

1.       Citation

29 June 2018 GOVERNMENT GAZETTE, WA 2443

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 2018 Part 2 comes into operation.

3.      Regulations amended

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

4.      Regulation 2A amended

(1) Delete regulation 2A(1) and insert:

(1)	If the minimum award rates that would be relevant to
calculating the redemption amount (as defined in
Schedule 5 clause 1 of the Act) for a particular financial year are not published, the amount to be calculated for that financial year (the relevant year) is to be obtained by varying the amount for the preceding financial year as described in subregulation (2).

(2)	In regulation 2A(2) delete "Labour Price Index (formerly known as the Wage Cost Index), ordinary time hourly rates of pay (excluding bonuses)" and insert:
wage price index for ordinary time hourly rates of pay excluding bonuses (all sectors) (original)
Note: The heading to amended regulation 2A is to read: Indexation of redemption amount

5.      Regulation 6AA amended

Delete regulation 6AA(3).

6.      Regulation 11A inserted

After regulation 11 insert:

11A.	Amount to discharge liahiIit for child's allowance (Act s. 72J(5))
(1)	In this regulation — relevant year, in relation to the payment of an amount to WorkCover WA under section 72J(5) of the Act, means the financial year in which the amount is to be paid.

2444 GOVERNMENT GAZETTE, WA 29 June 2018

(2) For the purposes of section 72J(5) of the Act, the
amount to be paid to WorkCover WA is to be
calculated as follows —

W) 1 — 0.999962-N

C x + — x

2       —0.000038

where —

is the child's allowance (as defined in

Schedule 1A clause 5 of the Act);

is the percentage by which WPI (as defined in
regulation 17AF(1)) varied between the second-
last December quarter before the relevant year
commenced and the last December quarter

before the relevant year commenced;

is the number of weeks until the child attains the
age of 21 years.

7.     Regulation 16A amended

Before regulation 16A(1) insert:

(1A) This regulation applies only if the injury of a worker

occurred and the worker died before 1 July 2018.

Note The heading to amended regulation 16A is to read:

Clause 1C notifications and elections (Act Sch. 1 cl. 1C, Sch. 8 cl. 10)

8.     Regulation 17AE amended

Before regulation 17AE(1)  insert: 

(1A) This regulation applies only if the injury of a worker

occurred and the worker died before 1 July 2018.

Note The heading to amended regulation 17AE is to read:

Amount prescribed for funeral expenses (Act Sch. 1 cl. 17(2),
Sch. 8 cl. 10(1))

9.      Regulations 17AF and 17AG inserted

After regulation 17AE insert:

17AF. Amount prescribed for child's allowance (Act

Sch. 1A cl. 5(b))

(1)	In this regulation —
WPI means the wage price index for ordinary time hourly rates of pay excluding bonuses (all sectors)

29 June 2018 GOVERNMENT GAZETTE, WA 2445

(original) for Western Australia published by the

Australian Statistician.

(2) For the purposes of Schedule IA clause 5(b) of the Act,
the child's allowance is —

(a) for the financial year commencing on

1 July 2018, the amount of $135 per week; and

(b)	for a financial year commencing on or after
1 July 2019 (the relevant year), the amount per week determined by —

(i)varying the amount for the preceding

financial year by the percentage by
which WPI varied between the second-
last December quarter before the
relevant year commenced and the last
December quarter before the relevant
year commenced; and

(ii) rounding the amount to the nearest

whole number of dollars (with an
amount that is 50 cents more than a
whole number being rounded up to the
next highest whole number).

(3) Despite subregulation (2)(b), if the amount determined
under that subregulation would result in a decrease in
the amount prescribed for the child's allowance, the
amount prescribed is the same amount as the amount
for the preceding financial year.

17AG. Amount prescribed for funeral expenses (Act

Sch. 1A cl. 9(2)(b))

(1)	In this regulation —
CPI means the all groups consumer price index for

Perth published by the Australian Statistician.

(2) For the purposes of Schedule 1A clause 9(2)(b) of the Act, the amount prescribed for funeral expenses is —

(a) for the financial year commencing on

1 July 2018, $9 903; and

(b)	for a financial year commencing on or after
1 July 2019 (the relevant year), the amount determined by —

(i) financial year by the percentage by
which CPI varied between the second-
last March quarter before the relevant
year commenced and the last March varying the amount for the preceding commenced; and

2446 GOVERNMENT GAZETTE, WA 29 June 2018

(ii) rounding the amount to the nearest

whole number of dollars (with an
amount that is 50 cents more than a
whole number being rounded up to the

next highest whole number).

(3) Despite subregulation (2)(b), if the amount determined
under that subregulation would result in a decrease in
the amount prescribed for funeral expenses, the amount
prescribed is the same amount as the amount for the
preceding financial year.

10.    Appendix I Form 2D deleted

In Appendix I delete Form 2D.

11.     Appendix I Forms 14 and 15 amended

In Appendix I Forms 14 and 15 delete "Schedule 1 clauses 1, 1A, lB. 1C, 2,

3,4, 5 and 17(2)" and insert:

Schedule 1A

12.    Appendix I Form 29 amended

In Appendix I Form 29 delete "(Schedule I clause 1C(1), (5))" and insert:

(Schedule 1 clause 1C(1) and (5), Schedule 8 clause 10)

13.    Appendix I Form 30 amended

In Appendix I Form 30 delete "(Schedule 1 clause 1C(4)(a), (5))" and

(Schedule 1 clause 1C(4)(a) and (5), Schedule 8 clause 10)

insert:  N. HAGLEY, Clerk of the Executive Council.