Workers' Compensation and Injury Management Amendment Regulations 2021 (WA)

5732   GOVERNMENT GAZETTE, WA 24 December 2021

WORKCOVER

WC301

Workers' Compensation and Injury Management Act 1981

Workers' Compensation and Injury

Management Amendment Regulations 2021

SL 2021/221

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Workers' Compensation and Injury

Management Amendment Regulations 2021.

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 (gazettal day);
(b)	the rest of the regulations —

(i)      if gazettal day is before 1 February 2022 — on 1 February 2022; or

(ii)    otherwise — on the day after gazettal day.

24 December 2021 GOVERNMENT GAZETTE, WA 5733

3.            Regulations amended

These regulations amend the Workers' Compensation and Injury Management Regulations 1982.
4.	Regulation 68 inserted At the end of Part 10 insert:

68.	Post-traumatic stress disorder: prescribed disease and prescribed employment (Act s. 49F)
(1)	In this regulation - ambulance emergency communications officer means a person whose primary duties include -

(a)	to receive telephone calls for emergency ambulance attendance; and
(b)	to provide instructions and advice, including first aid advice, prior to the arrival of an ambulance;

DSM-5 means the Diagnostic and Statistical Manual of

Mental Disorders, 5th	edition, published by the
paramedic means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the paramedicine profession; psychiatrist means a person registered under the Health Practitioner Regulation National Law (Western	American Psychiatric Association in 2013; under that Law in the speciality of psychiatry.

(2) For the purposes of section 49F( 1 )(a) of the Act,
post-traumatic stress disorder is specified as a

prescribed disease.

(3) For the purposes of section 49F( 1 )(b) of the Act, the
following kinds of employment are specified as
prescribed employment for post-traumatic stress
disorder -

(a)	employment as a paramedic;
(b)	employment as an ambulance officer;
(c)	employment as an ambulance emergency communications officer.

5734   GOVERNMENT GAZETTE, WA 24 December 2021

(4) Section 49F(3) of the Act does not apply to a worker

who suffers an injury by contracting post-traumatic

stress disorder unless —

(a)	the worker is diagnosed as having post-traumatic stress disorder by a psychiatrist in accordance with the diagnostic criteria in DSM-5 for post-traumatic stress disorder; and
(b)	the worker is first diagnosed as having post-traumatic stress disorder (whether in accordance with paragraph (a) or otherwise) on or after the day on which the Workers'

Compensation and Injury Management

Amendment Regulations 2021 regulation 4

comes into operation.

V.MOLAN, Clerk of the Executive Council.