Workers' Compensation and Injury Management Amendment Regulations 2023 (WA)

1016 GOVERNMENT GAZETTE, WA 5 May 2023

WORKCOVER

WC301

Workers' Compensation and Injury Management Act 1981

Workers' Compensation and Injury

Management Amendment Regulations 2023.

Management Amendment Regulations 2023

SL 2023/37

Made by the Governor in Executive Council.

1.   Citation

These regulations are the Workers' Compensation and Injury

5 May 2023 GOVERNMENT GAZETTE, WA 1017

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 after that day.

3.            Regulations amended

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

4.            Part 9A inserted

After regulation 66 insert:

Part 9A - Specified diseases contracted by

firefighters

66A.	Specified diseases for firefighters (Act Sch. 4A)
For the purposes of Schedule 4A item 13 of the Act

(a)	each kind of cancer listed in column 1 of the Table is prescribed; and
(b)	the period listed in column 2 of the Table opposite the kind of cancer is the qualifying period for that cancer.

Table

Column 1	Column 2
Disease	Qualifying period

Primary site melanoma 15 years

Malignant mesothelioma 15 years

5.            Regulation 68 amended

(1) In regulation 68(1) insert in alphabetical order:

firefighting employment has the meaning given in

section 49A of the Act;

(2) In regulation 68(3):

(a) in paragraph (c) delete "officer." and insert:

officer;

1018 GOVERNMENT GAZETTE, WA 5 May 2023

(b)	after paragraph (c) insert:
(d) firefighting employment.

(3)	Delete regulation 68(4) and insert:
(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)	in the case of a worker who is working or
subregulation (3)(a), (b) or (c) 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 worked in employment prescribed in operation; and
(c)	in the case of a worker who is working or
worked in firefighting employment 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 2023 regulation 5 comes into operation.

K. COLLERAN, Clerk of the Executive Council.