Workers' Compensation and Injury Management Arbitration Amendment Rules 2018 (WA)

29 June 2018 GOVERNMENT GAZETTE, WA 2447

WC302

Workers’ Compensation and Injury Management Act 1981

Workers’ Compensation and Injury

Management Arbitration Amendment

Rules 2018

Made by the Minister under section 293B of the Act.

1.             Citation

These rules are the Workers’ Compensation and Injury
Management Arbitration Amendment Rules 2018.

2.             Commencement

These rules come into operation as follows —

(a)	rules 1 and 2 — on the day on which these rules are published in the Gazette;
(b)	Workers’ Act 2018

the rest of the rules — on the day on which the Part 2 comes into operation.

3.             Rules amended

These rules amend the Workers’ Compensation and Injury
Management Arbitration Rules 2011.

4.             Rule 3 amended

(1) In rule 3 insert in alphabetical order —

fatality compensation application means an
application under any of the following —

(a) section 72H(3); (b) section 72I(3); (c) section 72J(8);

(d)	Schedule 1A clause 8(6) of the Act;
(e)	Schedule 1A clause 8(7) of the Act;

(2) In rule 3 in the definition of application for arbitration delete
“means an application under section 182ZT;” and insert:

means —

(a)	an application under section 182ZT; or
(b)	a fatality compensation application, whether or not liability is accepted in respect of the compensation claimed;

2448 GOVERNMENT GAZETTE, WA 29 June 2018

5.             Rule 22A inserted

At the beginning of Part 4 insert:

22A.	Application of this Part to fatality compensation applications
(1)	In this section —
accepted claim means a claim for compensation made under section 72E in relation to which liability is accepted.
(2)	Rules 23 and 24 do not apply in relation to a fatality compensation application.
(3)	Rules 25, 27, 28, 29 and 30 —

(a)	do not apply in relation to a fatality compensation application made in respect of an accepted claim; and
(b)	cease to apply in relation to a fatality compensation application if the claim in respect of which it is made becomes an accepted claim after the application is made.

(4) Despite subrule (3), an arbitrator may order that a rule
referred to in that subrule applies in relation to an
application referred to in that subrule.

W. JOHNSTON, Minister for Commerce and Industrial Relations.

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