Workers' Compensation and Injury Management Arbitration Amendment Rules 2020 (WA)
18 August 2020 GOVERNMENT GAZETTE, WA 2665 WORKCOVER
WC301
Workers' Compensation and Injury Management Act 1981
Workers' Compensation and Injury
Management Arbitration Amendment
Rules 2020
SL 2020/137
Made by the Minister under section 293B of the Act.
1. Citation
These rules are the Workers' Compensation and Injury
Management Arbitration Amendment Rules 2020.
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) the rest of the rules — on the day after that day.
(1) In rule 3 delete "In these" and insert:
(1) In these (2)
In rule 3 insert in alphabetical order: claimant has the meaning given in section 72C; 3. Rules amended These rules amend the Workers' Compensation and Injury
Management Arbitration Rules 2011.
4. Rule 3 amended
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EDS means the electronic document system operated by or on behalf of the Arbitration Service that enables -
(a) applications for arbitration to be made; and (b)
documents to be lodged with the Arbitration Service in relation to proceedings; and
(c)
notices to be given by the Registrar or an arbitrator to parties to proceedings;
EDS exempt, in relation to a proceeding, has the
meaning given in rule 3A;representative has the meaning given in rule 51(1);
(3) At the end of rule 3 insert:
(2) In these rules, in the case of a fatality compensation
application, a reference to a party includes a reference
to a claimant.5. Rule 3A inserted
After rule 3 insert:
3A. EDS exempt
(1) A person is EDS exempt in relation to a proceeding at a
particular time if, at that time -
(a)
the person is a party to the proceeding, is self-represented in relation to the proceeding and is neither an insurer nor a self-insurer; or
(b) the person is exempt in relation to the
proceeding under subrule (3).
(2) A party is self-represented in relation to a proceeding
if—
(a)
in the case of a worker or a claimant - a representative is not engaged by or on behalf of the worker or claimant to represent them in the proceeding; or
(b)
in the case of an employer - the employer is uninsured.
(3) The Registrar may exempt a person from a requirement
to use the EDS in relation to a proceeding, or all
proceedings, if satisfied that it would be unreasonable
for the person to be required to use the EDS in relation
to the proceeding or proceedings.
18 August 2020 GOVERNMENT GAZETTE, WA 2667 6. Rule 6 amended
In rule 6(2)(c) delete "served on" and insert:
given by the arbitrator to
7. Rule 7 amended
In rule 7 in the definition of document before "filed" insert:lodged or
8. Rule 8 amended
In rule 8(b) before "must" insert:
where relevant,
9. Rule 9 amended
(1) Delete rule 9(1) and (2) and insert:
(1) Every document in relation to a proceeding must be
lodged with the Arbitration Service using the EDS
unless -
(a)
the person lodging the document is EDS exempt in relation to the proceeding; or
(b) the EDS is unavailable at the time of lodging.
(2) Subject to subrule (5), a person who is EDS exempt in
relation to a proceeding may lodge a document in
relation to the proceeding with the Arbitration Service in the following manner - (a)
by presenting it at the office of the Arbitration Service when the office is open for business; or
(b)
by sending it to the office of the Arbitration Service by pre-paid post; or
(c)
by sending it to the Arbitration Service by email in accordance with rule 10; or
(d) by using the EDS.
(2A) While the EDS is unavailable for use a document may
be lodged in the manner referred to in subrule (2)(a),
(b)or(c).
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(2) In rule 9(3) delete "by fax or through the Internet" and insert: by email or by using the EDS (3) After rule 9(4) insert:
(5) The Registrar may require a person who is EDS
exempt in relation to a proceeding to lodge a document
in relation to the proceeding in the manner directed by
the Registrar.10. Rules 10 and 11 replaced
Delete rules 10 and I I and insert:
10. Lodging by email
(1) The Registrar may -
(a)
approve and publish an email address for the lodgment of documents under this rule; and
(b)
determine and publish requirements as to the permissible format and the maximum size of documents that may be lodged under this rule.
(2) An email by which documents are lodged under this
rule must -
(a) state the sender's name; and (b)
state a telephone number by which the sender can be contacted; and
(c)
list and describe the documents being lodged by the email.
(3) Documents lodged under this rule must comply with
any published requirements as to form and size.(4) A person who lodges a document by email under this
rule must -
(a) endorse the first page of the original document
with -(i) a statement that the document is the original of a document sent to the Arbitration Service by email; and
(ii) the date and time the document was sent by email;
and
(b) keep the endorsed original document for the
duration of any proceeding to which the
document relates; and
18 August 2020 GOVERNMENT GAZETTE, WA 2669
(c)
if directed to do so by an arbitrator, produce the endorsed original document to the arbitrator.
11. Notification by Registrar or arbitrator through
EDS(1) A requirement for the Registrar or an arbitrator to
notify a person, or give them a copy of a document, in
relation to a proceeding is satisfied, on a day, if—
(a)
the person is not EDS exempt in relation to the proceeding; and
(b)
the notice or document becomes accessible using the EDS to the person before 5.00 p.m. on that day; and
(c)
electronic notification that the notice or document is accessible is sent to the person before 5.00 p.m. on that day.
(2) In subrule (1)—
electronic notification, in relation to a person, includes
notification by an email sent to an email address
provided by the person.(3) This rule does not apply to the requirements of service
in rule 54(2) and (3).
11. Rule 12 amended
In rule 12:
(a) in paragraph (a) before "day," insert: working
(b) in paragraph (b) before "day." insert:
working
12. Rule 16 amended
In rule 16(1)(d):
(a) delete "a fax number" and insert: an email address
(b) delete "by fax to that number." and insert: as an attachment to an email sent to that email address.
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13. Rule 17 amended
(1) In rule 17(l)(b) delete "one fax number" and insert: an email address (2) Delete rule 1 7(2)(b)(i) and insert: (i) an email address;
(3) In rule 17(4):
(a) delete "a fax number of a person," and insert: an email address of a person under this rule,
(b) delete "by fax at that fax number." and insert: as attachments to emails sent to that email address.
14. Rule 19 replaced
Delete rule 19 and insert:
19. Service by email
(1) An email by which documents are served must -
(a) state the sender's name; and (b)
state a telephone number by which the sender can be contacted; and
(c) list and describe the documents being served by
the email.
(2) A person who serves a document by email must -
(a) endorse the first page of the original document
with -(i) a statement that the document is the original of a document sent by email; and
(ii) the date and time the document was sent by email;
and
(b) keep the endorsed original document for the
duration of any proceeding to which the
document relates; and(c) if directed to do so by an arbitrator, produce the
endorsed original document to the arbitrator.
18 August 2020 GOVERNMENT GAZETTE, WA 2671
15. Rule 20 amended
In rule 20(2) delete "fax" and insert:16. Rule 59 amended Delete rule 59(3).
17. Rule 67 amended
In rule 67(2)(b) delete "concerned and the employer of the
worker a list of" and insert: concerned, and the employer of the worker, written notice that
lists18. Rule 68 amended
In rule 68(3) delete "filed" and insert:lodged
19. Rule 72 amended
In rule 72(2)(b) delete "concerned and the employer of the
worker a list of" and insert: concerned, and the employer of the worker, written notice that
lists
20. Rule 73 amended
In rule 73(3) delete "filed" and insert:lodged
W. JOHNSTON, Minister for Industrial Relations.
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