Workers' Compensation and Rehabilitation Amendment Act (No. 2) 1999 (WA)

Western Australia

Workers' Compensation and Rehabilitation

Amendment Act (No. 2) 1999

No. 33 of 1999

An Act to amend the Workers’ Compensation and Rehabilitation

Act 1981 and for related purposes.

[Assented to 5 October 1999]

The Parliament of Western Australia enacts as follows:

1.             Short title

This Act may be cited as the Workers’ Compensation and

Rehabilitation Amendment Act (No. 2) 1999.

Workers' Compensation and Rehabilitation Amendment Act (No. 2) 1999

s. 2

2.             Commencement

This Act comes into operation, or is deemed to have come into

operation, immediately after the commencement of sections 14,

15 and 32 of the Workers’ Compensation and Rehabilitation

Amendment Act 1999.

3.             The Act amended

The amendments in this Act are to the Workers’ Compensation

and Rehabilitation Act 1981*.

[* Reprinted as at 29 January 1999.]

4.             Section 67 amended

(1)

Section 67(2), (2a) and (3) are repealed and the following

subsections are inserted instead —

“

(1)

Where weekly payments for a permanent total or

permanent partial incapacity resulting from a disability

other than mesothelioma have continued for not less

than 6 months, the liability for the incapacity is to be

redeemed by the payment of a lump sum if —

(a)	the worker and the employer agree to the redemption and on the amount of the lump sum; and
(b)	a memorandum of the agreement is registered under Division 7.

(2)

When a memorandum of an agreement under

subsection (1) is sent to the Director as required by

section 76, a statement of the benefits paid under this

Act before the agreement was made is to be sent with

the memorandum.

(3)

The statement is to be provided by the employer or the

employer’s insurer.

”.

Workers' Compensation and Rehabilitation Amendment Act (No. 2) 1999

s. 5

(2)

Section 67(5) is amended by deleting “this section” and

inserting instead —

“ subsection (4) ”.

5.             Section 68 amended

Section 68(1), (1a)and (2) are repealed.

6.             Section 76 amended

(1) Section 76(1) is amended as follows:

(a)	by inserting after “Director, who” — “, subject to subsection (2a), ”;
(b)	by deleting “or other moneys” and inserting instead — “ pursuant to an election under section 24 or 24A ”.

(2) After section 76(2) the following subsection is inserted —

“

(2a)

The Director cannot, under this section, record a

memorandum of an agreement for the payment of a

lump sum in redemption of the liability to pay

compensation unless the Director is satisfied that the

worker is aware of the consequences of the recording

of the memorandum.

”.

(3)

Section 76(3) is amended by deleting “agreements for the

redemption of the liability to pay compensation for a disability”

and inserting instead —

“

an agreement for the redemption of the liability to pay compensation if a memorandum of the agreement has been

”.

Workers' Compensation and Rehabilitation Amendment Act (No. 2) 1999

s.	7
(4) Section 76(6) is amended as follows:

(a) by deleting paragraphs (a) to (c) and inserting instead —

“

(a)	the genuineness of the agreement; and
(b)	the adequacy of the amount of any compensation pursuant to an election under section 24 or 24A payable under the agreement,

”;

(b) by deleting “payable under the agreement is inadequate or excessive, or in the case of a redemption agreement by reason of there being insufficient compliance with section 67” and inserting instead —

“

pursuant to an election under section 24 or 24A

payable under the agreement is inadequate or excessive

”.

(5)

Section 76(7) is amended by inserting before “payable” —

“ pursuant to an election under section 24 or 24A ”.

(6)

Section 76(8) is amended by deleting “payable under the

agreement is inadequate or excessive or in the case of a

redemption agreement that there is insufficient compliance with

section 67” and inserting instead —

“

pursuant to an election under section 24 or 24A

payable under the agreement is inadequate or excessive

”.

7.             Section 84E amended and transitional provision

(1)

Section 84E(1)(a) is amended by deleting “this Act” and

inserting instead —

“ section 67(4) ”.

Workers' Compensation and Rehabilitation Amendment Act (No. 2) 1999

s. 8

(2)

Section 84E(1) is amended after paragraph (a) by deleting “and”

and inserting —

“

(aa)	no memorandum of agreement for the payment of a lump sum in redemption of the liability for the incapacity has been recorded under
section 76; and

”.

(3)

For the purposes of section 84E(1)(aa) of the Workers’

Compensation and Rehabilitation Act 1981 as inserted by

subsection (2), the making of an order under section 67(2) or (3)

of that Act as in force before the commencement of this Act is

to be regarded as constituting the recording of a memorandum

of agreement under section 76 of that Act.

8.             Schedule 1 amended

Schedule 1 clause 5(1)(a)(i) is amended by inserting before “a dispute” —

“

, before the Workers’ Compensation and

Rehabilitation Amendment Act (No. 2) 1999

commenced,

”.