Workers' Compensation and Rehabilitation Amendment Regulations 1994 (WA)
| 660 | GOVERNMENT GAZETTE, WA | [18 February 1994 |
| WC301 |
WORKERS' COMPENSATION AND REHABILITATION ACT 1981
WORKERS' COMPENSATION AND REHABILITATION AMENDMENT
REGULATIONS 1994
Made by His Excellency the Governor in Executive Council.
Citation
1. These regulations may be cited as the Workers' Compensation and
Rehabilitation Amendment Regulations 1994.
Commencement
2. These regulations come into operation on 1 March 1994.
Principal regulations
3. In these regulations the Workers' Compensation and Rehabilitation
Regulations 1982* are referred to as the principal regulations.
[ 4' Reprinted as at 30 April 1992.
For amendments to 13 January 1994 see 1992 Index to Legislation of Western Australia, Table 4, p. 324, and Gazette of 5 February, 17 September, 29 October and 24 December 1993.]
Regulation 6 amended
• 4. Regulation 6 of the principal regulations is amended by deleting "130 (1) (a)" and substituting the following —
)9
" 841 (1) (a) Regulation 6AA amended
5. Regulation 6AA of the principal regulations is amended by deleting
"130 (1) (b)" and substituting the following —
(b) enabling the worker to reside in a different area in a case where there are substantial economic or compassionate grounds for enabling the worker to do
SO; Or
" 841 (1) (b) Regulation 8A inserted
6. After regulation 8 of the principal regulations the following regulation is
inserted —
Purposes for which lump sum redemption may be obtained
8A. The purposes for which liability for the permanent total
incapacity of a worker who has not attained the age of 55 years may, in accordance with section 67 (3) of the Act, be redeemed by the payment of a lump sum are —
(a) making an investment to produce income for the worker;
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(c) any purpose such that, because of the special circumstances of the case, use of the sum for that purpose will substantially assist in the rehabilitation of the worker.
Regulation 10 amended
7. Regulation 10 (2) of the principal regulations is amended by deleting
"apply to the Board for a determination thereon" and substituting the
following
under section 84N of the Act, refer the dispute to the Director
for conciliation
Regulation 11 amended
8. Regulation 11 of the principal regulations is amended by deleting
"Registrar" in subregulations (1) and (3), and in both places where it occurs in subregulation (4), and substituting in each case the following - Director
Regulation 12 inserted
9. After regulation 11 of the principal regulations the following regulation
is inserted -
Agreements
12. (1) A memorandum of an agreement referred to in section 76 of the Act is sent to the Director in accordance with that section by sending it to the Director as soon as practicable after
the agreement has been entered into, with enough copies for the
memorandum to be kept in the Directorate and a copy to be given to each interested party. matters for which the agreement provides and, in the case of an (2) The memorandum is to include full particulars of agreement as to the compensation that is to be paid under Schedule 2 of the Act, is to identify each item for which the compensation is to be paid and, for each item, the percentage loss of the full efficient use of a part or faculty of the body for which compensation is to be paid, and the amount of the compensation.
party to the agreement and if the memorandum sent to the (3) The memorandum is to be signed by or on behalf of each Director is not the original signed memorandum the original is to be produced for inspection by the Director.
party, under section 76 (2) of the Act, is to be in the form of (4) The notice despatched by the Director to each interested Form 15A in Appendix 1.
to notify each interested party accordingly in the form of (5) If the Director records the memorandum, the Director is Form 15B in Appendix 1.
| 662 | GOVERNMENT GAZETTE, WA | [18 February 1994 |
Regulation 13 repealed
10. Regulation 13 of the principal regulations is repealed.
Appendix I amended
11. Appendix I to the principal regulations is amended -
(a) inFormi — (i) by deleting "I elect to accept under Schedule 2 of the Workers' Compensation and Rehabilitation Act 1981" and substituting the following -
4'
I elect to receive compensation under Schedule 2 of the Workers' Compensation and Rehabilitation Act 1981 which I anticipate
should be
and
(ii) by deleting "at the Board or an award being made by the Board" and substituting the following - U under Division 7 of Part 3 of the Act or an award being made by a dispute resolution body
(b) following - in Form 2A, by deleting "130 (1) (a)" and substituting the
" 841 (1) (a)
(c) following - in Form 2B, by deleting "130 (1) (b)" and substituting the 841 (1) (b)
(d) in Forms 3B, 3C, 3D and 3E, by inserting at the end of each Form the following -
4'
NOTE THAT if you wish you may, under section 84N of the Act, refer a dispute to the Director of Conciliation and Review for conciliation. You may obtain advice from the Workers' Compensation and
Rehabilitation Commission.
in Forms 3C and 3E, by deleting "Registrar, Workers'
(e) Compensation Board." and substituting in each case the following -
Director of Conciliation and Review
(1) in Form 4, under the heading "B. MEDICAL ASSESSMENT OF DISABILITY" -
(i) by deleting item 3 and substituting the following item - a
3. It is also my opinion that as from
/ ... /19.... the worker is -
(a) 0 Fit.
(b) 0
Fit for alternative duties with the following Limitations. ....
and
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(ii) in item 4 by deleting "item 2" and substituting the
following
items 2 and 3 ":
(g) in Form 5 -
(i) in paragraph (2), by deleting "Workers' Compensation Board, by application in chambers," and substituting the following -
Director of Conciliation and Review "; and
(ii) following paragraph - by deleting paragraphs (3) and (4) and substituting the a
(3) if you do not so apply, weekly payments may be lawfully discontinued or reduced;
(h) in Form 6, under the heading "B. DOCTOR'S SECTION", by
deleting item 2 and substituting the following item -
2. On .... / .... /19 ... I examined the above person
and am of the opinion that he/she is -
(a) IT) Fit.
(b) IT) Fit for alternative duties with the
following limitations ...........
(i) by deleting Form 12; and
(j) by inserting after Form 15 the following Forms -
Form 15A [Reg. 12 (4)]
Workers' Compensation and Rehabilitation Act 1981
NOTICE OF MEMORANDUM HAVING BEEN
RECEIVED
Ref.
TAKE NOTICE
1. That a Memorandum, copy of which is hereto annexed, has been sent to me for registration. The Memorandum appears to affect you. 2. I therefore request you to inform me within 7 days from this date whether you admit the genuineness of the Memorandum, or whether you dispute it, and if so, in what particulars or ground. object to its being recorded, and if so, on what 3. If the Memorandum is recorded it is enforceable as an award or order. 4. If you have any doubts as to the effect of the agreement, or your rights to compensation generally you should contact me immediately. Dated this .........day of .........19 ...... Director of Conciliation and Review
| 664 | GOVERNMENT GAZETTE, WA | [18 February 1994 |
Form 15B [Reg. 12 (5)] Workers' Compensation and Rehabilitation Act 1981
NOTICE OF RECORDING OF MEMORANDUM
OF AGREEMENT
Ref.
YOU ARE NOTIFIED
That a memorandum of the agreement entered
into between
and
the abovenamed parties, and dated the ... day of
has now been recorded in the19 Register under section 76 of the Workers' Compensation and Rehabilitation Act 1981. The Agreement has been numbered
You may, without fee, obtain a certificate of the memorandum and its recording.
Dated this day of 19 Director of Conciliation and Review
By His Excellency's Command,
D. G. BLIGHT, Clerk of the Council.
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