Workers' Compensation and Rehabilitation Amendment Regulations 2000 (WA)
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WESTERN 6307 AUSTRALIAN
GOVERNMENT
PERTH, FRIDAY, 17 NOVEMBER 2000 No. 241 SPECIAL
PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.45 PM
WORKERS’ COMPENSATION AND REHABILITATION
ACT 1981
_________
WORKERS’ COMPENSATION
AND REHABILITATION
AMENDMENT REGULATIONS
17 November 2000] GOVERNMENT GAZETTE, WA 6309 Workers' Compensation and Rehabilitation Amendment Regulations 2000
r. 1
Workers' Compensation and Rehabilitation Act 1981
Workers' Compensation and Rehabilitation
Amendment Regulations 2000
Made by the Governor in Executive Council.
1. Citation
These regulations may be cited as the Workers' Compensation and Rehabilitation Amendment Regulations 2000.
2. The regulations amended
The amendments in these regulations are to the Workers'
Compensation and Rehabilitation Regulations 1982*.[*Reprinted as at 25 February 2000.]
3. Regulation 2A replaced
Regulation 2A is repealed and the following regulation is inserted instead —
“
2A. Indexation of child’s allowance and redemption
amount
(1) If the minimum award rates that would be relevant to
calculating the amount of —
(a)
the child’s allowance, as defined in section 5(1) of the Act; or
(b)
the redemption amount, as defined in clause 1 of Schedule 5 to the Act,
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for a particular financial year are not published, the amount to be calculated for that financial year (“the relevant year”) is to be obtained by varying the
amount for the preceding financial year as described in
subregulation (2).
(2) To vary an amount as described in this subregulation, it
is varied by the percentage by which the amount that
the Australian Statistician published as the Wage Cost
Index, ordinary time hourly rates of pay (excluding
bonuses) for Western Australia varied between the
second-last December quarter before the relevant year
commenced and the last December quarter before the
relevant year commenced.”.
4. Regulation 3 repealed
Regulation 3 is repealed.
5. Regulation 10 amended
Regulation 10(1) is amended by inserting after “Form 6” —
“ in Appendix I ”.
6. Regulation 10B amended
(1) Regulation 10B(1) is amended as follows:
(a) by inserting after “Director” — “
, a conciliation officer, a review officer, or a
compensation magistrate’s court (in this regulationcalled “the referrer”)
”;
(b)
by deleting “it” and inserting instead — “ the referrer ”.
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(2) After regulation 10B(1), the following subregulation is
inserted —“
(1a) At least 7 days before the day on which the worker is to
attend before a medical assessment panel, the worker
and the employer are each to provide to the referrer any
medical certificates or reports or other documents the
person may have that are relevant to the question to be
determined by the panel.”.
(3) Regulation 10B(2) is amended by inserting after “it” the
following —“ but, in determining the time, sufficient time is to be
allowed to enable the worker and the employer tocomply with subregulation (1a)
”.
(4) Regulation 10B(3) is amended by inserting after “Form 13” —
“ in Appendix I ”.7. Regulations 16 and 17 repealed
Regulations 16 and 17 are repealed.
8. Regulation 17AA amended
Regulation 17AA is amended by deleting “Schedule 1 clause 19(1) of the Act” and inserting instead —
“ clause 19(1) of Schedule 1 to the Act ”.
9. Regulation 17A amended
Regulation 17A is amended by deleting “in Schedule 5” and inserting instead —
“ of Schedule 5 to the Act ”.
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10. Regulation 18 amended
Regulation 18(1) and (2) are each amended by inserting after
“Schedule 5” —“ to the Act ”.
11. Regulation 19C amended
Regulation 19C(8)(b) and (c) are each amended by inserting after “section 24A” —
“ of the Act ”.
12. Regulation 19D amended
Regulation 19D(1) is amended by deleting “clause (2)” and inserting instead —
“ clause 2 ”.
13. Regulation 19F amended
Regulation 19F(1) is amended by deleting “19 in Appendix I” and inserting instead —
“ 19A or Form 19B in Appendix I, as the case requires ”.
14. Regulation 19IA inserted
In Part 3A, before regulation 19J, the following regulation is inserted —
“
19IA. Guides for assessing degree of disability
(1) The first edition is prescribed for the purposes of the
definition of “AMA Guides” in section 93A of the Act.(2)
To the extent, if any, that neither section 93D(2)(a) nor (b) of the Act applies to the assessment of the degree of disability of a worker for the purposes of section 93E,
the degree of disability is to be assessed in accordance
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with the American Medical Association’s Guides to the
Evaluation of Permanent Impairment (4th Edition).”.
15. Regulation 19L amended
(1) Regulation 19L(1) is repealed and the following subregulation is
inserted instead —“
(1) The Director is to be notified as soon as practicable
after the determination of —
(a)
a question referred to a dispute resolution body under subsection 93D(10) of the Act; or
(b)
a question referred to a medical panel under subsection 93D(11) of the Act.
”.
(2) Regulation 19L(2) is amended as follows:
(a)
by deleting “On receipt of the notification the Director is to —” and inserting instead —
“
Upon becoming aware of a determination described in subregulation (1), the Director is to, as soon as practicable —
”;
(b) in paragraph (b), by inserting after “insurer” the “ advising that the determination has been recorded ”.
16. Regulation 19M amended
(1) Regulation 19M(1)(a) is deleted and the following paragraph is
inserted instead —“
(a)
is made by completing an election form in the form of Form 25 in Appendix I and lodging it with the Director;
”.
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(2) Regulation 19M(5) is repealed and the following subregulation
is inserted instead —“
(5)
The Director may refuse to register an election if not satisfied that the worker has been properly advised of the consequences of the election.
”.
17. Regulation 19N amended
(1) Regulation 19N(2) is amended as follows:
(a)
by deleting “are if the Director is satisfied that” and inserting instead —
“ exist, whether or not the period being extended has
already expired, if
”;
(b)
in paragraph (a), by inserting before “the worker” — “ the Director is satisfied that ”;
(c)
by inserting after paragraph (a) the following paragraph —
“
(aa) upon an application described in
subregulation (3a), the Director is satisfied that
an extension should be given for a period
ending not more than 8 weeks after the
termination day to give time for a specialist in a
relevant field of medicine to prepare a report,
based on treatment or medical investigation of
the worker, as to whether the worker will
require major surgery in respect of the
disability in the extension period;”;
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(d) in paragraph (b), by inserting before “medical “
no extension has been given under
paragraph (aa) and the Director is satisfied that
”;
(e) in paragraph (c), by inserting before “a medical “ the Director is satisfied that ”.
(2) Regulation 19N(3)(c) is deleted and the following paragraph is
inserted instead —“
(c) lodged with the Director at least 21 days before — (i) the termination day; or
(ii) if an extension of time has been granted under subregulation (2)(aa) or (b), the last day of the period as extended.
”.
(3) After regulation 19N(3) the following subregulation is
inserted —“
(3a) An application for an extension of time under
subregulation (2)(aa) to give time for the preparation of
a specialist’s report, based on treatment or medical
investigation of the worker, is to be —
(a) made in the form of Form 28 in Appendix I; (b) accompanied by medical evidence from a indicating that —
(i) a report could not be satisfactorily prepared without the treatment or investigation having been carried out;
and
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(ii) the extension sought is needed to give sufficient time for the preparation of the report;
and
(c)
lodged with the Director at least 21 days before the termination day.
”.
(4) Regulation 19N(5)(c) is deleted and the following paragraph is
inserted instead —“
(c) lodged with the Director at least 21 days before — (i) the termination day; or
(ii) if an extension of time has been granted under subregulation (2)(aa) or (b), the last day of the period as extended.
”.
(5) Regulation 19N(6) is amended by deleting the paragraph
designation “(b)” of the second paragraph that is designated as
paragraph (b) and inserting instead the paragraph designation
“(c)”.(6) Regulation 19N(7) is repealed. 18. Regulation 19P amended
(1) Regulation 19P(1) is amended by inserting after “written notice”
the following —
“ , in a form approved by the Executive Director, ”.(2) After regulation 19P(2) the following subregulation is
inserted —“
(3)
An employer’s obligation under this regulation to give a worker notice is fulfilled if the notice is given, within
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the time required, by an insurer with which the
employer has a policy indemnifying the employeragainst liability to pay the compensation claimed.
”.
19. Appendix I Form 25 amended
Appendix I Form 25 is amended by inserting above the box for the worker’s signature the following —
“
Advice of consequences of election
I have been properly advised of the consequences of this election.
”.
20. Appendix I Form 28 inserted
After Appendix I Form 27 the following Form is inserted —
“
Form 28
[r. 19N(3a)(a)]
Workers’ Compensation and Rehabilitation Act 1981
APPLICATION FOR EXTENSION OF TIME TO MAKE ELECTION (TIME
NEEDED FOR REPORT BASED ON TREATMENT OR MEDICAL
INVESTIGATION)
Worker’s details
Surname Other names
Date of birth Sex Occupation Address Postcode
Telephone no.
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Employer’s details
Name
Address
Postcode
Telephone no. WorkCover no. (if known) Contact person Title Telephone no. Insurer’s details Name Address Postcode
Date weekly payments commenced Claim no. (if known) Contact person Telephone no. Disability details Description of disability Date disability occurred
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Extension of time sought
Extension sought until
The extension is needed to give sufficient time for the preparation of a specialist’s report, based on treatment or medical investigation of the worker, as to whether the worker will require major surgery in respect of the disability in the extension period (see regulation 19N(1)). The treatment or medical investigation is (describe below):
Signature
of Worker Date / / Lodging this form This form should be lodged with — Director, Conciliation and Review Directorate
WorkCover WA
Perth, Western Australia
You must also give to the Director medical evidence from a specialist in a relevant field of medicine indicating that a report could not be satisfactorily prepared without the treatment or investigation having been carried out, and that the extension sought is needed to give sufficient time for the preparation of the report
Granting of extension
An extension of time to make an election under section 93E(3)(b) of the Act —
❏ is granted until / / OR ❏ is not granted
Signature Date of Director / / ”.
21. Appendix I further amended
(1) Appendix I Form 1 is amended by inserting under the heading
“Form 1”, at the right margin —“ [r. 4] ”.
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(2) Appendix I Form 2 is amended by inserting under the heading
“Form 2”, at the right margin —“ [r. 5] ”. (3) Appendix I Form 2C is amended by deleting “[r.6AA]” under
the heading “Form 2C”and inserting instead —“ [rr. 4, 6AA] ”. (4) Appendix I Form 2D is amended by deleting “[r.6AA]” and
inserting under the heading “Form 2D”, at the right margin —“ [r. 6AA] ”. (5) Appendix I Form 3 is amended by inserting under the heading
“Form 3”, at the right margin —“ [rr. 6A, 7(1)] ”. (6) Appendix I Form 4 is amended by inserting under the heading
“Form 4”, at the right margin —“ [r. 7(1)] ”. (7) Appendix I Form 5 is amended by inserting under the heading
“Form 5”, at the right margin —“ [r. 7(2)] ”. (8) Appendix I Form 6 is amended by inserting under the heading
“Form 6”, at the right margin —“ [r. 10(1)] ”. (9) Appendix I Form 14 is amended by inserting under the heading
“Form 14”, at the right margin —“ [r. 18(1)] ”. (10) Appendix I Form 15 is amended by inserting under the heading
“Form 15”, at the right margin —“ [r. 18(2)] ”.
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(11) Appendix I Form 15C is amended by inserting under the
heading “Form 15C”, at the right margin —“ [r. 12(1a)] ”. (12) Appendix I Form 15D is amended by inserting under the
heading “Form 15D”, at the right margin —“ [r. 12(3a)] ”. (13) Appendix I Form 15E is amended by inserting under the
heading “Form 15E”, at the right margin —“ [r. 12(4a)] ”. (14) Appendix I Form 15F is amended by inserting under the
heading “Form 15F ”, at the right margin —“ [r. 12(4b)] ”. (15) Appendix I Form 16 is amended by inserting under the heading
“Form 16”, at the right margin —“ [r. 19] ”. (16) Appendix I Form 17 is amended by inserting under the heading
“Form 17”, at the right margin —“ [r. 19] ”. (17) Appendix I Form 20 is amended by deleting “[r.19G]” under the
heading “Form 20”and inserting instead —“ [rr. 10A, 19G] ”. (18) Appendix I Forms 22 to 27 are each amended by deleting the
reference, in square brackets and at the right margin, to the
provision that refers to the form and inserting it instead under
the heading designating the form, at the right margin.
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22. Appendix II amended
Appendix II is amended as follows:
(a) by inserting under the heading “Appendix II”, at the “ [r. 9] ”;
(b) by deleting “18.794 52” for year 27 week 22 and “ 18.784 52 ”.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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