Workers' Compensation and Rehabilitation Amendment Regulations (No. 4) 1999 (WA)

No judgment structure available for this case.

4890

GOVERNMENT GAZETTE, WA

[15 October 1999

Workers’ Compensation and Rehabilitation Act 1981

Workers’ Compensation and

Rehabilitation Amendment Regulations

(No. 4) 1999

Made by the Governor in Executive Council.
1.             Citation
These regulations may be cited as the Workers’ Compensation and Rehabilitation Amendment Regulations (No. 4) 1999.
2.             Commencement
These regulations come into operation on the later of —

(a) the day on which the Workers’ Compensation and Rehabilitation Amendment Act 1999 receives the Royal Assent; and
(b) the day on which these regulations are published in the Gazette.
3.             The regulations amended

The amendments in these regulations are to the Workers’
Compensation and Rehabilitation Regulations 1982*.
[* Reprinted as at 14 February 1995.
For amendments to 6 October 1999 see 1998 Index to Legislation of Western Australia, Table 4, p. 354, and Gazette 13 and 16 April, and 22 June, 1999.]

4.             Regulation 8A repealed
Regulation 8A is repealed.
5.             Regulation 9 amended
Regulation 9 is amended by deleting “(1), (2) and”.
6.             Part 3A inserted
After regulation 19I the following Part is inserted —

“
Part 3A — Constraints on awards of common

law damages

19J. Assessment of degree of disability

(1) A referral under section 93D(5) of the Act is to be
made in the form of Form 22 in Appendix I.

15 October 1999]

GOVERNMENT GAZETTE, WA

4891

(2) A notification under section 93D(7) of the Act is to
be —

(a)

made in the form of Form 23 in Appendix I; and

(b)

accompanied by a copy of the medical evidence produced to the Director under section 93D(6) of the Act.

(3) A notification under section 93D(8) of the Act is to be
made in the form of Form 23 in Appendix I.

19K. Agreement as to degree of disability

(1) An agreement as to the degree of disability for the
purposes of section 93E(3)(a), (4) or (9) of the Act is to
be made in the form of Form 24 in Appendix I and
lodged with the Director.
(2) On receipt of the agreement the Director is to —

(a)

record the agreement in a register kept for that purpose; and

(b)

complete the relevant section of the agreement form and give a copy of it to the worker and the employer.

19L. Determination of degree of disability

(1) The Director is to be notified as soon as practicable
after a dispute resolution body determines a question
referred to it under section 93D(10) of the Act.
(2) On receipt of the notification the Director is to —

(a)

record the determination in a register kept for that purpose; and

(b)

give a copy of the determination to the worker, the employer and the employer’s insurer.

19M. Election to retain right to seek damages

(1)

An election under section 93E(3)(b) of the Act is to be made in the form of Form 25 in Appendix I and lodged with the Director.
(2) A worker may withdraw the election by giving a notice
in the form of Form 26 to the Director before the
election is registered under subregulation (3).
(3) Subject to subregulations (4) and (5), on receipt of the
election the Director is to —

(a)

register the election in a register kept for that purpose; and

(b)

complete the relevant section of the election form and give a copy of it to the worker and the employer.

4892

GOVERNMENT GAZETTE, WA

[15 October 1999

(4) If the election is lodged before an agreement or
determination as to the degree of disability is recorded
under section 93E(4) of the Act, the Director must not
register the election until at least 14 days after the
agreement or determination is recorded.
(5) The Director may decline to register an election if the
Director is satisfied that the worker does not fully
understand the consequences of the registration of the
election.
(6) An election registered under subregulation (3) is taken
to have been registered —

(a)

if subregulation (4) applied in relation to it, on the day after the 14th day referred to in that subregulation; or

(b)

otherwise, on the day on which it is received by the Director.

19N. Extension of time to make election

(1) The Director may grant an extension of time under
section 93E(7) of the Act if the Director is satisfied that
the worker’s disability is of such seriousness that the
worker is likely to require major surgery within the
next 6 months.
(2) An application for an extension of time is to be —

(a) made in the form of Form 27 in Appendix I;

(b)

accompanied by medical evidence from a medical practitioner who is a specialist in a relevant field of medicine; and

(b)

lodged with the Director at least 21 days before the termination day.

(3) Within 14 days of receiving the application the
Director is to —

(a) decide whether to grant the extension; and

(b)

complete the relevant section of the application form and give a copy of it to the worker and the employer.

19O. Application for compensation

of the Act is to be made and dealt with in accordance
with the Workers’ Compensation (Conciliation and

An application for compensation under section 93E(11) referring for conciliation a dispute as to the amount of compensation.

”.

15 October 1999]

GOVERNMENT GAZETTE, WA

4893

7. Appendix I amended

(1) Form 2B in Appendix I is amended in the paragraph headed
“Injured worker’s declaration” by inserting at the end of the
paragraph —
“
I also understand that I can only claim damages at common law for my injury if it is agreed or determined that I am at least 16% disabled and I lodge an election within the time specified in the Workers’ Compensation and Rehabilitation Act 1981 (which in most cases is 6 months after the commencement of weekly compensation payments).

”.

(2) Appendix I is amended after Form 21 by inserting the following
forms —
“

Form 22

Workers’ Compensation and Rehabilitation Act 1981

Referral of Question of Degree of Disability

[r. 19J(1)]

Worker’s details

Surname Other names

Date of birth Sex Occupation
Address
Postcode

Telephone no.
Employer’s details
Name
Address
Postcode

Telephone no. WorkCover no. (if known)
Contact person
Title Telephone no.
Injury details
Description of injury

Date injury occurred Date weekly compensation commenced (if applicable)

Degree of disability As assessed by Relevant level of disability (see s. 93E(3) of the Act)

medical practitioner ❏ not less than 30%
❏ not less than 16%

Signature Date

of worker / /

4894

GOVERNMENT GAZETTE, WA

[15 October 1999

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 medical practitioner indicating that, in his or her opinion, your degree of disability is not less than the relevant level.

Form 23

Workers’ Compensation and Rehabilitation Act 1981

Notice of Referral of Question of Degree of Disability

[r. 19J(2), (3)]

Worker’s details

Surname Other names
Address
Postcode

Telephone no. Occupation
Employer’s details
Name
Address
Postcode

Telephone no. WorkCover no. (if known)
Injury details
Description of injury
Date injury occurred

Degree of disability as assessed by Relevant level of disability
medical practitioner

❏ not less than 30%
❏ not less than 16%
Question referred
The question of whether the worker’s degree of disability is or is not less than the relevant level has been referred to the Director, Conciliation and Review Directorate, for consideration.
Medical evidence
Accompanying this notice is a copy of the medical evidence provided by the worker which indicates that in the opinion of the worker’s medical practitioner the worker’s degree of disability is not less than the relevant level.
Objection
If you (the employer) consider the worker’s degree of disability is less than the relevant level, you worker’s degree of disability is not less than the relevant level
should complete the bottom section of this form and return it to the Director within 21 days of
receiving this notice.

Signature of Date

Director / /

15 October 1999]

GOVERNMENT GAZETTE, WA

4895

Employer’s objection
Employer’s assessment of degree of disability

Signature of Date

employer / /

Form 24

Workers’ Compensation and Rehabilitation Act 1981

Degree of Disability Agreement

[r. 19K(1), (2)]

Worker’s details

Surname Other names
Address
Postcode

Telephone no. Occupation
Employer’s details
Name
Address
Postcode

Telephone no. WorkCover no. (if known)
Injury details
Description of injury
Date injury occurred
Agreement

Agreed degree of disability Agreed degree of disability is —

(insert actual figure eg. 22%) % ❏ not less than 30%
❏ not less than 16%

Signature of Date

Worker / /

Signature of Name of
witness witness
Signature of Date

Employer / /

Signature of Name of
witness witness

4896

GOVERNMENT GAZETTE, WA

[15 October 1999

Recording of agreement

Date of recording Record no.

Signature of Date
/ /

Director

Form 25

Workers’ Compensation and Rehabilitation Act 1981

Election to Retain Right to Seek Damages

[r. 19M(1), (3)]

Worker’s details

Surname Other names

Date of birth Sex Occupation
Address
Postcode

Telephone no. Occupation
Employer’s detail
Name
Address
Postcode

Telephone no. WorkCover no. (if known)
Contact person
Title Telephone no.
Injury details
Description of injury

Date injury occurred Degree of disability
(as assessed by medical practitioner)
%

Signature of Date

Worker / /

Warning .

The registration of this election will, in most cases, prevent you from continuing to receive statutory benefits under the Workers’ Compensation and Rehabilitation Act 1981.
You should seek appropriate independent advice before lodging this form.

15 October 1999]

GOVERNMENT GAZETTE, WA

4897

Registration of election

Date of registration Registration no.

Signature of Date

Director / /

Form 26

Workers’ Compensation and Rehabilitation Act 1981

Withdrawal of Election to Retain Right to Seek Damages

[r. 19M(2)]

Worker’s details

Surname Other names
Address
Postcode

Employer’s detail
Name
Address
Postcode

Election details
Date election lodged

Signature of Date

Worker / /

Form 27

Workers’ Compensation and Rehabilitation Act 1981
Application for Extension of Time to Make Election

[r. 19N(2)]

Worker’s details

Surname Other names

Date of birth Sex Occupation
Address
Postcode

Telephone no. Occupation
Employer’s detail
Name
Address
Postcode

Telephone no. WorkCover no. (if known)
Contact person
Title Telephone no.

4898

GOVERNMENT GAZETTE, WA

[15 October 1999

Injury details
Description of injury

Date injury occurred Degree of disability
(as assessed by worker’s medical practitioner)
%

Extension of time sought
Extension sought until

Signature of Date

Worker / /
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 medical practitioner who is a specialist in a relevant field of medicine indicating that your disability is of such seriousness that you are likely to require major surgery within the next 6 months.
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 of Date

Director / /

”.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.

Actions

Download as PDF Download as Word Document

Citations

Workers' Compensation and Rehabilitation Amendment Regulations (No. 4) 1999 (WA)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

(a)	the day on which the Workers’ Compensation and Rehabilitation Amendment Act 1999 receives the Royal Assent; and
(b)	the day on which these regulations are published in the Gazette.

19J.	Assessment of degree of disability
(1)	A referral under section 93D(5) of the Act is to be made in the form of Form 22 in Appendix I.

(a)	made in the form of Form 23 in Appendix I; and
(b)	accompanied by a copy of the medical evidence produced to the Director under section 93D(6) of the Act.

(3)	A notification under section 93D(8) of the Act is to be made in the form of Form 23 in Appendix I.
19K.	Agreement as to degree of disability
(1)	An agreement as to the degree of disability for the purposes of section 93E(3)(a), (4) or (9) of the Act is to be made in the form of Form 24 in Appendix I and lodged with the Director.
(2)	On receipt of the agreement the Director is to —

(a)	record the agreement in a register kept for that purpose; and
(b)	complete the relevant section of the agreement form and give a copy of it to the worker and the employer.

19L.	Determination of degree of disability
(1)	The Director is to be notified as soon as practicable after a dispute resolution body determines a question referred to it under section 93D(10) of the Act.
(2)	On receipt of the notification the Director is to —

(a)	record the determination in a register kept for that purpose; and
(b)	give a copy of the determination to the worker, the employer and the employer’s insurer.

19M.	Election to retain right to seek damages
(1)	An election under section 93E(3)(b) of the Act is to be made in the form of Form 25 in Appendix I and lodged with the Director.
(2)	A worker may withdraw the election by giving a notice in the form of Form 26 to the Director before the election is registered under subregulation (3).
(3)	Subject to subregulations (4) and (5), on receipt of the election the Director is to —

(a)	register the election in a register kept for that purpose; and
(b)	complete the relevant section of the election form and give a copy of it to the worker and the employer.

(4)	If the election is lodged before an agreement or determination as to the degree of disability is recorded under section 93E(4) of the Act, the Director must not register the election until at least 14 days after the agreement or determination is recorded.
(5)	The Director may decline to register an election if the Director is satisfied that the worker does not fully understand the consequences of the registration of the election.
(6)	An election registered under subregulation (3) is taken to have been registered —

(a)	if subregulation (4) applied in relation to it, on the day after the 14th day referred to in that subregulation; or
(b)	otherwise, on the day on which it is received by the Director.

19N.	Extension of time to make election
(1)	The Director may grant an extension of time under section 93E(7) of the Act if the Director is satisfied that the worker’s disability is of such seriousness that the worker is likely to require major surgery within the next 6 months.
(2)	An application for an extension of time is to be —

(a)	made in the form of Form 27 in Appendix I;
(b)	accompanied by medical evidence from a medical practitioner who is a specialist in a relevant field of medicine; and
(b)	lodged with the Director at least 21 days before the termination day.

(a)	decide whether to grant the extension; and
(b)	complete the relevant section of the application form and give a copy of it to the worker and the employer.

19O.	Application for compensation
of the Act is to be made and dealt with in accordance with the Workers’ Compensation (Conciliation and
An application for compensation under section 93E(11) referring for conciliation a dispute as to the amount of compensation.

(1)	Form 2B in Appendix I is amended in the paragraph headed “Injured worker’s declaration” by inserting at the end of the
paragraph — “

Telephone no.	WorkCover no. (if known)
Contact person
Title	Telephone no.
Injury details
Description of injury
Date injury occurred	Date weekly compensation commenced (if applicable)
Degree of disability As assessed by	Relevant level of disability (see s. 93E(3) of the Act)

medical practitioner	❏	not less than 30%
❏	not less than 16%

(insert actual figure eg. 22%)	%	❏	not less than 30%
❏	not less than 16%

Signature of	Date
Worker	/ /
Signature of	Name of
witness	witness
Signature of	Date
Employer	/ /
Signature of	Name of
witness	witness

Date of registration	Registration no.
Signature of	Date
Director	/ /