Workers Compensation Board Amendment Rules 1990 (2) (WA)
27 April 1990] GOVERNMENT GAZETTE, WA 2095 WORKERS COMPENSATION AND ASSISTANCE ACT 1981
WORKERS COMPENSATION BOARD AMENDMENT RULES 1990
Made by the Chairman of the Workers Compensation Board.
Citation and Commencement
1. These rules may be cited as the Workers Compensation Board AmendmentRules 1990 (2) and shall come into effect on 1 June 1990.
Principal Rules
2. In these rules the Workers Compensation Board Rules 1982* are referred toas the principal rules.
Rule 9 amended
3. The principal rules are amended by substituting for rule 9 a new rule in thefollowing terms:
"Commencement of proceedings and applications in pending
proceedings
9. (1) Subject to the provisions of the Act and of these rules every action
in the Board must be commenced by application.
(2) Interlocutory applications in pending proceedings must be made to theBoard or the Registrar in accordance with Form 19".
New Rule 9A
4. There shall be inserted a new rule 9A in the following terms:
Application by worker
"9A. (1) Except an application in chambers filed pursuant to rule 55, an
application by the worker or by dependants for the determination of any
matter or question by the Board shall be made by filing an application
which, if the nature of the application permits, shall be in accordance with
one of the forms in the Appendix A numbered inclusively 1 to 6 inclusive
with such modifications as the circumstances require and the application
shall state concisely the question which has arisen and the application
together with one copy for each respondent to be served shall be delivered
to the Registrar.
(2) Particulars shall appear upon or be annexed to the application and,without limiting the particulars to the following matters, shall contain—
(a) a concise statement of the circumstances under which the applica- tion is made;
(b) a statement whether there is an admission of liability to pay compensation or a denial of such liability, wholly or partially, with (in the latter case) a statement of the grounds upon and extent to which liability is denied;
(c) a statement of the matters which the applicant desires to have determined by the Board; and
other party to the proceedings a copy of the sealed answer. (d) the full names and addresses of the respondents and of the applicant, and of his legal practitioner or agent, if the proceedings
are commenced through a legal practitioner or agent."
Rule 13 amended
5. The principal rules are amended by substituting for rule 13 a new rule in thefollowing terms:
"Filing and service of application
13. A party filing an application shall for the purpose of service on all other
parties to the proceedings at the same time obtain from the Registrar such
service copies under the Seal of the Board as shall be required to effect
service of the application on all such parties and a Notice in accordance
with Form 8 requiring each party to comply with Rule 14 hereof andadvising of the procedure provided for by Rule 16."
Rule 14 amended
6. The principal rules are amended by substituting for rule 14 a new rule inthe following terms:
"Answer
14. (1) Every respondent or other party who desires to contest any part of
the applicant's claim shall within 14 days of service of the application file
with the Registrar for sealing an answer and shall forthwith serve on each
| 2096 | GOVERNMENT GAZETTE, WA | [27 April 1990 |
(2) The answer shall state concisely but fully and with particularity the matters to be traversed and relied upon by the respondent or other party in opposing the application."
Rule 15 amended
7. The principal rules are amended by substituting for rule 15 a new rule inthe following terms:
"Procedure where no answer
15. (1) Within 7 days of effecting service in accordance with Rule 13 the
applicant shall file with the Registrar an affidavit in accordance with Form
8A in Appendix A, with such variations as the circumstances require,
unless prior thereto the respondent shall have filed an answer.
(2) In the absence of an answer, then subject to sub-rule (3), the facts
alleged in the application, and in the case of a claim for compensation, the
liability to pay compensation, shall be taken to be admitted.
(3) In the absence of an answer and in the event that the applicant does
not consent at the hearing of the application to a respondent availing
himself of any matter of which he should pursuant to this rule have given
notice by filing an answer or have included in any answer filed, the Board
may proceed with the hearing without permitting the respondent to avail
himself of such matter and may treat the relevant facts alleged in the
application as admitted, or may, upon such terms as the Board considers
appropriate, permit an answer or an amended answer to be filed and relied
upon, or may adjourn the hearing to some later time or date and make suchorders generally in respect of the matter as the Board considers fit."
Rule 16 amended
8. The principal rules are amended by substituting for rule 16 a new rule inthe following terms:
"Procedure for Preliminary Hearing
16. (1) Forthwith upon the filing of the applicant's affidavit of service
pursuant to sub-rule 15(1) or the filing of the answer pursuant to Rule 14
whichever is the earlier the Registrar shall list the matter for a preliminary
hearing in chambers and shall give or send to the parties notice of the date
of such preliminary hearing in accordance with Form 9 in Appendix A and
in the event of a change of date of the preliminary hearing the Registrar
shall notify all parties accordingly.
(2) The date of the preliminary hearing shall be not less than 8 not more
than 10 weeks from the date of the filing of the affidavit of service or the
answer (whichever is the earlier) so as to enable all parties to settle the
pleadings, exchange discovery of documents, administer and answer inter-
rogatories and conduct preliminary enquiries into the questions in issue
and the preliminary hearing may, at the Registrar's discretion, be ad-
journed to a date to be fixed or to a fixed date.(3) Where liability is admitted after the listing for a preliminary hearing the Registrar shall vacate the date of the preliminary hearing and shall list
(4) Unless expressly excused, every worker, employer and/or insurer, third the application for hearing in chambers for the making of consent orders. party, intervener or other party to the matter shall, if an individual attend the hearing in person, or if a partnership or a body corporate shall attend the hearing by representative duly authorised to negotiate and, if appropri- ate, agree the terms of settlement.
(5) The Registrar shall conduct the preliminary hearing and shall do so in
an informal manner as the circumstances permit.
(6) At the preliminary hearing, the Registrar--(a) shall enquire into the likelihood of settlement, the delineation of issues in dispute, and the state of preparation of the cases of the respective parties and such procedural matters as he considers relevant; and
(b) shall give directions for the further conduct of the proceedings and, when appropriate fix a date for the hearing of the application.
(7) Parties attending a preliminary hearing under this rule shall make a bona fide endeavour to reach agreement on relevant matters in issue between them.
(8) Evidence of anything said, or of any admission made while discussing or negotiating terms of settlement in the course of such a hearing shall not be admissible in any further proceedings before the Board."
27 April 1990] GOVERNMENT GAZE viE, WA 2097 New rule 16A
9. There shall be inserted a new rule 16A in the following terms:
"Documents required at Preliminary Hearing
16A. (1) Not less than 48 hours before a preliminary hearing all parties to
the proceedings shall, to the extent not already done, file and serve upon
each other copies of all medical reports upon which they intend to rely at
the hearing.
(2) Where a preliminary hearing has been listed in relation to an
application for redemption, payment of expenses in excess of the maximum
amount provided for by sub-clause 17(1) of Schedule 1 of the Act or
involving the financial standing of a party in any way in relation to an
application, that party shall produce at the hearing all relevant and
significant documents which that party has in that party's possession,
custody or control or which, with reasonable diligence, that party couldobtain relating to—
(a) the financial matters referred to in any pleading filed by that party; and (b) interest." the value of any item of property in which that party has an
Rule 17 amended
10. The principal rules are amended by substituting for rule 17 a new rule inthe following terms:
"Reference to the Board
17. (a) to comply with any of these rules;
Where there is failure on the part of a party to proceedings:— (c) to attend a preliminary hearing or other proceedings,
the Registrar may adjourn the preliminary hearing or other proceedings and/or refer the case to the Board and upon that reference the Board may
order that the application be dismissed or that it be treated as undefended and on appropriate evidence make an award or make an order that the case be listed for hearing in the contested list or may make such other order as it considers appropriate."
Rule 18 amended
11. The principal rules are amended by substituting for rule 18 a new rule inthe following terms:
"CALLOVER
18. Every matter to be called over trial date."
All matters which have been entered for trial will be called over before a
Rule 19 amended
12. The principal rules are amended by substituting for rule 19 a new rule inthe following terms:
"19. Attendance of parties and counsel
(1) Unless expressly excused, every worker, employer and/or insurer, third party, intervener or other party to the matter shall, if an individual, attend the callover in person or, if a partnership or a body corporate, by representative duly authorised to negotiate and, if appropriate, agree the terms of a settlement.
(2) The personal attendance of all counsel who will be appearing at the trial
Rule 20 amended
13. The principal rules are amended by substituting for rule 20. a new rule in
the following terms:
of the matter will be required at callover."
Enquiry of Registrar
"20. circumstances bearing on the progress of the application to trial including:(a) Prospects of settlement;
(b) Availability of medical witnesses;
(c) Unsuitability of trial date for any reason;
(d) Dates of any outstanding medical reviews;
(e) State of preparation of matter for trial;
(f) Availability of counsel and
(g) Determination of matters still in issue."
| 2098 | GOVERNMENT GAZETTE, WA | [27 April 1990 |
New rule 20A
14. There shall be inserted a new rule 20A in the following terms:
"20A. Vacation after callover not proceeded with except by Order of the Chairman."
Form I amended
15. Appendix A of the principal rules is amended by substituting for Form 1 the
following:
"FORM 1
(Rule 9)
APPLICATION TO THE BOARD BY INJURED WORKER WITH
RESPECT TO COMPENSATION CLAIMED BY HIM
In the Workers' Compensation Board of Western Australia
No. of 19 BETWEEN
Applicant
of 1 and
Respondent(s)
of
1. On 19 ("the material date") the applicant suffered disability at
2. respondent or
*On the material date the applicant was a worker employed by the each respondent in manner following:-
3. The applicant claims:
(a) *weekly payments for total/partial incapacity for the period to
(b) *a lump sum redemption payment of $ (c) *a lump sum payment pursuant to Schedule 2 of the Act amounting to
representing % loss of/loss
of use of
(d) *(other) (e) *Thgether with:
(i) *Medical and other expenses
(ii) *Costs
*Delete as inapplicable 4. An application under the abovementioned Act is hereby made by the applicant for determination of the said claim.
5. Particulars are hereto appended (if insufficient space separate sheets may be added).
PARTICULARS
1.Name and address of applicant
2.Applicant's date of birth
3.Name and place of business of respondent
4.Nature of business of respondent
5.Nature of employment of applicant on material
date(s)
6.If person(s) by whom applicant employed on
material date(s) is not respondent state basis upon which claim is brought against respon- dent
7.Full particulars of work in which applicant
engaged at time of disability and manner in
which it occurred.8.Nature of disability.
27 April 19901 GOVERNMENT GAZETTE, WA 2099 9. Particulars of (a) incapacity (b) whether total or partial, and (c) estimated duration of inca- pacity.
10. Weekly earnings immediately prior to incapac- ity.
11. Weekly amount which the applicant is earning or is able to earn in some suitable employment or business after the incapacity.
12. Payments, allowances or benefits received from employer during the period of incapacity.
13. Date and manner of compliance with Section 130.
14. (a) Spouse;
Particulars of dependants: (c) other.
15. If relief sought comprises or includes redemp- tion, details in full of the special need of the applicant and/or other special circumstances.
16. If relief sought comprises or includes expenses of the type referred to in Clause 17(1) of Schedule 1 in excess of the maximum amount
provided for by that sub-clause give (a) details in full of the social and financial circumstances of the worker, (b) his reasonable financial needs and (c) his capacity to meet his reasona-
ble expenses referred to in sub-clause 18(1) of Schedule 1 from any source available to him including weekly payments payable under Clause 7 of Schedule 1 or Section 122.
17. Any other relevant facts
Dated this day of 19 (Signed)
Applicant, or Applicant's Solicitor, or Agent.
Address
Note—If application is signed by an agent it must be accompanied by
appointment of such agent."
Form 2 amended
17. Appendix A of the principal rules is amended by substituting for Form 2 thefollowing:
"FORM 2
(Rule 9—Schedule 1, clauses 1, 2 and 3)
APPLICATION TO THE BOARD BY OR ON BEHALF OF DEPENDANTS OF DECEASED WORKER, CONCERNING THE COMPENSATION PAYABLE IN RESPECT OF THE WORKER'S DEATH TO SUCH DEPENDANTS, WHERE DEATH HAS RESULTED FROM A DISABILITY AS TO WHO ARE DEPENDANTS, AND THE APPORTIONMENT AND TO THE WORKER, AND FOR THE DETERMINATION OF QUESTIONS
APPLICATION OF SUCH COMPENSATION
IN THE WORKERS COMPENSATION BOARD OF WESTERN
AUSTRALIA
No. of 19
BETWEEN
Applicant
of
and
J Respondent(s)
of
1. On 19 ("the material date") deceased (names)
suffered disability resulting in his death on
| 2100 | GOVERNMENT GAZETTE, WA | [27 April 1990 |
2.*On the material date the deceased was a worker employed by the
respondent or
*The applicant was a worker employed by each respondent in manner
following:-3.The applicant as *legal personal representative/dependant claims
(a) a benefit of $ for *himself/herself as sole surviving spouse of the deceased who was totally/partially dependent upon the deceased prior to his death.
(b) child's allowance(s) in respect of the surviving *child(ren) of the deceased details of whom are set out in the particulars hereto.
(c) Other (d) A funeral allowance of $ (e) Costs.
*Delete as inapplicable
4.An application under the abovementioned Act is hereby made by the
applicant for determination of the said claim.
5.Particulars are hereto appended (if insufficient space separate sheets may
be added).
PARTICULARS
1. Name and address of deceased
2. Deceased's date of birth
3. Name and place of business of respondent.
4. Nature of business of respondent5. Nature of employment of deceased on material date(s)
6. If person(s) by whom applicant employed on material date(s) is not respondent state name and address thereof and basis upon which claim is brought against respondent
7. Full particulars of work in which deceased engaged at time of disability and manner in which it occurred.
8. Nature of disability.
9. Weekly earnings immediately prior to incapac-
ity. 10. Amount of weekly payments (if any) made to deceased under the Act and of any sum paid in redemption thereof or any lump sum paid as compensation
11. The like particulars as to any dependents who are made respondents (N.B. If there is a legal personal representative who is not the appli- cant, he must be made a respondent)
12. Date and manner of compliance with Section 130.
13. Particulars of dependants:
(a) Spouse;
(b) children under the age of 16 years. 14. Particulars of any persons claiming or who may be entitled to claim to be dependants but as to whose claim a question arises and who are therefore made respondents.
15. Particulars of the manner in which the appli- cant claims to have the amount of compensa- tion sought apportioned or applied (if any)
16. Any other relevant facts
27 April 1990] GOVERNMENT GAZETIb, WA 2101
Dated this day of 19 (Signed)
Applicant, or Applicant's Solicitor, or Agent.
Address
Note—if application is signed by an agent it must be accompanied by
appointment of such agent."
Form 3 amended
18. Appendix A of the principal rules is amended by substituting for Form 3 thefollowing:
"FORM 3
(Rule 9—Schedule 1, clause 5)
APPLICATION TO THE BOARD BY OR ON BEHALF OF DEPENDANTSOF DECEASED WORKER, CONCERNING THE COMPENSATION PAYABLE IN RESPECT OF THE WORKER'S DEATH TO SUCH DEPENDANTS, WHERE DEATH HAS NOT RESULTED FROM A
DISABILITY TO THE WORKER, AND FOR THE DETERMINATION OF
QUESTIONS AS TO WHO ARE DEPENDANTS, AND THE
APPORTIONMENT AND APPLICATION OF SUCH COMPENSATION
IN THE WORKERS COMPENSATION BOARD OF WESTERN
AUSTRALIA
No. of 19
BETWEEN
Applicant
of
and
Respondent(s)
of
1. On 19 ("the material date") deceased (names)
suffered disability and died on but his death did not result from the disability.
2. On the material date the deceased was a worker employed by the
respondent or
*The applicant was a worker employed by each respondent in manner following:—
3. The applicant as *legal personal representative/dependant claims
(a) a benefit of $ for *himself/herself as sole surviving spouse of the deceased who was totally/partially dependent upon the
deceased prior to his death.
(b) *child(ren) of the deceased details of whom are set out in the child's allowance(s) in respect of the surviving particulars hereto. (c) Other
(d) Costs.
*Delete as inapplicable 4. An application under the abovementioned Act is hereby made by the applicant for determination of the said claim.
5. Particulars are hereto appended (if insufficient space separate sheets may
,be added)
PARTICULARS
1. Name and address of deceased
2. Deceased's date of birth
3. Name and place of business of respondent.
4. Nature of business of respondent5. Nature of employment of deceased on material date(s)
| 2102 | GOVERNMENT GAZE1 1E, WA | [27 April 1990 |
6. If person(s) by whom applicant employed on material date(s) is not respondent state name and address thereof and basis upon which claim is brought against respondent
7. Full particulars of work in which deceased engaged at time of disability and manner in which it occurred.
8. Nature of disability.
9. Weekly earnings immediately prior to incapac- ity.
10. Amount of weekly payments (if any) made to deceased under the Act and of any sum paid in redemption thereof or any lump sum paid as compensation
11. The like particulars as to any dependants who are made respondents (N.B. If there is a legal personal representative who is not the appli- cant, he must be made a respondent)
12. Date and manner of compliance with Section 130.
13. Particulars of dependants:
(a) Spouse; (b) children under the age of 16 years. 14. Particulars of any persons claiming or who may be entitled to claim to be dependants but as to whose claim a question arises and who are therefore made respondents.
15. Particulars of the manner in which the appli- cant claims to have the amount of compensa- tion sought apportioned or applied (if any)
16. Any other relevant facts
Dated this day of 19 (Signed)
Applicant, or Applicant's Solicitor, or Agent.
Address
Note—If application is signed by an agent it must be accompanied by
appointment of such agent."
Form 4 amended
19. Appendix A of the principal rules is amended by substituting for Form 4 thefollowing:
"FORM 4 (Rule 9)
APPLICATION TO THE BOARD BY WORKER DISABLED ON A
WESTERN AUSTRALIAN SHIP CONCERNING THE COMPENSATION
CLAIMED BY HIM
IN THE WORKERS' COMPENSATION BOARD OF WESTERN
AUSTRALIA.
No. of 19
BETWEEN
} Applicant
of
and
The owners of the ship "
Respondent(s)
of
1. On 19 ("the material date")
the applicant who was *the master/a seaman or
(as the case may be) employed (or engaged) on the ship
" suffered disability.2.On the material date the applicant was a worker employed by the
respondent.
27 April 1990] GOVERNMENT GAZETTE, WA 2103 3. The applicant claims:
(a) *weekly payments for total/partial incapacity for the period
(b) *a lump sum redemption payment of $(c) *a lump sum payment pursuant to Schedule 2 of the Act amounting to
$ representing % loss of/loss of use of
(d) (other)
Thgether with:(i) *Medical and other expenses
(ii) *Costs
*Delete as inapplicable 4. An application under the abovementioned Act is hereby made by the applicant for determination of the said claim.
5. Particulars are hereto appended (if insufficient space separate sheets may be added)
PARTICULARS
1. Name and address of applicant
2. Applicant's date of birth3. Nature of employment of applicant on material date(s)
4. Where disability suffered
5. Full particulars of work in which applicant engaged at time of disability and manner in which it occurred.
6. Nature of disability.
7. Particulars of (a) incapacity (b) whether total or partial, and (c) estimated duration of inca- pacity.
8. Weekly earnings immediately prior to incapac- ity.
9. Weekly amount which the applicant is earning or is able to earn in some suitable employment or business after the incapacity.
10. Payments, allowances or benefits received from employer during the period of incapacity.
11. Date and manner of compliance with Section 130.
12. Particulars of dependants:
(a) Spouse;
(b) children under the age of 16 years.13.
If relief sought comprises or includes redemp- tion details in full of the special need of the applicant and/or other special circumstances.
14. If relief sought comprises or includes expenses of the type referred to in Clause 17(1) of Schedule 1 in excess of the maximum amount in full of the social and financial circumstances provided for by that sub-clause give (a) details
of the worker, (b) his reasonable financial needs and (c) his capacity to meet his reasona- Schedule 1 from any source available to him ble expenses referred to in sub-clause 18(1) of
including weekly payments payable under
Clause 7 of Schedule 1 or Section 122.
15. Any other relevant facts
Dated this day of 19 (Signed)
Applicant, or Applicant's Solicitor, or Agent.
Address
Note—If application is signed by an agent it must be accompanied by appointment of such agent."
| 2104 | GOVERNMENT GAZETTE, WA | [27 April 1990 |
Form 5 amended
20. Appendix A of the principal rules is amended by substituting for Form 5 thefollowing:
"FORM 5
(Rule 9 Schedule 1 cl. 4)
APPLICATION TO THE BOARD BY OR ON BEHALF OF
DEPENDANTS OF WORKER DISABLED ON WESTERN AUSTRALIAN
SHIP AND WHOSE DEATH RESULTED FROM THE DISABILITY
IN THE WORKERS' COMPENSATION BOARD OF WESTERN
AUSTRALIA.
No. of 19
BETWEEN
1 Applicant
of
and
The owners of the ship "
1 Respondent(s)
of
1. On the day of 19 ("the material date")
the deceased (names), (the master of the ship , or a seaman, or as the case may be) suffered disability resulting in his death on
2.*On the material date the deceased was a worker employed by the
respondent or
*The applicant was a worker employed by each respondent in manner
following:-
3.The applicant as *legal personal representative/dependant claims
(a) benefit of $ for *himself/herself as sole surviving spouse of the deceased who was totally/partially dependent upon the
deceased prior to his death.(b) child's allowance(s) in respect of the surviving *child(ren) of the deceased details of whom are set out in the
particulars hereto.(c) Other (d) A funeral allowance of $ (e) Costs.
*Delete as inapplicable
4.An application under the abovementioned Act is hereby made by the
applicant for determination of the said claim.
5.Particulars are hereto appended (if insufficient space separate sheets may
be added)
PARTICULARS
1.Name and address of deceased
2.Deceased's date of birth
3.Nature of employment of deceased on material
date(s)
4.Where disability suffered
5.Full particulars of work in which deceased
engaged at time of disability and manner in
which it occurred.6.Nature of disability.
7.Weekly earnings immediately prior to incapac-
ity.
8.Amount of weekly payments (if any) made to
deceased under the Act and of any sum paid in redemption thereof or any lump sum paid as compensation
9.The like particulars as to any dependants who
are made respondents (N.B. If there is a legal personal representative who is not the appli- cant, he must be made a respondent)
27 April 19901 GOVERNMENT GAZETTE, WA 2105 10. Date and manner of compliance with Section 130.
11. Particulars of dependants:
(a) Spouse;
(b) children under the age of 16 years.12. Particulars of any persons claiming or who may be entitled to claim to be dependants but as to whose claim a question arises and who are therefore made respondents.
13. Particulars of the manner in which the appli- cant claims to have the amount of compensa- tion sought apportioned or applied (if any)
14. Any other relevant facts
Dated this day of 19 (Signed)
Applicant, or Applicant's Solicitor, or Agent.
Address
Note—If application is signed by an agent it must be accompanied by appointment of such agent."
Form 6 amended
21. Appendix A of the principal rules is amended by substituting for Form 6 thefollowing:
"FORM 6
(Rule 9 Schedule 1 el. 5)
APPLICATION TO THE BOARD BY OR ON BEHALF OF
DEPENDANTS OF WORKER DISABLED ON WESTERN AUSTRALIAN 511W AND WHOSE DEATH DID NOT RESULT FROM THE DISABILITY
IN THE WORKERS' COMPENSATION BOARD OF WESTERN
AUSTRALIA.
No. of 19
BETWEEN
Applicant
of
and
The owners of the ship "
Respondent(s)
of "1
1. On the day of 19 ("the material date(s)")
the deceased (names), (the master of the ship " ", or a seaman, or as the case may be) suffered disability and the deceased died on the day of but his death did not result from the disability. 2. *On the material date the deceased was a worker employed by the respondent or
*The applicant was a worker employed by each respondent in manner following:-
3. The applicant as *legal personal representative/dependant claims
(a) benefit of $ for *himselfTherself as sole surviving spouse of the deceased who was totally/partially dependent upon the
deceased prior to his death.
(b) child's allowance(s) in respect of the surviving *child(ren) of the deceased details of whom are set out in the
particulars hereto.
(c) Other
(d) Costs.
*Delete as inapplicable
| 2106 | GOVERNMENT GA=1-11„ WA | [27 April 1990 |
4.An application under the abovementioned Act is hereby made by the
applicant for determination of the said claim.
5.Particulars are hereto appended (if insufficient space separate sheets may
be added)
PARTICULARS
1.Name and address of deceased
2.Deceased's date of birth
3.Nature of employment of deceased on material
date(s)
4.Where disability suffered
5.Full particulars of work in which deceased
engaged at time of disability and manner in
which it occurred.6.Nature of disability.
7.Weekly earnings immediately prior to incapac-
ity.
8.Amount of weekly payments (if any) made to
deceased under the Act and of any sum paid in
• redemption thereof or any lump sum paid as • compensation 9. The like particulars as to any dependants who are made respondents (N.B. If there is a legal personal representative who is not the appli- cant, he must be made a respondent).
10. Date and manner of compliance with Section 130.
11. Particulars of dependants:
(a) Spouse;
(b) children under the age of 16 years. 12. Particulars of any persons claiming or who may be entitled to claim to be dependants but as to whose claim a question arises and who are therefore made respondents.
13. Particulars of the manner in which the appli- cant claims to have the amount of compensa- tion sought apportioned or applied (if any)
• 14. Any other relevant facts
Dated this day of 19 (Signed)
Applicant, or Applicant's Solicitor, or Agent.
Note—If application is signed by an agent it must be accompanied by Address appointment of such agent."
Form 8 amended
22. Appendix A of the principal rules is amended by substituting for Form 8 thefollowing:
"FORM 8
(Rule 13 (1)) (Heading as in application)
NOTICE TO RESPONDENT/THIRD PARTY TO FILE ANSWER
No. of 19 BETWEEN
Applicant
of t and
Respondent(s)
of
Take notice that if you wish to defend the appl'cation/third party notice a service copy of which is sent to you herewith or disclaim any interest in the subject matter of the proceedings or consider that the applicant's particulars are
27 April 1990] GOVERNMENT GAZETTE, WA 2107 in any respect inaccurate or incomplete, or desire to bring any fact or document to the notice of the Board, or intend to rely on any fact or to deny (wholly or partially) your liability to pay compensation under the Act/or to indemnify the third party, you must file with me an Answer stating your name and address, and the name and address of your solicitor or agent (if any) and stating that you disclaim any interest in the subject matter of the proceedings or stating in what respect the applicant's particulars are inaccurate or incomplete or stating concisely any fact or document which you desire to bring to the notice of the Board, or on which you intend to rely, or the ground on, and extent to which, you deny liability.
Such Answer, together with a copy thereof for the Board, and a copy for the applicant and for each of the other respondents (if any) must be filed with me within 14 days of service of the application/third party notice upon you.
If an Answer is not filed, and subject to such Answer, if any, the applicant's particulars and your liability to pay compensation/indemnity will be taken to be admitted.
And further take notice that in due course you will be advised of the date of a preliminary hearing of the matter which you will be required to attend.
Dated this day of 19 Registrar
To
of " New Form SA
23. Appendix A of the principal rules is amended by the inclusion of a new rule8A as follows:
"FORM SA
Rule 13(2)) (Heading as in application)
AFFIDAVIT OF SERVICE
No of 19
BETWEEN
. Applicant
of I and
Respondent(s)
of 1 I of
in the State of Western Australia
being duly sworn make oath and say as
follows:-
1. I am over the age of 16 years.
2.
*I did on the day of 19
serve the abovenamed with the application in this matter numbered
of 19 , which application was dated the day of 19 , and appeared to me to bear the seal of the Workers' Compensation
Board of Western Australia.
3.Such service was effected by delivering the said application to the
said
personally,
Or
by delivering the said application to the
(residence
(place of business of the said
Or
by sending it in a registered letter addressed to the
(residence
(place of business
of the said
4. *I at the same time and place and in the same manner served the said
with notice appointing as day of
hearing the day of 19
Sworn at
Australia thisin the State of Western
day of 19 before me—
Justice of the Peace
*Complete as appropriate
Or
Delete as inapplicable"
| 2108 | GOVERNMENT GAZE Fib, WA | [27 April 1990 |
Form 9 amended
24. Appendix A of the principal rules is amended by substituting for Form 9 the
following:
"FORM 9
(Rule 16(1))(Heading as in application)
NOTICE TO PARTIES OF DATE OF PRELIMINARY HEARING
No. of 19 BETWEEN
1 Applicant
of
and
} Respondent(s)
of
Take notice that I will proceed with the preliminary hearing of this matter
at on the
day of , at the hour of o'clock in the noon. And further take notice that if you do not attend either in person or by your solicitor, agent or by representative duly authorised to negotiate and, if appropriate, agree the terms of a settlement, at the time and place abovemen- tioned such order will be made and proceedings taken as I may think just and expedient.
Dated this day of 19 Registrar
To
of
J. GOTJAMANOS, Chairman, Workers' Compensation Board. *Published in the Government Gazette on 8 April 1982 at pp. 1250-1275 with Corrigendum published on 7 May 1982 at p. 1463, Amendments published on II June 1982 at pp. 1937 and 1938, 12 August 1983 at pp. 2951 and 2952, 6 January 1984 at p. 19, 7 September 1984 at p. 2887, 4 August 1989 at p. 2496, II August 1989 at pp. 2678 and 2679 and with Corrigenda published on 1 September 1989 at p. 3071, 1 December 1989 at pp. 4430 and 4431 and 16 February 1990 at pp. 1118 and 1119.
TENDERS
BUILDING MANAGEMENT AUTHORITY
Tenders, closing at West Perth, at 2.30 pm on the dates mentioned hereunder, are invited for the
following projects.
Tenders are to be addressed to:—
The Minister for Works,
c/o Contract Office,
Dumas House,
| 2 Havelock Street. |
West Perth, Western Australia 6005
and are to be endorsed as being a tender for the relevant project.
The highest, lowest, or any tender will not necessarily be accepted.
| Tender | Closing | Tender Documents |
| No. | Project | Date | now available from: |
| 24867.... | Pemberton District High School—Construction. | 2/5/90 | BMA West Perth |
Builders Categorisation Category C. Deposit on BMA Bunbury
Documents: $300. Documents available Wednesday, April 4.
| 24869.... | Graylands—World | Swimming | Championship | 2/5/90 | BMA West Perth |
1991—Temporary Grandstands
| 24870.... Gosnells | Primary | School—Alterations | and | 9/5/90 | BMA West Perth |
Additions to Library and Administration. Builders Categorisation Category D
| 24872.... Transportable | Classrooms | (3)—Primary 9/5/90 BMA West Perth |
Schools—Special Aboriginal Projects
| 24873.... | North Perth Junior Primary School—Conversion | 9/5/90 | BMA West Perth |
to Office Accommodation for Swimming/Music
| 24875.... | Royal Perth Hospital Alterations—Medical Gases | 9/5/90 | BMA West Perth |
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