Workers' Compensation Supplementation Fund Amendment Act 1981 (WA)

WESTERN AUSTRALIA.

WORKERS' COMPENSATION SUPPLEMENTATION FUND.

No. 26 of 1981.

AN ACT to amend the Workers' Compensation

Supplementation Fund Act 1980.

[Assented to 26 May 1981.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Workers' and citation.

Compensation Supplementation Fund Amendment

Act 1981.

(2) In this Act the Workers' Compensation Supplementation Fund Act 1980 is referred to as the principal Act.	Act No. 80
of 1980.

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Supplementation Fund.

(3) The principal Act as amended by this Act may be cited as the Workers' Compensation Supple- mentation Fund Act 1980-1981.

Commence-

ment. 2. (1) Subject to this section, this Act shall come into operation on the day on which this Act is assented to by the Governor.

Sections 3 (1) and 7 of, and the Schedule to, this Act shall come into operation on the day on which section 102 of the Workers' Compensation Act 1981 comes into operation.

(2)

Sections 3 (2) and (3) and 6 (1) of this Act shall come into operation on the day on which the last of the provisions of the Workers' Compensation Act 1981 to come into operation comes into operation.

(3)

Sections 3 (4), (5) and (6) and 4 of this Act shall come into operation on the day on which Part X of the Workers' Compensation Act 1981 comes into operation.

(4)

Section 6 (3) of this Act shall come into opera-

tion on the day on which Schedule 1 to the Workers'

Compensation Act 1981 comes into operation.

(5)

Section 3

amended. 3. (1) Section 3 of the principal Act is amended

by

(a) deleting the definition of "Board"; and

(b) inserting, after the definition of

"Chairman", the following definition

"Commission" means Workers' Assist- ance Commission established by section 102 of the Workers' Compensation Act 1981; " .

(2) Section 3 of the principal Act is amended by deleting the definition of "Compensation Act".

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(3) Section 3 of the principal Act is amended by deleting the definition of "employer" and substitut- ing the following definition

"employer" has the same meaning as it has in the Workers' Compensation Act 1981; " .

(4) Section 3 of the principal Act is amended in the definition of "employer's policy" by deleting "13 of the Compensation Act" and substituting the following-

" 167 of the Workers' Compensation Act

1981 "

(5) Section 3 of the principal Act is amended in

the definition of "insurer" by deleting "13 of the

Compensation Act" and substituting the following-

" 168 of the Workers' Compensation Act

1981 " .

(6) Section 3 of the principal Act is amended by deleting the definition of "self-insurer" and sub- stituting the following definition

CC "self-insurer" means employer whom, or

employer belonging to a group of employ- ers which, the Governor exempts under section 172 of the Workers' Compensa- tion Act 1981 from the obligation to insure pursuant to that Act except for the obligation to insure against liability to pay compensation for any industrial disease of the kinds referred to in section 157 (a) (iii) of that Act; " .

4. Section 4 of the principal Act is repealed and M:iii(lield4 and

the following section is substituted— subs tituted.

CC

4. This Act does not apply to or in relation	Act not to
apply to mining

to an employer insured by the SGIO under the	employees.
authority conferred on it by section 169 of the Workers' Compensation Act 1981 for the

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liability of that employer to pay compensation under that Act to all workers employed by that employer in any mining operation. " .

Section 7

amended. 5. Section 7 of the principal Act is amended in subsection (1) (a) by deleting "make advances" and substituting the following-

" advance " .

Section 19

amended. 6. (1) Section 19 of the principal Act is

amended

(a) in subsection (1) (a) by deleting "Compen- sation Act" and substituting the following

if

Workers' Compensation Act 1981 " ;

and

(b) in subsection (2) (a) by deleting "Compen- sation Act" and substituting the following-

" Workers' Compensation Act 1981 " .

(2) Section 19 of the principal Act is amended—

(a) in subsection (1)-

(i)   by deleting "If, before, on or after the appointed date—" and substitut- ing the following

"If, on or after 1 January

1979— 7) ;

(ii)   by inserting, after "the judgment, order or award referred to in para- graph (a) was given or made, as the case requires,", the following-

" or, if the employer against whom

that judgment, order or award

has been given or made has paid

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the amount of that judgment, order or award, that em- ployer " ; and

(iii) by inserting, before "of the amount of that judgment, order or award.", the following-

" or reimbursement, as the case

requires, " ;

(b) in subsection (2)—

(i)    by deleting "If, before, on or after the appointed date—" and substituting the following-

" If, on or after 1 January

1979— ;

(ii)  by inserting, after "the person referred to in paragraph (a)", the following

or, if the employer against whom that person is entitled to make the claim referred to in that paragraph has paid the amount of compensation sought by that claim, that employer " ; and

(iii)    by inserting, before "of the amount of compensation referred to in para- graph (a).", the following-

" or reimbursement, as the case

requires, " ;

(c) in subsection (3) by inserting, after "A person", the following-

" or employer " ; and

(d) in subsection (4) by inserting, after "A person", the following-

" or employer " .

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(3) Section 19 (5) of the principal Act is amended by deleting paragraph (b) of the definition of "compensation" and substituting the following paragraph-

" (b) all amounts payable under Schedule 1 to the Workers' Compensation Act 1981. " .

Substitution

of "Commis-	7. The provisions of the principal Act specified in the Schedule to this Act are amended by deleting "Board", wherever it occurs, and substituting in each case the following-
sion" for
"Board".

" Commission "

SCHEDULE. (section 7)

SUBSTITUTION OF "COMMISSION" FOR "BOARD".

Sections 5, 7 (1) and (3), 8, 9, 10, 11, 12, 13, 15, 16, 17 (3),

18 (2) and (3), 25, 27 (2), 36 (1) and (2), 37 and 39.