Workers' Compensation Supplementation Fund Amendment Act 1982 (WA)

WESTERN AUSTRALIA.

WORKERS' COMPENSATION SUPPLEMENTATION FUND.

No. 49 of 1982.

AN ACT to amend the Workers' Compensation

Supplementation Fund Act 1980-1982.

[Assented to 6 September 1982.]

BE it enacted by the Queen's Most ExcellentMajesty, 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:—

1. (1) This Act may be cited as the Workers' Short title

Compensation Supplementation Fund Amendment

Act 1982.

(2) In this Act the Workers' Compensation Supplementation Fund Act 1980-1982 is referred to as the principal Act.

No. 49J	Workers' Compensation	[1982.
Supplementation Fund.

(3) The principal Act as amended by this Act may be cited as the Workers' Compensation Supplemen- tation Fund Act 1980-1982.

Long title

repeated and	2. The long title of the principal Act is repealed
substituted.

and the following long title is substituted

IC

AN ACT to establish the Employers' Indemnity Supplementation Fund for the payment of certain claims for workers' compensation and for damages arising from injury to, or the death of, a worker, and for purposes incidental thereto or connected therewith. " .

Section 1

amended. 3. Section 1 of the principal Act is amended by

deleting "Workers' Compensation" and substituting

the following-

" Employers' Indemnity " .

Section 3

amended. 4. Section 3 of the principal Act is amended

(a) by deleting the definition of "employer's policy" and substituting the following definition

"employer's policy" means

(a)

a policy of insurance

providing-

(i)   the cover required by section 160 of the Workers' Compensa- tion and Assistance Act 1981; and

(ii)  cover for an em- ployer's liability to pay damages at

1982.]	Workers' Compensation	[No. 49.
Supplementation Fund.

common law for injury to, or the death of, a worker employed by him; and

(b) a policy of insurance provid- ing either of those forms of cover,

and where an employer has more than one employer's policy, as so defined, the expression "the employer's policy" extends to all such policies; " ; and

(b) in the definition of "Fund" by deleting "Workers' Compensation" and substituting the following-

" Employers' Indemnity "

5.    The heading to Part II of the principal Act is Er.npg

amended by deleting "WORKERS' COMPENSA- amended.

TION" and substituting the following-

" EMPLOYERS' INDEMNITY "

6.    Section 5 of the principal Act is amended in =LI

subsection (1) by deleting "Workers' Compensation"

and substituting the following-

" Employers' Indemnity " .

7.    Section 16 of the principal Act is amended— amended?

(a) in subsection (2), by inserting after "employer's policy" the following-

" obtained under section 160 of the Workers' Compensation and Assistance Act 1981 " ; and

No. 49.]	Workers' Compensation	[1982.
Supplementation Fund.

(b) by inserting after subsection (2) the follow- ing subsection-

''

(3) Nothing in this section affects the obligations of a self-insurer to pay the appropriate surcharge under section 14 in respect of an employer's policy providing cover for his liability to pay damages at common law for injury to, or the death of, a worker. " .

Section 19

amended. 8. Section 19 of the principal Act is amended

(a) in subsection (1) (a), by inserting after "Act 1981" the following-

" , or at common law, " ;

(b) in subsection (2)-

(i)    in paragraph (a), by inserting after "Act 1981" the following

, or damages at common

law, " ;

(ii)    in paragraph (b) by inserting after "compensation" the following-

" or damages " ; and

(iii)   by inserting after "the amount of compensation", in both places where it appears, the following-

" or damages " ; and

(c) in subsection (5)-

(i)    by deleting the full stop at the end of the subsection and substituting a semicolon; and

(ii)  by inserting after the definition of "compensation" the following definition

"damages" includes an amount in settlement of a claim for damages. " .