Workers' Compensation (Common Law Proceedings) Act 2004 (WA)

Western Australia Workers' Compensation (Common Law Proceedings) Act 2004 Western Australia Workers' Compensation (Common Law Proceedings) Act 2004 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Purpose 2 Part 2 — Provisions relating to section 32 of the Workers' Compensation and Rehabilitation Amendment Act 1999 4. Terms used in this Part 3 5. Provisions applying to awarding of damages 3 6. Existing determinations unaffected 4 7. Jurisdiction removed and workers' costs indemnified 5 Part 3 — Amendments to other Acts 8. The Act amended 7 9. Section 93E amended 7 10. Sections 93EA, 93EB, and 93EC inserted 7 93EA. Referring questions with fresh evidence in particular cases 7 93EB. Referring questions in certain other cases 10 93EC. Extended time for commencing proceedings 12 11. Section 154AC inserted 13 154AC. Regulations for subsidy from Supplementation Fund 13 12. Employers' Indemnity Supplementation Fund Act 1980 amended 14 Notes Compilation table 15 Defined terms Western Australia Workers' Compensation (Common Law Proceedings) Act 2004 An Act to — • make provision for certain applications and proceedings relating to the awarding of damages to workers; and • amend the Workers' Compensation and Rehabilitation Act 1981 and the Employers' Indemnity Supplementation Fund Act 1980.

Part 1 — Preliminary

1. Short title This Act may be cited as the Workers' Compensation (Common Law Proceedings) Act 2004.

2. Commencement (1) Except as stated in subsection (2), this Act comes into operation on the day on which it receives the Royal Assent. (2) Section 5(1) and (2) are deemed to have come into operation on 5 October 1999.

3. Purpose The purposes of this Act are — (a) to ensure that so far as is equitable the intention of Parliament in enacting section 32 of the Workers' Compensation and Rehabilitation Amendment Act 1999, as stated by the Minister for Labour Relations in the Legislative Assembly on 21 October 1999 (Parliamentary Debates (Hansard) at 2456), is given effect; and (b) to ensure that workers are not disadvantaged by the effect of certain decisions of the Supreme Court in relation to the operation of section 93D of the Workers' Compensation and Injury Management Act 1981. [Section 3 amended: No. 42 of 2004 s. 173(2).]