Workers Compensation and Injury Management Regulations 2024 (WA)

Western Australia Workers Compensation and Injury Management Act 2023 Workers Compensation and Injury Management Regulations 2024 Western Australia Workers Compensation and Injury Management Regulations 2024 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 4. Rounding 1 Part 2 — Injury from employment 5. Prescribed diseases and prescribed employment 1 6. Conditions and limitations on prescribed diseases (Act s. 10(3)(a)) 1 7. Day on which injury by prescribed disease is taken to have been suffered (Act s. 10(3)(b)) 1 8. Section 10 of Act applies to prescribed diseases suffered on or after 1 July 2024 (Act s. 10(4)) 1 9. Prescribed employment and conditions in relation to COVID‑19 1 10. Prescribed employment and conditions in relation to PTSD 1 11. Specified diseases for firefighters 1 Part 3 — Worker and employer 12. Prescribed workers and excluded workers (Act s. 13) 1 13. Workers who hold public office 1 14. Religious workers 1 15. NDIS support workers 1 16. Police officers and Aboriginal police liaison officers 1 17. Crew of fishing vessels not workers 1 18. Contracted sporting contestants not workers 1 Part 4 — Compensation for injury Division 1 — Claiming compensation and responding to a claim 19. Deemed liability acceptance day 1 20. Notice of remunerated work 1 21. Incapacity after claim made 1 22. Provisional payments day 1 Division 2 — Income compensation 23. Adjusted maximum weekly rate of income compensation amount 1 24. Minimum weekly rate of income compensation (Act s. 57(7)(d)) 1 25. Monetary value of board and lodging 1 26. Maximum board and lodging daily amount 1 Division 3 — Reducing, suspending and discontinuing income compensation 27. Reducing or discontinuing income compensation on basis of worker's return to work 1 28. Reducing or discontinuing income compensation on basis of medical evidence 1 29. Required declarations provided by non‑resident (Act s. 65(1)) 1 30. Suspension of income compensation while worker in custody 1 Division 4 — Compensation for medical and health expenses 31. Term used 1 32. Prescribed health services 1 33. Matters of which arbitrator must be satisfied 1 Division 5 — Compensation for miscellaneous expenses 34. Maximum amount payable for wheelchair or similar appliance (Act s. 86(2) and 538(2)) 1 35. Travel expenses (Act s. 90(4)) 1 Division 6 — Compensation for workplace rehabilitation expenses 36. When it is reasonably necessary to provide workplace rehabilitation services (Act s. 93(3)) 1 37. Engaging workplace rehabilitation provider (Act s. 93(3)) 1 38. Workplace rehabilitation services that may be provided (Act s. 93(3)) 1 39. Terminating workplace rehabilitation services (Act s. 93(3)) 1 Division 7 — Compensation for noise‑induced hearing loss Subdivision 1 — Preliminary 40. Terms used 1 41. Audiological tests and NIHL assessments 1 Subdivision 2 — Audiological tests 42. Persons authorised to perform audiological tests 1 43. Paying for audiological tests 1 44. Frequency of audiological tests 1 45. Performing audiological tests 1 Subdivision 3 — NIHL assessments 46. NIHL assessments 1 47. Persons authorised to perform NIHL assessments 1 48. Paying for NIHL assessments 1 49. Performing NIHL assessments 1 Subdivision 4 — Claiming noise‑induced hearing loss compensation 50. Terms used 1 51. Making claim for noise‑induced hearing loss compensation 1 52. Claiming noise‑induced hearing loss compensation when more than 1 employer liable 1 53. Insured employer must give claim to insurer 1 54. Worker may give claim to insurer if employer defaults 1 55. Claim given to WorkCover WA 1 56. Insurer or self‑insurer to make decision on liability 1 57. Requirements when decision on liability deferred 1 58. Application of Act s. 31 1 59. Determining disputes about hearing loss matters 1 60. Determining other disputes about liability of employer 1 61. Time within which to pay compensation 1 62. Apportionment determination 1 Subdivision 5 — Noise‑induced hearing loss register 63. Noise‑induced hearing loss register 1 64. Disclosure of information 1 Division 8 — Compensation for death of worker 65. Eligible dependent child allowance 1 66. Funeral expenses 1 67. Discharging liability to pay eligible dependent child allowance 1 Division 9 — Settlements 68. Applications for registration of settlement agreements (Act s. 152(1)) 1 69. Supporting information and documents (Act s. 152(1)(b)) 1 70. Circumstances in which application may be rejected (Act s. 152(3)(b)) 1 71. Registration of settlement agreements 1 72. Register of settlement agreements 1 Part 5 — Injury management Division 1 — Injury management systems 73. Content of injury management system (Act s. 159(3)) 1 74. Copy of injury management system document to be given to workers on request 1 Division 2 — Return to work Subdivision 1 — Return to work programs 75. Approved form 1 76. Worker must have opportunity to participate in establishing return to work program 1 77. Reasonable steps to ensure worker agrees to content of return to work program 1 78. Copy of return to work program to be given to worker and medical practitioner 1 79. Amending return to work program 1 80. Implementation of return to work program 1 Subdivision 2 — Return to work case conferences 81. Requirement to participate in return to work case conference (Act s. 165(3)(a)) 1 82. Conduct of return to work case conference (Act s. 165(3)(b)) 1 83. Persons who may attend return to work case conference 1 Division 3 — Certificate of capacity 84. Matters specified in certificate of capacity (Act s. 169(1)(b)) 1 85. Who can issue certificate of capacity (Act s. 169(2)(b)) 1 Division 4 — Workplace rehabilitation providers 86. Criteria for grant of approval for workplace rehabilitation providers (Act s. 173(2)) 1 87. Qualifications, experience and knowledge of rehabilitation consultants 1 Part 6 — Medical assessment Division 1 — Medical examination of worker 88. Frequency and time of medical examinations 1 Division 2 — Assessing degree of permanent impairment 89. Requests for assessment of worker's degree of permanent impairment 1 90. Paying for assessments 1 91. Powers of approved permanent impairment assessors (Act s. 191) 1 92. Period for compliance with requirements 1 Part 7 — Insurance Division 1 — Employer obligations 93. Remuneration paid to or for benefit of workers (Act s. 200) 1 94. Employers required to keep certain records (Act s. 209(1)(d)) 1 Division 2 — Licensed insurers 95. Term used 1 96. Criteria for grant of insurer licence (Act s. 228(2)) 1 97. Licensed insurer to give notice of certain events 1 98. WorkCover WA and APRA may exchange information 1 Division 3 — Insurance obligations of licensed insurers 99. Information reasonably required by licensed insurers (Act s. 236(3)) 1 100. Insurance requirement (Act s. 237(1)(g)) 1 101. Terms and conditions (Act s. 237(1)) 1 102. Licensed insurer permitted to refuse to indemnify employer (Act s. 241(1)) 1 103. Cancellation of insurance policy 1 104. Limits on claims for declared acts of terrorism (Act s. 291) 1 Division 4 — Licensed self‑insurers 105. Criteria for grant of self‑insurer licence 1 Part 8 — Dispute resolution Division 1 — Conciliation and arbitration 106. Authorised agents (Act s. 303) 1 107. Relevant documents (Act s. 306(1)) 1 108. Rates of interest 1 109. Witness allowances (Act s. 380(b)) 1 Division 2 — Costs 110. Terms used 1 111. Application for assessment of costs 1 112. Taxing officer may require copy of application to be given to other persons 1 113. Taxing officer may require documents or further particulars 1 114. Consideration of application 1 115. Assessment to give effect to order and costs determination 1 116. Matters to be considered by taxing officer 1 117. Costs of assessment 1 118. Enforcement of assessment 1 119. Correction of error 1 Part 9 — Common law 120. Election to retain right to seek damages 1 121. Requirement to record election 1 122. Maximum damages award for less than 25% impairment 1 Part 10 — Management and disclosure of information Division 1 — General 123. Terms used 1 Division 2 — Giving or lodging EDS documents or notices using EDS 124. Requirement to lodge EDS documents using EDS (Act s. 497(3)(a)) 1 125. EDS exempt 1 126. EDS unavailable or person EDS exempt 1 127. When EDS document is taken to have been lodged (Act s. 497(3)(c)) 1 128. When Director is taken to have given notice or copy of document in relation to EDS document (Act s. 497(3)(c)) 1 129. Complete and legible documents 1 Division 3 — Giving documents generally 130. Application of Division 1 131. Giving documents (Act s. 497(3)(a)) 1 132. When document is taken to have been given using email (Act s. 497(3)(c)) 1 Division 4 — Status and effect of documents given or lodged electronically using EDS or email 133. Electronic lodgment of documents (Act s. 497(3)(f)) 1 Part 11 — Variation of adjustable amounts 134. General maximum amounts (Act s. 538(3)) 1 Part 12 — Miscellaneous Division 1 — Inspectors 135. Identification of inspectors (Act s. 509(2)(b)) 1 Division 2 — Infringements 136. Prescribed offences and modified penalties (Act s. 522) 1 137. Approved officers and authorised officers 1 138. Forms 1 Division 3 — Employment connected with State 139. Adjacent areas of a State 1 Division 4 — Registered independent agents 140. Terms used 1 141. Conditions on registration of registered independent agents (Act s. 578(6)(b)) 1 142. Suspension or cancellation of independent agent's registration (Act s. 578(6)(d)) 1 143. Review by State Administrative Tribunal (Act s. 578(6)(e)) 1 144. Compliance audits and investigations (Act s. 578(6)(f)) 1 145. Requirement to provide information or documents to WorkCover WA (Act s. 578(6)(g)) 1 146. Obligations of registered independent agents during transition period (Act s. 578(6)(j)) 1 Part 13 — Transitional provisions Division 1 — General transitional provisions 147. Deemed disputed claims under former Act 1 Division 2 — Noise‑induced hearing loss 148. Terms used 1 149. Noise‑induced hearing loss before 1 March 1991 1 150. Pending noise‑induced hearing loss claims 1 151. Full audiometric tests 1 152. Otorhinolaryngological assessments 1 153. Noise‑induced hearing loss register 1 Schedule 1 — Prescribed diseases and prescribed employment Schedule 2 — Religious workers and religious bodies Schedule 3 — Workers Compensation Policy 1. Preamble 1 2. Definitions 1 3. Liability for compensation 1 4. Liability for damages 1 5. Policy limit on liability to pay damages 1 6. Exclusions to insurer's requirement to indemnify employer against liability to pay compensation or damages 1 7. Exclusion to insurer's requirement to indemnify employer against liability to pay damages 1 8. Policy conditions 1 Schedule 4 — Prescribed offences and modified penalties Schedule 5 — Infringement notice forms Schedule 6 — Adjacent areas 1. Terms used 1 2. Adjacent areas defined 1 Schedule 7 — Registered Independent Agents Code of Conduct 1. Duties of registered agents 1 2. Integrity and diligence 1 3. Confidentiality 1 4. Conflicts of interest 1 5. Proceedings 1 6. Advertising 1 7. Withdrawal 1 8. Fees 1 9. Records 1 10. Trust moneys 1 11. Costs 1 Notes Compilation table 1 Defined terms Workers Compensation and Injury Management Act 2023 Workers Compensation and Injury Management Regulations 2024