Workers Compensation and Injury Management Act 2023 (WA)

Western Australia Workers Compensation and Injury Management Act 2023 Western Australia Workers Compensation and Injury Management Act 2023 Contents Part 1 — Preliminary Division 1 — General 1. Short title 1 2. Commencement 1 3. Act binds Crown 1 4. No contracting out 1 Division 2 — Terms used 5. Terms used 1 Division 3 — Injury and injury from employment 6. Injury 1 7. Exclusion of injury: reasonable administrative action 1 8. Injury from employment: work related attendances 1 9. Journeys 1 10. Prescribed diseases taken to be from certain employment 1 11. Diseases of firefighters taken to be from employment 1 Division 4 — Worker and employer 12. Meaning of "worker" and "employer" 1 13. Prescribed workers and excluded workers 1 14. Labour hire arrangements 1 15. Jockeys 1 16. Working directors 1 Part 2 — Compensation for injury Division 1 — General principles 17. Employer liable for compensation 1 18. Forms of compensation 1 19. Employment must be connected with this State 1 20. Compensation excluded: serious and wilful misconduct 1 21. Compensation excluded: certain employment on ship 1 22. Person not to be paid twice 1 Division 2 — Claiming compensation Subdivision 1 — Preliminary 23. Terms used 1 24. Application of Division 1 Subdivision 2 — Claim process 25. Making claim for compensation 1 26. Insured employer must give claim to insurer 1 27. Worker may give claim to insurer if employer defaults 1 28. Insurer or self‑insurer to make decision on liability 1 29. Requirements when decision on liability deferred 1 30. Determination by arbitrator of question about liability for compensation 1 31. Claims on uninsured employers 1 32. Worker to provide information about other employment 1 33. Incapacity after claim made 1 34. Claiming compensation when question as to liability or apportionment between employers 1 35. Claiming compensation for certain diseases when more than 1 employer liable 1 Subdivision 3 — Provisional payments 36. Requirement for provisional payments 1 37. Compensation for which provisional payments are required 1 38. Calculating the amount of a provisional payment 1 39. How and when provisional payments are to be made 1 40. Provisional payments of medical and health expenses compensation 1 41. Provisional payments of income compensation 1 42. Insurer required to indemnify for provisional payments 1 43. Status and effect of provisional payments 1 44. Other employer or insurer liable 1 Division 3 — Income compensation Subdivision 1 — Preliminary 45. Terms used 1 Subdivision 2 — Entitlement to income compensation 46. Entitlement to income compensation for incapacity for work 1 47. Obligation to pay income compensation 1 48. Total or partial incapacity for work 1 49. Worker not to be prejudiced by resuming work 1 50. Order that worker is taken to be totally incapacitated 1 51. General limit on total income compensation 1 52. Additional income compensation 1 Subdivision 3 — Calculation of income compensation 53. Terms used 1 54. Worker's pre‑injury weekly rate of income 1 55. Amount of income compensation 1 56. Maximum weekly rate of income compensation 1 57. Minimum weekly rate of income compensation 1 58. Monetary value of board and lodging 1 59. Working directors 1 60. Public holidays 1 61. Leave while entitled to income compensation 1 Subdivision 4 — Reducing, suspending and discontinuing income compensation 62. Restrictions on reduction, suspension or discontinuation of income compensation 1 63. Reducing or discontinuing income compensation on basis of worker's return to work 1 64. Reducing or discontinuing income compensation on basis of medical evidence 1 65. Worker not residing in State: failure to provide declaration 1 66. Suspension of income compensation while worker in custody 1 67. Effect of suspension of income compensation payments 1 68. Power of arbitrator to review disputed income compensation payments 1 Division 4 — Compensation for medical and health expenses 69. Terms used 1 70. Medical and health expenses compensation under this Division 1 71. Expenses that are medical and health expenses 1 72. Requirement that medical and health expenses be reasonable 1 73. Medical and health expenses order 1 74. Eligibility to provide compensable medical and health services 1 75. General limit on compensation for medical and health expenses 1 76. Notice to worker that 60% of general limit reached 1 77. Standard increase in compensation limit 1 78. Increase for special expenses in the medical and health expenses general limit amount 1 79. Assessment of degree of permanent impairment for special increase 1 80. Effect of participation in catastrophic injuries support scheme 1 Division 5 — Compensation for miscellaneous expenses 81. Term used: miscellaneous expense 1 82. Compensation for reasonable miscellaneous expenses 1 83. Expenses that are miscellaneous expenses 1 84. Requirement that miscellaneous expenses be reasonable 1 85. First aid and emergency transport 1 86. Wheelchair 1 87. Surgical appliance or artificial limb 1 88. Clothing 1 89. Repair or replacement of artificial aids 1 90. Travel 1 91. Assessment of permanent impairment 1 92. Effect of participation in catastrophic injuries support scheme 1 Division 6 — Compensation for workplace rehabilitation expenses 93. Compensation for workplace rehabilitation expenses 1 94. Workplace rehabilitation fees and charges order 1 95. General limit on compensation for workplace rehabilitation expenses 1 96. Effect of participation in catastrophic injuries support scheme 1 Division 7 — Lump sum compensation for permanent impairment from personal injury by accident 97. Entitlement to lump sum permanent impairment compensation 1 98. Amount of permanent impairment compensation based on degree of permanent impairment 1 99. Worker's degree of permanent impairment 1 100. Limit on permanent impairment compensation 1 101. Calculating permanent impairment compensation 1 102. Further permanent impairment from subsequent injury 1 103. Compensable impairment not to exceed 100% 1 104. Special provisions for AIDS 1 105. Agreement as to degree of permanent impairment 1 106. Determination by arbitrator when worker and employer fail to agree degree of permanent impairment 1 Division 8 — Lump sum compensation for noise‑induced hearing loss 107. Terms used 1 108. Lump sum compensation for noise‑induced hearing loss 1 109. Minimum compensable hearing loss 1 110. Calculation of amount of compensation 1 111. Assessment and evidence of noise‑induced hearing loss 1 112. Apportionment of NIHL compensation between employers 1 113. Disputes about hearing loss 1 114. Regulations 1 Division 9 — Compensation for dust disease Subdivision 1 — Preliminary 115. Terms used 1 116. Dust disease taken to be from certain employment 1 117. Day on which dust disease injury is suffered 1 118. Dust diseases taken to be single injury 1 Subdivision 2 — Compensation for dust disease 119. Entitlement to lump sum compensation for permanent impairment from dust disease 1 120. No entitlement to compensation until Panel determination 1 121. Claiming dust disease compensation 1 122. Compensation claims to be referred to CEO 1 123. Referral of claim to Panel 1 Subdivision 3 — Dust Disease Medical Panels 124. Constitution of Panel 1 125. Panel practice and procedure 1 126. Panel powers 1 127. Determination of Panel 1 128. Effect of determination 1 129. Variation or remaking of determination 1 130. Remuneration and allowances of Panel members 1 Division 10 — Compensation for death of worker 131. Terms used 1 132. Compensation only payable as provided by compensation order 1 133. Lump sum compensation for death resulting from injury 1 134. Allowance for eligible dependent children 1 135. Funeral and medical expenses 1 136. Lump sum compensation for death not resulting from injury 1 137. Claim for compensation under this Division 1 138. Claims procedure: insured employer 1 139. Claims procedure: self‑insurer or uninsured employer 1 140. Determination of claim by arbitrator 1 141. Manner of payment: lump sum compensation 1 142. Manner of payment: child's allowance 1 143. Effect of recovery of damages on applying trust money 1 144. Application procedure 1 145. Inconsistency with other provisions 1 Division 11 — Other matters to do with compensation 146. Recovery of erroneous payments of compensation 1 147. Deductions from wages towards compensation not lawful 1 148. Recovery of cost of services provided to worker 1 Division 12 — Settlement of compensation claim 149. Commuting compensation liabilities by settlement agreement 1 150. Lump sum compensation required to be included in settlement agreement 1 151. Effect on settlement of participation in catastrophic injuries support scheme 1 152. Applying for registration of settlement agreement 1 153. Settlement agreement cannot apply to common law damages 1 154. Scrutiny by Director of settlement agreement 1 155. Cancellation of registration of settlement agreement 1 156. Implementation of settlement agreement 1 157. Limit on lump sum compensation included in settlement agreement 1 Part 3 — Injury management Division 1 — General 158. Term used: treating medical practitioner 1 159. Employer must establish injury management system 1 Division 2 — Return to work Subdivision 1 — Duties of employer, insurer and worker 160. Duty of employer to establish and implement return to work program 1 161. Employer may be ordered to establish and implement return to work program 1 162. Duties of insurer 1 163. Duties of worker 1 164. Consequences of refusal or failure to comply with s. 163 duty 1 Subdivision 2 — Return to work case conferences 165. Attendance at return to work case conference 1 Subdivision 3 — Employment obligations relating to return to work 166. Employer must provide position during incapacity 1 167. Host must cooperate with labour hirer 1 168. Dismissal of injured worker 1 Division 3 — Certificates of capacity 169. Issue of certificate of capacity 1 170. Treating medical practitioner 1 171. Employer, insurer and agent of insurer must not be present at examination or treatment 1 Division 4 — Workplace rehabilitation providers 172. Approval of workplace rehabilitation providers 1 173. Determination of application for approval 1 174. Conditions of approval 1 175. Duration of approval 1 176. Suspension or cancellation of approval 1 177. Register of approved workplace rehabilitation providers 1 178. Performance monitoring and review of approved workplace rehabilitation providers 1 Part 4 — Medical assessment Division 1 — Preliminary 179. Term used: Permanent Impairment Guidelines 1 Division 2 — Medical examination of worker 180. Power to require medical examination of worker 1 181. Worker contravening requirement for medical examination 1 Division 3 — Assessing degree of permanent impairment 182. Assessments to which Division applies 1 183. Method of assessment 1 184. Assessing degree of permanent impairment when multiple injuries arise from single event 1 185. Secondary conditions disregarded in certain cases 1 186. Assessment by approved permanent impairment assessor or Dust Disease Medical Panel 1 187. Permanent Impairment Guidelines 1 188. Requirement for injury to have stabilised 1 189. Asymptomatic pre‑existing disease 1 190. Request for assessment of permanent impairment 1 191. Powers of approved permanent impairment assessors 1 192. Report on results of assessment 1 Division 4 — Permanent impairment assessors 193. Approval of permanent impairment assessors 1 194. Conditions of approval 1 195. Minister may fix scale of fees and charges for permanent impairment assessment 1 196. Duration of approval 1 197. Suspension or cancellation of approval 1 198. Compliance audits and investigations 1 199. Register of approved permanent impairment assessors 1 Part 5 — Insurance Division 1 — General 200. Terms used 1 201. Agency arrangements 1 Division 2 — Employer obligations Subdivision 1 — Insurance requirements for employers 202. Requirement for employers to be insured 1 203. Information to be provided by employer to insurer 1 204. Offences 1 205. Evidence of non‑compliance with insurance requirements 1 206. Defence: employment not connected with this State 1 207. Recovery of premiums avoided by employer 1 208. Liability of responsible officers of corporations 1 209. Records to be kept by employer 1 210. Insurer may recover underpaid premiums from employer 1 211. Recovery of costs of audit of employer 1 212. Certificate of currency 1 213. Workers compensation insurance brokers 1 Subdivision 2 — Contractors and subcontractors 214. Terms used 1 215. Both principal and contractor taken to be employers 1 216. Claim or proceedings against principal 1 217. Indemnity 1 218. Effect of judgment against principal or contractor 1 219. Application of Subdivision to subcontractors 1 220. Subdivision does not extend right to damages 1 221. Contractor remuneration information 1 Subdivision 3 — Avoidance arrangements 222. What constitutes an avoidance arrangement 1 223. Offence if work done under avoidance arrangement 1 224. Arbitrator's determination about avoidance arrangement 1 225. Effect of avoidance arrangement on compensation and insurance 1 Division 3 — Licensed insurers Subdivision 1 — Licensing of insurers 226. Offence: unlicensed insurers 1 227. Application for licence 1 228. Determination of licence application 1 229. Conditions of licence 1 230. Duration of licence 1 231. Suspension, cancellation or surrender of licence 1 232. Performance monitoring and review of insurers 1 233. Improvement notice to licensed insurer 1 234. Specialised insurers 1 235. Special arrangements for Insurance Commission and public authorities 1 Subdivision 2 — Insurance obligations of licensed insurers 236. Obligation of licensed insurers to insure employers 1 237. Terms of insurance and form of policies 1 238. Adjustable premium policies 1 239. Insurer to indemnify employer for compensation payments 1 240. Coverage of insurance policy not limited by employer representations 1 241. Refusal of indemnity 1 242. Cancellation of insurance policy 1 243. Lapsing of insurance policy 1 244. Worker's rights against insurer when employer cannot be proceeded against 1 Division 4 — Self‑insurance Subdivision 1 — Licensing of self‑insurers 245. Application for self‑insurer licence 1 246. Coverage of related entities by group self‑insurer licence 1 247. Liability of holder of group self‑insurer licence 1 248. Application of licensed insurer provisions to self‑insurers 1 Subdivision 2 — Self‑insurer securities 249. Terms used 1 250. Requirement for security 1 251. Review and variation of required security amount 1 252. Calling on security 1 Division 5 — Insurance premiums 253. Fixing of recommended premium rates 1 254. Reports as to recommended premium rates 1 255. Review of premium charged 1 Division 6 — Default Insurance Fund Subdivision 1 — Establishment of Default Insurance Fund 256. Establishment of Default Insurance Fund 1 257. Payments to and from DI Fund 1 258. Payments to and from General Account 1 259. Advances to DI Fund 1 Subdivision 2 — Contributions to DI Fund 260. Terms used 1 261. Required contributions by insurers and self‑insurers to DI Fund 1 262. Arrangements for payment of contributions 1 263. Additional insurer contribution for unexpected claims 1 264. Provision of information by licensed insurers and self‑insurers 1 Division 7 — Uninsured employers 265. Uninsured employer 1 266. Payment of compensation when employer uninsured 1 267. Payment of damages when employer uninsured 1 268. Payment of compensation for dust disease or prescribed disease when insurer unknown or has ceased operation 1 269. Recovery of compensation or damages paid for uninsured employer 1 270. Setting aside certain judgments and agreements 1 271. Recovery of uninsured employer payment from officer of body corporate 1 272. Exercise by WorkCover WA of rights of uninsured employer 1 273. WorkCover WA's rights of indemnity and subrogation 1 274. Employer's duty to assist WorkCover WA 1 275. Liability of employer if employment believed to be not connected with this State 1 276. Payment to employer not required 1 Division 8 — Insurer and self‑insurer insolvency 277. Terms used 1 278. Claims against WorkCover WA for insolvent insurer and self‑insurer liabilities 1 279. Payment of claims 1 280. Recovery by WorkCover WA of payment made in satisfaction of claims 1 281. Control of powers of liquidator of insurer or self‑insurer 1 282. Payment into DI Fund of money recovered by liquidator 1 283. Liquidator to notify WorkCover WA of dissolution of insurer or self‑insurer 1 284. WorkCover WA may accept final payment from liquidator 1 Division 9 — Acts of terrorism 285. Terms used 1 286. Division does not apply to public authority covered by Insurance Commission 1 287. Term used: act of terrorism 1 288. Declaration of act of terrorism 1 289. Exclusion of declared act of terrorism from insurance 1 290. Claims for compensation in respect of declared act of terrorism 1 291. Limits on claims for declared acts of terrorism 1 292. WorkCover WA's rights of indemnity and subrogation 1 Division 10 — Special provisions for waterfront worker dust diseases if employer unknown 293. Terms used 1 294. Claim for compensation if last relevant employer unknown 1 295. Payment of claim 1 296. Recovery of money paid in satisfaction of claim 1 Division 11 — Contributions to Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Fund 297. Terms used 1 298. Insurance Commission to determine required contributions to CIF 1 299. Calculation of required insurer contributions to CIF 1 300. Requirement for payment of CIF contributions by insurers and self‑insurers 1 301. Transfer from DI Fund to CIF 1 302. Additional insurer contribution for unexpected liabilities 1 Part 6 — Dispute resolution Division 1 — General 303. Terms used 1 304. Exclusive jurisdiction of arbitrators 1 305. Object of this Part 1 306. Relevant documents 1 Division 2 — Conciliation Service and Arbitration Service 307. Establishment of Conciliation Service and Arbitration Service 1 308. Designation and functions of Director and Registrar 1 309. Designation of conciliators and arbitrators 1 310. Delegation by Director or Registrar 1 Division 3 — Conciliation Subdivision 1 — Process for conciliation 311. Application for conciliation 1 312. Requirements for acceptance of application for conciliation 1 313. Director may certify dispute not suitable for conciliation 1 314. Allocation of dispute 1 315. Duties of conciliators 1 316. Scope of conciliation 1 317. Powers of conciliators 1 318. Finalising orders 1 319. Conclusion of conciliation and certificate of outcome 1 Subdivision 2 — Directions for payment of compensation 320. Interim compensation directions 1 321. Amendment, suspension or revocation of interim compensation directions 1 322. Payment by insurer if employer fails to comply with interim compensation direction 1 323. Suspending and reducing income compensation payments 1 Subdivision 3 — General provisions about conciliation directions, orders and agreements 324. Terms used 1 325. General provisions about conciliation decisions 1 326 When conciliation decision or agreement has effect 1 327. Correcting mistakes 1 328. Enforcing conciliation decisions and agreements 1 329. Conciliation decisions not reviewable 1 330. Recovery of compensation paid under conciliator direction 1 Division 4 — Arbitration Subdivision 1 — Determination of disputes by arbitration 331. Application for arbitration 1 332. Requirements for acceptance of application for arbitration 1 333. Registrar to allocate dispute 1 334. Information exchange by parties 1 335. Duties of arbitrators 1 Subdivision 2 — Arbitration practice and procedure 336. General practice and procedure 1 337. Relief or redress granted need not be restricted to claim 1 338. Directions by arbitrator 1 339. Dismissal of proceeding 1 340. Illegal contracts of employment may be treated as valid 1 341. Arbitrator's powers to obtain information 1 342. Use of experts by arbitrators 1 343. Summoning witnesses 1 344. Arbitrator's powers as to witnesses 1 345. Communication between worker and WorkCover WA employee not admissible 1 346. Oaths and affirmations 1 347. Arbitrator may authorise another person to take evidence 1 Subdivision 3 — Arbitrator decisions 348. Decisions generally 1 349. Conditional and ancillary orders and directions 1 350. Form and content of decision and reasons 1 351. Validity of decision not affected by contravention of this Subdivision 1 352. When decision has effect 1 353. Correcting mistakes 1 354. Reconsideration of decision on basis of new information 1 355. Arbitration decision not reviewable 1 356. Enforcing decision 1 357. Publication of decision and reasons 1 Subdivision 4 — Interest 358. Interest on sums to be paid 1 359. Interest on unpaid sums 1 360. Interest on unpaid amount of agreed sum 1 361. Regulations may exclude interest 1 Division 5 — General provisions about conciliation and arbitration procedures 362. Term used: relevant rules 1 363. Functions conferred by this Division 1 364. Provision of information to another party or medical practitioner 1 365. Representation 1 366. Meaning of prohibited person: s. 365(4) 1 367. Litigation guardians 1 368. Interpreters and assistants 1 369. Ways of conducting proceedings 1 370. Proceedings to be in private 1 371. Notice of proceedings and failure to attend 1 372. Abrogation of privilege against self‑incrimination 1 373. Legal professional privilege in relation to medical reports 1 374. Other claims of privilege 1 375. Powers in relation to documents produced 1 376. To whom compensation must be paid 1 377. Payment of compensation to worker under legal disability 1 378. Admissibility of statements made to conciliator 1 379. Statements to arbitrators not admissible in common law proceedings 1 Division 6 — Regulations, rules and practice notes 380. Regulations 1 381. Conciliation rules 1 382. Arbitration rules 1 383. General provisions about rules 1 384. Practice notes 1 Division 7 — Offences 385. Failure to comply with decision of dispute resolution authority 1 386. Failure to comply with summons or requirement to attend 1 387. Failure to give evidence as required 1 388. Giving false or misleading information 1 389. Misbehaviour and other conduct 1 390. Referral of offence to CEO 1 Division 8 — Appeals to District Court 391. Appeal against arbitrator's decision 1 392. Effect of appeal on decision under appeal 1 393. Appeal from District Court to Court of Appeal 1 Division 9 — Costs Subdivision 1 — General 394. Terms used 1 395. Costs to which Division applies 1 396. Division prevails over Legal Profession Uniform Law (WA) 1 Subdivision 2 — Determination, assessment and limitations as to costs 397. Costs to be determined by dispute resolution authority 1 398. Costs unreasonably incurred by representative 1 399. Agent's costs 1 400. Appeal costs 1 401. Regulations for assessment of costs 1 Subdivision 3 — Maximum costs 402. Costs Committee established 1 403. Remuneration and allowances of Costs Committee members 1 404. Constitution and procedure of Costs Committee 1 405. Determinations as to maximum costs 1 406. Making a costs determination 1 407. Approval and publication of costs determinations 1 408. Effect of approved costs determination 1 409. Limit on agreement as to costs 1 410. Costs in relation to actions for damages 1 Part 7 — Common law Division 1 — General 411. Terms used 1 412. References to employer include person for whom employer vicariously liable 1 413. Liability independent of this Act not affected 1 414. Requirements for motor vehicle claims not affected 1 Division 2 — Constraints on common law proceedings and damages: actions against employer 415. Application of Division 1 416. Damages to which this Division does not apply 1 417. Application of Division depends on when cause of action accrues 1 418. Limit on powers of courts to award damages against employer 1 419. No damages for noise‑induced hearing loss 1 420. No damages if compensation settlement agreement registered 1 421. Threshold requirements for commencement of proceedings and award of damages 1 422. Commencement of court proceedings against employer of worker with terminal disease 1 423. Effect of election to retain right to seek damages on entitlement to compensation 1 424. Maximum damages award for less than 25% impairment 1 425. Special provisions for HIV and AIDS 1 426. Special provisions for dust disease damages claims 1 427. Effect of this Division on contribution required from employer 1 428. Limits on agreements as to solicitor‑client costs 1 429. Regulations 1 Division 3 — Prevention of double recovery 430. Application of Division 1 431. Worker to be given opportunity to discontinue action for damages 1 432. Deduction or repayment of compensation if action for damages proceeds to judgment 1 433. Compensation proceedings not permitted if action for damages succeeds 1 Division 4 — Remedies against third parties 434. Worker entitled to proceed against third party for damages 1 435. Employer's right to be indemnified by third party 1 436. Recovery of third party indemnity payment from worker 1 437. Employer's right to recover unpaid damages from third party 1 Division 5 — Choice of law 438. Terms used 1 439. Extended meaning: injury, employer and worker 1 440. Applicable substantive law for work injury claims 1 441. Claims to which Division applies 1 442. Claim in respect of death included 1 443. Availability of action in another State not relevant 1 Part 8 — Administration Division 1 — General 444. Terms used 1 Division 2 — WorkCover WA 445. WorkCover WA established 1 446. Status 1 447. Objective 1 448. Functions 1 449. Powers generally 1 450. Delegation 1 451. Execution of documents 1 Division 3 — Administration of WorkCover WA Subdivision 1 — The Board 452. Board is governing body 1 453. Board membership 1 454. Term of office of appointed members 1 455. Casual vacancies, resignation and removal from office 1 456. Extension of term of office during vacancy 1 457. Leave of absence 1 458. Alternate appointed members 1 459. Remuneration and allowances of appointed members 1 Subdivision 2 — Meetings 460. Meetings 1 461. Quorum 1 462. Presiding member 1 463. Procedure at meetings 1 464. Voting 1 465. Holding meetings remotely 1 466. Decision without meeting 1 467. Minutes 1 Subdivision 3 — Committees 468. Committees 1 469. Directions to committee 1 470. Committee procedures 1 471. Remuneration and allowances of committee members 1 Subdivision 4 — Disclosure of interests 472. Disclosure of material personal interest 1 473. Interested member cannot participate 1 474. Board may resolve s. 473 is inapplicable 1 475. Quorum if s. 473 applies 1 476. Minister may declare s. 473 and 475 inapplicable 1 Division 4 — Staff of WorkCover WA 477. Chief executive officer 1 478. Delegation by CEO 1 479. Other staff 1 480. Use of other government staff 1 Division 5 — Ministerial directions 481. Minister may give directions 1 482. Protection for disclosure or compliance with directions 1 Part 9 — Financial provisions Division 1 — General provisions 483. Application of Financial Management Act 2006 and Auditor General Act 2006 1 484. Borrowing powers 1 485. Guarantee by Treasurer 1 486. Effect of guarantee 1 Division 2 — General Account 487. Terms used 1 488. WorkCover WA General Account established 1 489. Estimate of funds needed for General Account 1 490. Calculation of estimate 1 491. Required contributions by insurers and self‑insurers to General Account 1 492. Arrangements for payment of contributions 1 493. Provision of information by licensed insurers and self‑insurers 1 Division 3 — Trust account 494. WorkCover WA Trust Account established 1 495. Investment of money standing to credit of Trust Account 1 Part 10 — Management and disclosure of information Division 1 — Approved forms and electronic processes 496. Approved forms 1 497. Service, documents and information, including facilitation of electronic processes 1 Division 2 — Disclosure of information 498. Minister to have access to information 1 499. Information held by Conciliation Service or Arbitration Service 1 500. Licensed insurers and self‑insurers must provide information to WorkCover WA 1 501. Direction to provide WorkCover WA with information 1 502. Disclosure of information to work health and safety officers 1 503. WorkCover WA may disclose information 1 504. Confidentiality 1 505. Authorised use or disclosure of information 1 506. Disclosure of claim information for pre‑employment screening 1 Part 11 — Regulation and enforcement Division 1 — General 507. Term used: compliance purposes 1 Division 2 — Inspectors 508. Inspectors 1 509. Identification of inspectors 1 Division 3 — Inspections and investigations 510. Compliance inspections 1 511. Entry powers 1 512. General powers on entry 1 513. Persons assisting inspectors 1 Division 4 — Powers relating to documents and information 514. Power to require auditor's certificate 1 515. Power to require documents and answers to questions 1 516. Abrogation of privilege against self‑incrimination 1 517. Power to copy and retain documents 1 Division 5 — Contravention of Act 518. Who can prosecute offences 1 519. Time limit for prosecutions 1 520. Application of fines 1 521. Offences under Acts about work health and safety not affected 1 522. Infringement notices and the Criminal Procedure Act 2004 1 Division 6 — Offences 523. Hindering or obstructing inspector 1 524. Using name WorkCover WA 1 525. False or misleading information 1 526. Fraud 1 527. Preventing another person from complying with Act 1 Part 12 — State with which employment connected 528. Terms used 1 529. Connection of employment with a State 1 530. Determining if employment is connected with this State 1 531. Applying to District Court to determine connection 1 532. Recognition of previous determination by court 1 Part 13 — Miscellaneous 533. Judicial notice 1 534. Protection from liability for performance of functions 1 535. Protection and immunity of conciliators, arbitrators and persons involved in proceedings 1 536. Protection for compliance with this Act 1 537. Protection from liability for publishing decision 1 538. General maximum and other adjustable amounts 1 539. Regulations 1 540. Regulations may adopt codes or legislation 1 541. Review of Act 1 Part 14 — Savings and transitional provisions Division 1 — General 542. Terms used 1 543. Expressions used in former Act 1 544. Transitional regulations 1 545. Interpretation Act 1984 not affected 1 546. Act operates as continuation of former Act 1 547. References to former Act 1 548. Directions about corresponding provisions and pending matters 1 549. Effect of Act on validity of past acts 1 550. Application of Act to existing injuries and other matters 1 551. Pending claims under former Act 1 552. Pending matters exclusion of injury: reasonable administrative action 1 553. Firefighters 1 554. Jockeys 1 Division 2 — Compensation 555. Continuation of entitlement to compensation 1 556. Calculation of income compensation commenced as weekly payments under former Act 1 557. Caps on compensation 1 558. Compensation paid or payable under former Act 1 559. Provisional payments of compensation 1 560. Vocational rehabilitation compensation 1 561. Lump sum compensation for permanent impairment 1 562. Noise‑induced hearing loss 1 563. Compensation for death of worker before 1 July 2018 1 564. When entitlement to income compensation ceases due to age 1 565. Compensation for AIDS 1 566. Updating of general maximum amount 1 Division 3 — Injury management 567. Return to work programs established under s. 155C of former Act 1 568. Employer's obligation to make position or suitable duties available 1 569. Approved workplace rehabilitation providers 1 570. Vocational rehabilitation 1 Division 4 — Dispute resolution 571. Terms used 1 572. Disputes to which Act applies 1 573. Continuity of conciliation and arbitration services 1 574. Conciliation rules, arbitration rules and practice notes 1 575. Pending dispute proceedings 1 576. Transitional directions 1 577. Dispute decisions under former Act 1 578. Registration of independent agents 1 579. Costs determination 1 Division 5 — Medical assessment 580. Approved permanent impairment assessors 1 581. Medical assessments under former Act 1 Division 6 — Insurer and self‑insurer insolvency and uninsured liabilities 582. Claims for uninsured liabilities 1 583. Amounts payable from DI Fund for uninsured liabilities 1 584. Insurer and self‑insurer insolvency 1 585. EIS Fund 1 586. Claims under EISF Act 1 Division 7 — Settlement agreements 587. Settlement agreements under former Act 1 Division 8 — Common law damages proceedings 588. Terms used 1 589. Application of new common law provisions to existing claims 1 590. Transitional arrangements for application of new common law provisions to existing claims 1 591. Continuation of 1993 Scheme 1 592. Dust disease actions accruing before 14 November 2005 1 Division 9 — Insurance 593. Insurance policies under former Act 1 594. Failure to insure under former Act 1 595. Underpaid premiums 1 596. Operation of policies issued by Insurance Commission 1 597. Licensed insurers 1 598. Self‑insurers 1 599. Recommended premium rates 1 600. Appeals by employers 1 601. Permission for insurer to exceed 75% premium loading 1 602. Acts of terrorism 1 Division 10 — Administration 603. Term used: WorkCover Western Australia Authority 1 604. Continuation of WorkCover Western Australia Authority 1 605. Board is continuation of governing body 1 606. Exercise of powers of Board before commencement day 1 607. Continuation of accounts 1 608. Chief executive officer 1 609. Exercise of powers of CEO before commencement day 1 610. Other staff 1 611. Inspectors 1 612. Delegations 1 613. Guarantees of borrowings 1 614. General Account 1 Part 15 — Repeals and consequential and related amendments Division 1 — Acts repealed 615. Workers' Compensation and Injury Management Act 1981 repealed 1 616. Workers' Compensation and Injury Management (Acts of Terrorism) Act 2001 repealed 1 617. Employers Indemnity Policies (Premium Rates) Act 1990 repealed 1 618. Employers' Indemnity Supplementation Fund Act 1980 repealed 1 619. Waterfront Workers (Compensation for Asbestos Related Diseases) Act 1986 repealed 1 Division 2 — Subsidiary legislation repealed 620. Workers' Compensation and Injury Management Regulations 1982 repealed 1 621. Workers' Compensation and Injury Management (Scales of Fees) Regulations 1998 repealed 1 622. Workers' Compensation Code of Practice (Injury Management) 2005 repealed 1 623. Workers' Compensation and Injury Management (Acts of Terrorism) (Final Day) Regulations 2002 repealed 1 Division 3 — Acts amended Subdivision 1 — Civil Liability Act 2002 amended 624. Act amended 1 625. Section 3A amended 1 626. Section 13A replaced 1 13A. Restrictions on damages if payments received under CISS 1 Subdivision 2 — Financial Management Act 2006 amended 627. Act amended 1 628. Schedule 1 amended 1 Subdivision 3 — Fire and Emergency Services Act 1998 amended 629. Act amended 1 630. Section 36ZM amended 1 631. Section 36ZN replaced 1 36ZN. When firefighter disease taken to be injury caused while engaged in volunteer activities 1 632. Section 36ZR amended 1 633. Section 36ZS amended 1 634. Section 36ZT amended 1 635. Section 36ZU amended 1 636. Section 36ZW amended 1 637. Section 36ZX replaced 1 36ZX. Firefighter disease disputes 1 638. Other references to WC&IM Act replaced 1 Subdivision 4 — Health Services Act 2016 amended 639. Act amended 1 640. Section 228 amended 1 Subdivision 5 — Insurance Commission of Western Australia Act 1986 amended 641. Act amended 1 642. Section 6 amended 1 643. Section 7 amended 1 644. Section 15 amended 1 645. Section 16 amended 1 646. Section 18 amended 1 647. Section 44 deleted 1 648. Section 49 inserted 1 49. Transitional 1 Subdivision 6 — Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 amended 649. Act amended 1 650. Section 6 amended 1 Subdivision 7 — Law Reporting Act 1981 amended 651. Act amended 1 652. Section 2 amended 1 Subdivision 8 — Legal Profession Uniform Law Application Act 2022 amended 653. Act amended 1 654. Section 134 amended 1 Subdivision 9 — Limitation Act 2005 amended 655. Act amended 1 656. Section 55 amended 1 657. Section 56 amended 1 658. Section 57 amended 1 Subdivision 10 — Local Government Act 1995 amended 659. Act amended 1 660. Section 5.49 replaced 1 5.49. Workers compensation insurance 1 Subdivision 11 — Motor Vehicle (Catastrophic Injuries) Act 2016 amended 661. Act amended 1 662. Long title amended 1 663. Section 1 amended 1 664. Section 3 amended 1 665. Section 5A inserted 1 5A. Workplace injury to which Act applies 1 666. Section 8 amended 1 667. Section 9 amended 1 668. Section 13 amended 1 669. Section 14 amended 1 670. Section 15 amended 1 671. Section 18 amended 1 672. Section 19 amended 1 673. Section 22 deleted 1 674. Section 24 amended 1 675. Section 27 amended 1 676. Section 30A inserted 1 30A. Notification and disclosure of information about injured worker 1 677. Section 31 replaced 1 31. False or misleading information 1 Subdivision 12 — Motor Vehicle (Third Party Insurance) Act 1943 amended 678. Act amended 1 679. Section 3 amended 1 680. Section 3C amended 1 681. Section 3EA amended 1 682. Section 3FB amended 1 683. Section 3G amended 1 684. Section 3T amended 1 685. Section 6A amended 1 Subdivision 13 — Police Act 1892 amended 686. Act amended 1 687. Section 33ZS amended 1 688. Section 33ZW amended 1 689. Section 33ZX amended 1 690. Section 33ZY amended 1 691. Section 33ZZI amended 1 Subdivision 14 — Police (Medical and Other Expenses for Former Officers) Act 2008 amended 692. Act amended 1 693. Section 3 amended 1 694. Section 5 amended 1 695. Section 7 amended 1 696. Section 8 replaced 1 8. Time limits under WCIM Act do not apply 1 697. Section 9 amended 1 698. Section 14 amended 1 Subdivision 15 — Public Sector Management Act 1994 amended 699. Act amended 1 700. Schedule 2 amended 1 Subdivision 16 — Sentencing Act 1995 amended 701. Act amended 1 702. Schedule 1 amended 1 Subdivision 17 — State Superannuation (Transitional and Consequential Provisions) Act 2000 amended 703. Act amended 1 704. Section 74 deleted 1 Subdivision 19 — Workers' Compensation and Injury Management Amendment Act 2011 amended 707. Act amended 1 708. Section 123 amended 1 Subdivision 20 — Other Acts amended 709. References to Workers' Compensation and Injury Management Act 1981 amended 1 Part 16 — Validation 710. Terms used 1 711. Validated elections 1 712. Election considered in Neville v Choice One Pty Ltd 1 713. Court proceedings struck out, stayed or dismissed before validation day 1 714. Court proceedings discontinued before validation day 1 715. Second election made under Part 7 of this Act 1 716. No right of recovery for compensation paid 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Workers Compensation and Injury Management Act 2023 An Act — ● to provide for employers to be liable to compensate workers who suffer injuries from employment; and ● to establish a scheme for compulsory insurance against that liability; and ● to provide for the management of those injuries; and ● to provide for the resolution of disputes; and ● to make administrative and other related provisions; and ● to make consequential and related amendments to, and repeals of, various written laws.