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Legislative Amendment and Review

Legislative Review 2014

Background

The current Workers’ Compensation and Injury Management Act 1981 (the Act) has been amended a number of times and is difficult to understand and apply. 

In 2010 the Government approved a two stage review of the Act. Stage one of the review has been completed with the passage of amendments to the Act in 2011.

The second stage of the review is underway and covers:

  1. outstanding recommendations from the 2009 Legislative Review;
  2. identified technical and process issues with the current Act;
  3. a complete redraft of the Act with the objectives of introducing plain language and contemporary drafting conventions.

In October 2013 WorkCover WA released a discussion paper outlining proposals to redraft the Act as a basis for consultation with stakeholders.  The consultation period for submissions closed on 7 February 2014.  WorkCover WA received 66 submissions.

Public release of the Review of the Workers’ Compensation and Injury Management Act 1981: Final Report

On 26 June 2014 the Hon Michael Mischin MLC, Attorney General; Minister for Commerce, tabled in Parliament WorkCover WA’s Review of the Workers’ Compensation and Injury Management Act 1981: Final Report. 

The final report recommends the drafting of a new statute and includes 171 specific recommendations for inclusion in a new statute.

WorkCover WA has undertaken a consultative approach in the legislative review process and finalisation of recommendations which has involved:

  • meetings and workshops with stakeholders;
  • detailed consideration of all 66 written submissions;
  • approval by the WorkCover WA Board.

Consultation period and draft bill

The Government will consider the drafting of a bill to implement the recommendations following a short period of consultation with stakeholders, which will inform the development of drafting instructions.

Given the level of consultation already undertaken, the period for feedback on WorkCover WA’s final report will close on 31 July 2014. Feedback on the review recommendations should be directed to WorkCover WA via
corporatecommunications@workcover.wa.gov.au

The Government will also release an exposure draft of any new bill for public comment before it is introduced to Parliament.

Contact: Kevin Gillingham, Manager Policy and Legislative Services, (08) 9388 5640

 

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