The fourth aim of the legislative review process is to address certain specific policy issues through the preparation of Issues Paper/s.

WorkCover WA will produce paper/s on those matters, taking an evidence-based approach to developing the policy options for further consideration. The papers to be produced are set out below:

The Workers’ Compensation and Injury Management Act 1981 limits weekly entitlements available to injured workers over the age of 64 years.

The Minister for Commerce has asked WorkCover WA to examine the matter in greater detail and to report on the policy options available to either amend or remove the age restrictions.

The WorkCover WA General Account provides a ‘safety net’ for an injured worker whose employer is uninsured. The safety net is limited to entitlements for statutory compensation and does not cover common law damages.

If certain provisions are met, an injured worker whose employer is uninsured may be able to sue the employer at common law. However if the employer has no capacity to meet damages payments awarded by the Court, the General Account will not provide funds to the injured worker.

This paper will consider the policy issues associated with allowing injured workers access to the General Account in such circumstances.

A variety of proposals have been raised regarding WorkCover WA’s role in regulating the workers’ compensation scheme through monitoring, education and enforcement activities.

This paper will consider the future role of WorkCover WA with regard to its regulatory functions.

A variety of issues have been raised regarding ambiguities in the way workers’ compensation insurance premiums are calculated. These include:

• Treatment of superannuation in the calculation of workers’ compensation insurance premiums; and
• Section 175 premiums payable in the contract chain.

Some of these matters may require legislative clarification or guidance notes. This paper will examine the issues raised and develop appropriate policy options to resolve them.

Effective operation of the medical assessment regimes contained in the Workers’ Compensation and Injury Management Act 1981 is fundamental to the health and balance of the Western Australian workers’ compensation scheme.

The Workers’ Compensation and Injury Management Act 1981 establishes medical panels including:

· The Specified Industrial Diseases Panel;

· The Specialised Retraining Assessment Panel;

· The Approved Medical Specialist panel; and

· The Medical Assessment Panel

The Act also provides for WorkCover WA to designate Approved Medical Specialists (AMS’s) and to monitor assessments for compliance and consistency with the Act.

This paper will examine the efficacy of the existing administrative, regulatory, monitoring and review capacity of WorkCover WA in relation to AMS’s and the medical assessment processes. This will not include the impairment assessment regime, but will address matters such as AMS appointment processes and ongoing training requirements.

The Dispute Resolution Directorate (DRD) was established consequent to the 2005 legislative reforms. Feedback provided on these reforms via an early evaluation report (2007) indicated a number of specific areas of concern.

Many of these concerns have subsequently been addressed through DRD’s processes of continuous improvement, including the current Rules Review undertaken by the Workers’ Compensation Commissioner.

This paper will examine any further areas for development and improvement.