Legislative Review

The current Workers’ Compensation and Injury Management Act 1981 (the Act) is a complex statute that has been amended a number of times.

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.

Second stage of the review

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.

The progress of these steps is outlined below.

Discussion paper
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 final report
On 26 June 2014 the Hon Michael Mischin MLC, Attorney General; Minister for Commerce, tabled in Parliament WorkCover WA’s:

Recommendations

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.
Draft bill

The WA Government has approved the drafting of a bill to repeal and replace the Workers’ Compensation and Injury Management Act 1981.

Since launching a discussion paper last year the legislative review has progressed with WorkCover WA’s final report setting out a comprehensive framework for the new statute.

There were 66 written submissions on the discussion paper and a further 28 on the final report. This input, together with the many meetings and workshops with WorkCover WA, has helped to finalise recommendations and fine tune the drafting instructions for the new statute.

While the timing of the drafting process is yet to be determined the Government is committed to a consultative approach on the legislative review and intends to release a draft of the bill for public comment before it is introduced into Parliament.

For further information please contact: Kevin Gillingham, Manager Policy and Legislative Services 9388 5640.

Page last updated: 27 November 2014 at 2:13 pm

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