The Workers’ Compensation and Injury Management Amendment Regulations (No. 2) 2014 have been published in the Government Gazette. The amended regulations expand the number of offences against the Workers’ Compensation and Injury Management Act 1981 (the Act) that WorkCover WA can address using infringement notices and modified penalties as an enforcement option.
The amended regulations are most likely to affect employers who do not hold a current workers’ compensation policy. A failure to keep a current policy (s170(1)) and contravening a requirement made by an inspector (s175(D)(1)(b)) are among those added as prescribed offences. The modified penalties are set at $400 per worker, and $500, respectively.
Previously employers could only be prosecuted for these offences. The alternative enforcement option allows WorkCover WA to assess the severity of the offence using an Enforcement Criteria Checklist. Where it is considered appropriate, Senior Compliance Officers are authorised to issue an infringement notice as an alternative to prosecution action and a potential criminal conviction.
Infringements will be issued in person or by post. The infringement provides 28 days to make payment by bank transfer, cheque/money order or credit card.
Payment of an infringement notice prevents the commencement of formal prosecution action, and is not regarded as an admission for the purposes of any proceedings.
For further information see Workers’ Compensation and Injury Management Amendment Regulations (No. 2) 2014 (PDF – 341KB).