WorkCover WA administers a number of related workers’ compensation and injury management legislation and rules. We are actively involved in reviewing key legislation and initiating legislative reform where required.
This section includes information on recent legislation amendments and key legislative reviews.Legislation & rules
This section includes comparative information on national workers’ compensation arrangements.
Go to Legislation and rules.
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Workers’ Compensation and Injury Management Amendment Bill 2017
The Workers’ Compensation and Injury Management Amendment Bill 2017 was introduced into the Legislative Assembly on 1 November 2017.
Click here for information on the Bill and relevant links to the parliamentary documents.
The Workers’ Compensation and Injury Management Act 1981 currently provides entitlements for dependants of deceased workers but the entitlement levels are inadequate and the legislative arrangements are complex.
The Bill will ensure dependent family members of workers who die in work related accidents receive fair, reasonable and timely compensation. Key changes include:
Increase in lump sum
- Significant increase in the lump sum payable to dependants from $308,339 to $562,303 (indexed annually).
Clear apportionment rules
- The lump sum entitlement will be payable to dependant partners and children with the apportionment between them set in statute. Unlike current arrangements, dependent children will also receive a share of the lump sum in addition to the weekly child’s allowance.
Removal of rules about ‘partial dependency’
- No longer will partners of deceased workers be required to prove their exact financial level of dependency or have their entitlement significantly reduced because they happen to receive a modest income themselves.
Increase in child’s allowance
- Significant increase in the weekly child’s allowance from $58.90 per week to $133 per week for each dependent child (indexed annually).
Fair treatment of de facto partners
- Equalisation of access for de facto partners. Under the current legislation any de facto partner must have been living with the deceased worker for at least two years immediately prior to death in order to qualify for compensation. A de facto partner will have the meaning given in the Interpretation Act 1984 which is adopted in most statutes in Western Australia. The arbitrary two year period will no longer apply.
Clear claims process
- Greater clarity and support for claimants seeking compensation. Workers’ compensation insurers and self insurers will be expected to assess claims quickly and a fast track process to a WorkCover WA arbitrator will ensure orders for compensation are expedited.
Please contact Kevin Gillingham, Manager Policy & Legislative Services on 9388 5640 or Kevin.Gillingham@workcover.wa.gov.au if you have any further queries regarding the Bill.
A list of Standard Orders to assist parties with formulating consent orders in appropriate circumstances can be found here.