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.
Go to Legislative Review.
The Workers’ Compensation and Injury Management Amendment Act 2018 ensures 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.
Clear apportionment rules
The lump sum entitlement is payable to dependent partners and children with the apportionment between them set in statute. Unlike previous arrangements, dependent children receive a share of the lump sum in addition to the weekly child’s allowance.
Removal of rules about ‘partial dependency’
Partners of deceased workers are no longer 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 for each dependent child (indexed annually).
Fair treatment of de facto partners
Equalisation of access for de facto partners. Under the previous legislative arrangements 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 now has the meaning given in the Interpretation Act 1984 which is adopted in most statutes in Western Australia. The arbitrary two year period no longer applies.
Clear claims process
Greater clarity and support for claimants seeking compensation. Workers’ compensation insurers and self insurers will assess claims quickly and a fast track process to a WorkCover WA arbitrator will ensure orders for compensation are expedited.
Practice Notes are a common regulatory tool used in most courts and tribunals. They are a less formal, directive instrument used to regulate practice and procedure. Practice Notes are typically descriptive procedural documents relating to a specific issue.
Section 294 of the Act authorises the Registrar, Arbitration to issue Practice Notes about the practice and procedure of arbitrators. The purpose of issuing Practice Notes is to improve the efficiency, consistency and functioning of the Service.
- The Workers’ Compensation and Injury Management Arbitration Amendment Rules 2020
- Consent orders seeking adjournment or re-listing of hearings
- Correspondence with the Arbitration Service
- Interlocutory applications, procedures and consultation
- Lodgement of video surveillance footage
A list of Standard Orders to assist parties with formulating consent orders in appropriate circumstances can be found here.