The Workers Compensation and Injury Management Bill 2023 is a complete rewrite of the Western Australian workers compensation legislation. Modernising WA’s Workers Compensation Laws via the new Act is the culmination of an extensive review and consultation process. The commencement date for the new Act is 1 July 2024.
From 1 July 2024, key changes for the Western Australia Workers Compensation and Injury Management Act 2023 commence.
With the 1 July commencement date fast approaching, it’s critical that employers, health providers and service providers are across these changes for a seamless transition and implementation.
Overview of the changes
The modern Act is a full rewrite of the current legislation, clarifying its scope, decision timelines, entitlements, and claim closure processes.
- Ensure the Act adapts to evolving work models and digital communication in a changing economy.
- Increase entitlements where appropriate, including doubling the medical and health-capped expenses and extending the duration of wages before stepping down. Also, covering workers catastrophically injured under the uniform Catastrophic Injuries Support Scheme administered by ICWA.
- Improve cohesion and readability, recognising the confusing nature of the current (1981) Act following haphazard amendments.
What are the key changes?
Below is a summary highlighting key changes and updates for your attention. You can also download a full copy of the WCIM Regulations 2024, supporting the Principal WCIM Act 2023, via the WorkCover WA website:
Amendment to exclusion for stress-related claims
- Exclusion of injury: psychological or psychiatric disorders that result from ‘reasonable management action’
- This exclusion will apply to reasonable administrative action taken by an employer for formal disciplinary actions (current Act) as well as appraisal of a worker’s performance in the lead-up to formal discipline
- The psychological or psychiatric injury must still wholly or predominantly relate to the administrative action and the action cannot be unreasonable or harsh on the part of the employer
Claiming compensation
- Prohibits an employer from asking about previous claim
- No witness signature required
- A worker’s employer (or insurer or agent) cannot be present when a worker is being physically or clinically examined or treated by the worker’s treating medical practitioner
Note: Remains the case that a claim must be made within 12 months
Responding to a claim for compensation
- Must issue a liability notice within 14 days
- Deferred decision notice is to be issued within 14 days
- Provisional payments are to be made within 28 days of receiving the claim and issuing a deferred decision notice, unless a liability notice has been issued in the interim
- Deemed liability acceptance day = 120 days from receipt of claim
Income compensation entitlement
- Income compensation payments to be calculated over a 12-month period
- A step down to 85% of the worker’s pre-injury weekly rate of income will apply after 26 weeks of payments
Note: Increase in base rate to be taken into account
Injury management and return to work
- No changes to requirements under the new Act re-establishing an injury management system or to develop a RTW programme;
- Case conference:
- employer/insurer able to attend
- ability to require worker’s attendance every four weeks
- Employer’s obligations:
- similar to old provision – role to be available for 12 months
Reducing or discontinuing payments
- Provisional medical and health expenses are payable from the date of injury, with provisional compensation from the day of incapacity
- Reduction based on earnings or what the worker is able to earn in suitable employment
- Rate of pay – drop down increased from 13 weeks to 26 weeks
Common Law
- Under the revised legislation, filing a writ or effecting settlement is contingent upon registration of the impairment assessment and election.
- [Key Change] worker must have a WPI of 15% to settle under section 92(f)
- New provisions for conditions that have not stabilized 18 months post-injury
- There will be special provisions for dust disease claims
Settlement
- Notably, parties may proceed with settlement discussions and registration at any time.
- Prescribed form of settlement agreement for all statutory settlements
- Settlement sums must be paid within 14 days
Treatment choices
- Codifying worker’s right to choose their own medical and allied health practitioners
- As a measure to protect examinee privacy
Questions / Support?
We are here to help! For any inquiries, we encourage you to contact us directly.
To learn more, please refer to the WorkCover WA website.
- Download a copy of the Workers Compensation and Injury Management Act 2023.
- Download a copy of the key instrument supporting the new Act, the Workers Compensation and Injury Management Regulations 2024.
- Access a suite of information and key administrative instruments assisting the new Act.