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This is a Bill, not an Act. For current law, see the Acts databases.


WORKERS' COMPENSATION AND REHABILITATION (ACTS OF TERRORISM) BILL 2001

                      Western Australia


Workers' Compensation and Rehabilitation
      (Acts of Terrorism) Bill 2001

                         CONTENTS


1.   Short title                                            1
2.   Commencement                                           2
3.   Meanings of expressions used in this Act               2
4.   Permitting exclusion of cover for acts of terrorism    3
5.   Condition that insurer agrees to contribute            3
6.   Employer's obligation to insure                        3
7.   Self-insurer to agree to contribute                    3
8.   Participating employer's liability to worker may be
     reduced                                                4
9.   Indemnity for liability attributable to terrorism      5




                                                           page i
                           90--2
                           Western Australia


                      LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)



     Workers' Compensation and Rehabilitation
           (Acts of Terrorism) Bill 2001


                               A Bill for


An Act to make provision about the liability of an employer to pay
compensation under the Workers' Compensation and Rehabilitation
Act 1981 to a worker as a result of an act of terrorism.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Workers' Compensation and
        Rehabilitation (Acts of Terrorism) Act 2001.




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     Workers' Compensation and Rehabilitation (Acts of Terrorism) Bill 2001



     s. 2




     2.         Commencement
                This Act comes into operation on the day on which it receives
                the Royal Assent.

     3.         Meanings of expressions used in this Act
 5        (1)   In this Act, unless the contrary intention appears --
                "actuary" means a Fellow of the Institute of Actuaries of
                     Australia or any other person of whose actuarial knowledge
                     and experience the Governor approves;
                "final day" means --
10                   (a) 31 December 2003, unless an earlier day is fixed
                           under paragraph (b); or
                     (b) a day earlier than 31 December 2003 that the
                           Minister, by order published in the Gazette, fixes as
                           the final day;
15              "Insurance Commission" means the body continued as the
                     Insurance Commission of Western Australia under the
                     Insurance Commission of Western Australia Act 1986;
                "liability" means liability of an employer to pay compensation
                     under the Workers' Compensation and Rehabilitation
20                   Act 1981 to a worker;
                "participating employer" means an employer --
                     (a) holding a policy of insurance that contains an
                           exclusion of liability as permitted under section 4; or
                     (b) entitled by an agreement under section 7 to make
25                         claims in accordance with section 9.
          (2)   Any other expression in this Act that is given a particular
                meaning by the Workers' Compensation and Rehabilitation
                Act 1981 has the same meaning in this Act unless the contrary
                intention appears.



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          Workers' Compensation and Rehabilitation (Acts of Terrorism) Bill 2001



                                                                                   s. 4



     4.         Permitting exclusion of cover for acts of terrorism
          (1)   The Commission may give an approved insurance office
                permission in writing to exclude certain liability from the
                liability for which it insures employers but the exclusion of
 5              liability attributable to an act occurring after the final day is not
                permitted.
          (2)   Before permitting the exclusion of liability, the Commission has
                to be satisfied that it would be reasonable to characterise the
                liability as being attributable to an act of terrorism.
10        (3)   The Workers' Compensation and Rehabilitation Act 1981 does
                not require the approved insurance office to insure an employer
                for liability to the extent that it is permitted under this section to
                be excluded.

     5.         Condition that insurer agrees to contribute
15              The permission may be given on condition that, before the
                exclusion of liability is permitted, the approved insurance office
                enter into an agreement in writing with the Commission as to
                contributions that the approved insurance office will make to the
                Employers' Indemnity Supplementation Fund established under
20              the Employers' Indemnity Supplementation Fund Act 1980
                section 5(1) towards the cost of satisfying claims made by
                employers in accordance with section 9.

     6.         Employer's obligation to insure
                The Workers' Compensation and Rehabilitation Act 1981
25              section 160 does not require an employer who holds a policy of
                insurance that contains an exclusion of liability as permitted
                under section 4 to insure for liability to the extent that it is
                excluded as permitted under section 4.

     7.         Self-insurer to agree to contribute
30        (1)   It is a condition of a self-insurer's exemption under the
                Workers' Compensation and Rehabilitation Act 1981

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     Workers' Compensation and Rehabilitation (Acts of Terrorism) Bill 2001



     s. 8



                section 164 that, if requested by the Commission to do so, the
                self-insurer enter into an agreement in writing with the
                Commission --
                  (a) entitling the self-insurer to make claims in accordance
 5                      with section 9; and
                  (b) providing for contributions that the self-insurer will
                        make to the Employers' Indemnity Supplementation
                        Fund established under the Employers' Indemnity
                        Supplementation Fund Act 1980 section 5(1) towards
10                      the cost of satisfying claims made by employers in
                        accordance with section 9.
          (2)   Contravention of a condition under this section is to be treated,
                for the purposes of the Workers' Compensation and
                Rehabilitation Act 1981, as a contravention of a requirement
15              under that Act.

     8.         Participating employer's liability to worker may be reduced
          (1)   If in the circumstances it is appropriate to do so, the Minister
                may, by order published in the Gazette --
                   (a) state that the Minister believes that an act of terrorism
20                       has occurred, identifying the act sufficiently to enable a
                         person to know that the person's claim might be affected
                         by the order;
                  (b) specify the day on which the act of terrorism is to be
                         treated, for the purposes of this Act, as having occurred;
25                       and
                   (c) state that, despite anything in the Workers'
                         Compensation and Rehabilitation Act 1981, a claim for
                         compensation for a disability attributable to the act
                         identified in paragraph (a) is barred unless it is made
30                       within a period of 90 days after the day on which the act
                         of terrorism occurred.
          (2)   The day specified under subsection (1)(b) cannot be after the
                final day.

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                                                                                s. 9



          (3)   As soon as practicable after the period of 90 days under
                subsection (1)(c) elapses, the Commission is required to
                determine, on the advice of an actuary --
                  (a) the total amount that would, if subsection (4) did not
 5                     apply, be expected to be payable by all participating
                       employers in respect of their liability for all workers that
                       is attributable to the act specified in the order; and
                  (b) if that amount exceeds $25 million, the reduction factor
                       by which that amount would need to be multiplied to
10                     limit it to $25 million.
          (4)   If the Commission determines a reduction factor, an amount that
                a participating employer would, if this subsection did not apply,
                be required to pay in satisfaction of any liability attributable to
                the act specified in the order is reduced by multiplying the
15              amount by the reduction factor.

     9.         Indemnity for liability attributable to terrorism
          (1)   To the extent that a participating employer's liability to a
                worker is attributable to an act of terrorism that occurs during
                the period commencing on 1 January 2002 and ending on the
20              final day, the employer may make a claim against the Insurance
                Commission for payment or reimbursement, as the case
                requires, of any claim arising from that liability.
          (2)   The claim is to be dealt with as a claim under the Employers'
                Indemnity Supplementation Fund Act 1980 and, as far as
25              possible, that Act applies accordingly.
          (3)   For the purposes of this section --
                 (a) if the participating employer holds a policy of insurance
                        and the employer's liability to the worker is to any
                        extent excluded from the policy by an exclusion
30                      permitted under section 4, the extent to which the
                        employer's liability is attributable to an act of terrorism
                        is to be regarded as being the same as the extent to


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    s. 9



                    which the employer's liability is excluded as permitted
                    under section 4;
              (b)   if the participating employer is a self-insurer, the extent
                    to which the employer's liability is attributable to an act
5                   of terrorism is to be determined by the Commission
                    consistently with the principles it applies when deciding
                    whether or not to give permission under section 4.




 


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