The Workers Compensation and Injury Management Act 2023 is the culmination of an extensive consultation process with key stakeholder groups and the Western Australian public.

The Act, Regulations, administrative instruments and other supporting infrastructure took effect on 1 July 2024.

Archived implementation consultation papers and information can be found below.

Please contact WorkCover WA’ s Policy and Legislation team via email consultation@workcover.wa.gov.au for any further information.

Archived - Workers Compensation and Injury Management Act 2023 Implementation
Implementation consultation papers

The following are links to a consultation guide, indicative structure of the proposed regulations and 27 consultation papers covering all key proposals for regulations and WorkCover WA administrative instruments supporting the new Act.

Consultation Guide to implementation proposals for regulations and administrative instruments

Regulations – Indicative structure

  1. Implementation Consultation – Deemed Workers & Excluded Workers
  2. Implementation Consultation – Presumptive Diseases
  3. Implementation Consultation – Workers Compensation Claim Form
  4. Implementation Consultation – Certificates of Capacity
  5. Implementation Consultation – Liability Decisions & Provisional Payments
  6. Implementation Consultation – Injury Management & Return to Work
  7. Implementation Consultation – Assessment of Permanent Impairment
  8. Implementation Consultation – Approval Framework for Permanent Impairment Assessors
  9. Implementation Consultation – Medical and Health Expenses Compensation
  10. Implementation Consultation – Dust Disease
  11. Implementation Consultation – Settlements
  12. Implementation Consultation – Workplace Rehabilitation Services
  13. Implementation Consultation – Approval Framework for Workplace Rehabilitation Providers
  14. Implementation Consultation – Licensing Framework for Insurers
  15. Implementation Consultation – Licensing Framework for Self-Insurers
  16. Implementation Consultation – Workers Compensation Insurance Policies
  17. Implementation Consultation – Stopping or Reducing Compensation
  18. Implementation Consultation – Catastrophic Workplace Injuries
  19. Implementation Consultation – Common Law
  20. Implementation Consultation – Noise Induced Hearing Loss
  21. Implementation Consultation – Dispute Resolution
  22. Implementation Consultation – Costs Committee Determination
  23. Implementation Consultation – Registered Independent Agents Transitional Arrangements
  24. Implementation Consultation – Fees Order for Medical Services
  25. Implementation Consultation – Fees Order for Allied Health Services
  26. Implementation Consultation – Fees Order Workplace Rehabilitation Services
  27. Implementation Consultation – Fees Order for Permanent Impairment Assessment Services
Supporting information

The journey towards implementation of the new Act on 1 July 2024 was supported by an ongoing and comprehensive implementation campaign for stakeholders led by WorkCover WA. This will include:

  • information and extensive support materials to raise awareness including:
    • Guides and fact sheets
    • FAQ’s
    • WorkCover WA website changes
  • a stakeholder education program to identify key features and practices for effective implementation of the new Act
  • a period for refining and embedding system change for operational readiness
  • final preparations for effective implementation by training and testing, professional learning.
Implementation Information Sheets

Access our Information Sheets below:

1. 2021 State Election Commitments
2. Definition of a Worker
3. Working Directors
4. Overseas Workers
5. Prescribed (Presumptive) Diseases
6. Reasonable Administrative Action Exclusion for Psychological Injury
7. Lifetime Care for Catastrophic Workplace Injuries
8. Claiming Compensation
9. Responding to a Worker’s Claim for Compensation
10. Consent Authority
11. Provisional Payments
12. Indexation of Workers Compensation Entitlements
13. Income Compensation Calculation and Step Down
14. Status of Leave While Entitled to Income Compensation
15. Medical and Health Expenses Compensation
16. Miscellaneous Expenses Compensation
17. Permanent Impairment Compensation
18. Noise Induced Hearing Loss
19. Compensation for Dust Disease
20. Death Entitlements
21. Settlements
22. Reducing, Suspending, or Discontinuing Income Compensation
23. Reducing or Discontinuing Income Compensation – Return to Work
24. Reducing or Discontinuing Income Compensation – Medical Evidence
25. Reducing or Discontinuing Income Compensation – Worker not Residing in WA
26. Reducing or Discontinuing Income Compensation – Worker in Custody
27. Question as to liability or apportionment between employers
28. Worker’s Treating Medical Practitioner & Medical Examinations
29. Certificates of Capacity
30. Return to Work Programs
31. Return to Work Case Conferences
32. Injury Management Obligations – Worker
33. Injury Management Obligations – Employer
34. Labour Hire Employers & Host Organisations
35. Workplace Rehabilitation
36. Independent Medical Review of Workers
37. Assessment of Permanent Impairment & Approved Assessors
38. Common Law
39. Dispute Resolution
40. Independent Registered Agents
41. Insurance Requirements for Employers
42. Licensing of Insurers
43. Licensing of Self-Insurers
44. Workers Compensation (Employer Indemnity) Policies
45. Refusal of Indemnity
46. Insurance Premium Rates and Review
47. Default Insurance Fund
48. Default Insurance Fund – Acts of Terrorism
49. ICWA Industrial Diseases Policy for Mining Employers
50. Workers Compensation Insurance Brokers
51. WorkCover WA & Administration
52. Approved Forms and Service and Facilitation of Electronic Processes
53. Disclosure of Information
54. Compliance and Enforcement
55. Prohibition on Circumventing Act: No Contracting Out
56. Use of Regulations
57. Savings and Transitional Provisions
58. Review of Act

Reference Guide to 1981 Act

The following link compares section numbers between the 2023 and 1981 Acts.

Submission archive on proposed regulations and administrative instruments

All submissions recieved on the implementation consultation papers have been published on the WorkCover WA website, unless a stakeholder specified their submission is confidential.

A total of 74 submissions were received.

  • 54 submissions have been published by WorkCover WA as the submissions were received.
  • 20 stakeholders requested confidentiality and did not authorise WorkCover WA to publish their submission on the WorkCover WA website.
No. Submitting person/organisation No. Submitting person/organisation
1 Ai Group 39 Confidential
2 Alastair Mackendrick – ENT Specialist 40 Chamber of Commerce and Industry WA
3 Confidential 39 Confidential
4 Confidential 42 Dan Ebrall – Precision Acoustics
5 Harry Jackson – Occupational Health Advisor 43 Iain Summerlin – Summerlin Audiology
6 Dr Brenda Murrison – CEO Brecken Health 44 Department of Justice
7 Matt Instance – WHS Advisor 45 Robert Sterry – Plaza Medical Kalgoorlie
8 Confidential 46 Australian Medical Association Western Australia
9 The Recovre Group 47 Confidential
10 Tiffany Hutchinson 48 Confidential
11 Absolute Balance Exercise Physiology Group 49 Australian Rehabilitation Providers Association WA (submission #2)
12 Confidential 50 Confidential
13 Osteopathy Australia 51 Western Australian Society of Plastic & Reconstructive Surgeons
14 EP Results Exercise Physiology 52 Australian Orthopaedic Association of Western Australia
15 Peter Salmon – Occupational Health Technician/ Audiometric Officer 53 Insurance Council of Australia (submission #2)
16 The Chamber of Minerals & Energy of Western Australia 54 Dale Kennett -Pernickety Health Services
17 Dr Steven Overmeire – Consultant Occupational Physician 55 Confidential
18 Confidential 56 QBE Insurance Group (submission #2)
19 Mark Civitella – Partner Mills Oakley 57 GIO Insurance (submission #2)
20 Insurance Commission of Western Australia (submission #1) 58 Confidential
21 WA’s Individualised Services 59 Evolution Workplace Solutions
22 QBE Insurance Group (submission #1) 60 Insurance Commission of Western Australia (submission #2)
23 Housing Industry Association (submission #1) 61 Doug Moyle
24 Humdrum 62 Ian Wheeler – Precision Acoustics
25 Insurance Council of Australia (submission #1) 63 The Hearing Company
26 Confidential 64 Confidential
27 GIO Insurance (submission #1) 65 Australian Physiotherapy Association
28 Confidential 66 Confidential
29 Confidential 67 Housing Industry Association (submission #2)
30 Australian Rehabilitation Providers Association WA (submission #1) 68 Hearing Australia
31 Sasha Wray – Director Next Wave Therapy 69 Department of Health
32 Australian Association of Social Workers 70 Exercise & Sports Science Australia (submission #2)
33 Confidential 71 Confidential
34 Confidential 72 The Chamber of Minerals & Energy of Western Australia (submission #2)
35 Exercise & Sports Science Australia (submission #1) 73 Audiology Australia
36 Incite Solutions Group 74 Australian College of Audiology
37 Timothy Ebrall – Precision Acoustics
38 Occupational Therapy Australia
Archived - 2021 Draft Bill Information

The  Workers Compensation and Injury Management Bill 2021 – (Consultation Draft) was released for public consultation on 11 August 2021 and the period for public submissions has now closed.

The draft Bill modernises WA’s workers compensation laws and is based on recommendations from WorkCover WA’s 2014 Review of the Workers’ Compensation and Injury Management Act 1981: Final Report.

Read the media statement from the Minister for Industrial Relations announcing the public consultation process. The draft Bill was prepared for public comment before it was introduced into State Parliament, continuing WorkCover WA’s open and consultative approach on the legislative review.

Submissions made on the Workers Compensation and Injury Management Bill 2021 (Consultation Draft) are accessible under the Submissions tab below.

Workers Compensation and Injury Management Bill 2021

Download the Workers Compensation and Injury Management Bill 2021 (Consultation Draft).

Guide to the Bill and supporting information

The following resources provide explanatory information to help you understand the Bill.

The Guide to the Bill provides an overview of the structure of the Bill to help you identify key areas of interest, and provides a guide to the main provisions of the Bill.

Information sessions

WorkCover WA delivered 7 public information sessions on the Bill, which provided an opportunity for anyone interested, to understand the journey to modernise workers compensation laws and ask questions before finalising a submission.

A copy of the presentation is available for download.

Bill Consultation Information Session – Presentation (PDF – 3.91MB)

Submissions

Each submission made on the Workers Compensation and Injury Management Bill 2021 (Consultation Draft) was accompanied by an authority from the submitter for WorkCover WA to either:

  1. Publish their submission on the WorkCover WA website
  2. Publish their submission on the WorkCover WA website but with the submitter’s name redacted
  3. Keep the submission confidential.

A total of 86 submissions were received.

  • 41 submitters authorised WorkCover WA to publish their submissions as received.
  • 13 submitters authorised WorkCover WA to publish their submissions with submitter name redacted.
  • 32 submitters requested confidentiality and did not authorise WorkCover WA to publish their submission on the WorkCover WA website
No. Submitting person/organisation No. Submitting person/organisation
1 Confidential 44 Master Builders Association of Western Australia
2 Dr P. Max Majedi 45 Confidential
3 Piet Jarman – Jarman Legal 46 Redacted
4 Redacted 47 Confidential
5 Shine Lawyers 48 Confidential
6 Redacted 49 Audiology Australia
7 Redacted 50 Confidential
8 Osteopathy Australia 51 Confidential
9 Redacted 52 Confidential
10 Confidential 53 Australian Lawyers Alliance
11 Confidential 54 Confidential
12 Exercise and Sports Science Australia 55 Hearing Business Alliance
13 Redacted 56 Redacted
14 Eureka Lawyers 57 Dr. John Salmon, Prof. Michael Nicholas, Ms. Jacintha Bell with the support of the Faculty of Pain Medicine, Occupational Therapy Australia, Australian Pain Society, Pain Options, and Prof. Peter O’Sullivan
15 Confidential 58 Confidential
16 Redacted 59 Australian Institute of Health and Safety
17 Rehabilitation Services by Altius 60 Redacted
18 Hearing Care Industry Association 61 The State School Teachers’ Union of WA
19 Australian Medical Association (WA) 62 Shop, Distributive & Allied Employees’ Association (WA)
20 Australian Rehabilitation Providers Association WA 63 Redacted
21 Redacted 64 Confidential
22 Confidential 65 UnionsWA
23 Confidential 66 Slater and Gordon Lawyers (Workers’ Compensation)
24 Chris Walters 67 Slater and Gordon Lawyers (Asbestos Diseases)
25 Confidential 68 Chamber of Commerce and Industry Western Australia
26 Confidential 69 Asbestos Diseases Society of Australia
27 Small Business Development Corporation 70 Confidential
28 Mark Civitella 71 Confidential
29 Confidential 72 National Insurance Brokers Association
30 Maurice Blackburn Lawyers 73 CFMEU Construction and General Division – WA Branch
31 Australian Industry Group 74 United Professional Firefighters Union of Western Australia
32 Western Australia’s Individualised Services 75 Insurance Council of Australia
33 Institute of Clinical Psychologists 76 Confidential
34 Confidential 77 Confidential
35 Redacted 78 Community and Public Sector Union / Civil Service Association
36 Child and Adolescent Health Service 79 Australian Rail Tram and Bus Union WA PTA Branch
37 Confidential 80 Confidential
38 Confidential 81 The Law Society of Western Australia
39 Confidential 82 Confidential
40 Confidential 83 Confidential
41 Confidential 84 Confidential
42 Housing Industry Association 85 The Chamber of Minerals & Energy of Western Australia
43 Redacted 86 Insurance Commission of Western Australia
WorkCover WA 2014 Final report

The 2014 Review of the Workers’ Compensation and Injury Management Act 1981: Final Report contains the background and recommendations for drafting a new Act on which the WCIMA23 is based.

Marked up amendments to other Acts

The following is a list of Acts marked up to show the amendments if the changes within the Consultation Draft Bill are incorporated: