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Status of common law elections

WorkCover WA is aware there is stakeholder concern and uncertainty about the implications of the decision in the case of Neville v Choice One Pty Ltd [2024] WASCA 104 for the status of common law elections made under the Workers’ Compensation and Injury Management Act 1981.

As a priority, WorkCover WA is considering the impact of the Neville decision and any potential legislative amendments that may be required, however cannot provide any further information at this stage.

Please be aware the legislative scheme in relation to common law elections changed on 1 July 2024 with commencement of the Workers Compensation and Injury Management Act 2023.

Page last updated: 17 September 2024 at 3:29 pm

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Acknowledgement of Country

WorkCover WA acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present.