Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Any officer,
member, operations room attendant, direct brigade alarm technician or hose and
extinguisher serviceman who has established a claim under the
Workers’ Compensation and Injury Management Act 1981 , by reason of
personal injury by accident arising out of or in the course of his employment
shall be entitled to leave of absence from duty, and shall receive during the
period of incapacity such sum weekly as shall, together with any weekly amount
received as compensation under the Workers’ Compensation and Injury
Management Act 1981 , be equal to the amount of his weekly wages.
(2) For the purposes
of this regulation weekly wages means —
(a) the
total wages, salary or other remuneration payable at the time of the
incapacity for a week’s work in such employment under any industrial
award or industrial agreement to which the work performed by the incapacitated
worker is subject;
(b)
prescribed overtime, being any payment for the number of hours constituting
the difference between 42 hours per week and the number of hours stated in the
industrial award or industrial agreement as ordinary hours which constitute a
week’s work for a worker of the class of the incapacitated worker; and
(c) any
shift allowance, week‑end or public holiday penalty allowance, district
allowance or industry allowance payable to the worker immediately prior to the
accident.
(3) The weekly
payments shall be continued as long as the incapacitated worker is in receipt
of weekly payments under the Workers’ Compensation and Injury
Management Act 1981 or until the services of the incapacitated worker
have been terminated by the Chief Executive Officer whichever is the earlier.
(4) Payments made
under this regulation shall not be deducted from any payments made to the
incapacitated worker under the Second Schedule of the
Workers’ Compensation and Injury Management Act 1981 .
(5) Leave granted
under this regulation shall not be counted against sick leave.
[Regulation 132 inserted in Gazette
18 Jan 1980 p. 143; amended in Gazette 22 Dec 1998
p. 6846 and 6847‑8; 16 May 2003 p. 1726;
31 Mar 2009 p. 1025‑6.]