Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A
memorandum of an agreement referred to in section 76 of the Act is
sent to the Director in accordance with that section by sending it to the
Director as soon as practicable after the agreement has been entered into,
with enough copies for the memorandum to be kept in the office of WorkCover WA
and a copy to be given to each interested party.
(1a) A memorandum of
an agreement referred to in section 76 of the Act shall be in the form of
Form 15C in Appendix I.
(2) The memorandum is
to include full particulars of matters for which the agreement provides and,
in the case of an agreement as to the compensation that is to be paid under
Schedule 2 of the Act, is to identify each item for which the
compensation is to be paid and, for each item —
(a) if
the Act Part III Division 2 applies in respect of the personal injury or
noise induced hearing loss that is the subject of the agreement —
(i)
the percentage loss of the full efficient use of a part
or faculty of the body for which compensation is to be paid; and
(ii)
the amount of compensation;
or
(b) if
the Act Part III Division 2A applies in respect of the personal injury or
noise induced hearing loss that is the subject of the agreement —
(i)
the degree of permanent impairment of a part or faculty
of the body for which compensation is to be paid; and
(ii)
the amount of compensation.
(3) The memorandum is
to be signed by or on behalf of each party to the agreement and if the
memorandum sent to the Director is not the original signed memorandum the
original is to be produced for inspection by the Director.
(3a) A memorandum of
an agreement lodged for the purposes of a redemption amount under
section 67(l) shall be accompanied by Form 15D in Appendix I signed and
dated by the worker, as acknowledgment that he/she is aware of the
consequences of the recording of the memorandum.
(4) The notice
despatched by the Director to each interested party, under section 76(2)
of the Act, is to be in the form of Form 15A in Appendix I.
(4a) Where any
interested party disputes the genuineness of the memorandum, or the adequacy
of the compensation agreed upon or otherwise objects to the recording of the
agreement that party shall, within the 7 days allowed in
section 76(2), notify the Director by completing Form 15E in Appendix I,
and forwarding that completed form to the Director.
(4b) On receipt of an
objection from any party in the manner prescribed in subregulation (4a),
the Director shall send to each other party a notice, in the form of Form 15F,
informing such parties that the memorandum will not be recorded except with
the consent in writing of the objector.
(5) If the Director
records the memorandum, the Director is to notify each interested party
accordingly in the form of Form 15B in Appendix I.
(6) The Director may
vary or amend a memorandum if all parties first give the Director written
consent to make that variation or amendment.
(7) For the purpose of
providing a statement of benefits paid, under section 67(2) of the Act,
Part 4 of the Memorandum of Agreement form (Form 15C), may be used for
this purpose.
[Regulation 12 inserted in Gazette
18 Feb 1994 p. 661; amended in Gazette 15 Oct 1999
p. 4906‑7; 28 Oct 2005 p. 4864‑5;
18 Nov 2011 p. 4821.]