Western Australian Repealed Regulations

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This legislation has been repealed.

WORKERS' COMPENSATION (DRD) RULES 2005


TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation
            
   2.      Commencement
            
   3.      Terms used
            
   4.      Transitional provisions
            
   5.      Dispute resolution authority may waive requirements in a particular case
            
   6.      Time
            
   7.      Extension or abridgement of time
            
   8.      Any arbitrator may exercise function
            
   9.      Order to obey requirement of rules or order

   PART 2 -- Filing documents  

   10.     Filing applications and other documents
            
   11.     Filing by fax
            
   12.     Acceptance of document
            
   13.     Director may refuse to accept non-compliant documents

   PART 3 -- Serving documents  

   14.     Party who files document must serve a copy on other parties and on insurer
            
   15.     Serving documents
            
   16.     Personal service
            
   17.     Address for service of documents
            
   18.     Fax address for service of documents
            
   19.     Service of documents by fax
            
   20.     Substituted service
            
   21.     Certificate of service

   PART 4 -- Representation  

   22.     Notice of representation
            
   23.     Notice of change of representation
            
   24.     Notice that representation has ceased
            
   25.     Litigation guardian

   PART 5 -- Applications and proceedings generally  

   26.     Making an application
            
   27.     Party may discontinue proceeding
            
   28.     Adjournment of proceeding
            
   29.     Application for adjournment
            
   30.     Late application for adjournment
            
   31.     Application may be dismissed or determined if adjournment not granted
            
   32A.    Interlocutory applications
            
   32.     Consent orders
            
   33.     Hearings to be held in private

   PART 6 -- Interim orders and minor claims

           Division 1 -- Interim payment order  

   34.     Documents to accompany application for interim payment order
            
   35.     Service of application for interim payment order
            
   36.     Submission by party or other person
            
   37.     Circumstances in which an interim payment order for weekly payments is not to be made: section 232(3)(c)
            
           38. Content of interim payment order
            
   39.     Revocation of interim payment order: section 237

           Division 2 -- Interim suspension or reduction order  

   40.     Term used: Part XI application
            
   41.     Application for interim suspension or reduction order
            
   42.     Service of application for interim suspension or reduction order
            
   43.     Submission by party or other person
            
   44.     Arbitrator may consider Part XI application
            
   45.     Circumstances in which an interim suspension or reduction order is not to be made: section 238(4)(b)
            
           46. Content of interim suspension or reduction order
            
   47.     Revocation of interim suspension or reduction order: section 240

           Division 3 -- Minor claims  

   48.     Material to accompany application for determination of minor claim: section 241
            
           49. Application for production of documents: section 244
            
           50. Service of application for determination of minor claim
            
   51.     Submission by party or other person
            
   52.     Circumstances in which an order for weekly payments is not to be made: section 241(4)(c)
            
           53. Content of order under section 241
            
           54. Order for production of documents: section 244

   PART 7 -- Part XI proceedings

           Division 1 -- Requirements before commencing proceeding  

   55.     Provision of documents before commencement of proceeding

           Division 2 -- Commencing proceedings  

   56.     Application for order as to total liability or payment of additional expenses
            
   57.     Employer to advise worker of insurer
            
   58.     Material to be filed and served with application
            
   59.     Reply to application
            
   60.     Procedure where party does not reply
            
   61.     Material to be filed and served with reply
            
   62.     Response by applicant
            
   63.     Material to be filed and served with response
            
   64.     Filing of late documents
            
   65.     Submission by party or other person

           Division 3 -- Conciliation and determination of dispute  

   66.     Conciliation teleconference
            
   67.     Outcome of conciliation teleconference
            
   68.     Arbitrator must not interview individual parties or witnesses
            
   69.     Conciliation conference
            
   70.     Statement as to agreed facts and issues
            
   71.     Determination by arbitrator

           Division 4 -- Section 93D disputes  

   72.     Certain rules do not apply to section 93D disputes
            
   73.     Exchange of information in relation to dispute referred but not listed before 14 November 2005
            
   74.     Material to be filed by worker in dispute not referred before 14 November 2005
            
   75.     Reply by employer
            
   76.     Material to be filed and served with reply
            
   77.     Conciliation teleconference
            
   78.     Leave for late filing

   PART 8 -- Joinder of parties  

   79.     Arbitrator may give leave to join another party
            
   80.     Notice of joinder
            
   81.     Reply by person joined

   PART 9 -- Disclosure of documents and information  

   82.     Duty of disclosure
            
   83.     Disclosure without order
            
   84.     Orders relating to disclosure
            
   85.     Request for order to produce documents (section 193)
            
           86. Continuing obligation to disclose documents
            
   87.     Order under rule 84 or section 193

   PART 10 -- Witnesses  

   88.     Summons
            
   89.     Witness statements
            
   90.     Medical evidence
            
   91.     Medical reports

   PART 11 -- Referral of questions of law and appeals  

   92.     Application for leave to refer question of law
            
   93.     Referral of question of law by arbitrator
            
   94.     Application for leave to appeal
            
   95.     Reply to application
            
   96.     Commissioner’s decision
            
   97.     Amendment of grounds of appeal

   PART 12 -- Costs  

   98.     Term used: costs
            
   99.     Order as to costs
            
   100.    Application for assessment of costs
            
   101.    Expenses of approved medical specialist panel or approved specialist rehabilitation assessment panel

   PART 13 -- Medical assessments panels and specialised retraining assessment panels

           Division 1 -- Medical assessment panels  

   102.    Form for requirement to attend
            
   103.    Time, date and place of meeting
            
   104.    Notification of meeting
            
   105.    Giving documents to medical assessment panel
            
   106.    Objection to document being given to medical assessment panel

           Division 2 -- Specialised retraining assessment panels  

   107.    Form for request to attend
            
   108.    Time, date and place of meeting
            
   109.    Notification of meeting
            
   110.    Giving documents to specialised retraining assessment panel
            
   111.    Objection to document being given to specialised retraining assessment panel

   PART 14 -- Miscellaneous  

   112.    Official seal of the DRD
            
   113.    Use of seal
            
   114.    Form of documents
            
   115.    Amendment of documents
           Compilation table


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