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Call to rewrite WorkCover WA legislation

A review of WA’s workers’ compensation legislation says it should be rewritten and a new statute issued.

Many of the 171 recommendations apply to insurers, including giving WorkCover WA powers to license them.

The authority could impose conditions on the companies and would have the power to monitor compliance.

Insurers would have to quote likely premiums if requested by employers, according to the report tabled in State Parliament last week by Attorney-General Michael Mischin.

The industry raised concerns about being forced to quote when more information from the employer might be needed. The review says insurers should be able to give a “conditional quote”.

The report recommends clarification of the definition of “worker” and that the definition of psychological injury exclude injuries in some instances.

A single claims process would accommodate both weekly payments for incapacity and/or medical expenses, and injury management rules would be tightened to reinforce return-to-work objectives.

Although the scheme is performing well “the complexity of the legislation is a source of confusion and frustration for… participants”, the report says. Legislation has been amended on a piecemeal basis, which adds to complexity and makes it difficult to understand and apply.