Personal Injuries and Workers’ Compensation

2017/18 Annual Report

The Personal Injuries and Workers’ Compensation Committee has continued its involvement in matters affecting the administration of compensation claims and damages awards for personal injuries.

The Committee has recommended that the Law Society make submissions in relation to the Workers Compensation (Legal Practitioners & Registered Agents) Costs Determination, and a request has been made of the WorkCover WA Costs Committee that it convene and call for submissions.

The Committee continues to await draft regulations under the Health Services Act 2016 (Cth) regarding public hospitals’ claims for recovery of medical expenses from compensable patients post-settlement. The issue of access to hospital and medical practitioner files prelitigation was also an issue of consideration by the Committee.

Members of the Committee continue to participate in WorkCover WA’s Conciliation and Arbitration Service Users’ Group and Costs Committee. The Deputy Convenor continues to serve on the Law Council of Australia’s Personal Injuries and Compensation Committee which meets to discuss the compensation systems in the various states.

Other matters reviewed by the Committee this year included the Limitation Act amendment for child abuse and the Commonwealth redress scheme and amendments considered necessary to the Criminal Injuries Compensation Act.

Legislative review of the Worker’s Compensation and Rehabilitation Act 1981 remains pending. The Law Reform Commission of Western Australia’s project on Claims for Non-Economic Loss for Wrongful Death under the Fatal Accidents Act 1959 is expected to occupy the Committee during 2018/19.

For more information about this committee please email General Manager, Advocacy – Mary Woodford, advocacy@lawsocietywa.asn.au