WA introduces new legislation to protect injured workers

Freya Lucas

Nov 08, 2024

Save

The West Australian Government has introduced legislation in response to a WA Court of Appeal decision which would have prevented some workers from accessing common law damages due to a technicality regarding the order in which documents are required to be registered.

Under the Western Australian workers compensation scheme, workers with a whole of person impairment of at least 15 per cent must 'elect' in order to pursue common law damages.

On 5 September 2024, the WA Supreme Court of Appeal delivered Neville v Choice One Pty Ltd [2024] WASCA 104 which has significant implications for workers with current common law proceedings in the courts.

The decision means many workers pursuing common law damages under the now repealed 1981 Act risk being deprived of accessing common law damages and having proceedings discontinued, halted, delayed or struck out.

Common law elections made under the 2023 Act, which came into operation on 1 July 2024, are not affected by the Neville decision.

The amendment Bill will retrospectively validate and restore the status of common law elections made under the 1981 Act, and will also preserve any current proceeding that has been affected by the Court of Appeal decision.

"The Cook Government has acted swiftly to ensure workers are not denied the opportunity to have their common law claim progressed following the decision made by the WA Court of Appeal,” WA Industrial Relations Minister Simone McGurk said.

"This Bill will provide clarity for industry and workers progressing claims through the court system."

Don’t miss a thing

Childcare centres may have clear rules for staff numbers, but there are loopholes to get around them

There is a growing number of “serious incidents” in Australian early childhood services, including day cares.

What Can Australia Learn from Ontario’s Child Care Ratios?

As workforce pressures continue to shape early childhood education and care (ECEC) policy discussions in Australia, international comparisons provide useful perspectives. Canada’s approach, particularly in Ontario, offers a case study in how educator-to-child ratios, maximum group sizes and qualification requirements can be legislated as an integrated framework.

Burnout in early childhood education: Why leadership support is the missing lever

Early childhood educators have one of the most important jobs in Australia. We trust them to keep our kids safe, to educate them in their most formative years, and to care for them when we can’t do it ourselves. And far too often, educators are doing it all on empty.

Workforce planning in ECEC: from compliance requirement to strategic advantage

With workforce pressures continuing across early childhood education and care (ECEC), a structured approach to workforce planning is emerging as a critical leadership tool, not simply an administrative exercise.

National Early Childhood Worker Register: commencing 27 February 2026

The introduction of the National Early Childhood Worker Register from the 27 February, has signalled a significant shift in workforce oversight across early childhood education and care (ECEC).