❓ Dr. Constable asks about the administrative guidance for medical professionals assessing work-related injuries under Section 93D of the Workers' Compensation Act, following a Supreme Court ruling that challenges 'total body' assessments. The Minister acknowledges the concern and states they are seeking further advice.
AnsweredQoN 1216Legislative Assembly
QuestionView source ↗
I refer to section 93D of the Workers' Compensation and Rehabilitation Act 1981 which requires medical practitioners to assess the permanent total body disability of a worker for compensation purposes and ask that, in view of the full bench of the Supreme Court of WA ruling in Monger: ex parte Dutch and ORS (2001) that 'total body' assessments are not competent for the purpose of Section 93D referrals, is there any administrative advice as to how medical professionals should proceed in assessing the extent of their patients' work-related injuries?
AnswerView source ↗
Answered
29 November 2001
Responded by
Minister for Consumer and Employment Protection
Response time
23 days
The Dutch decision is most concerning in its potential impact on many claims under section 93D. It is a legal question as to whether or not medical evidence meets the requirements of section 93D. Workers, or workers’ solicitors, are responsible for providing medical evidence which meets the requirements of section 93D of the Act. I am seeking further advice as to what, if any action, may be appropriate to clarify these matters.
It is a legal question as to whether or not medical evidence meets the requirements of section 93D. Workers, or workers’ solicitors, are responsible for providing medical evidence which meets the requirements of section 93D of the Act. I am seeking further advice as to what, if any action, may be appropriate to clarify these matters.
I am seeking further advice as to what, if any action, may be appropriate to clarify these matters.
It is a legal question as to whether or not medical evidence meets the requirements of section 93D. Workers, or workers’ solicitors, are responsible for providing medical evidence which meets the requirements of section 93D of the Act. I am seeking further advice as to what, if any action, may be appropriate to clarify these matters.
I am seeking further advice as to what, if any action, may be appropriate to clarify these matters.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.