On 31 March 2022, the Work Health and Safety Act 2020 WA (WHS Act) came into effect. The major change for the insurance sector from the harmonised WHS legislation is that WHS penalties are no longer insurable.

For insurers and brokers, this means it is important to ensure renewed policies do not contain terms that indemnify for WHS penalties. Given the potential rise in prosecutions from a strengthened regulator, and the ongoing ability to insure for defence costs, it also remains important to encourage insureds to adopt a ‘global’ approach to managing WHS-related claims.

In this update, W+K Perth Partners William Robinson and Luke Vincent look at the issues for insurers and brokers. They have also prepared a guide for insureds, which is available on request.

Click the download button below to read in full.