WHS Expert Witness
Perth
Independent WHS expert witness for Western Australia. Perth courts and the resources sector. WA adopted the harmonised WHS Act 2020 from March 2022. Mining, construction and energy sector experience. Pilbara and regional WA site inspections available.
WHS Expert Witness in Perth, Western Australia
Western Australia adopted the harmonised Work Health and Safety Act 2020, which came into force in March 2022. Before that date, the Occupational Safety and Health Act 1984 applied. For historical matters predating March 2022, the OSH Act and its regulations govern the analysis. The WHS Act 2020 closely mirrors the national harmonised model. From 31 March 2022, mine safety is also covered by the WHS Act 2020, through the Work Health and Safety (Mines) Regulations 2022. For mining matters before that date, the Mines Safety and Inspection Act 1994 and its regulations apply. WorkSafe WA now sits within the Department of Local Government, Industry Regulation and Safety.
Western Australia's economy is dominated by the resources industry. Iron ore, gold, lithium and oil and gas operations account for a significant proportion of serious workplace injuries in the state. The Pilbara region in particular presents challenging WHS conditions: remote locations, extreme heat, mobile plant interaction and fly-in fly-out workforces all contribute to elevated injury rates. Karim's resources sector experience at Origin Energy is directly relevant to WA resources matters.
Instructions from Perth and regional WA law firms are accepted. Site inspections in the Perth metropolitan area can be arranged with advance notice. Pilbara and other regional site inspections require advance planning for access approvals, travel to the Pilbara by air and site-specific safety inductions. These arrangements are coordinated with the instructing solicitor well in advance of any proposed inspection date.
WA workers' compensation is now governed by the Workers Compensation and Injury Management Act 2023, which commenced on 1 July 2024, with disputes handled by WorkCover WA's Conciliation Service and Arbitration Service. Common law damages against employers are limited: the worker needs a whole person impairment of at least 15 per cent, and damages are capped where the impairment is below 25 per cent. Public liability claims are decided under the Civil Liability Act 2002 (WA), with the general principles in section 5B.
Western Australia Jurisdictions Covered
Expert evidence in Perth matters is prepared to comply with the expert witness requirements of each specific forum. Instructions are accepted in the following courts and tribunals:
- District Court of Western Australia for workers' compensation common law damages
- Supreme Court of Western Australia for larger civil matters
- Magistrates Court for WHS prosecutions under the WHS Act 2020
- WorkCover WA Conciliation Service and Arbitration Service for statutory compensation disputes
Instructions from Perth law firms are accepted by email or telephone. A fee estimate and conflict clearance are provided promptly after an initial discussion. All reports are prepared to the applicable court or tribunal expert evidence standard for Western Australia.
Instruct Karim for a Perth Matter
Contact Karim Ali to discuss your matter, confirm availability and obtain a fee estimate.