Proceedings commenced in contravention of s 151C(1) of the Workers Compensation Act 1987 (NSW) — that is, before the mandatory 6-month waiting period has expired — do not constitute an effective election under s 151A(3)(a) to claim damages, and do not preclude the worker from subsequently claiming permanent lump sum compensation under ss 66 and 67. However, an election made under the former s 151A prior to its repeal by the 2001 Amendment Act continues to operate as a bar to compensation claims despite the repeal. The question of whether the new s 151A (which operates on recovery of damages rather than election) applies to pre-amendment proceedings was resolved by reference to cl 9(1) of the transitional provisions, which concerns only the recovery of damages and does not operate in respect of the recovery of compensation.
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