Where the operation of a transitional provision in the WorkCover Queensland Act 1996 depends on when an injury-causing event occurred, the court cannot make a declaration about the validity of proceedings without first establishing the relevant facts by evidence or agreement. The operation of s 588 depends on the facts as found, not on what a party claims. The proper construction of s 588 — whether it applies where an event straddles 1 July 2001 — was left open, with tentative support expressed for the view that the transitional provision applies if the event was 'happening' before that date.
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