Kowalski v Cole & Ors; Kowalski v Bourne

[2015] SASCFC 169

South Australia Full Court

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Interrogate

Catchwords

1. Industrial Law
2. › South Australia
3. › Workers compensation
4. › Proceedings under Workers Compensation Act 1971 (SA)
5. › Right of appeal from Full Court of Industrial Relations Court
6. › Whether appeal as of right or by permission
7. › Workers Compensation Act 1971 (SA), s 47
8. › Fair Work Act 1994 (SA), s 191
1. Appeal
2. › Right of appeal
3. › Preservation of appeal rights under repealed legislation
4. › Whether transitional provisions preserved right of appeal as of right
5. › Workers Rehabilitation and Compensation Act 1986 (SA), First Schedule cl 2(1)
6. › Acts Interpretation Act 1915 (SA), s 16
1. Statutes
2. › Construction
3. › Transitional provisions
4. › Continuing operation of repealed Act
5. › Whether continuing operation extends to procedural and appellate provisions as well as substantive rights
6. › Workers Rehabilitation and Compensation Act 1986 (SA), First Schedule cl 2(1)
1. Statutes
2. › Construction
3. › Repeal
4. › Saving provisions
5. › Whether Acts Interpretation Act preserves appellate rights under repealed Act
6. › Whether distinction between substantive rights and procedural or appellate rights
7. › Acts Interpretation Act 1915 (SA), s 16

Quick Take

Where the Workers Compensation Act 1971 (SA) continues to apply to pre-October 1987 traumas by virtue of clause 2(1) of the First Schedule to the 1986 Act, the right of appeal under section 47 of the 1971 Act (as of right on questions of law) is preserved, and section 191 of the Fair Work Act 1994 (SA) (requiring permission) does not apply. Section 16 of the Acts Interpretation Act 1915 (SA) preserves both substantive and appellate rights under repealed legislation.