Workers Compensation Act 1987

Part 5 of the Act (except section 151AA) does not apply to a cause of action in respect of—

an injury received by a worker before 4 pm on 30 June 1987, or

the death of a worker resulting from or caused by such an injury.

In the case of any such cause of action, the provisions of sections 63, 64 and 64A of the former Act continue to apply.

In the application of those provisions of the former Act, a reference in those provisions to compensation or proceedings under the former Act includes a reference to compensation or proceedings under this Act.

For the avoidance of doubt, those provisions of the former Act apply and are taken always to have applied to the recovery of compensation or damages, whether or not the compensation or damages were paid under an award or judgment. For example, compensation or damages may be paid under an agreement.

If any payment is made under the indemnity referred to in section 64 (1) (b) of the former Act and, at the time of payment, the worker has obtained judgment for damages against the person paying under the indemnity (but judgment has not been satisfied), the payment, to the extent of its amount, satisfies the judgment.

Subclauses (4) and (5) do not apply to the matter that was the subject of the decision of the District Court on 14 December 1990 in Nsair v GIO.