Workers Compensation Act 1987

In a case where section 16 deems an injury to have happened within 12 months after the commencement of section 9A, section 68B (3) is, in its application in respect of any period of employment before the commencement of section 9A, to be read as if a reference in it to employment that was a substantial contributing factor were a reference to employment that was a contributing factor (whether or not a substantial contributing factor).

If compensation has been paid or has become payable under section 16 of the former Act for a loss of a thing, section 68B applies in respect of the determination of compensation under Division 4 of Part 3 of this Act for a further loss of that thing regardless of whether the description of the loss in section 16 of the former Act differs from the corresponding description of the loss in the Table to Division 4 of Part 3.

This clause and the amendments made by the Workers Compensation Legislation Amendment Act 2000 to substitute section 68B (2)–(4) are for the avoidance of doubt and accordingly are taken to have had effect from the commencement of section 68B, but not so as to affect—

any award of compensation made before the commencement of this clause, or

any compensation that a worker has received or agreed to receive before the commencement of this clause, or

any award of, or compromise or settlement of a claim for, damages made before the commencement of this clause, or

any court proceedings commenced by a worker for damages from the worker’s employer (or other person referred to in section 150) before the commencement of this clause.