Amendments relating to common law damages
9 Amendments relating to common law damages
An amendment made by Schedule 1 to the Workers Compensation Legislation Further Amendment Act 2001 applies in respect of the recovery of damages after the commencement of the amendment (and so applies even if the injury concerned was received before the commencement of the amendment) but does not apply in respect of the recovery of damages if proceedings for their recovery were commenced in a court before the commencement of the amendment.
The following transitional arrangements apply in respect of proceedings for the recovery of damages commenced in a court after the commencement of Schedule 1.1, and before the commencement of Schedule 1.2, to the Workers Compensation Legislation Further Amendment Act 2001—
the proceedings are to be adjourned until after the commencement of Schedule 1.2 to that Act, and
after the commencement of Schedule 1.2 to that Act, Division 2 of Part 6 of Chapter 7 of the 1998 Act applies to the proceedings but so applies as if a reference to the commencement of proceedings were a reference to the continuation of proceedings.
An amendment made by Schedule 1.1 to the Workers Compensation Legislation Further Amendment Act 2001 does not apply in a case where a person has elected to claim permanent loss compensation under section 151A before the commencement of the amendment.
Note.
This will enable such an election to be revoked in the circumstances provided by section 151A and common law damages recovered on the basis of the law as in force at the time of the original election.
In this clause—
damages has the same meaning as in Part 5 of this Act.
Note.
Schedule 1.1 to the Workers Compensation Legislation Further Amendment Act 2001 is taken to have commenced at 9.00 am on the day the Bill for that Act was introduced into Parliament.
This Act’s bill:Explanatory memorandum
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