Law Reform Act 1995

The provisions of part 3, divisions 1 and 3 apply to a wrong that happened before the commencement as if the provisions, in their form as amended by the amending Act, had been in force when the wrong happened.

However, the provisions, as in force before the commencement, continue to apply to a wrong if any of the following apply—

the wrong relates to a WorkCover damages injury sustained before 1 July 2001 for which final relief has not been granted by a court before the commencement;

a proceeding about the wrong—

was started before the commencement; and

final relief has not been granted by the court before the commencement;

a court has, before the commencement, granted final relief for the wrong;

the persons responsible for the damage have, before the commencement, entered into an agreement to settle claims arising from the wrong, including an agreement about liability only.

Subsection (2)(a) applies whether or not a proceeding has been started about the wrong.

For a proceeding for subsection (2)(a) or (b), any rule, regulation or other law that would have been applicable to the proceeding had the amending Act not been enacted continues to apply to the proceeding as if the amending Act had not been enacted.

In this section—