Meaning of substantive law
91 Meaning of substantive law
In this Division—
a State's legislation about damages for a work related injury means—
for this State—this Part and any other provision of this Act providing for the interpretation of anything in this Part; and
for another State—any provisions of a law of that State that is declared by the regulations to be the State's legislation about damages for a work related injury;
substantive law includes—
a law that establishes, modifies, or extinguishes a cause of action or a defence to a cause of action;
a law prescribing the time within which an action must be brought (including a law providing for the extension or abridgment of that time);
a law that provides for the limitation or exclusion of liability or the barring of a right of action if a proceeding on, or arbitration of, a claim is not commenced within a particular time limit;
a law that limits the kinds of injury, loss or damage for which damages or compensation may be recovered;
a law that precludes the recovery of damages or compensation or limits the amount of damages or compensation that can be recovered;
a law expressed as a presumption, or rule of evidence, that affects substantive rights;
a provision of a State's legislation about damages for a work related injury, whether or not it would be otherwise regarded as procedural in nature, but does not include a law prescribing rules for choice of law.
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