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New South Wales
Workers Compensation Legislation
Amendment Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendments 2
Schedules
1 Amendment of Workers Compensation Act 1987 No 70 3
2 Amendment of Workplace Injury Management and Workers
Compensation Act 1998 No 86 6
3 Amendment of Occupational Health and Safety Act 2000
No 40 10
4 Amendment of Workers' Compensation (Dust Diseases)
Act 1942 No 14 14
5 Amendment of Workers Compensation (Bush Fire,
Emergency and Rescue Services) Act 1987 No 83 22
Workers Compensation Legislation Amendment Bill 2003
Contents
Page
6 Amendment of Workers' Compensation (Dust Diseases)
Regulation 1998 23
7 Amendment of Workers Compensation Legislation
Amendment Act 2002 No 124 24
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2003
New South Wales
Workers Compensation Legislation
Amendment Bill 2003
Act No , 2003
An Act to amend the Workers Compensation Act 1987, the Workplace Injury
Management and Workers Compensation Act 1998 and certain other Acts to
make further provision with respect to commencement of proceedings, dust
diseases and injury notification; and for other purposes.
Clause 1 Workers Compensation Legislation Amendment Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Workers Compensation Legislation Amendment
Act 2003.
2 Commencement
(1) This Act commences on a day or days to be appointed by
proclamation.
(2) A proclamation under this section may appoint a particular time on
a day as the time for commencement on that day.
3 Amendments
The Acts and Regulation specified in the Schedules to this Act are
amended as set out in those Schedules.
Page 2
Workers Compensation Legislation Amendment Bill 2003
Amendment of Workers Compensation Act 1987 No 70 Schedule 1
Schedule 1 Amendment of Workers Compensation
Act 1987 No 70
(Section 3)
[1] Section 87I Payment
Omit section 87I (2).
[2] Section 151DA Time not to run for commencement of proceedings
in certain cases
Insert before section 151DA (1) (a):
(a1) while the determination of the claim concerned is
delayed as permitted by section 281 of the 1998 Act,
but not including delay beyond 2 months after the
claimant has provided all relevant particulars about the
claim as required by section 281 (2) (b) of that Act, or
Note. Delay in determining a claim beyond 2 months is only
permitted on the basis that degree of permanent impairment is
not fully ascertainable and the insurer has notified the claimant of
this. In such a case, paragraph (a) of this subsection can apply (if
a dispute about whether degree of permanent impairment is fully
ascertainable is the subject of medical assessment) to further
prevent time running for the purposes of section 151D.
[3] Section 151DA (1) (a)
Omit the paragraph. Insert instead:
(a) while a medical dispute as to whether the degree of
permanent impairment of the injured worker is at least
15%, or whether the degree of permanent impairment
of the injured worker is fully ascertainable, is the
subject of a referral for determination by the
Commission or a referral for assessment under Part 7 of
Chapter 7 of the 1998 Act (including any further
assessment under section 329 of that Act), or
[4] Section 151DA (1) (a2), (a3)
Insert after section 151DA (1) (a):
(a2) during the period of 1 month after an offer of settlement
is made to the claimant pursuant to the determination of
the claim as and when required by the 1998 Act, or
Page 3
Workers Compensation Legislation Amendment Bill 2003
Schedule 1 Amendment of Workers Compensation Act 1987 No 70
(a3) while an assessment under Part 7 of Chapter 7 of the
1998 Act in respect of a medical dispute referred to in
paragraph (a) is the subject of a pending appeal under
section 327 of the 1998 Act, or
[5] Section 151DA (6)
Insert after section 151DA (5):
(6) The President may delegate to a Deputy President any
function of the President under this section (except this power
of delegation), but only if the President is satisfied that the
delegation is necessary to avoid a conflict of interest or the
appearance of bias.
[6] Section 208AA Contributions by employers exiting the managed
fund scheme
Omit section 208AA (6) (d). Insert instead:
(d) a licensed insurer must pay to the responsible insurer
such amount as the Authority determines to be fair and
reasonable,
[7] Schedule 6 Savings transitional and other provisions, Part 18F
Insert as Part 18F:
Part 18F Provisions consequent on enactment of
2003 amending Act
1 Definition
In this Part:
2003 amending Act means the Workers Compensation
Legislation Amendment Act 2003.
2 Requirement to produce records
A requirement imposed under section 238 (2) (h) of the 1998
Act before the repeal of that paragraph by the 2003 amending
Act continues to have effect as if that paragraph had not been
repealed.
Page 4
Workers Compensation Legislation Amendment Bill 2003
Amendment of Workers Compensation Act 1987 No 70 Schedule 1
3 Reinstatement of costs provision in regulations
The amendments made to the Workers Compensation
(General) Regulation 1995 by the Workers Compensation
(General) Further Amendment (Costs in Compensation
Matters) Regulation 2003 are taken to have had effect on and
from 28 February 2003.
4 General operation of amendments
Except as provided by this Part or the regulations, an
amendment made to this Act or the 1998 Act by the 2003
amending Act does not apply in respect of:
(a) proceedings commenced in the Commission before the
commencement of the amendment, or
(b) a claim for compensation made before the
commencement of the amendment, or
(c) an injury received before the commencement of the
amendment.
[8] Schedule 6, Part 20
Insert at the end of clause 1 (1):
Workers Compensation Legislation Amendment Act 2003
Page 5
Workers Compensation Legislation Amendment Bill 2003
Schedule 2 Amendment of Workplace Injury Management and Workers Compensation
Act 1998 No 86
Schedule 2 Amendment of Workplace Injury
Management and Workers Compensation
Act 1998 No 86
(Section 3)
[1] Section 44 Early notification of workplace injury
Insert after section 44 (4):
(5) The regulations under section 160 of the 1987 Act may make
provision for the prescribed excess amount applicable to an
employer under that section to vary according to the time
within which the employer notifies the insurer concerned that
a worker has received a workplace injury.
[2] Section 142 Regulation of advertising
Insert "or claims for work injury damages" after "this Act" in section
142 (1).
[3] Section 238 Powers of entry and inspection by officers of
Authority
Omit section 238 (2) (h).
[4] Section 238AA Power to obtain information, documents and
evidence
Insert "or the regulations under those Acts" after "1987 Act" in section
238AA (1).
[5] Section 238AA (8)
Insert after section 238AA (7):
(8) A person must not:
(a) without reasonable excuse, refuse or fail to comply with
a requirement under this section, or
(b) in purported compliance with a requirement under this
section, give information or evidence or produce a
document knowing it to be false or misleading in a
material particular.
Maximum penalty: 100 penalty units.
Page 6
Workers Compensation Legislation Amendment Bill 2003
Amendment of Workplace Injury Management and Workers Compensation Schedule 2
Act 1998 No 86
[6] Section 238B
Omit the section. Insert instead:
238B Protection from incrimination
(1) Self-incrimination not an excuse
A person is not excused from a requirement under section 238
or 238AA to produce a document, record or statement, to give
information or evidence or to answer a question on the ground
that the document, record, statement, information, evidence
or answer might incriminate the person or make the person
liable to a penalty.
(2) Answer, information or evidence not admissible if
objection made
However, any answer, information or evidence given by a
natural person in compliance with a requirement under
section 238 or 238AA is not admissible in evidence against
the person in criminal proceedings (except proceedings for an
offence under section 238 or 238AA) if:
(a) the person objected at the time to doing so on the
ground that it might incriminate the person, or
(b) the person was not warned at an appropriate time that
the person may object to giving the answer, information
or evidence on the ground that it might incriminate the
person.
(3) Appropriate time for giving warning about incrimination
An appropriate time for warning a person as referred to in
subsection (2) (b) is any of the following times:
(a) the time when the requirement to give the answer,
information or evidence is made,
(b) in the case of evidence required to be given when
appearing before an authorised officer, any time after
the start of the appearance before the authorised officer,
(c) at or about the time immediately before the person
gives the answer, information or evidence.
Page 7
Workers Compensation Legislation Amendment Bill 2003
Schedule 2 Amendment of Workplace Injury Management and Workers Compensation
Act 1998 No 86
(4) Documents, records or statements admissible
Any document, record or statement produced by a person in
compliance with a requirement under section 238 or 238AA
is not inadmissible in evidence against the person in criminal
proceedings on the ground that the document, record or
statement might incriminate the person.
(5) Further information
Further information obtained as a result of a document, record
or statement produced or information, evidence or answer
given in compliance with a requirement under section 238 or
238AA is not inadmissible on the ground:
(a) that the document, record, statement, information,
evidence or answer had to be produced or given, or
(b) that the document, record, statement, information,
evidence or answer might incriminate the person.
[7] Section 323 Deduction for previous injury or pre-existing
condition or abnormality
Omit section 323 (5).
[8] Section 351 Reference of question of law on compensation claim
to Commission constituted by Presidential member
Insert after section 351 (7):
(8) The President may delegate to a Deputy President any
function of the President under this section (except this power
of delegation), but only if the President is satisfied that the
delegation is necessary to avoid a conflict of interest or the
appearance of bias.
[9] Section 363 Control and direction of members of Commission
Omit the section.
Page 8
Workers Compensation Legislation Amendment Bill 2003
Amendment of Workplace Injury Management and Workers Compensation Schedule 2
Act 1998 No 86
[10] Section 372
Omit the section. Insert instead:
372 Control and direction of members of Commission
(1) The members of the Commission other than the Arbitrators
are, in the exercise of their functions, subject to the general
control and direction of the President.
(2) Arbitrators are, in the exercise of their functions, subject to
the general control and direction of the Registrar.
[11] Section 374 Staff and facilities
Omit "Part 2 of the Public Sector Management Act 1988" from section
374 (1).
Insert instead "Chapter 2 of the Public Sector Employment and
Management Act 2002".
[12] Section 374 (3)
Omit "Public Sector Management Act 1988".
Insert instead "Public Sector Employment and Management Act 2002".
[13] Section 374 (5) and (6)
Insert after section 374 (4):
(5) The Department Head of the Department in which staff of the
Commission are employed may delegate to the Registrar any
of the Department Head's functions under the Public Sector
Employment and Management Act 2002 with respect to those
staff (other than this power of delegation).
(6) For the purposes of section 12 of the Public Finance and
Audit Act 1983, the Registrar is taken to be an officer of the
Department in which staff of the Commission are employed.
[14] Section 375 Constitution of Commission for particular
proceedings
Insert after section 375 (3):
(4) The Registrar does not constitute, and does not exercise
functions as, the Commission (except when acting as an
Arbitrator pursuant to the Registrar's power to exercise the
functions of an Arbitrator).
Page 9
Workers Compensation Legislation Amendment Bill 2003
Schedule 3 Amendment of Occupational Health and Safety Act 2000 No 40
Schedule 3 Amendment of Occupational Health and
Safety Act 2000 No 40
(Section 3)
[1] Section 39A
Insert after section 39:
39A Civil liability under regulations
The regulations may provide that nothing in a specified
provision or provisions of the regulations is to be construed:
(a) as conferring a right of action in any civil proceedings
in respect of any contravention, whether by act or
omission, of the provision or provisions, or
(b) as conferring a defence to an action in any civil
proceedings or as otherwise affecting a right of action
in any civil proceedings,
but the failure of the regulations to so provide in respect of a
provision is not to be construed as conferring such a right of
action or defence.
[2] Section 65 Protection from incrimination
Omit "on that occasion" from section 65 (2) (b).
Insert instead "at an appropriate time".
[3] Section 65 (2A)
Insert after section 65 (2):
(2A) Appropriate time for giving warning about incrimination
An appropriate time for warning a person as referred to in
subsection (2) (b) is any of the following times:
(a) the time when the requirement to make the statement or
to give or furnish the answer or information is made,
(b) in the case of evidence required to be given when
appearing before an inspector, any time after the start of
the appearance before the inspector,
(c) at or about the time immediately before the person
makes the statement or gives or furnishes the answer or
information.
Page 10
Workers Compensation Legislation Amendment Bill 2003
Amendment of Occupational Health and Safety Act 2000 No 40 Schedule 3
[4] Part 5, Division 4, heading
Omit the heading. Insert instead:
Division 4 Incidents at places of work
[5] Section 86 Notification of incidents
Omit "occurrences" from section 86 (1).
Insert instead "incidents".
[6] Section 86 (1) (a) and (b)
Omit the paragraphs. Insert instead:
(a) any serious incident at the place of work (as referred to
in section 87),
(b) any incident occurring at or in relation to the place of
work that the regulations declare to be an incident that
is required to be notified to WorkCover.
[7] Section 86 (2)
Omit the subsection. Insert instead:
(2) Any such notice must be given:
(a) as soon as practicable (but not later than 7 days) after
the occupier becomes aware of the incident, and
(b) in the manner and form required by the regulations.
[8] Section 86 (3)
Omit "a non-disturbance occurrence". Insert instead "a serious incident".
[9] Section 86 (3) (b)
Omit "(for example, by telephone or facsimile)".
[10] Section 86 (3)
Omit "the occurrence" wherever occurring. Insert instead "the incident".
Page 11
Workers Compensation Legislation Amendment Bill 2003
Schedule 3 Amendment of Occupational Health and Safety Act 2000 No 40
[11] Section 86 (3A)
Insert after section 86 (3):
(3A) Despite subsection (1), an occupier is not required to give
notice under this section if the occupier has given notice of the
incident in accordance with section 44 (2) of the Workplace
Injury Management and Workers Compensation Act 1998.
[12] Section 87 Non-disturbance of plant involved in serious incidents
(and of surrounding area)
Omit section 87 (1). Insert instead:
(1) In this section:
serious incident means:
(a) an incident that has resulted in a person being killed, or
(b) any other incident prescribed by the regulations for the
purposes of this definition.
[13] Section 87 (2)
Omit "non-disturbance occurrence" wherever occurring. Insert instead
"serious incident".
[14] Section 87 (5)
Omit "occurrence" wherever occurring. Insert instead "incident".
[15] Section 88 Minister may require and publish special reports into
incidents
Omit section 88 (1). Insert instead:
(1) The Minister may direct WorkCover, or any department of the
Government responsible to the Minister, to prepare a special
report for the Minister with respect to:
(a) any incident that occurred at a place of work and that
caused the death of or bodily injury to any person, or
(b) any incident at a place of work that constituted a danger
to any person.
Page 12
Workers Compensation Legislation Amendment Bill 2003
Amendment of Occupational Health and Safety Act 2000 No 40 Schedule 3
[16] Section 107 Time for instituting proceedings for offences
Omit "Notification of accidents and other matters" from section 107 (2).
Insert instead "Notification of incidents".
[17] Section 109 Evidentiary statements
Omit "accident". Insert instead "incident".
Page 13
Workers Compensation Legislation Amendment Bill 2003
Schedule 4 Amendment of Workers' Compensation (Dust Diseases) Act 1942 No 14
Schedule 4 Amendment of Workers' Compensation
(Dust Diseases) Act 1942 No 14
(Section 3)
[1] Section 8E Reimbursement of compensation from negligent third
parties
Omit "as is prescribed by the regulations" from section 8E (3) (d).
Insert instead "as is provided by Schedule 1A or prescribed by the
regulations".
[2] Section 8E (3) (e)
Omit "as prescribed by the regulations".
Insert instead "as provided by Schedule 1A".
[3] Section 8E (4) (a)
Omit "economic".
[4] Section 8E (4) (d)
Omit "limited to the amount of those damages".
Insert instead "limited to the amount of those damages to the extent that
they are damages for economic loss".
[5] Section 8E (8)(9A)
Omit section 8E (8) and (9). Insert instead:
(8) In a case in which the deduction from damages referred to in
subsection (3) (b) is not apparent or readily ascertainable from
the terms of any judgment or award in respect of the damages,
the amount of the deduction is as determined in accordance
with Schedule 1A.
(9) The regulations may make provision for or with respect to:
(a) the determination of the amount of any deduction from
damages referred to in subsection (3) (b), being
provisions not inconsistent with the provisions of
Schedule 1A, and
(b) requiring (in addition to the requirements of
Schedule 1A) the provision to the board of information
or documents by a person from whom or by whom
Page 14
Workers Compensation Legislation Amendment Bill 2003
Amendment of Workers' Compensation (Dust Diseases) Act 1942 No 14 Schedule 4
damages in respect of disablement or death from a dust
disease are recovered or recoverable, being information
or documents relevant to the determination of any
matter in connection with the operation of this section
or Schedule 1A, and
(c) exempting classes of persons or cases from the
operation of all or specified provisions of this section or
Schedule 1A.
(9A) Schedule 1A has effect for the purposes of this section.
[6] Section 8E (10)
Omit "In this section". Insert instead "In this section and Schedule 1A".
[7] Section 8E (10)
Insert in alphabetical order:
final determination, in relation to proceedings, includes a
final determination by judgment, verdict, award, settlement,
agreement, dismissal, discontinuance or otherwise.
[8] Schedule 1A
Insert after Schedule 1:
Schedule 1AReimbursement of compensation from
negligent third parties
(Section 8E)
1 Application of Schedule
This Schedule applies to proceedings referred to in section 8E
for damages in respect of disablement or death that:
(a) were commenced on or after 1 January 2002, or
(b) were commenced before 1 January 2002 but were not
finally determined before that date.
2 Definitions
In this Schedule:
first person and second person have the same meanings as in
section 8E (3).
Page 15
Workers Compensation Legislation Amendment Bill 2003
Schedule 4 Amendment of Workers' Compensation (Dust Diseases) Act 1942 No 14
3 Notification of final determination of proceedings
(1) A person (the defendant) against whom proceedings to which
this Schedule applies have been taken must notify the board
in writing of any award, judgment, settlement or agreement
resulting in the final determination of the proceedings.
(2) The notification must be given to the board within 28 days
after the final determination.
(3) The notification must be accompanied by the following
documents:
(a) a document or documents that set out the following
particulars:
(i) the name, address and date of birth of the person
who commenced the proceedings (and if more
than one, those particulars for each person),
(ii) a statement as to whether or not the defendant
was sued in the capacity of employer,
(iii) a statement as to whether or not the defendant has
made, or is required to make, any contribution or
other payment in connection with the final
determination of the proceedings,
(iv) the amount and extent of any such contribution or
other payment,
(v) if a contribution or other payment (as referred to
in subparagraphs (iii) and (iv)) has been or is to
be made--a statement as to whether or not an
amount has been deducted from the contribution
or payment as referred to in section 8E (3) (b),
(vi) the amount and extent of any such deduction,
(vii) the names and addresses of all parties to the
award, judgment, settlement or agreement,
(viii) a statement as to whether or not any person
against whom the proceedings were brought
(other than the defendant) has made, or is
required to make, any contribution or other
payment in connection with the final
determination of the proceedings,
(ix) the amount and extent of any such contribution or
other payment,
Page 16
Workers Compensation Legislation Amendment Bill 2003
Amendment of Workers' Compensation (Dust Diseases) Act 1942 No 14 Schedule 4
(x) if a contribution or other payment (as referred to
in subparagraphs (viii) and (ix)) has been or is to
be made--a statement as to whether or not an
amount has been deducted from the contribution
or other payment as referred to in section
8E (3) (b),
(xi) the amount and extent of any such deduction,
(b) a copy (whether in electronic or hard copy form) of the
following documents:
(i) the final statement of claim in the proceedings,
(ii) the final particulars of damage filed by the person
or persons who commenced the proceedings,
(iii) any award, judgment, terms of settlement,
agreement, or other document (such as a deed of
release) evidencing the terms of the final
determination of the proceedings.
(4) It is sufficient compliance with subclause (3) (a) to the extent
that documents provided under subclause (3) (b) contain the
particulars required by subclause (3) (a).
(5) Where there is more than one defendant in proceedings to
which this Schedule applies, each defendant is required to
comply with this clause. In such a case, the board may consent
to a defendant complying with this clause on behalf of other
defendants in the proceedings.
(6) The board may at any time by notice in writing require a
defendant in proceedings to which this Schedule applies to
provide to the board, within 21 days or such longer period as
the board may allow, specified information or documents
concerning the determination of the proceedings.
(7) A person who fails to comply with a requirement imposed by
or under this clause is guilty of an offence.
Maximum penalty: 10 penalty units.
(8) The board may exempt any particular proceedings or class of
proceedings from the requirements as to notification under
this clause. Any exemption given for a class of proceedings is
to be publicised in a manner determined by the board and any
revocation or variation of such an exemption must be
similarly publicised.
Page 17
Workers Compensation Legislation Amendment Bill 2003
Schedule 4 Amendment of Workers' Compensation (Dust Diseases) Act 1942 No 14
4 Determination of amount of compensation
In a case in which the deduction from damages referred to in
section 8E (3) (b) is not apparent or readily ascertainable from
the terms of any judgment or award in respect of the damages,
the amount of the deduction is the amount determined in
accordance with, and subject to, the following principles:
(a) Subject to the following paragraphs, the amount of
compensation (the deducted compensation) taken to
have been deducted from the damages payable by the
second person to the first person is the total of the
following amounts as assessed by the board:
(i) the amount of compensation paid by the board to,
or on behalf of, the first person up to the date of
final determination,
(ii) the present value of future benefits payable by the
board to, or on behalf of, the first person after that
date (where the assessment of those future
benefits is based on the assumption that the
medical condition of the worker as to
disablement and life expectancy will remain
unchanged),
less any reduction required by section 8E (6).
(b) The board may by notice in writing served on the
second person give the second person notice (an
assessment notice) of the amount of the deducted
compensation assessed by the board under paragraph
(a). An assessment notice must include the board's
method of calculation and reasons for the assessment.
Note. When assessing the amount of the deducted
compensation under paragraph (a), the board does not include
any damages for non-economic loss.
(c) If a second person disputes the assessment of an amount
of deducted compensation set out in an assessment
notice, the second person may request that the board
reconsider the assessment (a reconsideration request).
(d) A reconsideration request must:
(i) be in writing in the form approved by the board,
and
(ii) be lodged with the board within 28 days after the
service on the person of the assessment notice.
Page 18
Workers Compensation Legislation Amendment Bill 2003
Amendment of Workers' Compensation (Dust Diseases) Act 1942 No 14 Schedule 4
(e) In reconsidering an assessment, the board may consider
the advice of accountants, actuaries, legal practitioners
and other persons.
(f) Following the reconsideration of the assessment, the
board may:
(i) confirm the original assessment of the amount of
the deducted compensation made under
paragraph (a), or
(ii) if the board considers that a lesser amount of
deducted compensation is appropriate--issue an
amended assessment notice setting out that lesser
amount.
(g) As soon as practicable (and in any event within 28 days)
after the lodgment of a reconsideration request, the
board must notify the second person in writing of the
outcome of the reconsideration. The notification must
include the board's reasons for its decision following
the reconsideration.
(h) The second person is not entitled to make more than one
reconsideration request in relation to an amount of
deducted compensation.
5 Interest
(1) Interest is payable on an amount that the second person is
liable to pay under section 8E (3) (e) at the rate prescribed for
the time being under section 95 (1) of the Supreme Court
Act 1970 for payment of interest on judgment debts.
(2) That interest begins to run from:
(a) in a case in which the deduction from damages referred
to in section 8E (3) (b) is apparent or readily
ascertainable from the terms of any judgment or award
in respect of the damages--the date of expiry of the 42
day period referred to in section 8E (3) (d), or
(b) in any other case:
(i) if the second person has not lodged a
reconsideration request before the expiry of the
28 day period referred to in clause 4 (d) (ii)--the
date of expiry of the 42 day period referred to in
clause 6 (a) (being 42 days after the service of an
assessment notice referred to in clause 4 (b)), or
Page 19
Workers Compensation Legislation Amendment Bill 2003
Schedule 4 Amendment of Workers' Compensation (Dust Diseases) Act 1942 No 14
(ii) if the second person has lodged a reconsideration
request before the expiry of the 28 day period
referred to in clause 4 (d) (ii)--the date of expiry
of the 28 day period referred to in clause 6 (b)
(being 28 days after the second person is notified
by the board of the outcome of the
reconsideration).
(3) If the board has issued an amended assessment notice in
accordance with clause 4 (f) (ii), the amount of interest is to
be calculated on the amount of deducted compensation set out
in that amended notice.
6 Reimbursement period
For the purposes of section 8E (3) (d), in a case in which the
deduction from damages referred to in section 8E (3) (b) is
determined in accordance with clause 4, an amount that the
second person is liable to pay to the board under section 8E
(3) must be paid:
(a) if the second person does not lodge a reconsideration
request before the expiry of the 28 day period referred
to in clause 4 (d) (ii)--within 42 days after the service
of the assessment notice determining the amount of
compensation, or
(b) if the second person lodges a reconsideration request
before the expiry of the 28 day period referred to in
clause 4 (d) (ii)--within 28 days after the second person
is notified by the board of the outcome of the
reconsideration.
[9] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Workers Compensation Legislation Amendment Act 2003 to
the extent that it amends this Act
Page 20
Workers Compensation Legislation Amendment Bill 2003
Amendment of Workers' Compensation (Dust Diseases) Act 1942 No 14 Schedule 4
[10] Schedule 2
Insert after Part 3:
Part 4 Provisions consequent on enactment of
Workers Compensation Legislation
Amendment Act 2003
11 Reimbursement of compensation from negligent third parties
(1) The amendments made to section 8E by the Workers
Compensation Legislation Amendment Act 2003, and
Schedule 1A as inserted by that Act, are taken to have had
effect on and from 1 January 2002.
(2) Any act, matter or thing done or purporting to have been done
under or for the purposes of Part 3 of the Workers'
Compensation (Dust Diseases) Regulation 1998 is, to the
extent that it would have been validly done had it been done
under this Act as amended by the Workers Compensation
Legislation Amendment Act 2003:
(a) is taken to be (and always to have been) validly done,
and
(b) is taken to have been done under and for the purposes
of section 8E as amended by, and Schedule 1A as
inserted by, the Workers Compensation Legislation
Amendment Act 2003.
(3) This clause does not apply in respect of relevant proceedings
referred to in section 8E (3) (a) that are the subject of any
proceedings against the board pending in the Supreme Court
on the date of introduction into Parliament of the Bill for the
Workers Compensation Legislation Amendment Act 2003.
This Act and Part 3 of the Workers' Compensation (Dust
Diseases) Regulation 1998 continue to apply in respect of
those relevant proceedings as if the Workers Compensation
Legislation Amendment Act 2003 had not been enacted.
Page 21
Workers Compensation Legislation Amendment Bill 2003
Schedule 5 Amendment of Workers Compensation (Bush Fire, Emergency and Rescue
Services) Act 1987 No 83
Schedule 5 Amendment of Workers Compensation
(Bush Fire, Emergency and Rescue
Services) Act 1987 No 83
(Section 3)
[1] Section 32 Application of Principal Act and 1998 Act
Insert after section 32 (1) (g):
(h) Division 9 of Part 3,
[2] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1A (1):
Workers Compensation Legislation Amendment Act 2003 to
the extent that it amends this Act
[3] Schedule 1
Insert after Part 3:
Part 4 Workers Compensation Legislation
Amendment Act 2003
4 Commutations
Division 9 of Part 3 of the Principal Act is taken to have had
effect as provided by section 32 (1) of this Act (and subject to
Schedule 6 of the Principal Act in its application to that
Division) on and from the commencement of that Division,
but not so as to affect any claim determined before the
commencement of this clause.
Page 22
Workers Compensation Legislation Amendment Bill 2003
Amendment of Workers' Compensation (Dust Diseases) Regulation 1998 Schedule 6
Schedule 6 Amendment of Workers' Compensation
(Dust Diseases) Regulation 1998
(Section 3)
Part 3 Reimbursement of compensation from negligent third
parties
Omit the Part.
Page 23
Workers Compensation Legislation Amendment Bill 2003
Schedule 7 Amendment of Workers Compensation Legislation Amendment Act 2002
No 124
Schedule 7 Amendment of Workers Compensation
Legislation Amendment Act 2002 No 124
(Section 3)
Schedule 4.3 Occupational Health and Safety Act 2000 No 40
Omit Schedule 4.3.
Page 24
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