New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 37)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:Courts Legislation Amendment Act 1995Workers Compensation Legislation Amendment (Dust Diseases and Other Matters) Act 1998Dust Diseases Tribunal Amendment (Claims Resolution) Act 2005
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or from a later date.
(3) To the extent that a provision referred to in subclause (1) takes effect from a date that is earlier than its date of publication in the Gazette, the provision does not operate:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of the person existing before the date of publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done before the date of publication.
The Rules made under this Act (other than rule 4 of the Dust Diseases Tribunal Rules ) and in force immediately before the commencement of Schedule 4 (13) to the Courts Legislation Amendment Act 1995 are taken to be rules made by the Rule Committee.
The substitution of section 32 by the Courts Legislation Further Amendment Act 1995 does not operate to require leave to appeal against a decision of the Tribunal if, when the decision was made, an appeal lay as of right.
Section 32 as in force before the commencement of Schedule 11 to the Courts Legislation Amendment Act 1998 does not apply to decisions of the Tribunal made before that commencement.
In this Part:
"amending Act" means the Workers Compensation Legislation Amendment (Dust
Diseases and Other Matters) Act 1998 .
(1) The person holding office as Senior Member of the Tribunal immediately before the commencement of the amendment of section 7 by the amending Act is taken to have been appointed as President.
(2) Anything done or omitted to be done by, to or in relation to the Senior Member of the Tribunal is taken to have been done or omitted to be done by, to or in relation to the President.
(3) A reference in any other Act, statutory instrument or other document of any kind to the Senior Member of the Tribunal is taken to be or to include a reference to the President.
(1) Section 12A, which was inserted by the amending Act, applies in relation to causes of action arising before or after the commencement of that section, and extends to proceedings pending at that commencement.
(2) However, section 12A does not apply in relation to a cause of action to the extent that proceedings on the cause of action have been determined before the commencement of that section.
(1) Section 12B, which was inserted by the amending Act, extends so that it applies in relation to the following proceedings:(a) proceedings commenced before the commencement of that section and pending at that commencement,(b) proceedings commenced before the commencement of that section, where the person died before 7 May 1998 and the proceedings:(i) were pending at the date of death, and(ii) were still pending on 7 May 1998,(c) proceedings commenced before the commencement of that section, where the person died on or after 7 May 1998 and the proceedings were pending at the date of death.
(2) Section 12B applies in relation to proceedings commenced after the commencement of that section, whether the cause of action arose before or arises after that commencement.
(3) However, section 12B does not apply in relation to a cause of action to the extent that proceedings on the cause of action have been determined before the commencement of that section.
(1) Section 12C, which was inserted by the amending Act, applies in relation to causes of action arising before or after the commencement of that section.
(2) Section 12C (2) extends to proceedings pending at that commencement, but does not apply to proceedings that have been settled before that commencement.
(1) Section 12D, which was inserted by the amending Act, applies in relation to causes of action arising before or after the commencement of that section, and extends to proceedings pending at that commencement.
(2) However, section 12D does not apply in relation to a cause of action to the extent that proceedings on the cause of action have been determined before the commencement of that section.
(1) Section 25A, which was inserted by the amending Act, applies in relation to causes of action arising before or after the commencement of that section, but does not apply in relation to proceedings pending at that commencement.
(2) Section 25A does not apply to material obtained by discovery or interrogatories before the commencement of that section.
(1) Section 25B, which was inserted by the amending Act, applies in relation to causes of action arising before or after the commencement of that section, but does not apply in relation to proceedings pending at that commencement. However, section 25B does apply to issues that have been or are determined in proceedings pending at the commencement of that section to prevent those issues from being relitigated or reargued, without the leave of the Tribunal, in other subsequent proceedings.
(2) Subject to any rules to the contrary made under section 25B (3), section 25B applies to issues determined before the commencement of that section.
An amendment of section 11 by the Dust Diseases Tribunal Amendment (Claims Resolution) Act 2005 extends to a cause of action that arises before the commencement of the amendment.
Section 25B (1A) as inserted by the Dust Diseases Tribunal Amendment (Claims Resolution) Act 2005 extends to a judgment of the Tribunal in proceedings after the commencement of the amendment even if the earlier proceedings referred to in that subsection were determined before that commencement.
An amendment made by Schedule 1 [4]-[8], [10]-[13] or [15]-[17] of the Dust Diseases Tribunal Amendment (Claims Resolution) Act 2005 extends to proceedings in the Tribunal commenced before the commencement of the amendment.