WORKERS COMPENSATION ACT 1987 - SCHEDULE 6

WORKERS COMPENSATION ACT 1987 - SCHEDULE 6

SCHEDULE 6 – Savings, transitional and other provisions

(Section 282)

Part 1 - Preliminary

1 Definition

In this Schedule--


"cognate Acts" means the Coal Mines Regulation (Workers Compensation) Amendment Act 1987 ; Compensation Court (Amendment) Act 1987 ; Construction Safety (Workers Compensation) Amendment Act 1987 ; Dangerous Goods (Workers Compensation) Amendment Act 1987 ; Defamation (Workers Compensation) Amendment Act 1987 ; Factories, Shops and Industries (Workers Compensation) Amendment Act 1987 ; Industrial Arbitration (Workers Compensation) Amendment Act 1987 ; Mines Inspection (Workers Compensation) Amendment Act 1987 ; Miscellaneous Acts (Workers Compensation) Amendment Act 1987 ; Occupational Health and Safety (Workers Compensation) Amendment Act 1987 ; Police Regulation (Superannuation) (Workers Compensation) Amendment Act 1987 ; Public Health (Workers Compensation) Amendment Act 1987 ; Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 ; Workers' Compensation (Dust Diseases) Amendment Act 1987 .

2 Extended definition of worker (sec 3 (1A))

Section 3 (1A), which was inserted by the WorkCover Legislation Amendment Act 1995 , was inserted to avoid doubt and accordingly the section is taken to apply in respect of any injured worker, including a worker who was injured or died before the commencement of that section, but not so as to affect any decision of a court made before the commencement of that section.

Part 2 - Provisions relating to liability for compensation

1 Application of Act irrespective of date of injury

Subject to this Schedule, Part 2 of this Act applies whether the injury was received before or after the commencement of that Part.

2 Journey claims--changes not to apply to existing injuries

(1) In the case of a personal injury received by a worker before the commencement of section 10 of this Act on a journey to which that section applied before the commencement of the amendments made to that section by Schedule 1 to the Workers Compensation (Amendment) Act 1989 , liability for the payment of compensation shall be determined in accordance with the provisions of section 7 (1) of the former Act instead of that section.

(2) In the case of a personal injury received by a worker after the commencement of section 10 of this Act and before the commencement of Schedule 1 to the Workers Compensation (Amendment) Act 1989 on a journey to which that section applied before the commencement of that Schedule, liability is to be determined in accordance with the provisions of section 10 as in force before the commencement of that Schedule.

(3) Section 10 of this Act continues to apply in respect of personal injury received by a worker before the commencement of the amendments made to that section by the WorkCover Legislation Amendment Act 1996 as if those amendments had not been made.

3 Diseases of gradual process etc--"previous" employers' liability to contribute to compensation under sec 67 of this Act

(1) An employer who is liable under section 15 (2) or 16 (2) of this Act to make contributions to the employer by whom compensation is payable under those sections is not liable to contribute to any compensation payable under section 67 of this Act (Compensation for pain and suffering) in respect of any part of the period of 12 months that occurred before the commencement of that section.

(2) Despite section 17 (1) (d) of this Act, an employer to whom that paragraph applies is not liable to contribute to compensation payable under section 67 of this Act in respect of such part of the relevant period (as defined in section 17 (1) (e) of this Act) as occurred before the commencement of section 67 of this Act.

(3) This clause does not affect any court proceedings which have been determined or commenced before the date of assent to the Workers Compensation Legislation (Miscellaneous Amendments) Act 1994 .

5 Transitional--amendments to secs 15 and 16

The amendments made by Schedule 4 (1), (3) and (4) to the Workers Compensation Legislation Amendment Act 1995 are made for the purpose of avoiding doubt and accordingly those amendments are taken to extend to injuries that happened before the commencement of those amendments, but not so as to affect any decision of a court made before the commencement of those amendments.

6 Transitional--apportionment and contribution

(1) Section 22A and the amendments made to section 22 by Schedule 4 to the Workers Compensation Legislation Amendment Act 1995 extend to a situation where one or more of the injuries concerned was received before the commencement of the Act and one or more of those injuries was received after that commencement, but not to a situation where all the injuries concerned were received before that commencement and not so as to affect any decision of a court made before the commencement of section 22A.

(2) Section 22B extends to injuries received by a worker before the commencement of that section (even before the commencement of this Act), but not so as to affect any decision of a court made before the commencement of that section.

(3) Section 22A (9) (as inserted by the WorkCover Legislation Amendment Act 1995 ) was inserted for the purpose of avoiding doubt and accordingly is taken to have applied from the commencement of section 22A.

7 Restrictions on psychological injury claims

Section 11A (which was inserted by the WorkCover Legislation Amendment Act 1995 ) does not apply to injuries received before the commencement of that section.

8 Deemed employment of workers

(1) The amendments to clause 2 of Schedule 1 made by the WorkCover Legislation Amendment Act 1995 are made for the purpose of avoiding doubt, and accordingly that clause is taken to have been so amended from its own commencement.

(2) However, those amendments do not affect any determination of a court made before the commencement of the amendments.

9 Requirement that employment be substantial contributing factor

(1) Section 9A of this Act, as inserted by the WorkCover Legislation Amendment Act 1996 , does not apply to injuries received before the commencement of that section.

(2) The amendments made to section 11A, 16, 19 and 92 of this Act by Schedule 1.2 to the WorkCover Legislation Amendment Act 1996 do not apply in respect of injuries received before the commencement of the amendments, except as provided by subclause (3).

(3) Section 92 (1C) and (1D) extend to apply to an injury that is a psychological injury within the meaning of section 11A that was received before the commencement of those subsections and after the commencement of section 11A.

(4) In a case where section 16 deems an injury to have happened within 12 months after the commencement of section 9A, sections 16 (2) and 68B (3) are, in their application in respect of any period of employment before the commencement of section 9A, to be read as if a reference in those provisions to employment that was a substantial contributing factor were a reference to employment that was a contributing factor (whether or not a substantial contributing factor).

11 Workers Compensation Legislation Amendment Act 2002

(1) The amendments made by Schedule 1 to the Workers Compensation Legislation Amendment Act 2002 (referred to in this clause as the
"Schedule 1 amendments" ) do not apply in respect of an injury received before the commencement of those amendments, and this Act applies in respect of such an injury as if those amendments had not been made.

(2) If the death of a worker results from both an injury received before the commencement of the Schedule 1 amendments and an injury received after that commencement, the worker is, for the purposes of the application of the Schedule 1 amendments to and in respect of the death of the worker, to be treated as having died as a result of the injury received after that commencement.

(3) If a period of incapacity for work resulted both from injury received before the commencement of the Schedule 1 amendments and an injury received after that commencement, the incapacity is, for the purposes of the application of the Schedule 1 amendments to and in respect of that incapacity for work, to be treated as having resulted from the injury received after that commencement.

(4) The Schedule 1 amendments and subclauses (2) and (3) do not affect the following--

(a) the liability of an employer or insurer in respect of an injury received before the commencement of those amendments, including a liability to make a contribution under section 15, 16 or 17 in respect of compensation payable for an injury received after that commencement,

(b) the apportionment of liability under section 22 in a case where one or more of the injuries concerned were received or suffered before, and one or more received or suffered after, that commencement.

(5) A policy of insurance that an employer has against liability under this Act and that is in force on the commencement of the Schedule 1 amendments covers the employer, for as long as the policy remains in force, for the employer's liability under this Act as amended by the Schedule 1 amendments.

Part 2A - (Repealed)

Part 3 - Provisions relating to compensation payable on death

1 Application of Act irrespective of date of death

Subject to this Schedule, Division 1 of Part 3 of this Act applies whether the death occurred before or after the commencement of that Division.

2 Amount of compensation--former Act applies in the case of deaths resulting from injuries received before commencement of Act

(1) The amount of compensation payable under Division 1 of Part 3 of this Act shall, if the death results from an injury received before the commencement of that Division, be the amount (if any) payable under the former Act.

(2) If the worker dies after the commencement of Division 1 of Part 3 of this Act as a result of such an injury, the amount payable under section 8 (1) (a) of the former Act shall be $76,700.

(3) A weekly payment of compensation in respect of a dependent child of a worker who dies as a result of such an injury shall, if it is payable after the commencement of Division 1 of Part 3 of this Act--

(a) be payable under that Division, and

(b) be determined as if the amount payable in respect of a dependent child who is wholly dependent for support on the worker is $38.30 per week.

(4) Division 6 of Part 3 of this Act (Indexation of amounts of benefits) applies as if the amounts of $76,700 and $38.30 were adjustable amounts.

(5) An agreement or determination under section 8 (2) of the former Act with respect to any such weekly payment applies for the purpose of section 26 of this Act (Death of worker leaving partial dependants).

(6) If the death of a worker results from both an injury received before the commencement of Division 1 of Part 3 of this Act and an injury received after that commencement, the worker shall, for the purposes of determining the amount of compensation payable in accordance with this clause, be treated as having died as a result of the injury received after that commencement.

3 Apportionment between dependants

Sections 29 and 30 of this Act apply to compensation payable under section 8 of the former Act and to any previous apportionment under section 59 of the former Act.

Part 4 - Provisions relating to weekly payments of compensation

1 Application of Act irrespective of date of injury

Subject to this Schedule, Division 2 of Part 3 of this Act applies whether the injury was received before or after the commencement of that Division.

2 Definition of "first 26 weeks of incapacity"

For the purposes of section 34 of this Act, a period of incapacity for work shall be taken into account in determining the first 26 weeks of incapacity of a worker even though it occurred before the commencement of that section.

3 Previous incapacity--former Act to apply

The amount of the weekly payment of compensation in respect of any period of total or partial incapacity for work which occurred before the commencement of Division 2 of Part 3 of this Act shall be the amount (if any) payable under the former Act.

4 Former Act applies to weekly payments continuing after commencement in respect of existing injuries

(1) A weekly payment of compensation payable under Division 2 of Part 3 of this Act in respect of any period of incapacity for work occurring after the commencement of that Division shall, if it resulted from an injury received before that commencement, be determined as follows--

(a) section 35 (Maximum weekly payment) does not apply,

(b) section 37 (Weekly payment during total incapacity--after first 26 weeks) applies as if--

(i) the amount of $44.80 per week were payable in respect of a dependent spouse (including wife or husband) or dependent de facto spouse or other family member of the worker under section 37 (1) (b), and

(ii) the amount of $22.50 per week were payable in respect of each dependent child or dependent brother or sister of the worker under section 37 (1) (c),

(c) section 11 (1) of the former Act applies instead of section 40 of this Act (but the maximum weekly payment for partial incapacity for work shall not exceed the amount payable under this clause for total incapacity for work),

(d) section 12 of the former Act applies instead of section 39 of this Act,

(e) section 13 of the former Act applies instead of section 46 of this Act.

(2) Division 6 of Part 3 of this Act (Indexation of amounts of benefits) applies as if the amounts of $44.80 and $22.50 were adjustable amounts.

(3) If a period of incapacity for work resulted both from injury received before the commencement of Division 2 of Part 3 of this Act and an injury received after that commencement, the incapacity shall, for the purposes of determining the amount of compensation payable in accordance with this clause and for the purposes of clause 6, be treated as having resulted from the injury received after that commencement.

4A Post-26 week payments covered by the former Act not affected by the Workers Compensation (Benefits) Amendment Act 1991

(1) This clause applies to a period of incapacity for work occurring after the date of commencement of the Workers Compensation (Benefits) Amendment Act 1991 --

(a) if the incapacity results from an injury received before the commencement of Division 2 of Part 3 of this Act, or

(b) in the case of a worker of the kind referred to in Part 18 (Special provision relating to coal miners) of this Schedule, if the incapacity results from an injury received before or after the commencement of Division 2 of Part 3 of this Act.

(2) For the purpose of determining the weekly payment of compensation in respect of a period of incapacity to which this clause applies (whether clause 4 or 5 of Part 4 of this Schedule applies to the case), section 37 of this Act applies--

(a) as if the amount of $235.20 in section 37 (1) (a) (i) were $196.00, and

(b) as if the amount of $187.10 in section 37 (1) (a) (ii) were $155.90, and

(c) as if the amount of $170.00 in section 37 (1) (a) (iii) were $141.60 and the amount of $153.00 in that subparagraph were $127.50.

(3) Division 6 of Part 3 of this Act applies as if the amounts of--

(a) $196.00, and

(b) $155.90, and

(c) $141.60 and $127.50,

were adjustable amounts.

(4) The Workers Compensation (Savings and Transitional) Regulation 1992 is repealed.

(5) This clause does not apply for the purposes of the Workers' Compensation (Dust Diseases) Act 1942 .

(6) Subclause (5) is taken to have commenced on the commencement of this clause.

5 Continuation of operation of sec 11 (2) of former Act

Section 11 (2) of the former Act applies (instead of section 38 of this Act) for the purpose of determining the weekly payment of compensation in respect of any period of incapacity for work occurring after the commencement of Division 2 of Part 3 of this Act and resulting from an injury received before that commencement.

5A Continued operation of 1987 version of sec 38 (1)-(5) for injuries before 30 June 1989 and incapacity before 1993 amending Act

(1) In this clause--


"the 1989 amending Act" means the Workers Compensation (Benefits) Amendment Act 1989 .


"the 1994 amending Act" means the Workers Compensation Legislation (Amendment) Act 1994 .

(2) This clause applies to a period of incapacity for work (whether occurring before or after 4.00 pm on 30 June 1989), if the incapacity results from an injury received before that time.

(3) However, this clause does not apply to--

(a) a period of incapacity for work to which clause 5 applies (that is, incapacity from an injury received before the commencement of this Act), or

(b) a period of incapacity for work occurring after the commencement of the amendments to section 38 of this Act by the 1994 amending Act (except in respect of the continued application under this clause of the maximum total period for which a worker may be compensated in accordance with section 38).

(4) For the purpose of determining the weekly payment of compensation in respect of a period of incapacity for work to which this clause applies--

(a) section 38 (1)-(7) of this Act (as in force immediately before the commencement of Schedule 2 (2) to the 1989 amending Act) continues to apply, and

(b) for the purposes of paragraph (a), section 38 (as so in force) applies as if--

(i) the word "immediately" in section 38 (2) (a) and (c) were omitted, and

(ii) the words "wholly or mainly because of the injury" in section 38 (4) were omitted, and

(iii) section 38 (4) (b)-(d) were omitted, and

(iv) the words in section 38 (7) (b) after "separate periods" were omitted.

(5) If a period of incapacity for work results both from an injury received before 4.00 pm on 30 June 1989 and an injury received at or after that time, the incapacity is, for the purpose of determining the amount of the weekly payment of compensation (if any) payable under section 38 of this Act, to be treated as having resulted from the injury received at or after that time.

(6) The Workers Compensation (Savings and Transitional) Regulation 1989 is repealed.

5B Operation of 1994 amending Act (secs 38, 38A, 40, 40A, 43, 43A)--injuries before 1994 amending Act

(1) In this clause,
"the 1994 amending Act" means the Workers Compensation Legislation (Amendment) Act 1994 .

(2) The amendments made by the 1994 amending Act to sections 38, 38A, 40, 40A, 43 and 43A of this Act apply to any period of incapacity for work occurring after (but not before) the commencement of those amendments (whether the incapacity results from an injury received before or after that commencement), except as provided by this clause.

(3) In the case of a period of incapacity for work resulting from an injury received before the commencement of those amendments--

(a) when determining the different rates of compensation payable under section 38 of this Act (as amended by the 1994 amending Act) on the expiration of particular periods of incapacity, any period of incapacity occurring before the commencement of those amendments is not to be disregarded and, accordingly, is to be taken into account in determining the rate of compensation payable for the balance of any such period of incapacity occurring after that commencement, and

(b) the maximum total period for which a worker may be compensated in accordance with section 38 of this Act is to be 52 weeks instead of 104 weeks but only if the injury was received before 1 February 1992, and

(c) if the rate of compensation for a period of incapacity to which section 38 applies would be higher if the 1994 amending Act had not been enacted, the rate is to be determined as if the amending Act had not been enacted.

(4) Sections 38, 38A, 40 and 43 of this Act (as in force immediately before the commencement of the amendments to those sections by the 1994 amending Act) continue to apply to periods of incapacity for work occurring before the commencement of those amendments if the incapacity results from an injury received at or after 4.00 pm on 30 June 1989, except as provided by this clause.

(5) Section 38 of this Act continues to apply, as referred to in subclause (4), as if section 38 (7A) and (7B) were omitted.

(6) If a period of incapacity for work results both from an injury received before a relevant date and an injury received on or after that date, the incapacity is, for the purpose of determining the amount of the weekly payment of compensation (if any) payable under section 38 or 40 of this Act, to be treated as having resulted from the injury received on or after that date. The relevant date for the purposes of subclause (3) (b) is 1 February 1992 and for any other purpose is the date of commencement of the amendment concerned.

(7) This clause does not apply to a period of incapacity to which clause 5 or 5A applies.

5C Operation of regulation relating to form of medical certificates under sec 38

(1) Clause 10 (2) of the Workers Compensation (General) Regulation 1987 (as inserted by the Regulation published in the Gazette of 1 May 1992) extends to medical certificates supplied by a worker before 1 May 1992.

(2) A medical certificate that is in or to the effect of a form that was prescribed under the Workers Compensation (General) Regulation 1987 for the purposes of section 38A (2) (b) is taken to be in a form approved by the Authority for the purposes of that subsection.

5D Operation of 1998 amending Act

(1) Definition In this clause,
"the 1998 amending Act" means the Workers Compensation Legislation Amendment Act 1998 .

(2) The amendments made to section 38 of this Act by the Workers Compensation Legislation Amendment Act 1998 do not apply to a worker in respect of any period of incapacity after the commencement of those amendments that results from an injury before that commencement if the worker was in receipt of compensation in accordance with that section before that commencement for any period of incapacity resulting from that injury.

(3) Reducing s 40 benefit where suitable employment refused Subsections (2A) and (2B) of section 40, as inserted by the 1998 amending Act, apply to any period of incapacity for work (and to any unreasonable rejection of suitable employment) occurring after (but not before) the commencement of those subsections (whether the incapacity results from an injury received before or after that commencement).

6 Redemptions under former Act for existing injuries

(1) Section 15 of the former Act continues to apply to a liability in respect of a weekly payment of compensation for a period of incapacity for work resulting from an injury received before the commencement of Division 2 of Part 3 of this Act.

(3) Section 15 (1A) of the former Act also applies to a liability under Division 3 or 4 of Part 3 of this Act.

(4) Section 18C (27)-(29) of the former Act continues to apply to a liability referred to in subclause (1).

6A Commutations under section 51 for injuries received before 1998 amending Act

(1) In this clause,
"the 1998 amending Act" means the Workers Compensation Legislation Amendment Act 1998 .

(2) Section 51, as amended by the 1998 amending Act, applies to the commutation of a liability arising in respect of an injury received before or after the commencement of those amendments.

(3) However, the regulations may limit the circumstances in which a liability arising in respect of an injury received before the private insurance start time may be commuted and may make other modifications to the operation of that section in respect of the commutation of any such liability.

6B Amendment to section 51 by 1998 amending Act--savings

(1) In this clause,
"the section 51 amendment" means the amendment made to section 51 (9) of this Act by the Workers Compensation Legislation Amendment Act 1998 .

(2) The section 51 amendment does not affect established procedure (in accordance with relevant decisions of courts of competent jurisdiction) with respect to the operation of section 51 of this Act, namely, that the commutation of a liability to pay weekly compensation by the payment of a lump sum determined by the Compensation Court is not a payment of compensation to which a worker is entitled but a payment that the employer may make with the consent of the worker in order to commute that liability.

(3) This clause applies whether the liability that is to be commuted arose before or after the commencement of this clause.

(4) Section 51 is taken to be amended to the extent (if any) as is necessary for the purposes of giving effect to this clause.

7 Current weekly wage rate applicable to certain workers incapacitated for work

(1) This clause applies to a worker who became entitled to receive weekly payments in respect of incapacity for work before the commencement of Schedule 1 (5) to the Workers Compensation (Benefits) Amendment Act 1991 and who, immediately before becoming so entitled, was not a worker to whom section 42 (1) (a), (b) or (c) of this Act applied.

(2) A reference in Division 2 of Part 3 of this Act to the current weekly wage rate of a worker to whom this clause applies is a reference to--

(a) the rate of $341.30 per week, or

(b) if some other rate is prescribed by the regulations for the purposes of this paragraph--that other rate.

(3) This clause is to be read subject to section 42 of this Act.

(4) Division 6 of Part 3 of this Act (Indexation of amounts of benefits) applies as if the amount of $341.30 were an adjustable amount.

8 Refund and other adjustments of weekly payments--amendments to sec 58 of this Act

(1) The amendments to section 58 of this Act (Refund of weekly payments paid after return to work etc) made by Schedule 2 (2) to the Workers Compensation Legislation (Miscellaneous Amendments) Act 1994 extend to weekly payments of compensation made before the date of assent to that Act. However, those amendments do not apply to enable an order under that section (as so amended) to be made in respect of any case in which a court has, before that date, made or refused to make an order in the circumstances referred to in that section (as so amended) or to enable an order to be made in respect of court proceedings commenced before that date.

(2) The amendments to section 58 of this Act by Schedule 12 (17) and (18) to the Workers Compensation Legislation Amendment Act 1995 extend to weekly payments of compensation made before the commencement of those amendments. However, those amendments do not apply to enable an order under that section (as so amended) to be made in respect of any case in which a court has, before that commencement, made or refused to make an order in the circumstances referred to in that section (as so amended) or to enable an order to be made in respect of court proceedings commenced before that commencement.

(3) Section 58 (6) of this Act (as inserted by the WorkCover Legislation Amendment Act 1997 ) extends to weekly payments of compensation made before the commencement of that subsection and to a conviction for an offence committed before the commencement of that subsection. However, that subsection does not apply to enable an order under that section to be made in respect of a conviction for an offence in proceedings commenced before the commencement of that subsection.

9 Apportionment, contribution and recoveries--commuted compensation

Section 51 (9) (as inserted by the Workers Compensation Legislation Amendment Act 1995 ) extends to apply to a payment of a lump sum made before the commencement of that subsection, but not so as to affect any decision made by a court before that commencement.

10 Indexation of average weekly earnings

The amendments made by Schedule 8 (3), (4) and (5) to the Workers Compensation Legislation Amendment Act 1995 apply for the purposes of weekly payments of compensation in respect of any period of incapacity for work occurring after the commencement of that Schedule even if the incapacity resulted from an injury received before that commencement.

11 Transitional--sec 37 (1A)

Section 37 (1A), as inserted by Schedule 8 (2) to the Workers Compensation Legislation Amendment Act 1995 , does not apply in respect of injuries received before the commencement of that subsection.

12 Information to be provided at request of workers

An amendment made to section 43 by the WorkCover Legislation Amendment Act 1995 does not apply to a request made by a worker under that section before the commencement of the amendment.

13 Refund of weekly payments--amendments to sec 55 of this Act

The amendment to section 55 (Review of weekly payments) of this Act made by the WorkCover Legislation Amendment Act 1995 extends to weekly payments of compensation made before the commencement of the amendment. However, the amendment does not apply to enable an order under that section (as so amended) to be made in respect of any case in which a court has, before that commencement, made or refused to make an order in the circumstances referred to in that section (as so amended) or to enable an order to be made in respect of court proceedings commenced before that commencement.

14 Discontinuation of weekly payments after 2 years

(1) Section 52A (as inserted by the WorkCover Legislation Amendment Act 1996 ) applies only to compensation payable in respect of an injury received after the commencement of that section, except as provided by this clause.

(2) Section 52A extends to the compensation payable in respect of an injury received before that commencement (but after the commencement of this Act), subject to the following--

(a) A payment discontinuation notice must not be given until the person liable to make the weekly payments has given the worker a notice (a
"preliminary notice" ) informing the worker about the existence and effect of section 52A and alerting the worker to the possible application of that section to the worker.

(b) The earliest that a preliminary notice can be given to the worker is when the worker would still have to receive at least 52 weeks of weekly payments of compensation in order to bring the total number of weeks of weekly payments received by the worker (both before and after that commencement) to 104 (even if this would result in the worker receiving the payments for more than 104 weeks).

(c) The preliminary notice is to contain such information and be in such form (if any) as the regulations may prescribe or, subject to the regulations, as the Authority may from time to time approve and notify to insurers and self insurers.

(d) The earliest that a payment discontinuation notice under section 52A (3) can be given to a worker is--

(i) after a period in respect of which the worker has received or is entitled to receive at least 40 weeks of weekly payments since the preliminary notice was given, and

(ii) at least 12 weeks before the end of the period of 104 weeks referred to in paragraph (b),

even if this would result in the worker receiving the payments for more than 104 weeks.

(e) For the purposes of the determination of the period of 104 weeks referred to in paragraphs (b) and (d), a worker is presumed to have received no more than 52 weeks of weekly payments before that commencement, with the result that if a worker received more than 52 weeks of weekly payments before that commencement the number of weekly payments in excess of 52 is to be disregarded.

(f) In the case of any period of incapacity for work to which clause 5A (2) or 5B (4) of Part 4 of Schedule 6 applies, section 52A (2) (a) is to apply as if it read as follows--

(a) the worker is partially incapacitated for work, is not suitably employed, has not yet exhausted his or her entitlement to compensation under section 38 and either--

(i) the worker's employer has not failed to provide suitable employment, or

(ii) the worker's employer has failed to provide suitable employment but the worker is not seeking suitable employment or receiving rehabilitation training,

as determined in accordance with section 38 as applicable to the case under clause 5A or 5B of Part 4 of Schedule 6.

(3) Section 52A does not apply in any of the following cases--

(a) a case where the worker is receiving or entitled to receive weekly payments of compensation under a court award made before the commencement of that section,

(b) a case where court proceedings in which the worker is claiming weekly payments of compensation for which the employer or insurer has denied liability (including proceedings on an application for a determination under section 51 where there has been such a denial) are pending as at the commencement of that section,

(c) a case where court proceedings on an application for a determination under section 51 are pending as at the commencement of section 52A and the employer or insurer has not denied liability to make weekly payments of compensation, but only if approval under section 51 (1) (c) has been given before that commencement.

(4) The giving of a preliminary notice does not constitute an admission of liability by an employer or insurer under this Act or independently of this Act.

(5) The regulations may provide that this clause or specified provisions of this clause do not apply in specified cases or classes of cases.

15 Discontinuation of weekly payments after 2 years--application of 1998 amendments

(1) The amendments to section 52A made by the Workers Compensation Legislation Amendment Act 1998 apply to the discontinuation of payments of weekly compensation after the commencement of those amendments, whether the incapacity results from an injury received before or after that commencement and whether all or any part of the 104 weeks of incapacity for work referred to in that section occurred before that commencement.

(2) This clause is subject to the regulations under Part 20 of this Schedule and the regulations under the 1998 Act.

Part 5 - Provisions relating to compensation for medical, hospital and rehabilitation expenses

1 Application of Act irrespective of date of treatment or service

Subject to this Schedule, Division 3 of Part 3 of this Act applies whether the medical or related treatment or the hospital treatment was given, or the ambulance service was provided, before or after the commencement of that Division.

2 Maximum amounts for previous treatment and service

Notwithstanding clause 1, the maximum amount prescribed in respect of any compensation payable under Division 3 of Part 3 of this Act shall, if the treatment was given or the service provided before the commencement of that Division, be the relevant maximum amount in force under the former Act.

3 New items of treatment or service

Any treatment which was given or service provided before the commencement of Division 3 of Part 3 of this Act and for which compensation was not payable under the former Act does not (because of clause 1) become a treatment or service for which compensation is payable under this Act.

4 Associated travel expenses

A reference in clauses 1-3 to any treatment or service includes a reference to travel expenses referred to in section 60 (2) of this Act that are associated with any such treatment or service.

5 Approvals under sec 10 of former Act continued

An approval under section 10 of the former Act and in force immediately before the repeal of that section shall be deemed to be an approval under Division 3 of Part 3 of this Act.

7 Public hospital rates of treatment

(1) Until the regulations otherwise provide, the amount for which an employer is liable in respect of hospital treatment of a worker at a public hospital is (after the commencement of the 1989 Amending Act) the amount prescribed under section 62 (2)-(4) as in force immediately before that commencement.

(2) A reference in this clause to the commencement of the 1989 Amending Act is a reference to the commencement of Schedule 8 (4) to the Workers Compensation (Benefits) Amendment Act 1989 .

8 Occupational rehabilitation services

The amendments made to Division 3 of Part 3 of this Act by Schedule 4 (4)-(7) to the Workers Compensation (Benefits) Amendment Act 1989 --

(a) do not apply to occupational rehabilitation services provided before the commencement of Schedule 4 (4)-(7) to that Act, and

(b) do not affect compensation payable for medical or related treatment, or hospital treatment, given before that commencement.

9 Worker's liability for expenses above applicable rates

Section 60A (which was inserted by the WorkCover Legislation Amendment Act 1995 ) and the amendment made to section 63A by that Act do not apply to medical or related treatment, hospital treatment or occupational rehabilitation services given or provided before the commencement of section 60A.

10 New procedure for fixing rates etc--1998 amending Act

The regulations in force under sections 60A- 64A, immediately before the commencement of the amendments made to those sections by the Workers Compensation Legislation Amendment Act 1998 , continue in force until the commencement of the relevant orders made by the Authority that fix or determine the matters for which those regulations were made.

Part 6 - Provisions relating to compensation for non-economic loss

1 Act applies irrespective of date of injury

Subject to this Schedule, Division 4 of Part 3 of this Act applies whether the injury was received before or after the commencement of that Division.

2 Pain and suffering--does not apply to existing injuries

(1) Clause 1 does not apply to section 67 of this Act (Compensation for pain and suffering) and that section applies only to pain and suffering in respect of injuries received after the commencement of Division 4 of Part 3 of this Act.

(2) To avoid doubt, section 67 of this Act applies to pain and suffering resulting from injuries to which section 15, 16 or 17 of this Act applies to the extent only to which any such injury is deemed under those provisions to have happened after the commencement of Division 4 of Part 3 of this Act. However, this subclause does not affect any court proceedings which have been determined or commenced before the date of assent to the Workers Compensation Legislation (Miscellaneous Amendments) Act 1994 .

(3) To avoid doubt, if a loss mentioned in the Table to Division 4 of Part 3 of this Act results both from an injury received before the commencement of that Division and an injury received after that commencement, the part of the loss resulting from the injury received before that commencement is not to be taken into account for the purposes of determining under section 67 (2) of this Act whether section 67 applies to the loss (whether or not compensation has been paid or is payable under section 16 of the former Act for that part of the loss).

3 Compensation for loss not payable if awarded or paid under former Act--occupational diseases

Compensation is not payable to a worker who has suffered a loss of a thing mentioned in the Table to Division 4 of Part 3 of this Act (being an occupational disease within the meaning of section 71 of this Act) if compensation for the loss was awarded to the worker, or the worker received or agreed to receive compensation for the loss, in accordance with section 16 of the former Act.

3A Determination of amount of compensation for existing occupational diseases not compensated before commencement of Act

(1) This clause applies to a loss of a thing as the result of an injury received before the commencement of Division 4 of Part 3 of this Act, being--

(a) a loss which is an occupational disease within the meaning of section 71 of this Act, and

(b) a loss for which the worker concerned had not, before that commencement, been awarded, or received or agreed to receive, compensation in accordance with section 16 of the former Act.

(2) If any such loss is taken (by section 15, 16, 17 or any other provision of this Act) to have happened before the commencement of Division 4 of Part 3 of this Act, the amount of compensation payable for the loss under that Division is to be determined as if the relevant maximum amount under section 66 (1) of this Act were the maximum amount applicable on the commencement of that Division (namely, $80,000).

(3) This clause is enacted to avoid doubt and, accordingly, is taken to have applied from the commencement of Division 4 of Part 3 of this Act.

3AA Compensation for further losses--occupational diseases

(1) If compensation has been paid or has become payable under section 16 of the former Act for a loss of a thing (being an occupational disease within the meaning of section 71 of this Act), section 71 applies to the determination of compensation under Division 4 of Part 3 of this Act for a further loss of that thing regardless of whether the description of the loss in section 16 of the former Act differs from the corresponding description of the loss in the Table to Division 4 of Part 3.

(2) This clause is enacted to avoid doubt and, accordingly, is taken to have applied from the commencement of Division 4 of Part 3 of this Act.

4 Compensation for loss (except occupational diseases) payable under former Act for existing injury

The amount of compensation payable to a worker who has suffered a loss of a thing mentioned in the Table to Division 4 of Part 3 of this Act (not being an occupational disease within the meaning of section 71 of this Act) shall be determined in accordance with section 16 of the former Act instead of Division 4 of Part 3 of this Act if the loss resulted from an injury received before the commencement of that Division.

5 Compensation not payable in respect of new item if it resulted from existing injury

Compensation is not payable to a worker who has suffered a loss or impairment of a thing mentioned in the Table to Division 4 of Part 3 of this Act if--

(a) it resulted from an injury received before the commencement of that Division, and

(b) it is not a loss or impairment for which compensation was payable under section 16 of the former Act.

5A Compensation for further loss of hearing--special provision

(1) For the purposes of clause 5 (b), partial loss of hearing of both ears is to be treated as a loss or impairment for which compensation was payable under section 16 of the former Act (even though that section provided compensation only for partial loss of hearing of one ear).

(2) A loss of hearing (resulting from an injury received before the commencement of Division 4 of Part 3 of this Act) is, if it involved a partial loss of hearing of both ears, to be treated as a proportionate loss of hearing of both ears for the purposes of--

(a) calculating the compensation payable for the loss of hearing (if the worker has not been awarded, and has not received or agreed to receive, compensation for the loss), or

(b) calculating the compensation payable for a further loss of hearing (if the worker has been awarded, or has received or agreed to receive, compensation for the previous loss of hearing).

(3) If a worker, before the commencement of this clause, has suffered a further loss of hearing (being a partial loss of hearing of both ears) and has been awarded or has received or agreed to receive compensation for that further loss that was (for the purposes of calculating the compensation payable) treated as a loss of hearing of one ear under the Table to Division 4 of Part 3 of this Act, nothing in this clause entitles the worker to additional compensation for that further loss.

6 Loss resulting both from existing injury and from injury received after commencement of this Act

(1) If a loss mentioned in the Table to Division 4 of Part 3 of this Act resulted both from an injury received before the commencement of that Division and an injury received after that commencement, the loss shall, for the purposes of determining the amount of compensation payable in accordance with this Part and this Schedule, be treated as having resulted from the injury received after that commencement.

(2) However, no compensation is payable in accordance with this Part and this Schedule for the part of the loss resulting from the injury received before that commencement whether or not compensation has been paid or is payable under section 16 of the former Act for that part of the loss.

(2A) The amendment made to subclause (2) by the WorkCover Legislation Amendment Act 1995 is made to avoid doubt and, accordingly, is taken to have applied from the commencement of Division 4 of Part 3 of this Act. The amendment extends to court proceedings commenced but not finally determined before the commencement of the amendment but does not affect any award of compensation made before that commencement or any compensation that a worker has received or agreed to receive before that commencement.

(3) Subclause (2) is enacted to avoid doubt and, accordingly, is taken to have applied from the commencement of Division 4 of Part 3 of this Act. However, subclause (2) does not affect any court proceedings determined or commenced before the date of assent to the Workers Compensation Legislation Amendment Act 1995 .

7 Interpretation of "Table of Disabilities"

(1) The amendments to Division 4 of Part 3 of this Act made by Schedule 2 (3)-(5) to the Workers Compensation Legislation (Miscellaneous Amendments) Act 1994 and Schedule 7 (1) and (2) to the Workers Compensation Legislation Amendment Act 1995 are made for the purpose of avoiding doubt, and accordingly that Division is taken to have been so amended from the commencement of this Act.

(2) However, an amendment made by Schedule 2 (5) (d) to the Workers Compensation Legislation (Miscellaneous Amendments) Act 1994 or Schedule 7 (1) to the Workers Compensation Legislation Amendment Act 1995 does not affect--

(a) any award of compensation made before the date of commencement of the amendment, or

(b) any compensation that a worker has received or agreed to receive before that date, or

(c) any award of, or compromise or settlement of a claim for, damages made before that date, or

(d) any court proceedings commenced by a worker for damages from the worker's employer (or other person referred to in section 150 of this Act) before that date.

8 Apportionment, contribution and prior injuries

(2) The amendment made to section 17 by Schedule 4 (6) to the Workers Compensation Legislation Amendment Act 1995 is made for the purpose of avoiding doubt, and accordingly section 17 is taken to have been so amended from the commencement of this Act (but not so as to affect any decision made by a court before commencement of the amendment).

9 No compensation for less than 6% hearing loss

(1) Section 69A (which was inserted by the WorkCover Legislation Amendment Act 1995 ) extends to apply to any claim for compensation for loss of hearing made on or after 10 November 1995 even if the injury concerned was received before that date, but does not apply to--

(a) a claim for compensation made before that date, or

(b) court proceedings commenced before that date.

(2) In determining the extent of a worker's hearing loss for the purposes of section 69A, hearing loss suffered before the commencement of that section is to be taken into account.

(3) Section 69A does not affect--

(a) any award of, or compromise or settlement of a claim for, damages made before the commencement of this clause, or

(b) any court proceedings commenced by a worker for damages from the worker's employer (or other person referred to in section 150) before the commencement of this clause.

(4) The amendments made to sections 69A and 69B by the WorkCover Legislation Amendment Act 1996 are taken to have had effect on and from the commencement of those sections.

10 Compensation for pain and suffering resulting from loss rather than injury

Section 67 (1A) (which was inserted by the WorkCover Legislation Amendment Act 1995 ) is inserted for the purpose of avoiding doubt and accordingly that subsection is taken to have been so inserted from the commencement of this Act, but not so as to affect any decision of a court made before the commencement of the subsection or any compensation that a worker has received or agreed to receive before that commencement.

11 HIV, AIDS and bowel injuries

The amendments made to Division 3 of Part 4 by the WorkCover Legislation Amendment Act 1995 with respect to HIV infection, AIDS, and permanent loss of bowel function do not apply to injuries received before the commencement of the amendments.

12 Limit on costs recovery after offer of settlement

(1) Section 119 (which was inserted by the WorkCover Legislation Amendment Act 1995 ) does not apply to an offer of settlement, or request for particulars, as referred to in that section made before the commencement of that section.

(2) Section 119 extends to an offer of settlement, or request for particulars, as referred to in that section made after the commencement of that section even if the offer or request relates to a claim for compensation made before the commencement of that section.

13 Cessation of indexation of amounts under secs 66 and 67

Sections 66 and 67 continue to apply in respect of an injury received before the commencement of this clause (as inserted by the WorkCover Legislation Amendment Act 1995 ) as if the amendments made by that Act to the dollar amounts specified in those sections, and to sections 79 and 81, had not been made.

14 Lump sum compensation agreements

The amendments made to section 66A by the WorkCover Legislation Amendment Act 1995 extend to agreements with respect to compensation made before the commencement of the amendments.

15 Proceedings for award of agreed compensation

Section 66B (which was inserted by the WorkCover Legislation Amendment Act 1995 ) extends to agreements with respect to compensation made before the commencement of the amendments, but not so as to affect court proceedings pending at the commencement of that section.

16 Agreements as to proportion of compensation under sec 67 payable

Section 67 (4A) (which was inserted by the WorkCover Legislation Amendment Act 1995 ) is inserted for the avoidance of doubt and accordingly is taken to have had effect from the commencement of this Act.

17 Special provisions for back, neck and pelvis impairment

Section 68A (which was inserted by the WorkCover Legislation Amendment Act 1995 ) is inserted for the avoidance of doubt and accordingly is taken to have had effect from the commencement of this Act, but not so as to affect--

(a) any award of compensation made before the date of commencement of the section, or

(b) any compensation that a worker has received or agreed to receive before that date, or

(c) any award of, or compromise or settlement of a claim for, damages made before the commencement of the section, or

(d) any court proceedings commenced by a worker for damages from the worker's employer (or other person referred to in section 150) before the commencement of the section.

18 Reduction in lump sum compensation amounts--1996 amendments

(1) Despite sections 66 (3) and 67 (6), the compensation payable under section 66 or 67 in respect of any injury received before the commencement of the amendment of those sections by the WorkCover Legislation Amendment Act 1996 where no claim for compensation under either section 66 or 67 in respect of the injury was duly made by the worker before that commencement is to be calculated by reference to the requisite percentage of the amounts in force under the relevant section immediately after its amendment by that Act.

(2) If proceedings are pending before the Compensation Court on a claim for compensation under section 66 or 67, a claim for that compensation is taken not to have been made before the commencement of the amendments to which this clause applies if--

(a) no claim for that compensation was duly made before the commencement of those amendments, or

(b) the worker did not, before the commencement of those amendments, give the employer particulars (including, in the case of a claim for compensation under section 66, a supporting medical report) sufficient to enable the employer to ascertain the nature and amount of the compensation claimed.

(3) If this clause results, in a particular case, in a greater amount of compensation being payable in that case than would have been the case in the absence of this clause, this clause does not apply in that particular case.

19 Deduction for previous injuries and pre-existing conditions and abnormalities

(1) The amendments made by the WorkCover Legislation Amendment Act 1996 that amended sections 68 and 68A and repealed section 71 are taken to have had effect from the commencement of this Act, but not so as to affect--

(a) any award of compensation made before the date of commencement of the amendments, or

(b) any compensation that a worker has received or agreed to receive before that date, or

(c) any award of, or compromise or settlement of a claim for, damages made before that date, or

(d) any court proceedings commenced by a worker for damages from the worker's employer (or other person referred to in section 150) before that date.

(2) If compensation has been paid or has become payable under section 16 of the former Act for a loss of a thing, section 68A applies to the determination of compensation under Division 4 of Part 3 of this Act for a further loss of that thing regardless of whether the description of the loss in section 16 of the former Act differs from the corresponding description of the loss in the Table to Division 4 of Part 3.

20 Section 68B--2000 amending Act

(1) In a case where section 16 deems an injury to have happened within 12 months after the commencement of section 9A, section 68B (3) is, in its application in respect of any period of employment before the commencement of section 9A, to be read as if a reference in it to employment that was a substantial contributing factor were a reference to employment that was a contributing factor (whether or not a substantial contributing factor).

(2) If compensation has been paid or has become payable under section 16 of the former Act for a loss of a thing, section 68B applies in respect of the determination of compensation under Division 4 of Part 3 of this Act for a further loss of that thing regardless of whether the description of the loss in section 16 of the former Act differs from the corresponding description of the loss in the Table to Division 4 of Part 3.

(3) This clause and the amendments made by the Workers Compensation Legislation Amendment Act 2000 to substitute section 68B (2)-(4) are for the avoidance of doubt and accordingly are taken to have had effect from the commencement of section 68B, but not so as to affect--

(a) any award of compensation made before the commencement of this clause, or

(b) any compensation that a worker has received or agreed to receive before the commencement of this clause, or

(c) any award of, or compromise or settlement of a claim for, damages made before the commencement of this clause, or

(d) any court proceedings commenced by a worker for damages from the worker's employer (or other person referred to in section 150) before the commencement of this clause.

21 2006 amendments to section 66 relating to permanent impairment benefits

Section 66, as amended by the Workers Compensation Amendment (Permanent Impairment Benefits) Act 2006 --

(a) applies to a worker who receives an injury on or after the date of commencement of that Act (being 1 January 2007), and

(b) does not apply to a worker who received an injury before that date.

Part 7 - Provisions relating to compensation for property damage

1 Application of Act irrespective of date of accident

Subject to this Schedule, Division 5 of Part 3 of this Act applies for the purposes of determining the amount of compensation payable in respect of an accident whether the accident happened before or after the commencement of that Division.

2 Maximum amount for previous damage

Notwithstanding clause 1, the maximum amount prescribed in respect of any compensation payable under Division 5 of Part 3 of this Act shall, if the accident happened before the commencement of that Division, be the relevant maximum amount in force under the former Act.

Part 8 - Provisions relating to payment of benefits

1 Application of Act irrespective of date compensation first became payable etc

Subject to this Schedule, Division 7 of Part 3 of this Act applies whether the compensation first became payable before or after the commencement of that Division.

2 Accounts in common fund

The Income Suspense Account and the Investment Guarantee Account established under section 62 of the former Act shall be maintained by the Authority for the purposes of section 86 of this Act.

Part 9 - Provisions relating to notice of injury and claims for compensation

1 Act to apply irrespective of date of injury etc

Subject to this Schedule, Division 1 of Part 4 of this Act applies whether the injury was received or the accident happened before or after the commencement of that Division.

2 Saving of existing notices and claims

(1) A notice of injury, incapacity, damage to property or otherwise duly given under a provision of the former Act shall, after the commencement of Division 1 of Part 4 of this Act, be deemed to have been duly given under the corresponding provision of this Act.

(2) A claim for compensation duly made under the former Act shall, after that commencement, be deemed to have been duly made under this Act.

3 Register of injuries

A register of injuries kept under section 53 (4) of the former Act shall, after the commencement of Division 1 of Part 4, be deemed to have been kept under section 90 of this Act.

4 Claims forwarded to insurers

A claim for compensation (or other documentation) forwarded by an employer to an insurer under section 18BA of the former Act shall, after the commencement of Division 1 of Part 4 of this Act, be deemed to have been forwarded under section 93 of this Act.

5 Time for making claim for compensation

Section 92 (4A) (as inserted by the WorkCover Legislation Amendment Act 1995 ) applies in respect of an injury, or death resulting from an injury, received before the substitution of that subsection (but not before 4 pm on 30 June 1987), as if paragraph (a) of that subsection read as follows--

(a) the claim is made within 3 years after the commencement of this subsection (as inserted by the WorkCover Legislation Amendment Act 1995 ), or

6 Legal and medico-legal costs

(1) Division 7 of Part 4 (which was inserted by the WorkCover Legislation Amendment Act 1995 ) does not apply to fees and costs incurred before the commencement of that Division.

(2) The amendment made by the WorkCover Legislation Amendment Act 1996 to insert section 148B (1A) is made for the purpose of the removal of doubt and accordingly is taken to have had effect from the commencement of that section as inserted by the WorkCover Legislation Amendment Act 1995 .

7 Solicitor/client costs

The amendment made to section 122 by the WorkCover Legislation Amendment Act 1995 (except the insertion of section 122 (5)) are made for the purpose of avoiding doubt and accordingly--

(a) the amendments apply to costs incurred before or after the commencement of the amendments, and

(b) section 122 (6) applies to amounts paid before or after the commencement of that subsection.

8 Refund of overpayments--false claims

Section 92C (as inserted by the WorkCover Legislation Amendment Act 1997 ) extends to payments of compensation made before the commencement of that section and to a conviction for an offence committed before the commencement of that subsection. However, that section does not apply to enable an order under that section to be made in respect of a conviction for an offence in proceedings commenced before the commencement of that section.

9 Claims not requiring medical certificate about substantial contributing factor

The amendment made to section 92 (1C) by the WorkCover Legislation Amendment Act 1997 operates as from the commencement of that subsection.

10 Serving claims on insurer

(1) The amendments made to section 66 of the 1998 Act by the Workers Compensation Legislation Amendment Act 2000 do not apply to a claim made before the commencement of those amendments.

(2) However, those amendments extend to a claim made after the commencement of those amendments where the initial claim referred to in the amendments was made before the commencement of those amendments.

11 Time within claim may be made--application of 3-year limit in section 65 (13) of 1998 Act

(Clause 73K of Regs)

(1) A reference in section 65 (13) or (14) of the 1998 Act to the period of 3 years after the injury or accident happened is to be construed, in the case of a claim for compensation made in respect of an injury or accident that happened more than 2 years before the commencement of this clause, as a reference to the period ending 1 year after that commencement.

(2) The provisions of section 92 of this Act relating to the time within which a claim for compensation may be made continue to apply to a claim--

(a) that is made before the commencement of this clause or within the period of 1 year after that commencement, and

(b) that relates to an injury or accident that happened before the commencement of the 1998 Act.

Part 10 - Provisions relating to conciliation officers and weekly payments of compensation

1 Existing disputes may be assigned to conciliation officer

A dispute may be assigned to a conciliation officer even though it relates to a matter arising before the commencement of Division 2 of Part 4 of this Act.

2 Conciliation officer may direct payment in respect of existing disputes

Sections 104-106B of this Act apply even though the dispute concerned relates to a matter arising before the commencement of those sections.

3 Provisions relating to commencement of weekly payments not to apply to existing claims

Sections 102 and 103 of this Act do not apply to any claim for weekly payments made before the commencement of those sections.

4 Workers Compensation (Compensation Court) Amendment Act 1989

After the commencement of Schedule 1 (11) to the Workers Compensation (Compensation Court) Amendment Act 1989 the following provisions apply--

(a) a reference of dispute to a review officer pending on that commencement is to be taken as a reference to a conciliation officer,

(b) a direction given by a review officer before that commencement is to be taken to be a direction given by a conciliation officer.

5 New conciliation arrangements--WorkCover Legislation Amendment Act 1996

Amendments made by the WorkCover Legislation Amendment Act 1996 do not affect the continuity of employment or appointment of conciliation officers employed or appointed as such immediately before the commencement of those amendments.

6 2000 amending Act--providing copies of evidence before conciliation

Sections 79A and 81A of the 1998 Act do not apply to a dispute referred for conciliation before the commencement of those sections.

Part 11 - Provisions relating to proceedings before commissioners and the Compensation Court

1 Interest before order for payment

Section 113 (2) (as inserted by the WorkCover Legislation Amendment Act 1995 ) does not apply to the ordering of interest on compensation for injuries received before the commencement of that provision, but the following provisions do apply to the ordering of that interest--

(a) interest must not be ordered on any compensation payable under this Act for any period before a claim for the compensation was duly made or (where no such claim was duly made before the commencement of the proceedings in the Court) for any period before the worker gave the employer particulars (including, in the case of a claim for compensation under section 66, a supporting medical report) sufficient to enable the employer to ascertain the nature and amount of compensation claimed,

(b) the provisions of paragraph (a) extend to proceedings pending at that commencement but do not affect any order for interest made before that commencement.

2 Interest before commencement of sec 19 of Compensation Court Act 1984

(1) Section 113 of this Act extends to authorise the ordering of interest for any period before the commencement of that section but not before 3 December 1984 (being the date of commencement of section 19 of the Compensation Court Act 1984 ).

(2) To remove doubt it is declared that section 19 of the Compensation Court Act 1984 did not authorise the ordering of interest for any period before the commencement of that section (3 December 1984), despite any provision of Schedule 6 to this Act.

(3) Subclause (2) is taken to have had effect on and from the commencement of section 19 of that Act (including for the purposes of any proceedings pending at the commencement of this clause) but not so as to affect any order for interest made before the commencement of this clause.

3 Restrictions on commencement of proceedings

The provisions of Division 3A of Part 4 (sections 106D-106F) extend to apply in respect of an injury received before the commencement of that Division, but do not apply in respect of court proceedings pending or determined as at that commencement.

4 Restrictions on commencement of proceedings--1998 Act

The amendment made to section 101 (5) (c) of the 1998 Act by the Workers Compensation Legislation Amendment Act 2000 is taken to have had effect on and from 1 August 1998 but not so as to affect any decision of a court made before the commencement of this clause.

Part 12 - Provisions relating to medical examinations and disputes

2 Directions for medical examinations

A direction to a worker to submit himself or herself for examination under section 51 of the former Act shall, if the examination has not taken place on the commencement of Division 5 of Part 4 of this Act, be deemed to be a direction under the corresponding provision of that Division.

3 Referral to medical referee or medical panel

A referral of any matter to a medical referee or medical panel under a provision of the former Act shall, if a report on the matter has not been made before the commencement of Division 5 of Part 4 of this Act, be deemed to be a referral under the corresponding provision of this Act.

4 Existing certificate

A certificate or report given by a medical referee or medical panel before the commencement of Division 5 of Part 4 of this Act shall, after that commencement, be deemed to have been given under the corresponding provision of this Act.

5 Compensation for costs of medical examination etc

Section 133 of this Act applies to medical examinations required under section 51 of the former Act.

6 Application of secs 134 and 135 (medical reports)

Sections 134 and 135 of this Act apply to medical reports made before as well as to medical reports made after the commencement of those sections.

7 Medical disputes

(1) The amendments made by Schedule 11 (1) and (3), (4) and (6) to the Workers Compensation Legislation Amendment Act 1995 extend to apply in respect of an injury received before, a dispute arising before (including one referred to a medical panel or a medical referee before) and court proceedings commenced before the commencement of those amendments, but not so as to affect any decision of a court made before that commencement.

(2) A certificate given or purportedly given under section 131 (4) (or under section 51 (5) of the former Act) before the commencement of the amendment made by Schedule 11 (3) to the Workers Compensation Legislation Amendment Act 1995 is taken to have been validly given if it would have been validly given had the procedures applicable to the reference of disputes to medical panels or medical referees after that commencement been in force when the certificate was given or purportedly given. However, this subclause does not affect any decision of a court made before the commencement of this subclause.

(3) Section 72A (Restrictions on commencing proceedings concerning hearing loss claims) extends to apply in respect of an injury received before the commencement of that section, but does not apply in respect of court proceedings pending or determined as at that commencement.

(4) The amendment to section 131 (4) made by Schedule 11 (5) to the Workers Compensation Legislation Amendment Act 1995 is taken to have commenced on the commencement of that subsection as originally enacted. Accordingly, the validity of a certificate given or purportedly given under section 131 (4) before the commencement of that amendment is not affected merely because the certificate was not given in accordance with any rules of the Compensation Court made for the purposes of section 131 or because there were no such rules at the time the certificate was given. However, that amendment does not affect any decision of a court made before the commencement of this clause.

8 Evidentiary value of certificates and reports of medical panels

The amendments made to sections 119 and 136 of this Act by the WorkCover Legislation Amendment Act 1996 extend to a certificate or report given after the commencement of those subsections in respect of an injury received before that commencement, but those amendments do not apply in respect of court proceedings pending or determined as at their commencement.

Part 13 - Provisions relating to uninsured liability and indemnity scheme

1 Definition

In this Part,
"Scheme" means the Uninsured Liability and Indemnity Scheme.

2 Pending claims under former Act

A claim under the Scheme under section 18C of the former Act and pending on the commencement of Division 6 of Part 4 of this Act shall be dealt with under this Act.

3 Claims allowed under former Act

The Authority shall pay (or continue to pay) out of the WorkCover Authority Fund any claim under the Scheme that the Authority is liable to pay under section 18C of the former Act.

4 Reimbursement of Authority for former claims

The liability of a person to reimburse the fund established under section 41 of the former Act in respect of a claim under the Scheme under section 18C of the former Act shall be deemed to be a liability to reimburse the WorkCover Authority Fund under Division 6 of Part 4 of this Act.

5 Section 148--date of operation of substitution of section

Section 148 of this Act, as substituted by the Workers Compensation Legislation (Amendment) Act 1994 , applies to payments made under the Scheme before as well as after the substitution of that section.

6 Authority's right of subrogation for apportionment and contribution

Section 148A extends to apply to a payment made by the Authority as referred to in that section before the commencement of that section.

7 Claims by directors against uninsured corporations

Section 4A (as inserted by the WorkCover Legislation Amendment Act 1995 ) does not apply in respect of an injury received before the commencement of that section.

8 Recovery from directors of corporations liable to reimburse Authority

Section 145A (which was inserted by the WorkCover Legislation Amendment Act 1995 ) does not apply in respect of a contravention of section 155 that occurred before the commencement of section 145A.

Part 14 - Provisions relating to common law remedies

1 Abolition of common law actions not to apply to existing injuries

(1) Part 5 of the Act (except section 151AA) does not apply to a cause of action in respect of--

(a) an injury received by a worker before 4 pm on 30 June 1987, or

(b) the death of a worker resulting from or caused by such an injury.

(2) In the case of any such cause of action, the provisions of sections 63, 64 and 64A of the former Act continue to apply.

(3) In the application of those provisions of the former Act, a reference in those provisions to compensation or proceedings under the former Act includes a reference to compensation or proceedings under this Act.

(4) For the avoidance of doubt, those provisions of the former Act apply and are taken always to have applied to the recovery of compensation or damages, whether or not the compensation or damages were paid under an award or judgment. For example, compensation or damages may be paid under an agreement.

(5) If any payment is made under the indemnity referred to in section 64 (1) (b) of the former Act and, at the time of payment, the worker has obtained judgment for damages against the person paying under the indemnity (but judgment has not been satisfied), the payment, to the extent of its amount, satisfies the judgment.

(6) Subclauses (4) and (5) do not apply to the matter that was the subject of the decision of the District Court on 14 December 1990 in Nsair v GIO .

2 Damages for economic loss in relation to injuries occurring before the commencement of Schedule 2 (2) to the Workers Compensation (Benefits) Amendment Act 1991

Nothing in subsection (2) of section 151H of this Act (as in force after the commencement of Schedule 2 (2) to the Workers Compensation (Benefits) Amendment Act 1991 ) affects the operation of subsection (6) of that section as regards any amount (including an adjusted amount) that was mentioned in subsection (2) (b) of that section at any time before that commencement.

3 Amendments relating to "verbal threshold", home care services and respite care

The amendments to Division 3 of Part 5 of this Act made by Schedule 1 to the Workers Compensation Legislation (Miscellaneous Amendments) Act 1994 apply to injuries whether received before or after the date of assent to that Act and to court proceedings whether or not commenced before that date. However, those amendments do not apply to any such injury for which an award of damages has been made by a court before that date.

5 Compensation for non-economic loss--prevention of forfeiture

(1) The amendment made by Schedule 7 (2) to the Workers Compensation Legislation Amendment Act 1995 extends to an injury received before the commencement of the amendment.

(2) However, that amendment does not affect any award of, or compromise or settlement of a claim for, damages made before commencement of the amendment.

6 Loss of future earnings--gross weekly earnings

(1) The amendment to section 151I made by Schedule 10 (1) to the Workers Compensation Legislation Amendment Act 1995 is made for the purpose of avoiding doubt, and accordingly section 151I is taken to have been so amended from the commencement of this Act.

(2) However, that amendment does not affect any award of, or compromise or settlement of a claim for, damages made before the commencement of the amendment.

7 Payment of interest

Section 151M, as substituted by the WorkCover Legislation Amendment Act 1995 , applies to any claim for damages that--

(a) is a claim in respect of an injury received by a worker at or after 4 pm on 30 June 1987 or the death of a worker resulting from or caused by such an injury, and

(b) was not settled or finally determined as at the date on which that section was so substituted.

8 Effect of recovery of damages from employer on payment of compensation

(1) The amendment to section 151B made by the WorkCover Legislation Amendment Act 1995 to insert section 151B (4) is made for the purpose of avoiding doubt, and accordingly section 151B is taken to have been so amended from the commencement of that section.

(2) However, that amendment does not affect any award of, or compromise or settlement of a claim for, damages made before the commencement of the amendment.

9 Recovery against both employer and stranger

(1) The amendment made to section 151Z by the WorkCover Legislation Amendment Act 1995 is made for the purpose of avoiding doubt, and accordingly section 151Z is taken to have been so amended from the commencement of that section.

(2) However, those amendments do not affect--

(a) any award of, or compromise or settlement of a claim for, damages made before the commencement of the amendments, or

(b) any decision of a court with respect to an action on an indemnity provided for by section 151Z (1) (d) made before that commencement.

10 Amendment of sec 151AB

The amendments made to section 151AB by the WorkCover Legislation Amendment Act 1995 do not affect--

(a) any award of, or compromise or settlement of a claim for, damages made before the commencement of the amendments, or

(b) any court proceedings commenced by a worker for damages from the workers' employer (or other person referred to in section 150) before that commencement.

11 Amendment of sec 151A--1998 amending Act

The amendments made to section 151A by the Workers Compensation Legislation Amendment Act 1998 apply in respect of injuries received before or after the commencement of those amendments, but do not apply in respect of awards of compensation made by the Compensation Court before that commencement or awards of compensation made by that Court in connection with proceedings instituted before that commencement.

12 Election to claim compensation--2000 amending Act

(1) The amendments made to section 151A by the Workers Compensation Legislation Amendment Act 2000 apply in respect of injuries received before or after the commencement of those amendments, but do not apply in respect of the commencement of proceedings in the Compensation Court before that commencement.

(2) In a case in which proceedings in the Compensation Court are commenced before the commencement of those amendments--

(a) section 151A (3) (b) continues to apply as it was in force when the proceedings were commenced, and

(b) section 151A (3) (b) is taken to have been amended by replacing the words "or by the Compensation Court making an award in respect of that permanent loss compensation" with the words "or by the Compensation Court awarding that permanent loss compensation (whether by award, interim award or order)".

(3) A reference in this clause to the commencement of proceedings has the extended meaning given to that expression in section 151A (3) (b) by section 151A (3A).

Part 15 - Provisions relating to insurance

1 Form of policies of insurance under former regulations

Until the regulations under section 159 of this Act otherwise provide, the only provisions which a policy of insurance may contain are the provisions contained in the form of policy prescribed, immediately before the commencement of section 159 of this Act, by the regulations under the former Act.

2 Definition of small employer for purposes of $500 excess recoverable from employer

(1) Until the regulations otherwise provide, a small business employer, for the purposes of section 160 of this Act, is an employer who is liable under all relevant policies of insurance to pay premiums which in total do not exceed $2,000.

(2) For the purposes of subclause (1), a relevant policy of insurance is--

(a) the policy under which the claim is made, and

(b) any other policy that is issued for the same period or for a part of the period to which the policy referred to in paragraph (a) applies.

3 Exemptions from $500 excess to operate from 30 June 1985

The following policies of insurance shall be deemed always to have been exempt from section 18 (3) (a2) of the former Act--

(a) policies of insurance issued or renewed by the Government Insurance Office in respect of Government workers,

(b) policies of insurance in respect of domestic or similar workers.

4 Register of policies kept by insurers

The register kept by an insurer under section 18A (2A) of the former Act shall, after the commencement of section 163 of this Act, be deemed to be part of the register required to be kept by the insurer under section 163 of this Act.

6 Insurance premiums order

An order under section 30AB of the former Act shall, after the commencement of section 168 of this Act, be deemed to be an insurance premiums order for the purposes of this Act.

6A Determination of premium disputes

(1) Sections 18AA and 30AB of the former Act (as in force immediately before 30 June 1985) continue to apply to a premium demanded for--

(a) a policy of insurance, or

(b) a renewal of any such policy,

if the premium is demanded for the assumption of risk by an insurer for a period that commenced before 30 June 1985.

(2) For the purposes of this clause, a reference in section 18AA of the former Act to the Insurance Premiums Committee is to be read as a reference to the WorkCover Authority.

6B Premium calculation disputes

(1) In this clause--


"premium dispute application" means an application under an insurance premiums order, the Workers Compensation (Insurance Premiums) Regulation 1987 or the Workers Compensation (Insurance Premiums) Regulation 1995 for the calculation or variation by the Authority of any matter (
"the disputed matter" ) relevant to the determination by an insurer of the premium payable for the issue or renewal of a policy of insurance.

(2) After the commencement of this clause--

(a) no further premium dispute applications can be made, and

(b) any matter that could before the commencement of this clause have been the subject of a premium dispute application can instead be the subject of an application for determination by the Authority under section 170 (as amended by the Workers Compensation Legislation Amendment Act 2000 ), and

(c) any premium dispute application made but not determined before the commencement of this clause is to be dealt with as an application under section 170 (as amended by the Workers Compensation Legislation Amendment Act 2000 ) for determination by the Authority of the relevant aspect of the insurer's determination.

(3) Any premium dispute application dealt with before the commencement of this clause as an application under section 170 for a determination as to the premium to be charged for the issue or renewal of the policy concerned is taken to have been validly dealt with, and any determination of the premium payable is taken to have been validly made, as if the premium dispute application had been a valid application under that section.

(4) Subclause (3) does not affect any determination of a court made before the commencement of this clause.

(5) The amendments made to section 170 by the Workers Compensation Legislation Amendment Act 2000 apply to an application made under that section, but not determined, before the commencement of the amendments. The application is to be dealt with as an application under section 170 (as so amended) for determination by the Authority of the relevant aspect of the insurer's determination.

(6) The amendment made to section 170 (4) of this Act by the Workers Compensation Legislation Amendment Act 2000 relating to the payment of interest extends to premiums paid before the commencement of the amendment, but so that interest is payable only in respect of periods after that commencement.

7 Payment of premiums by instalments

Until the regulations under section 171 of this Act otherwise provide, premiums under a policy of insurance may be paid by instalments in accordance with the provisions of section 18 (7B) of the former Act.

7A Interest on unpaid premiums

Section 18 (7C) of the former Act applies in respect of the calculation of the interest payable on--

(a) the full amount of a premium, or

(b) an instalment of a premium payable by instalments, or

(c) the adjustment of a premium,

8 Employers' wages records etc

The records kept by an employer under section 18 (8) of the former Act shall, after the commencement of section 174 of this Act, be deemed to be part of the records required to be kept by the employer under section 174 of this Act.

9 Employers evading correct premiums

Section 175 applies to policies of insurance issued under section 18 of the former Act.

10 Policies issued or renewed since 31 December 1986 to be assigned to new licensed insurers

(1) This clause applies to policies of insurance--

(a) issued or renewed by insurers licensed under section 27 of the former Act at or after 4 pm on 31 December 1986, and

(b) the subject of a re-insurance agreement with the Government Insurance Office.

(2) On the commencement of Division 3 of Part 7 of this Act, policies of insurance to which this clause applies shall be assigned in accordance with the relevant re-insurance agreement to such licensed insurer under Division 3 of Part 7 of this Act as is determined by the Authority.

(3) If a former licensed insurer has a subsidiary licensed under Division 3 of Part 7 of this Act on the commencement of that Division, the policies of insurance issued or renewed by the former licensed insurer shall be assigned to that subsidiary.

(4) Any money payable under the re-insurance agreement by a former licensed insurer to an insurer to whom its policies of insurance are assigned or to the Authority may be recovered as a debt in a court of competent jurisdiction.

(5) An assignment of an insurance policy under this clause--

(a) transfers the rights, obligations and liabilities under the policy of the former licensed insurer to the licensed insurer to which the policy is assigned, and

(b) does not otherwise affect the rights, obligations or liabilities acquired, accrued or incurred under the policy.

(6) For the purposes of this Act, any such assigned policies shall be deemed to have been issued or renewed by the licensed insurer to which they are assigned.

11 Continuation of licences of self-insurers

A licence granted, or deemed to be granted, under section 18 (1A) of the former Act and in force immediately before the commencement of Division 5 of Part 7 of this Act, shall be deemed, on and from that commencement, to have been granted under Division 5 of Part 7 of this Act.

12 Deposits of self-insurers

Any amount deposited by an employer with the Treasurer under section 20 of the former Act shall, on and from the commencement of section 213 of this Act, be deemed to have been deposited under section 213 of this Act.

13 Insurers' Contribution Fund continued

(1) On the commencement of Division 6 of Part 7 of this Act, the Insurers' Contribution Fund established under section 30H of the former Act shall become the Insurers' Contribution Fund established under section 218 of this Act.

(2) Nothing in this Act or the cognate Acts affects any contribution required to be made to that Fund under Part 3A of the former Act and that Part continues to apply in respect of any such contribution.

(3) The first contribution required to be paid into that Fund after the commencement of Division 6 of Part 7 shall be the contribution in respect of the financial year commencing on 1 July 1987.

(4) An injury received by a worker after the commencement of that Division, but for which an employer is indemnified under a policy issued before 30 June 1987, shall be deemed to have been received before that commencement for the purposes of section 221 (4).

14 Contributions to Insurers' Contribution Fund--premiums received after 30 June 1985 on policies issued before that date

If--

(a) an insurer receives premiums after 30 June 1985 in respect of policies of insurance issued before that date, and

(b) the amount of contribution previously paid by the insurer under section 30J of the former Act (as in force before the commencement of Schedule 2 (2) to the Workers' Compensation (Further Amendment) Act 1986 ) was calculated without taking those premiums into account,

(c) the additional contribution shall be deemed to be payable at the rate of 7 per cent of the deemed premium income of the insurer (as defined by section 30G of the former Act as so in force),

(d) that deemed premium income shall be deemed to be calculated at the rates fixed under the former Act as at 29 June 1985, and

(e) the additional contribution shall be deemed to be payable at such times as the Authority may determine.

15 Policies issued or renewed before 4 pm on 30 June 1987

(1) This clause applies to policies of insurance issued or renewed before 4 pm on 30 June 1987 by insurers licensed under section 27 of the former Act.

(2) A policy of insurance to which this clause applies extends (and is to be taken to have always extended) to any liability under this Act including liability for injuries received before, at or after 4 pm on 30 June 1987.

(3) This clause applies despite the fact that the policy of insurance refers to liability under the Workers' Compensation Act 1926 .

16 Government workers insurance

(1) In this clause, a reference to a relevant provision is a reference to section 160 (6), 168 (4), 193 (definition of
"policy of insurance" ) or 217 (definition of
"premium income" ).

(2) On the commencement of Schedule 8 (10) to the Workers Compensation (Benefits) Amendment Act 1989 , the Minister is to be taken to have served an order on the Government Insurance Office under the relevant provisions declaring all Government workers (except workers whose employer is the Forestry Commission) to be central Government workers.

17 Savings provision--transfer of administration of Guarantee Fund from GIO to WorkCover Authority

Any thing done by the Government Insurance Office under Division 7 of Part 7 of this Act before the commencement of Schedule 3 (8) to the Workers Compensation (Amendment) Act 1991 that could have been done by the WorkCover Authority if Schedule 3 (8) had been in force is to be taken to have been done by the WorkCover Authority.

18 Employer liable to pay first $500 under policy of insurance

(1) Section 160 of this Act (as amended by Schedule 3 (1) to the Workers Compensation (Benefits) Amendment Act 1991 ) applies to claims for compensation in respect of injuries to workers that occurred after the commencement of Schedule 3 (1) to that Act.

(2) Section 160 of this Act (as in force immediately before the commencement of Schedule 3 (1) to the Workers Compensation (Benefits) Amendment Act 1991 ) continues to apply to claims for compensation in respect of injuries to workers that occurred before that commencement.

(3) A policy of insurance obtained under section 155 of this Act that relates to a period beginning before and ending after the commencement of Schedule 3 (1) to the Workers Compensation (Benefits) Amendment Act 1991 is to be construed as if, as regards claims under the policy relating to injuries to workers occurring after that commencement, a reference to the employer's agreeing to pay the first $500 of each claim under the policy, or a lesser amount, were a reference to the employer's agreeing to pay an excess amount of $500, or a lesser amount, in respect of each weekly compensation claim within the meaning of section 160 of this Act (as in force after that commencement).

19 Workers compensation policies to cover the liability arising out of certain motor accidents

(1) A policy of insurance obtained by an employer under section 155 of this Act is taken to have covered the employer's liability for damages in respect of the death of or an injury to a worker of the employer where--

(a) that liability arose during the period that began with 1 February 1990 and ended with 30 September 1991 and was attributable to a motor accident within the meaning of the Motor Accidents Act 1988 , and

(b) the liability of the owner of the motor vehicle involved in the accident was not covered by a third-party policy issued under that Act, and

(c) no damages were recoverable from the Nominal Defendant under that Act in respect of the death or injury.

(2) Subclause (1) has effect irrespective of any regulation under this Act that was in force during the period referred to in that subclause.

(3) On and from the commencement of this subclause, the provisions of subclause (1) (b) and (c) do not have effect in relation to a liability referred to in subclause (1) unless the liability was the subject of legal proceedings that have been determined by a court before that commencement.

19A Extent of cover provided by workers compensation policies issued before 1.2.90

(1) A policy of insurance obtained during the period between 4 pm on 30 June 1987 and the end of 31 January 1990 by an employer under section 155 of this Act is taken to have covered the employer--

(a) for the full amount of the employer's liability under this Act in respect of all workers employed by the employer, and

(b) for an unlimited amount in respect of the employer's liability independently of this Act (being a liability under a law of New South Wales), and

(c) for the full amount of the indemnity provided by the policy as in force when it was obtained,

for any injury to any worker employed by the employer during that period.

(2) Subclause (1) has effect irrespective of any regulation under this Act that was in force during the period referred to in that subclause.

(3) However, subclause (1) does not have effect in relation to a liability that was the subject of legal proceedings that have been determined by a court before the commencement of this clause.

(4) In this clause,
"injury" includes a dust disease (as defined in the Workers' Compensation (Dust Diseases) Act 1942 ) and the aggravation, acceleration, exacerbation or deterioration of a dust disease (as so defined).

20 Contributions by insurers--merger of statutory funds under Workers Compensation Legislation (Amendment) Act 1994

(1) In this clause,
"the amending Act" means the Workers Compensation Legislation (Amendment) Act 1994 .

(2) Any contribution payable by an insurer (other than a specialised insurer) under this Act, as in force immediately before the commencement of Schedule 2 to the amending Act, in relation to premium income for a financial year before that commencement is not so payable if it is received by the insurer after that commencement.

(3) However, this clause does not affect any contribution payable by the insurer under this Act (as amended by that Schedule) in relation to any such premium income.

(4) If Schedule 2 to the amending Act commences during a financial year, the regulations may modify the application of this clause in respect of that financial year.

21 Coverage of policy--liabilities arising independently of the Act

(1) The amendments made by Schedule 1 (1), (5) and (10) to the Workers Compensation Legislation Amendment Act 1995 do not apply so as to affect the validity of a policy of insurance issued or renewed or deemed to have been held before the commencement of those amendments.

(2) However, a policy of insurance issued or renewed or deemed to have been held under this Act before the commencement of those amendments is taken to cover (and always to have covered) the employer for an unlimited amount in respect of the employer's liability independently of this Act (but not including a liability for compensation in the nature of workers compensation arising under any Act or other law of another State, a Territory or the Commonwealth or a liability arising under the law of another country) for any injury received at or after 4 pm on 30 June 1993 by a worker or trainee employed by the employer.

(3) Without limiting subsection (1B) of section 155, such a policy of insurance that is in force immediately before the commencement of that subsection does not cover a liability that is not covered by that subsection.

23 Ownership of assets of insurer-managed statutory funds

Section 196 (2), as inserted by the WorkCover Legislation Amendment Act 1995 , is inserted for the purpose of the removal of doubt and accordingly is taken to have had effect from the commencement of this Act.

24 Time limit for proceedings for failure to insure

Section 279 (3), as inserted by the WorkCover Legislation Amendment Act 1995 , does not apply to proceedings for an offence alleged to have been committed before the commencement of that subsection.

25 Conduct of insurers and brokers--1996 amendments

Section 156A (as inserted by the WorkCover Legislation Amendment Act 1996 ) does not apply in respect of conduct that took place before the commencement of the section.

26 Specialised insurers--2000 amendments

(1) In this clause--


"existing specialised insurer" means an insurer who is a specialised insurer immediately before the commencement of this clause.

(2) On the commencement of section 177A (Special provisions for specialised insurers) of this Act, the licence under this Act of an existing specialised insurer is taken to have been endorsed with a specialised insurer endorsement under that section.

(3) The licence under the 1998 Act of an existing specialised insurer is taken to have been endorsed at the private insurance start time with a specialised insurer endorsement under section 175A of the 1998 Act.

(4) An existing specialised insurer is taken to be eligible for a specialised insurer endorsement for the purposes of section 177A of this Act and 175A of the 1998 Act, until the regulations otherwise provide or the Authority otherwise directs in a particular case by notice in writing to the specialised insurer.

(5) The Authority may by order declare a body corporate to be a body corporate that the Authority is satisfied has acquired the business undertaking of an existing specialised insurer, and the effect of such an order is as follows--

(a) the body corporate is taken to be the holder of the licence held by that existing specialised insurer as a licensed insurer under this Act or the 1998 Act, as appropriate, and

(b) the body corporate is taken to be an existing specialised insurer within the meaning of this clause.

Part 16 - (Repealed)

Part 17 - (Repealed)

Part 18 - Special provision relating to coal miners

1 Continuation of weekly compensation payments under former Act

(1) In the case of a worker employed in or about a mine, the provisions of clauses 4 and 5 of Part 4 of this Schedule apply as if any period of incapacity for work of the worker occurred as the result of an injury received before the commencement of Division 2 of Part 3 of this Act.

(2) In the case of a worker employed in or about a mine, the provisions of clause 6 of Part 4 of this Schedule apply as if any liability in respect of weekly payments of compensation resulted from an injury received before the commencement of Division 2 of Part 3 of this Act.

(3) However, clauses 4 (1) (b) and 4A of Part 4 of this Schedule (as applying under this clause) do not apply in respect of any period of incapacity for work that--

(a) results from an injury received after the commencement of Division 2 of Part 3 of this Act, and

(b) occurs after the commencement of this subclause (as inserted by the WorkCover Legislation Amendment Act 1996 ), and

(c) occurs during the first 104 weeks of incapacity but after the first 78 weeks of incapacity.

(4) For the purposes of subclause (3), the first 78 weeks of incapacity and the first 104 weeks of incapacity are the periods of incapacity for work (whether total or partial, or both) of 78 and 104 weeks, respectively, after the worker becomes entitled to weekly payments of compensation in respect of the incapacity. In this subclause, a reference to a period of incapacity for work includes, in the case of separate periods of incapacity resulting from the same injury, a reference to the aggregate of those periods.

(5) The amendments made to subclauses (3) and (4) by the WorkCover Legislation Amendment Act 1997 are taken to have had effect from the commencement of those subclauses (as inserted by the WorkCover Legislation Amendment Act 1996 ).

2 Regulations to modify or disapply 1996 amendments in relation to coal miners

(1) In this clause--


"the 1996 amendments" means the amendments made to this Act by the WorkCover Legislation Amendment Act 1996 except the amendments made by Schedule 1.3 (Journey claims) to that Act.

(2) The regulations may make provision for or with respect to either or both of the following--

(a) modifying any of the 1996 amendments in their application to or in respect of workers employed in or about a mine,

(b) exempting any such workers from the operation of any of the 1996 amendments.

(3) A provision referred to in subclause (2) may, if the regulations so provide, take effect as from the date of assent to the WorkCover Legislation Amendment Act 1996 or a later day.

3 2001 amendments not applicable to coal miners

(1) Subject to this clause, the 2001 amendments do not apply to or in respect of coal miners and this Act and the 1998 Act (and the regulations under those Acts) apply to and in respect of coal miners as if the 2001 amendments had not been enacted.

(2) Subclause (1) does not apply in respect of the amendments made by Schedule 2.2 [2[#93] and [3[#93] to the Workers Compensation Legislation Amendment Act 2001 .

(2A) To the extent that subclause (1) operates to apply section 151A (3) and (3A) as in force before the 2001 amendments, a reference to the Compensation Court in those subsections is to be read as a reference to the District Court.

(2B) Subclause (2A) is taken to have commenced on 1 January 2004 but does not affect any judgment or other order of a court given or made before 9 July 2010.

(3) The regulations may make provision for or with respect to the following matters in connection with a claim for compensation in respect of an injury received by a coal miner--

(a) requiring or providing for the conciliation, mediation or other review of a claim, or any dispute in connection with a claim, before or after the commencement of court proceedings in connection with the claim or dispute,

(b) any matter for or in respect of which provision is made by Divisions 3-5 of Part 2 of Chapter 4 of the 1998 Act (whether or not provision so made is inconsistent with any provision of those Divisions),

(c) disapplying or modifying the application of any provision or provisions of Divisions 3-5 of Part 2 of Chapter 4 of the 1998 Act,

(d) providing for the exercise by officers of the Compensation Court of functions in connection with the conciliation, mediation or other review of a claim or any dispute in connection with a claim,

(e) providing for the employment under the Public Sector Management Act 1988 of officers of the Compensation Court to exercise the functions conferred or imposed on officers of the court pursuant to regulations under this clause.

(4) In this clause--


"coal miners" means workers employed in or about a mine.


"the 2001 amendments" means the amendments made by the Workers Compensation Legislation Amendment Act 2001 and Schedules 1, 2, 3 and 8 to the Workers Compensation Legislation Further Amendment Act 2001 .

Part 18AA - Provisions consequent on enactment of Miscellaneous Acts (Workers' Compensation) Amendment Act 1984

1 Repeal of Act does not affect operation of savings, transitional and other provisions

(1) Despite the repeal of the Miscellaneous Acts (Workers' Compensation) Amendment Act 1984 , clauses 1-6 and 8-10 of Schedule 2 to that Act continue to have effect and are taken to have been transferred to this Act.

(2) Clauses 1-6 and 8-10 of Schedule 2 to the Miscellaneous Acts (Workers' Compensation) Amendment Act 1984 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.

Part 18A - Additional provisions consequent on enactment of 1998 Act and 1998 amending Act

1 Definition

In this Part--


"1998 amending Act" means the Workers Compensation Legislation Amendment Act 1998 .

2 Saving of notices of injury, claims for compensation, conciliation etc under repealed provisions of Part 4 of this Act

(1) The repeal of Part 4 of this Act by the 1998 amending Act does not affect--

(a) any notice of injury, or of incapacity, treatment or damage, under that Part, or

(b) any claim for compensation under that Part, or

(c) the referral of any dispute to conciliation, any certificate of conciliation or any agreement arising from conciliation under that Part, or

(d) any directions under that Part with respect to weekly payments, or

(e) any proceedings before the Compensation Court, or any award, order or other decision of the Court, under that Part, or

(f) any medical examination, any reference of a medical dispute to a medical referee or panel or any certificate of a medical referee or panel under that Part, or

(g) any claim under the Uninsured Liability and Indemnity Scheme, or

(h) any order, notice, direction, requirement or other thing given, made or done under that Part.

(2) Any such thing is, for the purposes of the provisions of the 1998 Act corresponding to Part 4 of this Act, taken to have been given, made or done under those provisions of the 1998 Act.

(3) The provisions of Part 4 of this Act relating to existing claims referred to in section 87D (as in force immediately before their repeal by the 1998 amending Act) continue to apply to any such claim that has not been finalised before that repeal. For that purpose, any officer of the WorkCover Authority who is a conciliation officer for the purposes of that claim may continue to exercise the functions of a conciliation officer for the purposes of finalising that claim.

(4) Section 131A (as in force immediately before its repeal) continues to have effect with respect to references made to a medical practitioner before that repeal and certificates issued with respect to those referrals.

(5) This clause has effect subject to the regulations under Part 20 of this Schedule and the regulations under the 1998 Act.

2A Application of 1998 Act provisions corresponding to repealed provisions of Part 4 of this Act (making of claims etc)

(1) The provisions of the 1998 Act that correspond to the repealed provisions of Part 4 of this Act apply to a thing referred to in clause 2 (1) given, made or done after the repeal of Part 4 even if the thing relates to an injury or other relevant matter received or occurring before that repeal.

(2) The clause does not affect the operation of clause 11 of Part 9 or any decision made by a court before the commencement of the clause.

3 Saving of appointment of existing conciliation officers and Principal Conciliator

(1) A person holding office as a conciliation officer under a provision of Part 4 of this Act immediately before its repeal by the 1998 amending Act (other than an officer of the WorkCover Authority) is taken to have been appointed as a conciliator under the corresponding provision of Chapter 4 of the 1998 Act.

(2) The person holding office as the Principal Conciliator under section 87F of this Act immediately before its repeal by the 1998 amending Act is taken to have been appointed as the Principal Conciliator under section 77 of the 1998 Act.

4 Saving of regulations under repealed provisions of this Act

A regulation (or any separate provision of a regulation) made under a provision of this Act that is repealed by the 1998 amending Act is, to the extent that it could be made under a corresponding provision of the 1998 Act, taken to be a regulation made under the 1998 Act.

5 References to this Act

A reference to this Act in any other Act (other than the 1998 Act), in any instrument made under any Act or in any document is to be read as including a reference to the 1998 Act, unless the regulations or the context otherwise requires.

6 Abolition of former bodies

(1) In this clause--


"former body" means the Workers Compensation Advisory Council established by the Minister before the commencement of the 1998 amending Act, the Board of Directors of the WorkCover Authority of New South Wales constituted under the WorkCover Administration Act 1989 or the Occupational Health, Safety and Rehabilitation Council of New South Wales constituted under that Act.

(2) The former bodies are abolished.

(3) A person who held office as a member of a former body immediately before its abolition ceases to hold office and is not entitled to any remuneration, or compensation, for loss of that office. However, any such person is eligible (if otherwise qualified) to be appointed to a body constituted under the 1998 Act.

7 Continuation of WorkCover Authority

The WorkCover Authority of New South Wales constituted under the 1998 Act is a continuation of, and the same legal entity as, the WorkCover Authority of New South Wales constituted under the WorkCover Administration Act 1989 .

8 Continuation of WorkCover Authority Fund

The WorkCover Authority Fund established under the WorkCover Administration Act 1989 is taken to have been established under the 1998 Act.

9 Insurers

(1) The holder of a licence (an
"existing licence" ) under Division 5 (Self-insurers) of Part 7 of this Act immediately before the private insurance start time is taken to have been granted a licence (a
"new licence" ) as a self-insurer under the 1998 Act on the same terms and conditions and subject to the same endorsements as the licence under this Act.

(2) The new licence is taken to specify as the period during which it is to be in force the period on and from the private insurance start time to the end of the period for which the existing licence was granted under this Act.

(3) An application for a licence under Division 5 of Part 7 of this Act pending under this Act immediately before the private insurance start time is to be dealt with as an application under the 1998 Act.

(4) An amount of money deposited by a self-insurer under Division 5 of Part 7 of this Act is taken, for the purposes of the 1998 Act, to be money deposited by the self-insurer under the 1998 Act.

Part 18B - Additional provisions consequent on enactment of Workers Compensation Legislation Amendment Act 2000

1 Abolition of Advisory Council and OHS Council

(1) In this clause--


"former body" means the Workers Compensation Advisory Council of New South Wales or the Occupational Health and Safety Council of New South Wales, constituted under the 1998 Act.

(2) The former bodies are abolished.

(3) A person who held office as a member of a former body immediately before its abolition ceases to hold office and is not entitled to any remuneration or compensation for loss of that office.

(4) Any such person is eligible (if otherwise qualified) to be appointed to the Council.

2 Membership of Rating Bureau

A person holding office as a member of the Rating Bureau under section 25 (1) (b) or (c) of the 1998 Act immediately before the substitution of the relevant paragraph by the Workers Compensation Legislation Amendment Act 2000 is taken to have been duly appointed under the relevant paragraph as so substituted.

3 Industry Reference Groups

Any act, matter or thing done before the commencement of this clause by the Advisory Council under or for the purposes of Part 5 (Industry Reference Groups) of Chapter 2 of the 1998 Act (including the establishment of a system of Industry Reference Groups) is taken to have been done by the Authority.

4 Approved medical specialists

A list of medical specialists approved by the Advisory Council for the purposes of the definition of
"approved medical specialist" in section 121 of the 1998 Act as at the commencement of this clause is taken to have been approved by the Authority.

Part 18C - Provisions consequent on enactment of 2001 amending Acts

1 Definitions

In this Part--


"existing claim" and
"new claim" have the same meaning as in Chapter 7 of the 1998 Act.


"lump sum compensation amendments" means the amendments made by Schedule 3 to the Workers Compensation Legislation Amendment Act 2001 and Schedule 2 to the Workers Compensation Legislation Further Amendment Act 2001 .

2 Operation of amendments generally

(1) The Workers Compensation Acts apply to and in respect of an existing claim as if the Workers Compensation Legislation Amendment Act 2001 and the Workers Compensation Legislation Further Amendment Act 2001 had not been enacted.

(2) This clause is subject to this Part and to any regulations under this Schedule.

3 Lump sum compensation amendments

(1) The lump sum compensation amendments do not apply in respect of an injury received before the commencement of the amendments (even if the injury is the subject of a claim made after the commencement of the amendments) except as follows--

(a) the amendments to section 66A apply in respect of an injury received before the commencement of the amendments (even if the injury is the subject of a claim made after the commencement of the amendments) and so apply--

(i) subject to such modifications to that section as may be prescribed by the regulations, and

(ii) as if an agreement registered before that commencement by the Authority were registered by the Commission,

(b) the repeal of section 72 applies in respect of an injury received before the commencement of the amendments, but only to the extent that the injury is the subject of a new claim.

(2) There is to be a reduction in the compensation payable under Division 4 of Part 3 (as amended by the lump sum compensation amendments) for any proportion of the permanent impairment concerned that is a previously non-compensable impairment. This subclause does not limit the operation of section 323 of the 1998 Act or section 68B of the 1987 Act.

(3) A
"previously non-compensable impairment" is loss or impairment that is due to something that occurred before the commencement of the amendments to Division 4 of Part 3 made by the lump sum compensation amendments, being loss or impairment that is of a kind for which no compensation was payable under that Division before that commencement.

(4) No contribution or payment of apportioned share in respect of compensation under Division 4 of Part 3 (as amended by the lump sum compensation amendments) is required under section 15, 16, 17 or 22 to the extent that the employment or injury in respect of which contribution or payment would otherwise be required relates to a previously non-compensable impairment.

4 Disputes concerning lump sum compensation claims

(1) In the case of a new claim in respect of an injury received before the commencement of the lump sum compensation amendments, compensation under Division 4 of Part 3 (as in force before the commencement of those amendments) may not be awarded by the Commission if there is an impairment dispute unless the dispute has been assessed by an approved medical specialist under Part 7 of Chapter 7 of the 1998 Act.

(2) An assessment certified in a medical assessment certificate pursuant to the medical assessment of an impairment dispute is conclusively presumed to be correct as to the matters in dispute in any proceedings in respect of the claim for compensation concerned.

(3) For the purposes of this clause, Part 7 of Chapter 7 of the 1998 Act extends (with such modifications as may be prescribed by the regulations) to the assessment of an impairment dispute as if it were a medical dispute under that Part.

(4) In this clause,
"impairment dispute" means a dispute about whether a loss or impairment exists and, if so, the nature and extent of the loss or impairment.

5 Regulations to transfer existing claims to new procedures

(1) The regulations may make provision for or with respect to requiring a class or classes of existing claims to be treated as new claims for the purposes of the Workers Compensation Acts or specified provisions of those Acts.

(2) Those claims (
"transferred claims" ) then cease to be existing claims and become new claims for the purposes of the Workers Compensation Acts or those specified provisions, subject to this Part and the regulations.

(3) Regulations under this clause may include provisions of a savings or transitional nature consequent on the operation of any such regulations.

(4) The power to make regulations under subclause (3) extends to authorise the making of regulations whereby provisions of the Workers Compensation Acts are taken to be amended in the manner set forth in the regulations.

(5) This clause extends to claims in respect of which proceedings are pending in the Compensation Court.

Note : This clause does not apply to coal miner claims. See clause 3 of Part 18.

6 Special provisions for transferred claims

The provisions of the Workers Compensation Acts apply to and in respect of a transferred claim as a new claim subject to the following modifications--

(a) an order or award of the Compensation Court in respect of the claim is taken to be an order or award of the Commission,

(b) such other modifications as may be prescribed by the regulations.

6A Transfer of claims pending in Compensation Court

(1) If proceedings on a claim for compensation are proceedings in the Compensation Court and the claim becomes a new claim pursuant to regulations under clause 5, the following provisions have effect when the claim becomes a new claim--

(a) the Compensation Court ceases to have jurisdiction in respect of the claim,

(b) proceedings on the claim in the Compensation Court are transferred to the Commission and become proceedings instituted on the claim in the Commission.

(2) The regulations may make provisions of a savings and transitional nature consequent on the operation of this clause.

(3) The power to make regulations under subclause (2) extends to authorise the making of regulations whereby provisions of the Workers Compensation Acts are taken to be amended in the manner set forth in the regulations.

Note : This clause does not apply to coal miner claims as those claims are not subject to the transfer provisions of clause 5.

7 False claims and recovery of overpayments

Sections 67 and 68 of the 1998 Act continue to apply as in force before their repeal to and in respect of a statement made by a person before their repeal.

8 New procedures for making a claim

(1) Division 2 of Part 2 (sections 259-264) and Divisions 2-5 of Part 3 (sections 274-286), except section 284, of Chapter 7 of the 1998 Act extend (subject to any modifications prescribed by the regulations for the purposes of this clause) to the making of a claim after the commencement of those sections even if the claim is an existing claim.

(2) This clause has effect despite section 251 of the 1998 Act.

9 Amendments relating to common law damages

(1) 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.

(2) 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 --

(a) the proceedings are to be adjourned until after the commencement of Schedule 1.2 to that Act, and

(b) 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.

(3) 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.

(4) 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.

10 Compensation for domestic assistance

The amendments made by Schedule 3 (Amendments relating to compensation for domestic assistance) to the Workers Compensation Legislation Further Amendment Act 2001 extend to domestic assistance provided after the commencement of the amendments (whenever the injury concerned was received) but do not so extend in a case where damages (within the meaning of Part 5 of this Act) have been recovered from the employer liable to pay compensation under this Act in respect of the injury.

11 Commutations

(1) Section 51 (Exit payments by commutation of weekly payments) is taken to have been repealed on the commencement of this clause.

(2) Section 51 continues to apply, as if it had not been repealed, to the commutation of a liability if--

(a) an application for a determination under that section in respect of the liability is pending immediately before the commencement of this clause, but only so as to authorise the determination of such an application before 31 March 2002, or

(b) an application for determination of a dispute in respect of the liability is pending before the Compensation Court immediately before the commencement of this clause, but only so as to authorise the commutation of a liability before 31 March 2002.

(3) Except as provided by subclause (2), Division 9 (Commutation of compensation) of Part 3 applies to the commutation of a liability arising in respect of an injury received before or after the commencement of that Division.

(4) A liability may be commuted under Division 9 of Part 3 even if the Compensation Court refused, before the repeal of section 51, to make a determination under that section or under section 15 of the former Act.

(5) Clauses 6-6B of Part 4 of this Schedule do not apply in respect of the commutation or redemption of a liability after the commencement of this clause (except for the purposes of the continued operation of section 51 pursuant to subclause (2)).

13 Operation of conciliation provisions--existing claims

The regulations may make provision for or with respect to disapplying or modifying the application or operation of any of the provisions of Divisions 3-5 of Part 2 of Chapter 4 of the 1998 Act in respect of existing claims or any class of existing claims.

14 Disclosure of information to Commission

(1) The Authority or an authorised officer may disclose to the Commission or to a member or member of staff of the Commission information obtained in connection with the administration or execution of this Act or the 1998 Act that is reasonably necessary to enable the Commission to carry out its functions.

(2) A disclosure of information pursuant to this clause is not prevented by section 243 (Disclosure of information) of the 1998 Act.

(3) The Authority or an authorised officer is authorised to not comply with a provision of the Privacy and Personal Information Protection Act 1998 to the extent necessary to enable the disclosure of information pursuant to this clause.

(4) In this clause--


"authorised officer" means an officer of the Authority, the Department of Industrial Relations or the Compensation Court authorised by the Commission for the purposes of this clause.

15 Expiration of current insurer licences

(1) A licence granted under Division 3 of Part 7 of the 1987 Act and in force immediately before the commencement of this clause remains in force as if the period specified in the licence as the period during which it is to be in force were an indefinite period that ends on the expiration date for the licence notified under this clause.

(2) The Authority may by notice in writing to the holder of such a licence notify the expiration date for the licence.

(3) This clause continues to have effect despite the enactment of section 176 by the Workers Compensation Amendment Act 2008 .

Part 18D - Provisions consequent on enactment of Compensation Court Repeal Act 2002

1 Definitions

In this Part--


"coal miner matter" is defined in the 1998 Act.


"District Court conciliator" means a person appointed and employed under the Public Sector Management Act 1988 as a conciliator in the District Court for the purposes of the conciliation of claims concerning coal miner matters.

2 Conciliation in coal miner matters

(1) A District Court conciliator has and may exercise all the powers, authorities, duties and functions conferred on a District Court conciliator as a result of the operation of this Part.

(2) The Chief Judge of the District Court may issue guidelines for or with respect to the referral of disputes for conciliation and the conduct of conciliations by District Court conciliators.

(3) On and from the repeal of the Compensation Court Act 1984 , Divisions 3 and 4 of Part 2 of Chapter 4 of the 1998 Act apply to and in respect of coal miner matters subject to the following modifications--

(a) a reference in those provisions to a conciliator is to be read as a reference to a District Court conciliator,

(b) a reference in those provisions to the Principal Conciliator is to be read as a reference to the Chief Judge of the District Court,

(c) sections 77 and 78 (1) do not apply,

(d) section 78 (2) is to be read as requiring the District Court to refer a dispute in respect of which proceedings have been commenced in the Court to a District Court conciliator for conciliation,

(e) sections 79A and 81A do not apply,

(f) section 84 (2) is to be read as requiring a District Court conciliator to issue a conciliation certificate at the conclusion of the conciliation (including conclusion by way of cessation pursuant to section 90 as modified by paragraph (j)),

(g) section 84 (5) is to be read as if the words "A conciliation certificate is a certificate as to such of the following matters as the Principal Conciliator directs" were omitted and the words "A conciliation certificate is a certificate as to the following matters" were inserted instead,

(h) section 87 (1) and (5) do not apply and section 87 (4) is to be read as providing that District Court conciliators are subject to Rules of the District Court as well as to guidelines issued by the Chief Judge,

(i) section 88 does not apply,

(j) section 90 is to be read as providing (in addition to the matters provided for in that section) that--

(i) conciliation must cease 35 days after the District Court conciliator notifies the parties that the dispute has been referred to conciliation if, before the expiry of that period, the conciliator has not issued a certificate certifying that the conciliation was successful, unless the parties to the conciliation agree to continue the conciliation for a specified period of time (which period may be extended by further agreement), and

(ii) the District Court may not proceed to hear or determine a dispute that has been referred to conciliation until conciliation of the dispute has concluded (whether or not by way of cessation pursuant to section 90, as modified by this paragraph).

3 Medical referees and panels--coal miner and existing claim matters

(1) The Principal Registrar of the District Court may appoint approved medical specialists to be medical referees for the purposes of coal miner matters and existing claim matters.

(2) A medical panel is to be constituted for the purposes of a coal miner matter or existing claim matter by 2 or more medical referees nominated by (or in accordance with arrangements made by) the Principal Registrar.

(3) If an approved medical specialist has been employed as a medical practitioner in connection with any case by or on behalf of an employer or worker, or by an insurer interested in that case, the approved medical specialist is not qualified to act as a medical referee or on a medical panel in that case.

(4) In this clause--


"Principal Registrar" of the District Court means the registrar of the District Court for Sydney.

4 Matters pending before medical referees and medical panels

(1) If a medical dispute or matter referred to a medical referee or medical panel is pending immediately before the repeal of the Compensation Court Act 1984 , the medical referee continues in office and the medical panel continues to be constituted (as if that Act had not been repealed) for the purposes of enabling the medical referee or medical panel to give a certificate or report on the medical dispute or matter concerned.

(2) A function can be exercised under section 129 (Power to correct mistakes in medical reports or certificates) of the 1998 Act by a medical referee or medical panel after the repeal of the Compensation Court Act 1984 as if that Act had not been repealed and the medical referee or medical panel still held office or were still constituted under that Act.

(3) This clause applies despite section 10 of the Compensation Court Repeal Act 2002 (which provides for medical referees to cease to hold office on the repeal of the Compensation Court Act 1984 ).

Part 18E - Provisions consequent on enactment of 2002 compliance amendments

1 Definition

In this Part--


"2002 compliance amendments" means the amendments made by Schedule 2 to the Workers Compensation Legislation Amendment Act 2002 .

2 Definition of wages

(1) An amendment made by the 2002 compliance amendments to the definition of
"wages" in section 174 (9)--

(a) does not apply to wages paid before the commencement of the amendment, and

(b) does not apply in respect of a policy of insurance issued or renewed before the commencement of the amendment.

(2) Paragraphs (b1) and (b2) of the definition of
"wages" in section 174 (9) extend to payments that relate to leave that accrued before the commencement of those paragraphs.

4 Liability of principal contractors

(1) Section 175B extends to a contract entered into before the commencement of that section.

(2) However, section 175B does not apply in respect of workers compensation insurance premiums payable in respect of work done before the commencement of that section.

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.

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.

Part 18G - Provisions consequent on enactment of 2003 trainee amendments

1 Definitions

In this Part--


"the 2003 amending Act" means the Workers Compensation Legislation Amendment (Trainees) Act 2003 .


"trainee" means a trainee within the meaning of section 158 of this Act as in force immediately before its repeal by the 2003 amending Act.

2 Insurance for trainees

(1) Section 158 (2) of this Act (as in force immediately before its repeal by the 2003 amending Act) continues to have effect in relation to any person employed as a trainee immediately before that repeal until 31 December 2004, or the end of the traineeship, whichever first occurs (the
"end of the continued insurance period" ).

(2) Section 158 of this Act (as in force immediately before its repeal by the 2003 amending Act) continues to apply to and in respect of a policy of insurance deemed by that section to be held by an employer in respect of a trainee referred to in subclause (1) until the end of the continued insurance period.

(3) The repeal of section 158 by the 2003 amending Act does not affect the validity of a policy of insurance referred to in subclause (2) to the extent that it relates to any liability of the employer with respect to that trainee referred to in section 158 (3) before its repeal that arises before the end of the continued insurance period.

(4) Clause 50 (2) of the Workers Compensation Regulation 2003 (as in force immediately before its repeal by the 2003 amending Act) continues to have effect in relation to the wages of a trainee referred to in subclause (1) until the end of the continued insurance period.

Part 18H - Provisions consequent on enactment of 2004 amending Act

1 Definition

In this Part--


"2004 amending Act" means the Workers Compensation Legislation Amendment Act 2004 .

2 Appeals

The amendment made by the 2004 amending Act to section 352 of the 1998 Act extends to an appeal made under that section before the commencement of the amendment.

3 Compensation for domestic assistance

An amendment made by the 2004 amending Act to section 60AA does not apply to domestic assistance provided before the commencement of the amendment but otherwise extends to apply in respect of an injury received before the commencement of the amendment.

4 Pre-1995 insurance cover and occupational diseases

(1) The amendments made by the 2004 amending Act that insert section 151AAA and amend section 151AB are for the removal of doubt and accordingly extend to liabilities arising before the commencement of the amendments, but not so as to affect any decision of a court, or any compromise or settlement, made before the commencement of the amendments, subject to subclause (2).

(2) For the purposes of the making and determination of any appeal (including providing grounds for appeal) against a decision of a court made before the commencement of the amendments referred to in subclause (1), being an appeal pending on or made after that commencement, those amendments extend to liabilities that are the subject of any such decision.

Part 18I - Provisions consequent on enactment of Workers Compensation and Other Legislation Amendment Act 2004

1 Payment of funeral expenses

(1) Section 27 (a), as substituted by the Workers Compensation and Other Legislation Amendment Act 2004 , extends to the death of a worker occurring on or after the date that the Bill for that Act was first introduced into Parliament but before the commencement of the substitution.

(2) Section 27A, as inserted by the Workers Compensation and Other Legislation Amendment Act 2004 , extends to the death of a worker occurring on or after the date that the Bill for that Act was first introduced into Parliament but before the commencement of that section.

2 Appointment of approved medical specialists

The appointment of an approved medical specialist under section 320 of the 1998 Act made before the commencement of section 320 (1A), as inserted by the Workers Compensation and Other Legislation Amendment Act 2004 , cannot be challenged, reviewed or called into question in any proceedings before any court or tribunal on the ground that the appointment was made in consultation with, or on the recommendation of, the Council or a committee of the Council.

3 Qualifications to assess permanent impairment

Section 376 (1) (a1) of the 1998 Act, as inserted by the Workers Compensation and Other Legislation Amendment Act 2004 , extends to guidelines issued before the commencement of that paragraph.

Part 18J - Provisions consequent on enactment of Workers Compensation Legislation Amendment (Miscellaneous Provisions) Act 2005

1 Definition

In this Part--


"the amending Act" means the Workers Compensation Legislation Amendment (Miscellaneous Provisions) Act 2005 .

2 Application of claim review provisions

(1) In this clause--


"claim review provisions" means sections 287A and 289A of the 1998 Act, as inserted by the amending Act.

(2) The claim review provisions apply in respect of a claim for compensation made before the commencement of section 287A as follows--

(a) the provisions apply to a claim for which a notice under section 54 of this Act, or section 74 of the 1998 Act, is given after that commencement,

(b) the provisions apply to any other claim referred to the Registrar for determination by the Commission after the end of the period of 6 months after that commencement.

3 Expedited assessment procedures

Division 2A of Part 5 of Chapter 7 of the 1998 Act, as inserted by the amending Act, applies to a dispute arising before the commencement of that Division but does not apply to a matter referred to the Commission before that commencement.

4 Medical disputes

(1) In this clause--


"medical assessment provisions" means section 321 (3) and (4) of the 1998 Act, as inserted by the amending Act.


"medical reconsideration provisions" means sections 327 (6) and 329 (1A) of the 1998 Act, as inserted by the amending Act.

(2) The medical assessment provisions apply in respect of an injury that occurred before the commencement of the provisions but do not apply to a matter referred to the Commission before that commencement.

(3) The medical reconsideration provisions apply in respect of a medical assessment made under Part 7 of Chapter 7 of the 1998 Act before the commencement of the provisions.

5 Appeals from decisions of Arbitrators

The amendments made to section 352 of the 1998 Act by the amending Act apply in respect of a claim for workers compensation made before the commencement of the amendments.

6 Reconsideration of decisions

Part 11 of Chapter 7 of the 1998 Act, as inserted by the amending Act, applies in respect of decisions made before the commencement of that Part.

7 Clarification of deeming provisions relating to employment of workers

The amendments to Schedule 1 to the 1998 Act, which were made by Schedule 2.1 (other than Schedule 2.1 [4[#93]) to the amending Act, were inserted to avoid doubt and accordingly the Schedule is taken to apply in respect of any injured worker, including a worker who was injured or died before the commencement of those amendments, but not so as to affect any decision of a court made before the commencement of those amendments.

8 Contractors under labour hire services arrangements

(1) Clause 2A of Schedule 1 to the 1998 Act, which was inserted by Schedule 2.1 [4[#93] to the amending Act, applies--

(a) in relation to a labour hire agency (as referred to in that clause) that has obtained and maintains a policy of insurance as at the commencement of the clause--only on and from the renewal of that policy or the issue of the agency's next policy of insurance, and

(b) in relation to a labour hire agency (as referred to in that clause) that does not have a policy of insurance as at the commencement of the clause--on and from that commencement.

(2) This clause does not limit any requirement or liability that a labour hire agency or any other person has under the 1998 Act otherwise than by operation of clause 2A of Schedule 1 to the 1998 Act.

9 Increased compensation for permanent back injuries under section 66

Section 66 (2A), as inserted by the amending Act, does not apply to permanent impairment that results from an injury that occurred before 1 January 2006.

10 Agreements relating to compensation for permanent impairment

(1) Section 66A, as in force immediately before its repeal by the amending Act, continues to apply to and in respect of any agreement registered in accordance with that section prior to its repeal.

(2) Section 66A, as inserted by the amending Act, extends to injuries that occurred before the commencement of that section.

11 Amendments as to costs made by the amending Act

(1) The amendments made by the amending Act to sections 340 and 342 of the 1998 Act extend to proceedings commenced before the commencement of those amendments.

(2) The amendments made by the amending Act to sections 345 and 352 of the 1998 Act do not apply to appeals commenced before the commencement of those amendments.

Part 19 - Miscellaneous provisions

1 Repeal of former Acts on different dates

Different days may be appointed for the commencement of section 281 of this Act (Repeals) in its application to Schedule 5 for the purpose of repealing different Acts (or different provisions of the same Act) on different days.

2 Commencement of certain licensing provisions on date of assent

Division 3 of Part 7 of this Act, except section 179 (Offence--unlicensed insurers), has effect as if it had commenced on the date of assent to this Act for the purposes of the making and determination of any application for a licence under that Division.

3 Savings for amending Acts etc

The repeal by this Act of any enactment does not affect any amendment or validation made by the enactment.

4 Transitional arrangements for allocation of work between Judges and commissioners

Until the repeal of section 109 of the Workers Compensation Act 1987 --

(a) the Chief Judge of the Compensation Court may exercise any of the powers of the Senior Workers Compensation Commissioner under that section to transfer any matter or proceedings to the Compensation Court, and

(b) the Senior Workers Compensation Commissioner may only exercise those powers in accordance with the directions of the Chief Judge.

5 Repeal of Regulations relating to commissioners and review officers

The following Regulations are repealed--

Workers Compensation (Fees and Costs) Regulation 1988

Workers Compensation (Review Officers) Regulation 1987 .

6 Transfer of functions from Authority to Public Trustee

(1) In this clause--


"the Public Trustee amendments" means the amendments made by Schedule 1.9 to the WorkCover Legislation Amendment Act 1996 .

(2) An application made under section 29 or 30 of this Act to or by the Authority before the commencement of the Public Trustee amendments is to continue and be dealt with as if those amendments had not been made.

(3) A decision of the Authority under section 29 is, after the commencement of the Public Trustee amendments, taken to be a decision of the Public Trustee.

(4) All money and investments belonging to the common fund, Income Suspense Account or Investment Guarantee Account referred to in section 86 of this Act are to be transferred from the Authority to the Public Trustee, to form part of the common fund under section 36A of the Public Trustee Act 1913 .

(5) Compensation paid to the Authority under section 85 of this Act is after the commencement of the Public Trustee amendments taken to have been paid to the Public Trustee under that section. Anything done by the Authority under sections 85-87 is after the commencement of the Public Trustee amendments taken to have been done by the Public Trustee.

(6) The Public Trustee amendments do not affect any liability of the Authority that arose before the commencement of those amendments or that arises after that commencement in respect of any act or omission by the Authority before that commencement. Any such liability remains a liability of the Authority and does not (as a result of those amendments) become a liability of the Public Trustee.

7 Provision transferred from Workers' Compensation (Brucellosis) Act 1979

(1) Any certificate issued as referred to in a provision of the Workers' Compensation (Brucellosis) Act 1979 (
"the 1979 Act" ) and--

(a) in force immediately before the date of the repeal of that provision effected by section 41 of the 1979 Act as in force before the commencement of the Workers' Compensation (Brucellosis) Revival and Amendment Act 1986 , or

(b) in force immediately before the date of the repeal of that provision effected by section 41 of the 1979 Act as in force after that commencement,

shall continue to have force and effect as if that repeal had not been effected.

Note : Parts 2-5 of the 1979 Act were repealed on 1 January 1985 by section 41 of that Act as originally enacted. Paragraph (a) saves relevant certificates in force immediately before that date.

Parts 2-5 of the 1979 Act were revived by the Workers' Compensation (Brucellosis) Revival and Amendment Act 1986 . Those revived provisions were repealed on 1 July 1988. Paragraph (b) saves relevant certificates in force immediately before that date.

(2) Subclause (1) re-enacts (with minor modification) section 39 (2) of the 1979 Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.

Note : The transfer enabled the repeal of the 1979 Act by the Statute Law (Miscellaneous Provisions) Act 2011 .

Part 19A - Provisions consequent on enactment of Workers Compensation Amendment (Insurance Reform) Act 2003

1 Definitions

In this Part--


"amending Act" means the Workers Compensation Amendment (Insurance Reform) Act 2003 .


"managed fund insurer" means an insurer who is a licensed insurer (other than a specialised insurer) immediately before the commencement of this Part.


"relevant date" , in relation to a managed fund insurer, means the date appointed by the Authority by order published in the Gazette as the relevant date for the insurer for the purposes of this Part.


"statutory fund" means a statutory fund maintained by a managed fund insurer immediately before the relevant date for the insurer.

3 General transitional arrangements in relation to managed fund insurers

(1) On and from the relevant date for a managed fund insurer, the following provisions have effect--

(a) the managed fund insurer cannot issue a policy of insurance for the purposes of this Act,

(b) the Nominal Insurer becomes the insurer under every policy of insurance issued by the managed fund insurer before that date as if the Nominal Insurer had issued the policy instead of the licensed insurer,

(c) anything done or omitted to be done by the managed fund insurer before that date in respect of such a policy of insurance or any claim or liability under the policy is taken to have been done by the managed fund insurer as agent for the Nominal Insurer,

(d) a reference to a managed fund insurer in any contract that is of a class prescribed by regulations is, to the extent necessary to give effect to the other provisions of this subclause and subject to the regulations, taken to be a reference to the Nominal Insurer,

(e) any liability of a managed fund insurer as insurer under such a policy of insurance existing immediately before that date is taken to be a liability of the Nominal Insurer as insurer under that policy,

(f) any claim or proceeding against the managed fund insurer in respect of such a policy of insurance or any claim or liability under the policy is taken to be a claim or proceeding against the Nominal Insurer,

(g) the managed fund insurer may (except as otherwise provided by the regulations or as directed by the Nominal Insurer) continue to act as agent for the Nominal Insurer.

(2) The regulations may make provision for the arrangements that are to apply in relation to a managed fund insurer who acts as agent for the Nominal Insurer under subclause (1) (g).

(3) Nothing in subclause (1) or (2) gives rise to any entitlement on the part of a managed fund insurer to be appointed as a scheme agent.

(4) Nothing in subclause (1) affects the liability of a managed fund insurer (or of a director of a company that is a managed fund insurer) for any breach of duty as a trustee arising under this Act or any other Act or law whether before or after the commencement of this Part.

4 Closure of statutory funds

(1) On the relevant date for a managed fund insurer, the statutory fund of the managed fund insurer is closed and the assets and liabilities of that fund are transferred to, and become the assets and liabilities of, the Insurance Fund.

(2) Any amount payable to the statutory fund of a managed fund insurer before the relevant date for the insurer that is unpaid on that date becomes payable on that date to the Insurance Fund.

5 Certain repealed provisions continue to have effect until relevant date

The provisions repealed by Schedule 2 [47[#93] to the amending Act continue to have effect, despite their repeal, in relation to a managed fund insurer until the relevant date for the insurer.

6 Cancellation of licence of managed fund insurer

(1) On the relevant date for a managed fund insurer, the licence of the managed fund insurer under Division 3 of Part 7 of this Act is cancelled.

(2) No compensation (including compensation for loss of business or any goodwill associated with a business) is payable in respect of the cancellation of such a licence.

(3) The cancellation of the licence of a managed fund insurer does not in itself give rise to any right of action against the managed fund insurer, the Authority, the Nominal Insurer or a scheme agent.

(4) A managed fund insurer has no entitlement to appointment as a scheme agent and is not entitled to any compensation as a result of not being appointed as a scheme agent.

7 Insurance records of managed fund insurers

(1) On the relevant date for a managed fund insurer, all insurance records of the managed fund insurer become the property of the Nominal Insurer.

(2) If an insurance record is in such a form that information can only be produced or made available from it by means of the use of particular equipment or information technology (such as computer software), the managed fund insurer must, after the relevant date, take such action as may be necessary to ensure that the information remains able to be produced or made available to the Nominal Insurer.

(3) The regulations may--

(a) make provision for or with respect to the requirements of managed fund insurers in relation to the insurance records of the insurer, and

(b) create offences punishable by a penalty not exceeding 200 penalty units for contravention of any such requirement.

(4) In this clause--


"insurance records" of a managed fund insurer means all records that are the property of the insurer and that relate to policies of insurance issued by the insurer or to any claim, judgment or award made in respect of any such policies.

8 Existing agreements under section 208AA

An agreement entered into under section 208AA and in force immediately before the commencement of Schedule 2 [58[#93] to the amending Act is taken to be an agreement entered into under that section as amended by the amending Act.

9 Premiums Adjustment Fund

On the repeal of section 203 by Schedule 2 [47[#93] to the amending Act, the assets and liabilities of the Premiums Adjustment Fund become assets and liabilities of the Insurance Fund.

10 Insurers' Contribution Fund

(1) On the repeal of section 218 by Schedule 2 [66[#93] to the amending Act, the assets and liabilities of the Insurers' Contribution Fund become assets and liabilities of the Insurance Fund.

(2) Any entitlement to payment from the Insurers' Contribution Fund immediately before the repeal of section 218 becomes an entitlement to payment from the Insurance Fund.

11 Pending claims etc under ULIS

Without limiting clause 1 of Part 20 of this Schedule, the regulations may make provision for or with respect to the following--

(a) the manner in which claims made under Division 6 of Part 4 and pending on the commencement of Schedule 2 [8[#93] to the amending Act are to be dealt with,

(b) the transfer to the Nominal Insurer and the Insurance Fund of the assets, rights and liabilities of the Authority and the WorkCover Authority Fund in relation to claims made under Division 6 of Part 4 before that commencement,

(c) any other matter that is consequential on the amendments made to Division 6 of Part 4 by the amending Act.

Part 19B - Provisions consequent on enactment of Workers Compensation Legislation Amendment Act 2006

1 Bringing about common renewal date for group member's policies: section 175G

(1) Section 175G of this Act (Members of group to have policies with same scheme agent and common renewal date) does not apply to an employer that is a member of a group existing at the commencement of that section until one of the following events occurs--

(a) one employer who is a member of the group obtains a policy of insurance for the first time,

(b) one employer who is a member of the group renews a policy of insurance.

(2) At the time that an employer who is a member of a group obtains a policy of insurance for the first time, or renews a policy of insurance, as referred to in subclause (1), all other members of the group who have obtained and maintained policies of insurance must arrange for those policies to be altered, or transferred to another scheme agent, or both, so that all those members comply with section 175G of this Act.

Part 19C - Provisions consequent on enactment of Industrial Relations Further Amendment Act 2006

1 Application of Part 8

(1) Part 8 (as inserted by the Industrial Relations Further Amendment Act 2006 ) applies in relation to injured workers who are dismissed on or after the commencement of the Part.

(2) The provisions of Part 7 of Chapter 2 of the Industrial Relations Act 1996 (as in force immediately before their repeal by the Industrial Relations Further Amendment Act 2006 ) continue to apply in relation to injured employees within the meaning of that Part who were dismissed before the day on which that Part was repealed as if the provisions had not been repealed.

Part 19D - Provisions consequent on enactment of Workers Compensation Amendment Act 2008

1 Single policy of insurance

Section 155 (1AA) does not apply in respect of a policy of insurance in force immediately before the date of commencement of that subsection during the period that is the current period of insurance for the policy on that date of commencement.

2 Exemption from obtaining insurance

(1) Section 155AA does not apply in respect of a financial year before the financial year commencing on 1 July 2008.

(2) For the purposes of this clause and section 155AA, the period after 4 pm on 30 June 2008 forms part of the financial year commencing on 1 July 2008.

Part 19E - Provisions consequent on enactment of Workers Compensation Legislation Amendment (Financial Provisions) Act 2008

1 Payment of contribution on premium income of Nominal Insurer

(1) There is payable from the Insurance Fund to the WorkCover Authority Fund an amount equal to the relevant percentage of premium income of the Nominal Insurer that is due but unpaid at the end of June 2008 less a provision for any premiums that the Nominal Insurer determines are unlikely to be paid. The
"relevant percentage" is the percentage rate of contribution payable under section 39 (2) of the 1998 Act.

(2) Any liability of the Nominal Insurer to pay a contribution under section 39 of the 1998 Act in respect of premium income of the Nominal Insurer received before 1 July 2008 continues despite the amendment of that section by the Workers Compensation Legislation Amendment (Financial Provisions) Act 2008 .

(3) A payment required by this clause is to be made as soon as practicable after 30 June 2008.

Part 19F - Provisions consequent on enactment of Workers Compensation Legislation Amendment (Benefits) Act 2008

1 Definition

In this Part--


"2008 amending Act" means the Workers Compensation Legislation Amendment (Benefits) Act 2008 .

2 Changes to death benefit

(1) The amendments made by the 2008 amending Act with respect to compensation payable under Division 1 (Compensation payable on death) of Part 3 (a
"death benefit" ) extend to deaths that occur on or after 24 October 2007 (whenever the injury occurred), but not to a death resulting from an injury received before 30 June 1987.

(2) In the case of a death benefit that is payable to a worker's legal personal representative in respect of death occurring before the commencement of this clause, the regulations may make provision for payment of the death benefit to any beneficiary or creditor of the deceased worker's estate (instead of to the legal personal representative) where administration of the deceased's estate is finalised before or within 6 months after the commencement of this clause.

(3) Regulations under subclause (2) may extend to compensation payable under section 10 (a) or 26 (a) of the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 .

Part 19G - Provisions consequent on enactment of Workers Compensation Legislation Amendment Act 2010

1 Definition

In this Part--


"2010 amending Act" means the Workers Compensation Legislation Amendment Act 2010 .

2 Weekly payments during partial incapacity

An amendment made by the 2010 amending Act to section 40 of the 1987 Act applies only to compensation payable pursuant to a claim for compensation made after the commencement of the amendment (and so applies even if the injury concerned was received before that commencement).

3 Retirement age

The amendment made by the 2010 amending Act to section 151IA of the 1987 Act does not apply to an award of damages in proceedings commenced before the commencement of the amendment.

4 Rates applicable for occupational rehabilitation services

The repeal by the 2010 amending Act of section 63A (3) and (4) of the 1987 Act does not affect a claim for an amount payable under that section made before the commencement of the repeal and that section and regulations under that section continue to apply in respect of such a claim as if the provisions had not been repealed.

5 Reimbursement for costs of medical certificate and examination

Section 73 (3) of the 1987 Act extends to compensation payable in respect of the obtaining of a permanent impairment medical certificate and any examination required for the certificate before the commencement of that subsection.

6 Lump sum compensation to be paid before damages recovered

Section 280B of the 1998 Act extends to a claim for damages that is pending immediately before the commencement of that section (but does not apply to a claim finally determined or settled before that commencement).

7 Appeal against medical assessment

An amendment made by the 2010 amending Act to section 327 or 328 of the 1998 Act extends to a medical assessment made before the commencement of the amendment (including an appeal made before that commencement) but not so as to affect any decision of a court, the Registrar or an Appeal Panel made before the commencement of the amendment.

8 Appeal against decision of Commission constituted by Arbitrator

(1) An amendment made by the 2010 amending Act to section 352 of the 1998 Act does not apply to an appeal when the decision appealed against is a decision made before the commencement of the amendment, except as provided by subclause (2).

(2) Section 352 (5A) of the 1998 Act is for the removal of doubt and extends to appeals pending on the commencement of that provision.

9 Adjustment of maximum interim medical expenses payment

For the purposes of the operation of Division 6 (Indexation of certain amounts) of Part 3 of the 1987 Act in relation to the adjustable amount in section 297 (2) of the 1998 Act, 1 October 2010 is not an adjustment date and the first adjustment date is 1 April 2011. Accordingly, the first adjustment under that Division of that adjustable amount is to be the adjustment provided for under that Division on and from 1 April 2011.

10 Coal miners

(1) The amendments made by the 2010 amending Act do not apply to or in respect of coal miners, and this Act and the 1998 Act (and the regulations under those Acts) apply to and in respect of coal miners as if those amendments had not been enacted.

(2) In this clause,
"coal miner" means a worker employed in or about a mine.

Part 19H - Provisions consequent on enactment of Workers Compensation Legislation Amendment Act 2012

Division 1 - Preliminary

1 Definitions

In this Part--


"2012 amending Act" means the Workers Compensation Legislation Amendment Act 2012 .


"benefits amendments" means the amendments made by Schedules 1-7 to the 2012 amending Act.


"existing recipient of weekly payments" means an injured worker who is in receipt of weekly payments of compensation immediately before the commencement of the weekly payments amendments.


"first 26 weeks of incapacity" has the meaning it had under section 34 of the 1987 Act, as in force before the weekly payments amendments.


"introduction date" means the date of introduction into Parliament of the Bill for the 2012 amending Act.


"seriously injured worker" has the same meaning as in Division 2 of Part 3 of the 1987 Act.


"transitional amount" has the meaning given by clause 2.


"weekly payments amendments" means the amendments made by the 2012 amending Act to Division 2 (Weekly compensation by way of income support) of Part 3 of the 1987 Act, other than the amendment made to section 52 (Termination of weekly payments on retiring age) of the 1987 Act.

2 Transitional amount

(1) The
"transitional amount" is $906.25.

Note : The transitional amount is used as the deemed amount of the pre-injury average weekly earnings of an injured worker for the purpose of determining the weekly payments of compensation payable to existing recipients of weekly payments after they become subject to the weekly payments amendments.

(2) If the transitional amount is adjusted by operation of Division 6 (Indexation of certain amounts) of Part 3 of the 1987 Act, a weekly payment of compensation payable to a worker injured before the date on which the adjustment takes effect is, for any period of incapacity occurring on and after that date, to be determined by reference to that amount as so adjusted.

3 Application of amendments generally

(1) Except as provided by this Part or the regulations, an amendment made by the 2012 amending Act extends to--

(a) an injury received before the commencement of the amendment, and

(b) a claim for compensation made before the commencement of the amendment, and

(c) proceedings pending in the Commission or a court immediately before the commencement of the amendment.

(2) An amendment made by the 2012 amending Act does not apply to compensation paid or payable in respect of any period before the commencement of the amendment, except as otherwise provided by this Part.

4 Application of benefits amendments to other Workers Compensation Acts

The benefits amendments do not apply for the purposes of the Workers' Compensation (Dust Diseases) Act 1942 or the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 and a reference in either of those Acts to a provision of the Workers Compensation Acts is a reference to the provision without regard to any amendment made by the benefits amendments.

5 Savings and transitional regulations

(1) Regulations under Part 20 of this Schedule that contain provisions of a saving or transitional nature consequent on the enactment of the 2012 amending Act may, if the regulations so provide, take effect as from a date that is earlier than the date of assent to the 2012 amending Act.

(2) Clause 1 (3) of Part 20 does not limit the operation of this clause.

(3) A provision referred to in subclause (1) has effect, if the regulations so provide, despite any other provision of this Part.

(4) The power in Part 20 to make regulations that contain provisions of a saving or transitional nature consequent on the enactment of the 2012 amending Act extends to authorise the making of regulations whereby the provisions of the Workers Compensation Acts are deemed to be amended in the manner specified in the regulations.

Division 2 - Weekly payments

6 Application of weekly payments amendments to existing claimants

An existing recipient of weekly payments remains entitled to compensation under Division 2 of Part 3 of the 1987 Act as if the weekly payments amendments had not been made, but only until the weekly payments amendments apply to the compensation payable to the person as provided by this Division.

7 Termination of weekly payments on retiring age

The amendment made by the 2012 amending Act to section 52 of the 1987 Act does not apply in respect of the compensation payable to a person who reached the retiring age referred to in that section before the commencement of the amendment.

8 Work capacity assessment of existing recipients of weekly payments

(1) A work capacity assessment of an existing recipient of weekly payments is to be conducted as provided by this clause for the purposes of facilitating the application of the weekly payments amendments to the worker.

(2) The insurer who is liable to make weekly payments of compensation to an existing recipient of weekly payments must conduct a work capacity assessment of the worker no later than 12 months (or such longer period as may be prescribed by the regulations) after the commencement of the weekly payments amendments.

(3) If an existing recipient of weekly payments is a seriously injured worker, the insurer is not to conduct a work capacity assessment of the worker under this clause.

(4) The Workers Compensation Guidelines may make provision for the staged implementation of the requirement under this clause for a work capacity assessment.

(5) A work capacity assessment can be conducted before the commencement of Schedule 1 to the 2012 amending Act, as if that Schedule had commenced on the date of assent to the 2012 amending Act. For that purpose the Workers Compensation Guidelines can make provision for work capacity assessments before the commencement of Schedule 1 to the 2012 amending Act.

9 Weekly payments amendments to apply after work capacity assessment

(1) On the expiration of a period of 3 months after an insurer first conducts a work capacity assessment of an existing recipient of weekly payments (as required under this Division or otherwise), the weekly payments amendments apply to the compensation payable under Division 2 of Part 3 of the 1987 Act to the worker in respect of any period of incapacity after the expiration of that period.

(2) However, the weekly payments amendments do not apply to the compensation payable under Division 2 of Part 3 of the 1987 Act to the worker in respect of any period of incapacity during the first 26 weeks of incapacity.

(3) For the purposes of the application under this clause of the weekly payments amendments to a worker, the worker's pre-injury average weekly earnings are deemed to be equal to the transitional amount.

Note : The transitional amount is initially $906.25 and is indexed annually.

(4) For the purposes of the application of the weekly payments amendments to the compensation payable under Division 2 of Part 3 of the 1987 Act to a worker in respect of any period of incapacity after the commencement of those amendments, a reference in that Division to a period in respect of which a weekly payment has been paid or is payable to a worker includes such a period that occurred before the commencement of those amendments (or before the application of those amendments to the compensation payable to the worker).

10 Special provision for seriously injured workers

(1) The weekly payments amendments apply from the commencement of those amendments to the compensation payable under Division 2 of Part 3 of the 1987 Act to an existing recipient of weekly payments who is a seriously injured worker.

(2) For the purposes of the application under this clause of the weekly payments amendments to a seriously injured worker, the worker's pre-injury average weekly earnings are deemed to be equal to the transitional amount.

Note : The transitional amount is initially $906.25 and is indexed annually.

11 Special provision for workers receiving section 38 benefits

(1) An existing recipient of weekly payments who is in receipt of weekly payments under section 38 of the 1987 Act immediately before the commencement of the weekly payments amendments remains entitled to compensation under that section in respect of the injury concerned but only for the period provided by that section.

(2) The weekly payments amendments do not apply to the compensation payable to the worker during the period for which the worker remains entitled to compensation under section 38 pursuant to this clause.

12 Odd lot rule workers

An order of the Commission for the payment of compensation to a worker under section 39 (Incapacity treated as total-- "odd-lot" rule) of the 1987 Act that is in force immediately before the commencement of the weekly payment amendments does not limit or prevent the application of the weekly payments amendments to the worker as provided by this Part.

13 Earlier periods of incapacity not counted towards 5 year limit on payments

For the purposes of the application of section 39 (Cessation of weekly payments after 5 years) of the 1987 Act, as substituted by the 2012 amending Act, to the compensation payable after the commencement of that section in respect of an injury that happened before that commencement, no regard is to be had to any period before that commencement in respect of which a weekly payment has been paid or is payable to the worker.

Note : Section 39 limits the payment of weekly payments of compensation to a period of 5 years. Weekly payments made before the commencement of the weekly payments amendments are not counted towards the 5 years.

14 Jurisdiction of Commission

Sections 43 (3) and 44 (5) as inserted by the 2012 amending Act extend to proceedings pending in the Commission when a relevant work capacity decision is made.

Division 3 - Miscellaneous

15 Lump sum compensation

An amendment made by Schedule 2 to the 2012 amending Act extends to a claim for compensation made on or after 19 June 2012, but not to such a claim made before that date.

16 Damages for nervous shock

An amendment made by Schedule 3 to the 2012 amending Act extends to a claim for damages in respect of harm suffered before 19 June 2012 but does not apply to a claim for damages if the claimant commenced court proceedings for the recovery of work injury damages before 19 June 2012.

17 Medical, hospital and rehabilitation expenses

(1) An amendment made by the 2012 amending Act to section 60 of the 1987 Act does not apply in respect of any treatment or service provided before the commencement of the amendment.

(2) In the application of section 59A (Limit on payment of compensation) of the 1987 Act in respect of a claim for compensation made before the commencement of that section--

(a) the claim is deemed to have been made immediately before the commencement of that section, and

(b) no regard is to be had to any weekly payment of compensation paid or payable to the worker before the commencement of that section (for the purpose of determining when a worker ceased to be entitled to weekly payments of compensation).

Note : Section 59A limits the payment of compensation to a period of 12 months after a claim for compensation is made or 12 months after weekly payments of compensation cease. Subclause (2) ensures that for existing claims the 12 month period will commence no earlier than the commencement of the section.

18 Journey claims

An amendment made by Schedule 5 to the 2012 amending Act extends to an injury received on or after 19 June 2012 but does not apply to an injury received before that date.

19 Heart attack and stroke injuries

Section 9B extends to an injury received on or after 19 June 2012 but does not apply to an injury received before that date.

20 Disease injuries

An amendment made by Schedule 7 to the 2012 amending Act extends to an injury received on or after 19 June 2012 but does not apply to an injury received before that date.

21 Costs in proceedings

An amendment made by the 2012 amending Act to section 341 (Costs to be determined by Commission) of the 1998 Act does not apply in respect of proceedings commenced in the Commission before the commencement of the amendment.

22 Commutation

(1) The Authority may defer consideration of an application for registration of a commutation agreement under Division 9 of Part 3 of the 1987 Act that is made on or after the introduction date (a
"transitional commutation agreement" ) until 3 months after a work capacity assessment of the injured worker is conducted.

(2) If the amount of compensation payable to an existing recipient of weekly payments of compensation changes as a result of an amendment made by the 2012 amending Act, the change applies for the purposes of the commutation of a liability for that compensation under Division 9 of Part 3 pursuant to a transitional commutation agreement.

23 Assessment of permanent impairment

(1) For the purposes of determining the degree of permanent impairment of an injured worker whose injury happened before 1 January 2002, the worker or the insurer may refer the matter for assessment under Part 7 of Chapter 7 of the 1998 Act. That Part applies in respect of such an assessment as if the matter referred for assessment were a dispute.

(2) This clause does not apply to a worker in respect of an injury if the degree of permanent impairment of the worker resulting from the injury has been assessed before the commencement of this clause.

24 Inspectors

(1) An authorisation of a person that is in force for the purposes of section 238 of the 1998 Act immediately before the amendment of that section by the 2012 amending Act is deemed to be an authorisation of the person as an inspector for the purposes of that section.

(2) A search warrant issued under section 238A of the 1998 Act to a person as an authorised officer and in force immediately before the amendment of that section by the 2012 amending Act is deemed to have been issued to the person as an inspector.

(3) Any act, matter or thing done or omitted to be done by a person as an authorised officer for the purposes of section 238AA of the 1998 Act is, to the extent that it relates to matters arising after the amendment of that section by the 2012 amending Act, deemed to have been done or omitted by the person as an inspector under that section.

25 Police officers, paramedics and firefighters

The amendments made by the 2012 amending Act do not apply to or in respect of an injury received by a police officer, paramedic or firefighter (before or after the commencement of this clause), and the Workers Compensation Acts (and the regulations under those Acts) apply to and in respect of such an injury as if those amendments had not been enacted.

26 Coal miners

(1) The amendments made by the 2012 amending Act do not apply to or in respect of an injury received by a coal miner (before or after the commencement of this clause), and the Workers Compensation Acts (and the regulations under those Acts) apply to and in respect of such an injury as if those amendments had not been enacted.

(2) In this clause--


"coal miner" means a worker employed in or about a mine.

27 Review of amendments

(1) The Minister is to conduct a review of the amendments made by the 2012 amending Act to determine whether the policy objectives of those amendments remain valid and whether the terms of the Workers Compensation Acts remain appropriate for securing those objectives.

(2) The review is to be undertaken as soon as possible after the period of 2 years from the date of assent to the 2012 amending Act.

(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years.

(4) However, if the Minister determines on actuarial advice that the scheme under the Workers Compensation Acts is projected to return to surplus before the end of the period of 2 years--

(a) the review is to be undertaken as soon as possible after that projected date, and

(b) the report of the outcome of the review is to be tabled within 12 months after that projected date.

Part 19I - Provisions consequent on enactment of Workers Compensation Amendment Act 2015

1 Definitions

In this Part--


"2012 existing claim" means a claim for compensation made before 1 October 2012.


"2015 amending Act" means the Workers Compensation Amendment Act 2015 .


"existing recipient of weekly payments" means an injured worker who was in receipt of weekly payments of compensation in respect of the injury immediately before 17 September 2012.

2 Application of amendments generally

(1) Except as provided by this Part or the regulations, an amendment made by the 2015 amending Act extends to--

(a) an injury received before the commencement of the amendment, and

(b) a claim for compensation made before the commencement of the amendment, and

(c) proceedings pending in the Commission or a court immediately before the commencement of the amendment.

(2) An amendment made by the 2015 amending Act does not apply to compensation paid or payable in respect of any period before the commencement of the amendment, except as otherwise provided by this Part.

3 Application of benefits amendments to other Workers Compensation Acts

(1) The amendments made by the 2015 amending Act do not apply for the purposes of the Workers' Compensation (Dust Diseases) Act 1942 or the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 and a reference in either of those Acts to a provision of the Workers Compensation Acts is a reference to the provision without regard to any amendment made by the 2015 amending Act.

(2) This clause does not apply, and is taken never to have applied--

(a) in respect of the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 , to an amendment made by the 2015 amending Act to section 25 of the 1987 Act, or

(b) in respect of the Workers' Compensation (Dust Diseases) Act 1942 , to an amendment made by the 2015 amending Act to section 26 of the 1987 Act, or

(c) to clause 5 of this Part in its application to either of those amendments.

4 Savings and transitional regulations

(1) Regulations under Part 20 of this Schedule that contain provisions of a saving or transitional nature consequent on the enactment of the 2015 amending Act may, if the regulations so provide, take effect from a date that is earlier than the date of assent to the 2015 amending Act.

(2) Clause 1 (3) of Part 20 does not limit the operation of this clause.

(3) A provision referred to in subclause (1) has effect, if the regulations so provide, despite any other provision of this Part.

(4) The power in Part 20 to make regulations that contain provisions of a saving or transitional nature consequent on the enactment of the 2015 amending Act extends to authorise the making of regulations whereby the provisions of the Workers Compensation Acts are deemed to be amended in the manner specified in the regulations.

5 Death benefits

(1) The amendments made by the 2015 amending Act to sections 25 and 26 of the 1987 Act do not apply to deaths that occurred before the date on which the Bill for the 2015 amending Act was introduced into the Legislative Assembly.

(2) For the purposes of the operation of Division 6 of Part 3 of the 1987 Act in relation to the adjustable amount in section 25 of the 1987 Act, 1 October 2015 is not an adjustment date and the first adjustment date is 1 April 2016. Accordingly, the first adjustment under that Division of that adjustable amount is to be the adjustment provided for under that Division on and from 1 April 2016.

6 Workers with highest needs

(1) In this clause--


"transitional worker" means a worker to whom paragraph (b) of the definition of
"seriously injured worker" in section 32A of the 1987 Act applied immediately before the date of assent to the 2015 amending Act.

(2) A transitional worker is taken to be a worker with highest needs for the purposes of Division 2 of Part 3 of the 1987 Act (as amended by the 2015 amending Act) until the degree of permanent impairment is assessed in respect of the worker's injury.

7 Review of work capacity decisions

An amendment made by the 2015 amending Act to section 43 or 44, or to insert Subdivision 3A of Division 2 of Part 3, of the 1987 Act extends to--

(a) a work capacity decision made before the commencement of the amendment, and

(b) the review of a work capacity decision for which an application was made before the commencement of the amendment (whether or not the review had commenced before the commencement of the amendment).

8 Review of work capacity decisions--recovery of costs

A legal practitioner is not entitled to be paid or recover any amount for a legal service provided to a worker or an insurer in connection with a review of a work capacity decision for which an application is made under section 44 of the 1987 Act before the commencement of section 44BF of that Act (as inserted by the 2015 amending Act).

9 Weekly payments

(1) Section 38A of the 1987 Act extends to the determination of the compensation payable in respect of any period of incapacity occurring before the commencement of that section.

(2) The regulations may make provision for or with respect to the adjustment of the amount of weekly payments of compensation payable to an injured worker as a result of the operation of section 38A of the 1987 Act and this clause.

(3) Without limiting subclause (2), the regulations may prescribe the period within which any additional amount payable to an injured worker as a result of the adjustment is to be paid.

10 Termination of weekly payments on retiring age

The amendment made by the 2015 amending Act to section 52 of the 1987 Act extends to a claim for weekly payments of compensation first made on or after 1 October 2012 but does not apply to a claim made before that date.

11 Medical, hospital and rehabilitation expenses

(1) The amendments made by Schedule 3 [1[#93]-[3[#93] to the 2015 amending Act to section 59A of the 1987 Act are for the removal of doubt and, accordingly, that section is taken to have been so amended from its own commencement.

(2) However, those amendments do not affect any decision of the Commission or a court, or any compromise or settlement, made before the commencement of the amendments.

(3) Section 59A of the 1987 Act (as inserted by an amendment made by the 2015 amending Act) extends to the compensation payable to an injured worker who--

(a) first made a claim for weekly payments of compensation in respect of the injury before the commencement of the amendment, but not before 1 October 2012, or

(b) was an existing recipient of weekly payments in respect of the injury.

12 Work assistance

Section 64B of the 1987 Act (as inserted by the 2015 amending Act) does not apply to work assistance provided before the commencement of that section.

13 Lump sum compensation

The amendments made to section 66 of the 1987 Act by the 2015 amending Act do not apply to an injury received by a worker before the commencement of the amendments.

14 Police officers, paramedics and firefighters

(1) The amendments made by the 2015 amending Act do not apply to or in respect of an injury received by a police officer, paramedic or firefighter (before or after the commencement of this clause), and the Workers Compensation Acts (and the regulations under those Acts) apply to and in respect of such an injury as if those amendments had not been enacted.

(2) This clause does not apply to an amendment made by the 2015 amending Act to section 25 or 26 of the 1987 Act (or to clause 5 of this Part in its application to such an amendment).

15 Coal miners

(1) The amendments made by the 2015 amending Act do not apply to or in respect of an injury received by a coal miner (before or after the commencement of this clause), and the Workers Compensation Acts (and the regulations under those Acts) apply to and in respect of such an injury as if those amendments had not been enacted.

(1A) This clause does not apply, and is taken never to have applied, to the amendments made by the 2015 amending Act to sections 25 and 26 of the 1987 Act.

(2) In this clause--


"coal miner" means a worker employed in or about a mine.

Part 19J - Provisions consequent on enactment of State Insurance and Care Governance Act 2015

Note : See also Part 2 of Schedule 4 to the State Insurance and Care Governance Act 2015 which contains provisions relating to the abolition of the WorkCover Authority.

1 Definition

In this Part--


"relevant Act" means the State Insurance and Care Governance Act 2015 .

2 Insurance premiums orders

(1) Despite the substitution of section 168 by the relevant Act, an insurance premiums order may be made under that section (as in force immediately before its substitution) in relation to policies of insurance issued before the substitution of that section as if that section had not been so substituted.

(2) Any amendment (other than this clause) made by the relevant Act that applies in relation to insurance premiums orders in force immediately before the commencement of the amendment does not apply in relation to any such insurance premiums order referred to in subclause (1) or, subject to the regulations, to any insurance premiums order as so in force.

3 Continuation of fund

The Workers Compensation Operational Fund established under the 1998 Act is a continuation of the WorkCover Authority Fund established under that Act as in force immediately before the commencement of this clause.

4 Conciliation of existing claims by conciliators under the 1998 Act

Despite its repeal by the relevant Act, Division 3 of Part 2 of Chapter 4 of the 1998 Act continues to apply in relation to existing claims as if that Division had not been so repealed.

Part 19K - Provisions consequent on enactment of Workers Compensation Legislation Amendment (Firefighters) Act 2018

1 Existing diseases

(1) An eligibility provision extends to a disease contracted by a firefighter in relation to which either of the following occurred before the commencement of the eligibility provision (an
"existing disease" )--

(a) the disease was first diagnosed by a medical practitioner,

(b) the firefighter died as a result of the disease.

(2) However, an eligibility provision does not extend to a disease contracted before 27 September 2018 unless--

(a) a claim for compensation is made under the relevant compensation Act in respect of the disease before the commencement of the eligibility provision, and

(b) liability for the claim has been denied, and the grounds on which liability has been denied include that the disease was not contracted in the course of the worker's employment or that the employment was not a contributing factor, or a substantial contributing factor, to contracting the disease.

(3) For the purposes of the application of an eligibility provision to an existing disease, the date of injury in relation to the disease is taken to be the date on which the provision commences.

(4) A further claim for compensation may be made under the relevant compensation Act in respect of an existing disease to which an eligibility provision applies if, before the commencement of the eligibility provision--

(a) a claim for compensation was made under that Act (whether or not the claim has also been the subject of proceedings in the Commission or a court), and

(b) liability for the claim is denied on the ground that the disease was not contracted in the course of the worker's employment or that the employment was not a contributing factor, or a substantial contributing factor, to contracting the disease.

(5) However, a further claim for compensation may not be made as provided by subclause (4) if liability for the claim is denied on any ground other than a ground referred to in that subclause.

(6) In this clause--


"eligibility provision" means section 19A of, and Schedule 4 to, the 1987 Act, or section 10A of the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 , as inserted by the firefighters' diseases amending Act.


"firefighters' diseases amending Act" means the Workers Compensation Legislation Amendment (Firefighters) Act 2018 .


"relevant compensation Act" , in relation to a claim for compensation, means the 1987 Act or the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 under which the claim is made.

2 Review of amendments relating to firefighters

(1) The Minister is to review the amendments made to the workers compensation legislation by the Workers Compensation Legislation Amendment (Firefighters) Act 2018 to determine whether the policy objectives of those amendments remain valid and whether the terms of the amendments remain appropriate for securing those objectives.

(2) The review is to be undertaken as soon as possible after 1 January 2020.

(3) A report on the outcome of the review is to be tabled in each House of Parliament before 1 January 2021.

Part 19L - Provisions consequent on enactment of Workers Compensation Legislation Amendment Act 2018

1 Definitions

In this Part--


"2018 amending Act" means the Workers Compensation Legislation Amendment Act 2018 .


"earnings amendments" means the amendments made by Schedule 3 to the 2018 amending Act.


"existing claim for weekly payments" means a claim for weekly payments made before the commencement of the earnings amendments.


"existing work capacity decision" means a work capacity decision of an insurer made before the commencement of Schedule 1 to the 2018 amending Act.


"work capacity decision amendments" means the amendments made by Schedule 1 to the 2018 amending Act, but only to the extent that the amendments apply to a work capacity decision.

2 Application of amendments generally

(1) Except as provided by this Part or the regulations, an amendment made by the 2018 amending Act extends to--

(a) an injury received before the commencement of the amendment, and

(b) a claim for compensation made before the commencement of the amendment, and

(c) proceedings pending in the Commission or a court immediately before the commencement of the amendment.

(2) An amendment made by the 2018 amending Act does not apply to compensation paid or payable in respect of any period before the commencement of the amendment, except as otherwise provided by this Part.

3 Application of amendments to other Workers Compensation Acts

(1) The following amendments do not apply for the purposes of the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 and a reference in that Act to a provision of the Workers Compensation Acts is a reference to the provision without regard to those amendments--

(a) the work capacity decision amendments,

(b) the amendments made by Schedules 2 and 3 to the 2018 amending Act.

(2) The amendments made by Schedules 1-3 and 6 to the 2018 amending Act do not apply for the purposes of the Workers' Compensation (Dust Diseases) Act 1942 and a reference in that Act to a provision of the Workers Compensation Acts is a reference to the provision without regard to those amendments.

4 Application of amendments to police officers, paramedics and firefighters

The following amendments do not apply to or in respect of an injury received by a police officer, paramedic or firefighter (before or after the commencement of this clause), and the Workers Compensation Acts (and the regulations under those Acts) apply to and in respect of such an injury as if those amendments had not been enacted--

(a) the work capacity decision amendments,

(b) Schedule 3 to the 2018 amending Act.

5 Application of amendments to coal miners

(1) The amendments made by Schedules 1-3 to the 2018 amending Act do not apply to or in respect of an injury received by a coal miner (before or after the commencement of this clause), and the Workers Compensation Acts (and the regulations under those Acts) apply to and in respect of such an injury as if those amendments had not been enacted.

(2) In this clause--


"coal miner" means a worker employed in or about a mine.

6 Work capacity decision disputes

(1) Subdivision 3A of Division 2 of Part 3 of the 1987 Act continues to apply to an existing work capacity decision (as if the work capacity decision amendments had not been enacted)--

(a) during the transitional review period, and

(b) if, immediately before the expiry of the transitional review period, the decision is subject to a review under that Subdivision--until the review is finally determined.

(2) A dispute about an existing work capacity decision that is determined before the expiry of the period during which Subdivision 3A of Division 2 of Part 3 of the 1987 Act applies to the decision is not subject to referral for determination by the Commission after the expiry of that period.

(3) The work capacity decision amendments do not apply in relation to an existing work capacity decision during the period in which Subdivision 3A of Division 2 of Part 3 of the 1987 Act applies to the decision.

(4) The
"transitional review period" is--

(a) the period of 6 months commencing on the day on which Schedule 1.1 [3[#93] to the 2018 amending Act commences, or

(b) any other period prescribed by the regulations.

6A Work capacity decision disputes--maximum costs during transitional period

(1) In this clause--


"favourable finding" , in relation to a merit review, means a finding or recommendation of the Authority that has the effect of increasing the amount of weekly payments of compensation payable to the worker concerned, as compared with the amount payable as a result of--

(a) the review decision, or

(b) the original work capacity decision that was the subject of the application for internal review,

whichever is the most recent decision.


"internal review" means a review by an insurer of an existing work capacity decision under section 44BB of the 1987 Act (as in force before the commencement of Schedule 1 to the 2018 amending Act).


"merit review" means a review of an existing work capacity decision under section 44BB (1) (b) of the 1987 Act (as in force before the commencement of Schedule 1 to the 2018 amending Act), but only if--

(a) an internal review of the work capacity decision (the
"original work capacity decision" ) has been conducted and the worker has been notified of the decision of the insurer with respect to the internal review (the
"review decision" ), or

(b) the insurer has not completed an internal review within 30 days after the application for internal review was made by the worker.

(2) The maximum costs that a legal practitioner is entitled to be paid by, or recover from, the insurer for providing a legal service to a worker in connection with an application or proposed application for a merit review are--

(a) if the application is made and results in a favourable finding--$1,800, or

(b) in any other case--$1,200.

Note : Division 3 of Part 4.3 of the Legal Profession Uniform Law (NSW) requires barristers and solicitors, before providing any services to a client, to provide the client with a written disclosure of the basis of the costs (or an estimate of the likely costs) of services concerned.

(3) However, subclause (2) is limited as follows--

(a) only one amount for costs is payable in respect of the application or proposed application regardless of the number of original work capacity decisions or review decisions to be reviewed under the application or proposed application,

(b) only one legal practitioner is entitled to be paid or recover costs in respect of providing the legal service to which subclause (2) applies,

(c) without affecting the operation of paragraph (b)--if the worker retains more than one legal practitioner to provide a legal service in connection with a proposed application for merit review in relation to the same original work capacity decision, only the first legal practitioner so retained who provides the legal service is entitled to be paid or recover costs for providing that service,

(d) the legal service must be provided within 30 days after the worker was notified of the review decision.

(4) To avoid doubt, a legal practitioner is entitled to be paid or recover an amount referred to in this clause whether or not the worker makes an application for a merit review in connection with which the legal service was provided.

(5) A legal practitioner is not entitled to be paid or recover an amount referred to in this clause for providing a legal service in connection with an original work capacity decision made before the commencement of this clause.

(6) A cost fixed by this clause may be increased by the amount of any GST payable in respect of the service to which the cost relates.

7 Pre-injury average weekly earnings

(1) The earnings amendments (other than Schedule 3.1[10[#93] to the amending Act) do not apply to an injury received by a worker before the commencement of the amendments.

(2) In the application of section 44C of the 1987 Act (as in force before the commencement of the earnings amendments) to an injury received by a worker before the commencement of the amendments but not before the date of assent to the 2018 amending Act, overtime and shift allowance payments are permitted to be included under that section for the purposes of the calculation of weekly payments payable at any time in respect of the injury (whether during or after the first 52 weeks for which the weekly payments are payable).

8 Information sharing

Data collected before the commencement of Part 7 of Chapter 2 of the 1998 Act (as inserted by the 2018 amending Act) is taken to have been collected in accordance with that Part (and may be used or disclosed in accordance with that Part) if it was collected in a manner that is substantially consistent with that Part.

9 Notice requirements

(1) For the purposes of the referral of a dispute by a claimant for determination by the Commission under Part 4 of Chapter 7 of the 1998 Act, a notice of a dispute, or of the discontinuation or reduction of the amount of weekly payments of compensation, is taken to comply with the requirements of Division 3 of Part 2 of Chapter 4 of the 1998 Act if it complies with the former notice requirements.

(2) An amendment made by Schedule 1.2 [5[#93] or [6[#93] to the 2018 amending Act does not affect the operation of any stay of a work capacity decision in effect immediately before the commencement of the amendment.

(3) In this clause--


"former notice requirements" means section 74 of the 1998 Act, and section 54 of the 1987 Act, as in force immediately before the commencement of Division 3 of Part 2 of Chapter 4 of the 1998 Act (as inserted by the 2018 amending Act).

10 Commutation

Section 87EAA of the 1987 Act (as inserted by the 2018 amending Act) extends to a liability for compensation in respect of an injury that is subject to an application for registration of a commutation agreement under Division 9 of Part 3 of that Act made before the commencement of that section, but not before 1 July 2018.

11 Indexation

The amendments made by Schedule 5 to the 2018 amending Act do not affect the adjustment of any amount under Division 6 of Part 3 of the 1987 Act in relation to an adjustment date occurring before the commencement of the amendments.

12 Motor accident compensation

An amendment made to the 1987 Act or the 1998 Act by Schedule 6 to the 2018 amending Act extends to compensation or damages paid or payable before the commencement of the amendment in respect of a motor accident occurring on or after 1 December 2017.

Part 19M - Provisions consequent on enactment of Justice Legislation Amendment Act (No 2) 2019

1 Definition

In this Part--


"commencement day" means the day on which the amendments made to the 1998 Act by the Justice Legislation Amendment Act (No 2) 2019 commence.

2 Application of Judges' Pensions Act 1953

(1) The amendments made to the 1998 Act by the Justice Legislation Amendment Act (No 2) 2019 extend to a Judge of a court of record appointed as President who died or retired from the office of President before the commencement day.

(2) However, the amendments do not affect any amount of pension to which the Judge would otherwise be entitled under the Judges' Pensions Act 1953 in respect of any period before the commencement day.

(3) To avoid doubt, the provisions of the 1998 Act, Schedule 5, clause 5A continue to apply in relation to a retired or former President to whom they applied despite the repeal of the clause by the Personal Injury Commission Act 2020 .

(4) In this clause--


"President" means a President of the former Workers Compensation Commission.

Part 19N - Provisions consequent on enactment of COVID-19 Legislation Amendment (Emergency Measures--Miscellaneous) Act 2020

1 Definition

In this Part--


"amending Act" means the COVID-19 Legislation Amendment (Emergency Measures--Miscellaneous) Act 2020 .

2 Application of amendments

(1) The amendments made to this Act by the amending Act extend to a worker who has confirmed COVID-19 before the commencement of the amending Act and, in that case, subclause (3) applies in substitution for section 19B(2) and (3) (as inserted by the amending Act) and references to those subsections in section 19B are taken to be modified accordingly.

(2) Subclause (3) also applies in substitution for section 19B(2) and (3) (with necessary modifications to section 19B) until such time as regulations are made under those subsections.

(3) For the purposes of this Act, a worker is taken to have contracted COVID-19 if the worker is determined to have the disease on the basis of medical opinion.

Part 19O - Provisions consequent on enactment of Motor Accidents and Workers Compensation Legislation Amendment Act 2022

1 Definitions

In this Part--


"amending Act" means the Motor Accidents and Workers Compensation Legislation Amendment Act 2022 .


"substitution day" , in relation to section 53, means the day on which the section is substituted by the amending Act.

2 Application of amendments

Section 53 of this Act, as substituted by the amending Act, extends on and from the substitution day to a worker who ceased to be a resident of Australia before the substitution day if the worker had an entitlement to weekly payments under section 53 as in force immediately before the substitution day.

Part 19P - Provisions consequent on repeal of Associated General Contractors Insurance Company Limited Act 1980 and Bishopsgate Insurance Australia Limited Act 1983

1 Definition

In this part--


"repealed Act" means the following--

(a) the Associated General Contractors Insurance Company Limited Act 1980 ,

(b) the Bishopsgate Insurance Australia Limited Act 1983 .

2 Saving of claims

A claim arising under a repealed Act continues, despite the repeal of the Act, to be a claim payable by the Insurer's Guarantee Fund under this Act, Part 7, Division 7.

Part 20 - Savings and transitional regulations

1 Savings and transitional regulations

(1) The regulations may contain provisions of a saving or transitional nature consequent on the enactment of the following Acts--

this Act and the cognate Acts

the Workers Compensation (Amendment) Act 1988

the Workers Compensation (Benefits) Amendment Act 1989

the Workers Compensation (Amendment) Act 1991

the Workers Compensation (Benefits) Amendment Act 1991

the Workers Compensation Legislation (Miscellaneous Amendments) Act 1994

the Workers Compensation Legislation (Amendment) Act 1994

Workers Compensation Legislation Amendment Act 1995

WorkCover Legislation Amendment Act 1995

WorkCover Legislation Amendment Act 1996

Workers Compensation Legislation Amendment Act 1998

Workplace Injury Management and Workers Compensation Act 1998

Workers Compensation Legislation Amendment (Dust Diseases and Other Matters) Act 1998

Workers Compensation Legislation Amendment Act 1999

Intergovernmental Agreement Implementation (GST) Act 2000

Workplace Injury Management and Workers Compensation Amendment (Private Insurance) Act 2000

Workers Compensation Legislation Amendment Act 2000

Workers Compensation Legislation Amendment Act 2001

Workers Compensation Legislation Further Amendment Act 2001

Workers Compensation Legislation Amendment Act 2002

Workers Compensation Legislation Amendment Act 2003

Workers Compensation Amendment (Insurance Reform) Act 2003

Workers Compensation Legislation Amendment (Trainees) Act 2003

Workers Compensation Legislation Amendment Act 2004

Workers Compensation and Other Legislation Amendment Act 2004

Statute Law (Miscellaneous Provisions) Act 2005 --to the extent that it amends the Coal Industry Act 2001 , the Sporting Injuries Insurance Act 1978 , the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 , the Workers' Compensation (Dust Diseases) Act 1942 and the Workplace Injury Management and Workers Compensation Act 1998

Workers Compensation Legislation Amendment (Miscellaneous Provisions) Act 2005

Workers Compensation Legislation Amendment Act 2006

Industrial Relations Further Amendment Act 2006 --to the extent that it amends this Act and repeals Part 7 of Chapter 2 of the Industrial Relations Act 1996

Workers Compensation Amendment (Permanent Impairment Benefits) Act 2006

Workers Compensation Amendment Act 2008

Workers Compensation Legislation Amendment (Financial Provisions) Act 2008

Workers Compensation Legislation Amendment (Benefits) Act 2008

Workers Compensation Legislation Amendment Act 2010

any other Act that amends this Act

(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect as from the date of assent to the Act concerned or a later day.

(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication in the Gazette, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of any thing done or omitted to be done before the date of its publication in the Gazette.

(3A) A provision referred to in subclause (1) that is consequent on the enactment of an Act that is assented to after 27 September 2018 may, if the regulations so provide, take effect from a date that is earlier than the date of assent to that Act.

(3B) Subclauses (3) and (6) do not limit the operation of this clause in its application to regulations containing provisions of a saving or transitional nature consequent on the enactment of an Act that is assented to after 27 September 2018.

(4) A provision referred to in subclause (1) or (3A) shall, if the regulations so provide, have effect notwithstanding any other clause of this Schedule.

(5) The power to make regulations under subclause (1) extends to authorise the making of regulations whereby the provisions of this Act, the cognate Acts or the Acts amended by the cognate Acts, or any of them, are deemed to be amended in the manner set forth in the regulations.

(6) Regulations made pursuant to subclause (5)--

(a) may only be made for or with respect to matters for or with respect to which this Act and the cognate Acts make provision,

(b) shall have no effect in so far as they would, but for this paragraph, have the effect of amending (directly or indirectly) this subclause, and

(c) shall, unless sooner revoked or otherwise ceasing to have effect, be deemed to be revoked on 31 December 1999,

and no such regulation may be made or published after that date.

(7) Without limiting subclauses (1), (2) and (4), regulations made for the purposes of this clause may amend this Schedule to provide for additional or different savings and transitional provisions instead of including the provisions in the regulations.

2 Effect of GST

(1) Without limiting clause 1 of this Part, the regulations may contain provisions of a savings or transitional nature that may be necessary or convenient as a consequence of the enactment of the Acts of the Commonwealth that impose, or relate to the imposition of, goods and services tax.

(2) A provision referred to in subclause (1) shall, if the regulations so provide, have effect despite any other provision of this Act.

(3) A regulation made pursuant to this clause, unless sooner revoked or otherwise ceasing to have effect, ceases to have effect on 1 July 2003.

(4) A regulation made pursuant to this clause may not be made or published after 1 July 2003.