New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 13)
(1) The regulations may include provisions of a savings or transitional nature consequent on the enactment of:WorkCover Legislation Amendment Act 1995Workers Compensation Legislation Amendment (Dust Diseases and Other Matters) Act 1998Workers Compensation Legislation Amendment Act 2003 to the extent that it amends this Act
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the commencement of this Act or from a later date.
(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:(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, or(b) to impose liabilities on any person (other than the State or an authority of the State), in respect of anything done or omitted to be done before the date of its publication.
(1) Without limiting clause 1, 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) If the regulations so provide, a provision referred to in subclause (1) has 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.
In this Part:
"Broken Hill Compensation Fund" means the fund established under the scheme of
the Broken Hill Act.
"Broken Hill Act" means the Workmen’s Compensation (Broken Hill) Act 1920 ,
as in force immediately before its repeal.
The balance of and any investments to the credit of the Broken Hill Compensation Fund immediately before the repeal of the Broken Hill Act are, on that repeal, transferred to the Fund established under this Act and any liability of the Broken Hill Compensation Fund becomes, on and from that repeal, a liability of the Fund established under this Act.
(1) On the repeal of the Broken Hill Act the scheme of compensation under that Act ceases to have effect.
(2) Any person who, immediately before that repeal, was in receipt of compensation under that Act, is entitled, on and from the repeal, to receive compensation from the Fund constituted under this Act in accordance with this Act.
(1) Any application for an award of compensation under the Broken Hill Act that is pending immediately before the repeal of that Act is to be dealt with, on that repeal, as if it were an application for compensation under this Act.
(2) An appeal to the Industrial Court from an order, determination or award of compensation of the joint committee under the Broken Hill Act that is pending immediately before the repeal of that Act is to be dealt with, on that repeal, as if it were an appeal under this Act from an order, determination or award of compensation of the board.
Anything done by the joint committee under the Broken Hill Act that had any force or effect immediately before the repeal of that Act is taken, on and from that repeal, to have been done by the board under this Act.
Anything done by the medical authority under the Broken Hill Act that had any force or effect immediately before the repeal of that Act is taken, on and from that repeal, to have been done by the medical authority under this Act.
In this Part:
"amending Act" means the Workers Compensation Legislation Amendment (Dust
Diseases and Other Matters) Act 1998 .
(1) If a person liable to pay an amount to the board under subsection (3) of section 8E (which was inserted by the amending Act) or required to indemnify the board for an amount under subsection (4) of that section is or was covered by a policy of insurance or indemnity (issued or effective before the commencement of that section) in respect of the damages recovered or recoverable by another person, the following provisions have effect:(a) The policy is taken also to cover that liability to pay the amount to the board or that requirement to indemnify the board.(b) However, the policy remains subject to any monetary limits in respect of the maximum amount payable by the insurer in respect of any relevant cause of action.
(2) Subclause (1) applies in relation to causes of action arising before but not after the commencement of section 8E.
(3) However, subclause (1) does not apply in relation to a cause of action where proceedings were determined before the commencement of section 8E.
(1) Section 8E (which was inserted by the amending Act) applies in relation to causes of action arising before or after the commencement of that section, including where proceedings were pending at that commencement.
(2) However, section 8E does not apply in relation to a cause of action where proceedings were determined before the commencement of that section.
(1) The amendments made to section 8E by the Workers Compensation Legislation Amendment Act 2003 , and Schedule 1A as inserted by that Act, are taken to have had effect on and from 1 January 2002.
(2) Any act, matter or thing done or purporting to have been done under or for the purposes of Part 3 of the Workers’ Compensation (Dust Diseases) Regulation 1998 is, to the extent that it would have been validly done had it been done under this Act as amended by the Workers Compensation Legislation Amendment Act 2003 :(a) is taken to be (and always to have been) validly done, and(b) is taken to have been done under and for the purposes of section 8E as amended by, and Schedule 1A as inserted by, the Workers Compensation Legislation Amendment Act 2003 .
(3) This clause does not apply in respect of relevant proceedings referred to in section 8E (3) (a) that are the subject of any proceedings against the board pending in the Supreme Court on the date of introduction into Parliament of the Bill for the Workers Compensation Legislation Amendment Act 2003 . This Act and Part 3 of the Workers’ Compensation (Dust Diseases) Regulation 1998 continue to apply in respect of those relevant proceedings as if the Workers Compensation Legislation Amendment Act 2003 had not been enacted.
Section 8 (2A), as substituted by the Workers Compensation and Other Legislation Amendment Act 2004 , extends to the death of a person occurring on or after the date that the Bill for that Act was first introduced into Parliament but before the commencement of the substitution.