New South Wales Consolidated Regulations

COAL ACQUISITION (COMPENSATION) ARRANGEMENTS 1985 - REG 25A

25A Further determination of claims that were originally determined before 19 September 1989

(1) This clause applies to all claims that would, but for this clause, have been treated as having been finally determined before 19 September 1989.

(2) Any compensation paid to a claimant in respect of a claim to which this clause applies is to be treated as an interim payment of compensation even though the claim would, but for this clause, have been regarded as having been finally determined.

(3) As soon as practicable after the commencement of this clause, the Compensation Board must review each claim to which this clause applies and, in consequence of the review, may, in its discretion, make a further determination in respect of the claim.

(4) In reviewing a claim in accordance with subclause (3), the Compensation Board must deal with the claim as if it had not been finally determined and must treat any amount of compensation paid in respect of the claim as an interim payment of compensation, even though the payment may have been made as part of a final determination of the claim.

(5) The provisions of clause 17 (3) and (4), so far as relevant, apply to the review of a claim in accordance with subclause (3) and, for the purposes of this instrument, any notice purporting to have been served under clause 17 (3) is to be treated as not having been served.

(6) The Compensation Board may, if it considers it to be appropriate to do so, make one or more interim payments or further interim payments of compensation in respect of a claim that is reviewed under subclause (3).