New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2003 - REG 48A

48A Further transitional provision

(1) In this clause:
"the amending Regulation" means the Workers Compensation Amendment (Miscellaneous Provisions) Regulation 2006 .

(2) The amendments made to this Part by the amending Regulation do not affect the use of a medical report in evidence in proceedings or as part of disclosure to an approved medical specialist where the report relates to an application lodged with the Registrar prior to 1 November 2006.

(3) The amendments made to this Part by the amending Regulation apply to all claims or work injury damages threshold disputes lodged with the Registrar on and from 1 November 2006.

(4) Despite subclause (3), where the medical examination to which the relevant medical report relates occurred before 1 November 2006, this Part, as in force immediately before 1 November 2006, continues to apply in respect of the report if the report:

(a) formed part of an application lodged with the Registrar prior to 1 December 2006, or

(b) formed part of a reply filed in respect of such an application within 21 days of the application being lodged.

(5) Despite subclause (3), clause 45, as in force immediately before 1 November 2006, applies in respect of a medical report where the medical examination to which the report relates occurred before 1 November 2006 and either:

(a) the claim to which the report relates was resolved on or after 1 November 2006 without referral to the Registrar for determination by the Commission, or

(b) the application to which the report relates, or referral of the dispute for determination by the Commission to which the report relates, was lodged with the Registrar before 1 December 2006, except where there was a discontinuance of proceedings (without the consent of both parties) on or after 1 November 2006.