New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(Section 48)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:Compensation Court (Amendment) Act 1989Workers Compensation (Compensation Court) Amendment Act 1989Workers Compensation Legislation (Amendment) Act 1991WorkCover Legislation Amendment Act 1995Courts Legislation Further Amendment Act 1997 .
(2) Any such provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect on 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, 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) In this clause:
"the repeal" means the repeal of Part 8 of the Workers Compensation Act 1987 by the Workers Compensation (Compensation Court) Amendment Act 1989 .
(2) After the repeal the following provisions apply:(a) this Act, as amended by the Compensation Court (Amendment) Act 1989 , applies to proceedings under the Workers Compensation Act 1987 whether the proceedings were commenced before or after the commencement of those amendments,(b) any proceedings transferred or deemed to have been transferred to the Compensation Court under section 109 of the Workers Compensation Act 1987 before the repeal are to be regarded as proceedings pending before the Compensation Court,(c) any proceedings pending before a workers compensation commissioner under the Workers Compensation Act 1987 immediately before the repeal are to be regarded as proceedings pending before the Compensation Court,(d) any proceedings allocated to but not determined by a workers compensation commissioner under the Workers Compensation Act 1987 immediately before the repeal are to be regarded as proceedings allocated under this Act to that commissioner or, if the Chief Judge so directs, to a Judge or another commissioner nominated by the Chief Judge,(e) an appeal or reference to the Compensation Court that is pending under the Workers Compensation Act 1987 immediately before the repeal is to be regarded as a review or reference to the Compensation Court under this Act,(f) an award (including an interim award), order, decision, determination, ruling or direction made or given under the Workers Compensation Act 1987 by a workers compensation commissioner before the repeal is to be regarded as having been made or given by the Compensation Court constituted by a commissioner of that Court.
(1) A person who held office immediately before the repeal of Part 8 of the Workers Compensation Act 1987 as a workers compensation commissioner (including a person who was the Senior Commissioner) is, on the repeal of that Part, to be regarded as having been appointed as a commissioner under section 12 of this Act for a period expiring on the date the person reaches the age of 60 years (or if appointed after that age, for a period expiring on the anniversary of the appointment).
(2) Subclause (1) applies to any such person even though the person is not qualified for appointment under section 12.
(3) Any such person is (if otherwise qualified) eligible for re-appointment under this Act.
(4) Clauses 8 and 9 of Schedule 2 to the Workers Compensation Act 1987 (preservation of rights and entitlement to re-appointment) continue to apply (despite their repeal) to any such person.
(5) Pending a further determination of remuneration in accordance with this Act, any such person is entitled to continue to receive the remuneration payable to the person immediately before the repeal of Part 8 of the Workers Compensation Act 1987 .
(6) The person who was the Senior Commissioner may retain that title.
(1) Section 247 of the Workers Compensation Act 1987 (protection from liability) continues to apply, despite its repeal, in respect of any matter or thing done by a workers compensation commissioner before its repeal.
(2) Section 17BB of the Defamation Act 1974 (as in force immediately before the substitution of that section by the Workers Compensation (Compensation Court) Amendment Act 1989 ) continues to apply in respect of any matter or thing done by a workers compensation commissioner or review officer before the amendment of that section.
(1) After the repeal of Part 8 of the Workers Compensation Act 1987 , a reference to a workers compensation commissioner:(a) in any Act (other than this Act), or(b) in any instrument made under any Act, or(c) in any other document of any kind,is to be read as a reference to the Compensation Court.
(2) This clause is taken to have commenced on 15 September 1989.
(3) Subclauses (1) and (2) re-enact (with minor modification) part of clause 3 of the Compensation Court (Savings and Transitional) Regulation 1989 . Subclauses (1) and (2) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
(1) An appeal that does not involve a point of law or the admission or rejection of any evidence does not lie in respect of an award given in proceedings commenced before the commencement of the amendments made to section 32 by the Compensation Court (Amendment) Act 1989 .
(2) The amendments made to section 32 by the Compensation Court (Amendment) Act 1989 do not affect any appeals commenced before the commencement of those amendments.
(1) A medical referee appointed under section 127 of the Workers Compensation Act 1987 and holding office immediately before the repeal of that section is taken to have been appointed under section 14A of this Act.
(2) A medical panel constituted under section 128 of the Workers Compensation Act 1987 and which has not completed its work immediately before the repeal of that section is taken to have been constituted under section 14B of this Act.
(3) Any matter pending before a medical referee or medical panel under section 130 or 131 of the Workers Compensation Act 1987 on the commencement of this clause is not affected by the amendments made to that section by the Workers Compensation Legislation (Amendment) Act 1991 .
(4) In any other Act, an instrument made under any Act or any other document, a reference to a medical referee appointed under, or a medical panel constituted under, the Workers Compensation Act 1987 is to be read as a reference to a medical referee appointed under, or a medical panel constituted under, this Act.
(1) An amendment made to this Act by the WorkCover Legislation Amendment Act 1995 ( "the 1995 Act") does not apply to proceedings in the Court commenced before the commencement of the amendment (except as provided by subclause (2)) but applies to proceedings commenced after the commencement of the amendment whenever the cause of action arose.
(2) An amendment made by the 1995 Act to Division 1 (Appeals from Judges) of Part 4 extends to proceedings commenced before the commencement of the amendment but only if no hearing in the proceedings has commenced to be heard before the commencement of the amendment.
The amendments made by the Courts Legislation Further Amendment Act 1997 to section 13 and Schedule 2 apply to persons appointed before the commencement of those amendments in the same way as they apply to persons appointed after that commencement.
Section 32 (4), as inserted by the Courts Legislation Further Amendment Act 1997 , applies to decisions of the Court made before the commencement of that subsection in the same way as it applies to decisions of the Court made after that commencement.