New South Wales Repealed Regulations

This legislation has been repealed.

WORKERS COMPENSATION (GENERAL) REGULATION 1995 - REG 94

94 Transitional provision-certificates

(1) If a certificate has been given for a medical dispute with respect to an existing claim before the day on which the existing claim is to be treated as a new claim under this Division, then after that day:

(a) the certificate is conclusive evidence as to a matter on which the certificate was conclusive evidence when it was issued, and

(b) a medical dispute about a matter as to which the certificate is conclusive evidence is not required to be assessed under Part 7 of Chapter 7 of the 1998 Act (despite section 293 of that Act and clause 4 of Part 18C of Schedule 6 to the 1987 Act).

(1A) If:

(a) a medical dispute with respect to an existing claim was referred to an approved medical specialist under section 121 of the 1998 Act, or to a medical panel or medical referee under section 122 of the 1998 Act, before 1 April 2002, and

(b) a certificate was not given for the dispute before 1 April 2002,

then after that day the specialist, panel or referee may proceed to (or continue to) make an assessment of the dispute and give a certificate as to findings on the dispute under the relevant section.

(1B) If a certificate is given as referred to in subclause (1A):

(a) the certificate continues on and from 1 April 2002 to be conclusive evidence as to a matter on which it would have been conclusive evidence under section 121 or 122 of the 1998 Act or section 72 of the 1987 Act (as in force before its repeal by the Workers Compensation Legislation Amendment Act 2001 ), and

(b) the certificate is admissible after that day in proceedings before the Commission, and

(c) a medical dispute about a matter as to which the certificate is conclusive evidence is not required to be assessed under Part 7 of Chapter 7 of the 1998 Act (despite section 293 of the 1998 Act and clause 4 of Part 18C of Schedule 6 to the 1987 Act).

(2) In this clause:
"certificate" means a certificate given under one of the following provisions of the 1998 Act:

(a) section 121 (Assessment of medical disputes by approved medical specialists),

(b) section 122 (Referral of medical disputes to referee or panel on application of worker or employer).