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WORKERS COMPENSATION REGULATION 2003 - REG 125A Transitional provisions--amendments made by Workers Compensation Amendment (Costs) Regulation 2006

This legislation has been repealed.

WORKERS COMPENSATION REGULATION 2003 - REG 125A

Transitional provisions--amendments made by Workers Compensation Amendment (Costs) Regulation 2006

125A Transitional provisions--amendments made by Workers Compensation Amendment (Costs) Regulation 2006

(1) Costs (other than disbursements)--proceedings commenced in Commission before commencement date This Part and Schedule 6 as in force before 1 November 2006 continue to apply to and in respect of costs (other than disbursements) where proceedings in the matter were commenced in the Commission before that date.
(2) Costs (other than disbursements)--proceedings commenced in Commission on or after commencement date This Part and Schedule 6 as in force on 1 November 2006 apply to and in respect of costs (other than disbursements) where proceedings in the matter are commenced in the Commission on or after that date (subject to any relevant amendments made after that date).
(3) Costs (other than disbursements)--matters resolved before commencement date without recourse to Commission This Part and Schedule 6 as in force before 1 November 2006 continue to apply to and in respect of costs (other than disbursements) in matters resolved before that date without recourse to the Commission.
(4) Costs (other than disbursements)--matters resolved on or after commencement date without recourse to Commission This Part and Schedule 6 as in force on 1 November 2006 apply to and in respect of costs (other than disbursements) in matters resolved on or after that date (subject to any relevant amendments made after that date) without recourse to the Commission.
(5) Disbursements incurred before commencement date Subject to clauses 45 and 48A, a disbursement incurred before 1 November 2006 is to be reimbursed subject to and in accordance with this Part and Schedule 6 as in force before that date.
(6) Disbursements incurred on or after commencement date A disbursement incurred on or after 1 November 2006 is to be reimbursed subject to and in accordance with:
(a) this Part and Schedule 6 as in force before that date, where proceedings in the matter were commenced in the Commission before that date, or
(b) this Part and Schedule 6 as in force on or after that date (subject to any relevant amendments made after that date), where:
(i) proceedings in the matter are commenced in the Commission on or after that date, or
(ii) the matter is resolved on or after that date without recourse to the Commission.
(7) Costs orders applicable to directions or recommendations given or made before commencement date The Registrar may, subject to Schedule 6 as in force before 1 November 2006, make a costs order in connection with:
(a) the giving of an interim payment direction under Division 2 of Part 5 of Chapter 7 of the 1998 Act, or
(b) the making of a recommendation under Division 3 of Part 5 of Chapter 7 of the 1998 Act,
where the application was made, the direction was given or the recommendation was made before that date, and may do so by making a global order of a general nature.
(8) Interpretation For the purposes of this clause, proceedings were or are commenced in the Commission when the initiating application has been accepted by the Registrar for registration.
(9) For the purposes of this clause, a matter was or is resolved without recourse to the Commission when:
(a) the insurer notifies the claimant, or the legal practitioner or agent representing the claimant, in writing that the claim or an aspect of the claim has been accepted, or
(b) payment has been made to the claimant by the insurer in respect of the claim,
whichever is the sooner.
(10) For the purposes of this clause, a matter relating to the insurer's legal representative's or agent's costs was or is resolved without recourse to the Commission when:
(a) the insurer notifies the claimant, or the legal practitioner or agent representing the claimant, in writing that the insurer disputes liability in respect of the claim or an aspect of the claim, and
(b) the decision of the insurer to do so is not disputed by the claimant.
Nothing in this subclause affects the application of subclause (9) to the insurer's legal representative's or agent's costs.