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WORKERS COMPENSATION REGULATION 2003 - REG 229A Application of 2001 amendments relating to work injury damages to discontinued transitional proceedings

This legislation has been repealed.

WORKERS COMPENSATION REGULATION 2003 - REG 229A

Application of 2001 amendments relating to work injury damages to discontinued transitional proceedings

229A Application of 2001 amendments relating to work injury damages to discontinued transitional proceedings

(1) In this Subdivision:

"discontinued transitional proceedings" means proceedings to recover damages in respect of a transitional injury that were commenced in the 6 month period immediately before the commencement of Schedule 1.1 to the Workers Compensation Legislation Further Amendment Act 2001 and are discontinued or struck out in connection with the application to the proceedings of section 151C of the 1987 Act.

"transitional injury" means an injury notice of which was given to the employer in the 6 month period immediately before the commencement of Schedule 1.1 to the Workers Compensation Legislation Further Amendment Act 2001 .
(2) Despite clause 9 (1) of Part 18C of Schedule 6 to the 1987 Act, an amendment made by Schedule 1 to the Workers Compensation Legislation Further Amendment Act 2001 extends to the recovery of damages in respect of a transitional injury in relation to which discontinued transitional proceedings were commenced (even though the proceedings were commenced before the commencement of that Schedule).
(3) The commencement of discontinued transitional proceedings is to be ignored for the purposes of section 151A of the 1987 Act (as in force when the proceedings were commenced), with the result that the commencement of the proceedings does not operate (and is taken never to have operated) as an election to claim damages for the purposes of that section.
(4) Section 151D of the 1987 Act does not apply to the commencement of proceedings in respect of a transitional injury that may be commenced because of the operation of this clause (and that could not otherwise have been commenced).