WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 138AI Meaning of substantive law
WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 138AI
Meaning of substantive law
In this Division a State's legislation about damages for a work-related injury means (a) for this State, this Part and any other provision of this Act providing for the interpretation of anything in this Part; and(b) for any other State, any provisions of a law of that State that is declared by the regulations to be the State's legislation about damages for a work-related injury;substantive law includes but does not include a law prescribing rules for choice of law.(a) a law that establishes, modifies or extinguishes a cause of action or a defence to a cause of action; and(b) a law prescribing the time within which an action must be brought (including a law providing for the extension or abridgment of that time); and(c) a law that provides for the limitation or exclusion of liability or the barring of a right of action if a proceeding on, or arbitration of, a claim is not commenced within a particular time limit; and(d) a law that limits the kinds of injury, loss or damage for which damages or compensation may be recovered; and(e) a law that precludes the recovery of damages or compensation or limits the amount of damages or compensation that can be recovered; and(f) a law expressed as a presumption, or rule of evidence, that affects substantive rights; and(g) a provision of a State's legislation about damages for a work-related injury, whether or not it would be otherwise regarded as procedural in nature