SCHEDULE 10 - Savings and transitional provisions in relation to Workers Rehabilitation and Compensation Amendment Act 2000

Section 8(4)

1.    Interpretation

In this Schedule –

commencement day means the day on which the Workers Rehabilitation and Compensation Amendment Act 2000 commenced;

WorkCover Tasmania Board means the WorkCover Tasmania Board established under section 8 ;

Workplace Safety Board means the Workplace Safety Board of Tasmania established under section 8 , as in force immediately before the commencement day.

2.    Acts, &c., done by or to Workplace Safety Board

All acts, matters and things done or omitted to be done by, or done or suffered in relation to, the Workplace Safety Board before the commencement day have, on and after that day, the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the WorkCover Tasmania Board.

3.    Property and rights, &c.

On the commencement day, the property and rights of the Workplace Safety Board vest in the WorkCover Tasmania Board and the liabilities of the Workplace Safety Board become the liabilities of the WorkCover Tasmania Board.

4.    Money and claims

On the commencement day –

(a) all money, debts and claims, liquidated or unliquidated, that, immediately before that day, was or were payable to, due to or recoverable by the Workplace Safety Board are taken to be money, debts or claims payable to, due to or recoverable by the WorkCover Tasmania Board; and

(b) all money, debts and claims, liquidated or unliquidated, that, immediately before that day, was or were payable by, due from, or recoverable against the Workplace Safety Board are taken to be money, debts or claims payable by, due from or recoverable against the WorkCover Tasmania Board.

5.    Legal proceedings by or against the Board

(1) On and after the commencement day, any legal proceedings instituted by or against the Workplace Safety Board before, and pending immediately before, that day may be continued by or against the WorkCover Tasmania Board.

(2) On and after the commencement day, any legal or other proceedings which may, immediately before that day, have been instituted or continued by or against the Workplace Safety Board may be instituted or continued by or against the WorkCover Tasmania Board.

(3) On and after the commencement day, a judgment or order of a court obtained in legal proceedings by or against the Workplace Safety Board and not executed or satisfied before that day may be enforced by or against the WorkCover Tasmania Board.

6.    Contracts

All contracts, agreements, arrangements and undertakings which were entered into by the Workplace Safety Board before, but which were not performed or discharged by, the commencement day are, on and after that day, taken to have been entered into by the WorkCover Tasmania Board.

7.    Documents

On and after the commencement day –

(a) any document which was addressed to, and which was purported to have been served on or notified to, the Workplace Safety Board and which had not ceased to have effect before that day, is taken to have been served on or notified to the WorkCover Tasmania Board; and

(b) any document which was addressed to, and which was purported to have been served on or notified to, a person by or on behalf of the Workplace Safety Board and which had not ceased to have effect before that day, is taken to have been served on or notified to that person by the WorkCover Tasmania Board.

8.    References to Workplace Safety Board

On and after the commencement day, a reference to the Workplace Safety Board in any Act, law, instrument or document is taken to be a reference to the WorkCover Tasmania Board.

9.    Temporary performance of functions, &c., of WorkCover Tasmania Board

Until all members of the WorkCover Tasmania Board are appointed under section 9 , or for a period of 2 months after the commencement day, whichever is the earlier, the Secretary is to perform the functions and exercise the powers of that Board.

10.    Claims for compensation

(1) Subject to subclause (3) , all claims for compensation and claims for damages made against an employer independently of this Act in respect of an injury which occurred before the commencement day and not finally determined before that day are, on and after that day, to be continued and determined in accordance with this Act as in force immediately before that day.

(2) For the purposes of this clause, a claim for compensation includes any subsequent claim arising from the injury in respect of which the claim for compensation was made.

(3) The amendments to this Act made by sections 35(b), 40, 41, 42, 49, 54, 55 and 57 of the Workers Rehabilitation and Compensation Amendment Act 2000 apply to all claims for compensation not finally determined before the commencement day.

11.    Licences and permits

A licence or permit granted by the Workplace Safety Board and in force immediately before the commencement day is, on and after that day, taken to be a licence or permit granted by the WorkCover Tasmania Board.

12.    Notional premium payments

A notional premium payment determined by the Workplace Safety Board before the commencement day is, on and after that day, taken to have been determined by the WorkCover Tasmania Board.