Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 42

Transitional: proceedings commenced but not determined

42. Transitional: proceedings commenced but not determined



(1) Where, before the commencement of section 10 of the Accident Compensation
(WorkCover) Act 1992, any matter, other than a matter arising under section
99, 120, 218 or Division 6A of Part IV of this Act or section 26 of the
Workers Compensation Act 1958, had been commenced before the Accident
Compensation Tribunal but the Tribunal had not commenced to hear the matter,
the County Court shall hear and determine the matter in all respects as if the
matter had been commenced before it.

(2) Where, before the commencement of section 10 of the Accident Compensation
(WorkCover) Act 1992, the Accident Compensation Tribunal had commenced to hear
any matter, other than a matter arising under section 99, 120, 218 or Division
6A of Part IV of this Act or section 26 of the Workers Compensation Act 1958,
but had not completed the hearing or had not determined the matter, the County
Court shall commence to hear and shall determine the matter in all respects as
if the matter had been commenced before it.

(3) The County Court must not hear proceedings to which this section applies
unless the parties have attended a conference with a conciliator.

(4) The Minister-

   (a)  may appoint persons to act as conciliators for the purposes of
        subsection (3); and

   (b)  may give directions about the procedures for conferences under that
        subsection.