Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 322

322 Meaning of substantive law

(1) In this chapter,
"substantive law" includes—

(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 abridgement 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;

but does not include a law prescribing rules for choice of law.

(2) In this section—

"a State’s legislation about damages for a work related injury" means—

(a) for Queensland— chapter 5 and any other provision of this Act providing for the interpretation of anything in chapter 5 ; or

(b) otherwise—any provisions of a law of a State that are declared under a regulation to be the State’s legislation about damages for work related injury.