Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 643

643 Existing decisions of tribunals

(1) Subsections (2) and (3) apply if, before the commencement—

(a) a tribunal made, or purported to make, a decision on a reference; and

(b) an insurer, employer, or any other person whose interests may have been affected by the decision was not present or heard before the tribunal.

(2) It is declared that a decision of a tribunal is taken to be, and to always have been, valid to the extent that the decision may not have been valid because a person mentioned in subsection (1)(b) was not present or heard before the tribunal.

(3) However, this section does not make valid a decision of a tribunal that has been set aside by the Court of Appeal before the commencement for the reason mentioned in subsection (2).

(4) Subsection (5) applies to a tribunal that, before the commencement, exercised or purported to exercise jurisdiction under chapter 11, as in force from time to time before the commencement, on a reference of any description in relation to an injury under a former Act.

(5) It is declared that the tribunal had, and is taken always to have had, that jurisdiction.