Queensland Numbered Acts

PERSONAL INJURIES PROCEEDINGS AND OTHER LEGISLATION AMENDMENT ACT 2022 - SECT 66

66 Insertion of new ch 37

After chapter 36 —
insert—

Chapter 37 - Transitional provisions for Personal Injuries Proceedings and Other Legislation Amendment Act 2022

743 Definition for chapter In this chapter—

"new" , for a provision of this Act, means the provision in force from the commencement.

744 Application of new s 39A to injuries sustained on or after 31 January 2015

(1) New section 39A applies, and is taken always to have applied, in relation to a condition that is a latent onset injury sustained by a worker on or after 31 January 2015.

(2) Section 732(1) does not apply, and is taken never to have applied, in relation to the condition.

(4) This section is subject to section 745.

745 Saving of former s 39A for particular purposes

(1) This section applies in relation to a condition that is a latent onset injury sustained by a worker on or after 31 January 2015.

(2) Former section 39A continues to apply in relation to the condition if, before the commencement, the worker, or the worker’s dependants—

(a) made an application for compensation under section 132; and

(b) gave the insurer medical evidence about the terminal nature of the condition.

(2A) For subsection (2), it does not matter whether the application was decided, or lump sum compensation under section 128B or 128D was paid, before the commencement.

(3) Also, former section 39A continues to apply in relation to a claim for damages for the injury if the worker has given the insurer a notice of claim before the commencement.

(4) In this section—

"former" , for a provision of this Act, means the provision as in force from time to time before the commencement.

746 Application of new s 39A to other particular injuries

(1) This section applies in relation to a condition sustained by a worker on or after 31 January 2015 that is an injury other than a latent onset injury.

(2) New section 39A applies in relation to a claim for damages for the injury if the worker gives the insurer a notice of claim for the injury after the commencement.

747 Requirements for law practice certificates apply to conduct on commencement

(1) This section applies if—

(a) before the commencement, a law practice was retained by a claimant to act in relation to the claimant’s claim; and

(b) on the commencement, the claim has not been settled, decided by a court or otherwise concluded.

(2) Despite section 325F, a law practice certificate for the claim that the supervising principal of the law practice is required to complete and give to a person under chapter 6B, part 2 must state the matters in section 325F(2), (3) and (4) only in relation to conduct after the commencement.

(3) Section 325M applies to a referral of a client to a new practice as mentioned in section 325M(1)(b) made after the commencement, even if the agreement for the sale of the current practice was entered into before the commencement.

(4) In this section—

"claim" see section 325E.