Victorian Current Acts

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WORKERS COMPENSATION ACT 1958 - SECT 2

Repeals and savings

    (1)     The Acts mentioned in the First Schedule to this Act to the extent thereby expressed to be repealed are hereby repealed accordingly.

    (2)     Except as in this Act expressly or by necessary implication provided—

        (a)     all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

        (b)     in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation rule order application claim determination award assessment certificate appointment policy reference arrangement fund notice judgment appeal proceeding liability or right made effected issued granted given presented accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

No. 5676 s. 15.

S. 2(3) amended by No. 8181 s. 2(1)(Sch. item 191).

    (3)     Notwithstanding the repeal by this Act of the Workers Compensation Act 1953 and the Workers Compensation (Amendment) Act 1953 the provisions of section fifteen of the former Act as re-enacted by section eight of the latter Act shall continue in operation and be given effect according to their tenor so long as the circumstances require; and without limiting the operation of the foregoing provisions of this subsection it is hereby declared that the provisions of the said section fifteen as so re-enacted are as reproduced in the Second Schedule to this Act.

S. 2(4) inserted by No. 8417 s. 2.

    (4)     Notwithstanding anything to the contrary in any rule of law or construction the provisions of this Act as in force immediately before the commencement of the Workers Compensation Act 1973 so far as they relate to rates or amounts of compensation, shall apply with respect to every payment of compensation made on or after the 6th March, 1973 irrespective of the date of occurrence or origin of the injury or disease giving rise to the right to compensation and—

        (a)     notwithstanding that an award for a lesser rate or amount may have been made by the Board before the commencement of the Workers Compensation Act 1973 ; and

        (b)     notwithstanding that payments at a lesser rate or of a lesser amount may have been made before the commencement of the Workers Compensation Act 1973

and every policy of accident insurance or indemnity which operated to indemnify an employer against claims which arose under the Act before the commencement of the Workers Compensation Act 1973 shall notwithstanding anything to the contrary therein be read and construed as fully insuring or indemnifying the employer against the increased liability incurred by reason of the provision made by the Workers Compensation Act 1973 .

S. 2A inserted by No. 8733 s. 2.



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