Western Australian Current Acts

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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 323

323 .         Continuation of office holders, agreements etc.

        (1)         On and after the proclaimed date —

            (a)         each person who, immediately before the proclaimed date, held office on the former Board or the former Supplementary Board shall be deemed to have been appointed under and subject to this Act to the corresponding office on the new Board or the new Supplementary Board, as the case may be, and shall be deemed to have been so appointed on the day on which he was appointed to that office under the repealed Act, and —

                  (i)         a person who, immediately before the proclaimed date, held office as Chairman of the former Board, is a judge of the new Board and shall be deemed to have been appointed as such under and subject to this Act; and

                  (ii)         a person who, immediately before the proclaimed date, held office as Chairman of the former Supplementary Board, is a judge of the new Supplementary Board and shall be deemed to have been appointed as such under and subject to this Act;

            (b)         a person referred to in paragraph (a) is not required to take oaths or affirmations as provided by section 112 or 113 before performing his duties under this Act;

            (c)         each registration of a memorandum of agreement which, immediately before the proclaimed date, was in force under the repealed Act shall be deemed to have been made under this Act and shall continue in force under this Act subject to the repealed Act;

            (d)         a memorandum of agreement made but not registered for the purposes of the repealed Act may be registered under this Act and if it is registered shall have force under this Act subject to the repealed Act;

            (e)         each award, order, or decision which, immediately before the proclaimed date, was in force under the repealed Act shall continue in force under this Act subject to the repealed Act;

            (f)         a memorandum of agreement continued in force under paragraph (c) or having force under paragraph (d), or an award or order or a decision continued in force under paragraph (e), may be reviewed under this Act subject to the repealed Act;

            (g)         all applications, matters, and proceedings commenced under the repealed Act pending or in progress immediately before the proclaimed date may be continued, completed, or enforced under this Act subject to the repealed Act and subject to section 4 of this Act;

            (h)         applications, matters, and proceedings in respect of rights, duties, obligations, and liabilities arising under the repealed Act before the proclaimed date may be instituted, continued, completed, or enforced under this Act subject to the repealed Act and subject to section 4 of this Act;

                  (i)         all moneys which, pursuant to applications, matters, and proceedings completed under paragraphs (g) or (h), would have been payable to the Workers’ Compensation Board Fund under section 27 of the repealed Act shall be paid to WorkCover WA for the General Account;

            (j)         all moneys which, pursuant to applications, matters, and proceedings completed under paragraphs (g) or (h), would have been payable into the custody of the Board under clause 1A of the repealed Act shall be paid into the custody of WorkCover WA for the benefit of those entitled in accordance with the order of the Board, and WorkCover WA shall place the moneys in the Trust Account;

            (k)         all policies of insurance in respect of liability for compensation and other benefits which, immediately before the proclaimed date, were in force shall be deemed to have been obtained in respect of liability for compensation and other benefits under this Act and shall, subject to this Act, continue in force accordingly until the expiry date specified in the policy.

        (2)         Where a person is deemed to have been appointed under subsection (1), he shall continue to retain his existing and accruing rights including his rights, if any, under the Judges’ Salaries and Pensions Act 1950 or the Superannuation and Family Benefits Act 1938 8 as if his service under and subject to the repealed Act were service under and subject to this Act.

        [Section 323, formerly section 201, amended: No. 42 of 2004 s. 150 and renumbered as section 323: No. 42 of 2004 s. 154(1); No. 77 of 2006 Sch. 1 cl. 189(8) and (9).]



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