(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the repealed Act, and —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proclaimed date, was in force under the repealed Act shall be deemed to have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the repealed Act;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repealed Act may be registered under this Act and if it is registered shall
have force under this Act subject to the repealed Act;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in force under the repealed Act shall continue in force under this Act subject
to the repealed Act;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under paragraph (e), may be reviewed under this Act subject to the repealed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applications, matters, and proceedings commenced under the repealed Act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continued, completed, or enforced under this Act subject to the repealed Act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obligations, and liabilities arising under the repealed Act before the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this Act subject to the repealed Act and subject to section 4 of this Act;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).]