Western Australian Current Acts Western Australian Current Acts In this Division
—
State’s legislation about damages for a work
related injury means —
(a) for
this State — Division 2;
(b) for
another State — any provisions of a law of that State that is declared
by the regulations to be the State’s legislation about damages for a
work related injury;
substantive law includes —
(a) a
law that establishes, modifies, or extinguishes a cause of action or a defence
to a cause of action; and
(b) a
law prescribing the time within which an action must be brought (including a
law providing for the extension or abridgment of that time); and
(c) a
law that provides for the limitation or exclusion of liability or the barring
of a right of action if a proceeding on, or arbitration of, a claim is not
commenced within a particular time limit; and
(d) a
law that limits the kinds of injury, loss or damage for which damages or
compensation may be recovered; and
(e) a
law that precludes the recovery of damages or compensation or limits the
amount of damages or compensation that can be recovered; and
(f) a
law expressed as a presumption, or rule of evidence, that affects substantive
rights; and
(g) a
provision of a State’s legislation about damages for a work related
injury, whether or not it would be otherwise regarded as procedural in nature,
but does not include a law prescribing rules for
choice of law.
[Section 93AE inserted: No. 36 of 2004 s. 10;
amended: No. 36 of 2004 s. 17(3).]