Western Australian Current Acts

WORKERS' COMPENSATION (COMMON LAW PROCEEDINGS) ACT 2004 - SECT 6

6 .         Existing determinations unaffected

        (1)         In this section —

        determination includes a decision, ruling, order, award, judgment, settlement or agreement but does not include a determination in respect of a proceeding referred to in section 5(2)(c) or (d).

        (2)         Where a determination was given, made or registered after the assent day on the basis that the amended provisions, and not the former provisions, applied, the fact that the determination was given, made, or registered on that basis is not a reason for —

            (a)         the determination to be rescinded, set aside, altered or amended;

            (b)         the determination to be subject to appeal, review or challenge in any way; or

            (c)         the worker to be entitled to any further payment under the provisions of the Workers’ Compensation and Injury Management Act 1981 or any other law, written or unwritten.

        (3)         No determination given, made, or registered after the assent day is invalid or less effective by reason that it was given, made or registered on the basis that the amended provisions, and not the former provisions, applied.

        (4)         Section 5(3) does not apply if the cause of action to which a proceeding relates is the subject of an award of damages, settlement or agreement to which subsections (2) and (3) apply.

        [Section 6 amended: No. 42 of 2004 s. 173(2).]