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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 105
Jurisdiction of Commission and Compensation Court
(1) Subject to this Act, the Commission has exclusive jurisdiction to examine,
hear and determine all matters arising under this Act and the 1987 Act.
(2)
The Commission does not have that jurisdiction in respect of matters arising
under Part 5 (Common law remedies) of the 1987 Act except for the purposes of
and in connection with the operation of Part 6 of Chapter 7 of this Act.
(3)
The Commission does not have jurisdiction in respect of matters that the
Compensation Court or (after the repeal of the Compensation Court Act 1984 )
the District Court has jurisdiction to examine, hear and determine.
(4)
Subject to this Act and the Compensation Court Act 1984 , the
Compensation Court has exclusive jurisdiction to examine, hear and determine
all existing claim matters except matters arising under Part 5 of
the 1987 Act.
(4A) After the repeal of the Compensation Court Act 1984 , the
District Court has exclusive jurisdiction to examine, hear and determine all
coal miner matters (except matters arising under Part 5 of the 1987 Act).
(5)
Despite section 17 (4) of the Compensation Court Act 1984 , the
Compensation Court does not have jurisdiction to reconsider a matter, or to
rescind, alter or amend any decision previously made or given by the Court in
relation to a matter, once the matter has become a new claim matter.
(6) For
the purposes of giving effect to subsections (4) and (4A), references in this
Act to the Commission are to be read as references-- (a) to the
Compensation Court, to the extent that the reference relates to a matter that
the Compensation Court has jurisdiction to examine, hear and determine, or
(b) to the District Court, to the extent that the reference relates to a
matter that the District Court has jurisdiction to examine, hear and
determine.
Note : Provision is made in the 1987 Act for regulations to
require existing claims to be treated as new claims (
"transferred claims" ). The Compensation Court ceases to have jurisdiction in
respect of transferred claim matters and the Commission acquires exclusive
jurisdiction in respect of transferred claim matters.
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