South Australian Current Acts

RETURN TO WORK ACT 2014 - SECT 91

91—Meaning of substantive law

In this Division—

"a State's legislation about damages for a work related injury" means—

            (a)         for this State—this Part and any other provision of this Act providing for the interpretation of anything in this Part; and

            (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;

            (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);

            (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;

            (d)         a law that limits the kinds of injury, loss or damage for which damages or compensation may be recovered;

            (e)         a law that precludes the recovery of damages or compensation or limits the amount of damages or compensation that can be recovered;

            (f)         a law expressed as a presumption, or rule of evidence, that affects substantive rights;

            (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.