Victorian Current Acts

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WORKERS COMPENSATION ACT 1958 - SECT 2A

Transitional—1975 amendments—compensation

    (1)     The provisions of this Act, so far as they relate to amounts of compensation payable in accordance with the Table appended to subsection (1) of section 11 in respect of an injury of a worker shall—

S. 2A(1)(a) amended by No. 9840 s. 2(a).

        (a)     where the injury occurs on or after the 1st day of July, 1975 and before the commencement of section 3 of the Workers Compensation (Amendment) Act 1982 —apply as amended by the Workers Compensation (Amendment) Act 1975 ; and

S. 2A(1)(b) amended by No. 9840 s. 2(b).

        (b)     except as provided by paragraph (a)—continue to apply where the injury occurred before the 1st day of July, 1975, notwithstanding the commencement of section 7 of the Workers Compensation (Amendment) Act 1975 as in force immediately before the said commencement.

    (2)     The provisions of this Act, so far as they relate to amounts of compensation payable in respect of the death of a worker shall—

        (a)     where the death of a worker occurs on or after the 1st day of July, 1975—apply as amended by the Workers Compensation (Amendment) Act 1975 ; and

        (b)     except as provided by paragraph (a)—continue to apply notwithstanding the commencement of section 6 of the Workers Compensation (Amendment) Act 1975 as in force immediately before the said commencement.

    (3)     Notwithstanding anything to the contrary in any rule of law or construction, the provisions of this Act as amended by the Workers Compensation (Amendment) Act 1975 , so far as they relate to rates or amounts of compensation payable otherwise than in respect of the death of a worker or in accordance with the Table appended to subsection (1) of section 11, shall apply with respect to every payment of compensation made on or after the 1st day of July, 1975 irrespective of the date of occurrence or origin of the injury or disease giving rise to the right to compensation and notwithstanding that compensation had accrued or was payable before the 1st day of July, 1975 but was unpaid before that date or that—

        (a)     an award for a lesser rate or amount may have been made by the Board before the said day; or

        (b)     payment at a lesser rate or of a lesser amount may have been made before the said day.

S. 2B inserted by No. 8733 s. 2, substituted by No. 9297 s. 2.



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