2002
2002
2016-11-14
act
publicspecial
act.reprint
act-2005-064
allinforce
2002-05-28
2016-11-14
act-2016-060
none
act-2002-023
fa671ead-d51e-4d87-b127-e7a447cd6415
b2205c0d-3178-4178-9c76-9bcfe3a21960
Repeal:
This Act was repealed by cl 2 of Sch 3 to the
Regulatory and Other Legislation (Amendments and Repeals)
Act 2016 No 60 with effect from
14.11.2016.
An Act to repeal the Compensation Court Act 1984 and abolish
the Compensation Court, and to transfer the Compensation Court’s
jurisdiction to the Workers Compensation Commission or the District Court; and
for other purposes.
1Name of
Act
This Act is the Compensation
Court Repeal Act 2002.
2Commencement
(1)
This Act commences on the date of assent, except
as provided by subsection (2).
(2)
An amendment set out in Schedule 1
commences:
(a)
on 1 January 2004 unless the amendment is the
subject of a proclamation under paragraph (b), or
(b)
on a day appointed by proclamation of the
Governor published in the Gazette before 1 January
2004.
(3)
Different days may be appointed under subsection
(2) (b) for the commencement of different amendments.
3Definitions
In this Act:
Compensation Court means the
Compensation Court of New South Wales constituted under the Compensation Court
Act.
Compensation Court Act means the
Compensation Court Act
1984.
District
Court means the District Court of New South Wales
established by the District Court Act
1973.
4Repeal of Compensation Court
Act
(1)
The Compensation Court Act is repealed on 1
January 2004.
(2)
The Compensation Court is abolished on the repeal
of the Compensation Court Act.
5Compensation Court
judges
(1)
On the repeal of the Compensation Court
Act:
(a)
a person holding office as a Judge (other than
the Chief Judge) of the Compensation Court immediately before that repeal is
by this section appointed as a Judge of the District Court,
and
(b)
a person holding office as an Acting Judge of the
Compensation Court immediately before that repeal is by this section appointed
as an Acting Judge of the District Court for the time that is the remainder of
the time for which he or she was appointed an Acting Judge of the Compensation
Court, as at that repeal.
(2)
The Governor may issue an appropriate commission
under the public seal of the State to a person who is appointed as a Judge of
the District Court by subsection (1). The appointment is effective whether or
not such a commission is issued.
(3)
Nothing in this section prevents a person who
holds office as a Judge of the Compensation Court from being appointed as a
Judge of any other Court.
(4)
Nothing in this section affects any entitlement
of the Chief Judge of the Compensation Court arising under section 56
(Abolition of judicial office) of the Constitution Act
1902.
6Appointment of Acting Chief
Judge
(1)
If there is a vacancy in the office of Chief
Judge of the Compensation Court after the commencement of this section, the
Governor may by commission under the public seal of the State appoint as
Acting Chief Judge, for a term that expires not later than the repeal of the
Compensation Court Act, a person who is qualified for appointment as a Judge
of the Compensation Court.
(2)
If such a vacancy occurs as a result of the
retirement of the person holding office on the commencement of this section as
Chief Judge of the Compensation Court, that person is entitled to be appointed
as Acting Chief Judge and, if the person accepts appointment, is appointed by
this section as Acting Chief Judge for a term that expires on the repeal of
the Compensation Court Act.
(3)
A person appointed as Acting Chief Judge by or
under this section has and may exercise for the term of that appointment the
functions and authorities of Chief Judge of the Compensation Court and is, for
the purposes of the Compensation Court Act and any other Act, taken to be
Chief Judge.
(4)
An appointment of Acting Chief Judge by or under
this section may be made even though the person appointed has reached the age
of 72 years before the appointment is made (or will have reached that age
before the appointment expires).
(5)
The Governor may issue an appropriate commission
under the public seal of the State to a person who is appointed as Acting
Chief Judge of the Compensation Court by this section. The appointment is
effective whether or not such a commission is issued.
(6)
This section does not affect the provision of
sections 11 and 11A of the Compensation Court Act with respect to the
appointment of an Acting Chief Judge.
7Proceedings pending before the
Compensation Court
(1)
Proceedings instituted in the Compensation Court
and pending in that Court immediately before the repeal of the Compensation
Court Act are transferred:
(a)
to the District Court, except proceedings to
which paragraph (b) applies, or
(b)
to the Workers Compensation Commission (the WCC), in the case of proceedings
concerning any matter arising under the Workers Compensation Acts (other than
proceedings in respect of a coal miner matter within the meaning of those
Acts).
(2)
Regulations under section 11 may contain
provisions:
(a)
exempting a class or classes of proceedings from
transfer to the WCC by this section (with the result that proceedings so
exempted are instead transferred to the District Court on the repeal of the
Compensation Court Act), or
(b)
of a savings or transitional nature consequent on
the transfer of proceedings by this section.
(3)
The following provisions have effect when
proceedings are transferred to the District Court or the WCC by this
section:
(a)
the Compensation Court ceases to have
jurisdiction in respect of the proceedings,
(b)
the proceedings are taken to be proceedings
instituted in the District Court or the WCC (as appropriate) and are to be
heard and determined accordingly,
(c)
an order or award of the Compensation Court in
the proceedings is taken to be an order or award of the District Court or the
WCC (as appropriate).
(4)
When proceedings are transferred to the District
Court constituted by the Judge who, as a Judge of the Compensation Court, was
hearing the proceedings before their transfer, the proceedings are to continue
and be heard, determined and finalised by that Judge in the District Court as
if any hearing, finding or decision in the proceedings in the Compensation
Court had been a hearing, finding or decision in the proceedings in the
District Court.
(5)
For the purposes of the hearing and determination
of proceedings by the District Court pursuant to this section, the District
Court has the same jurisdiction as the Compensation Court had immediately
before the repeal of the Compensation Court Act to examine, hear and determine
matters.
(6)
The jurisdiction of the District Court under this
section is subject to the same limitations and restrictions as the
jurisdiction of the Compensation Court was subject to immediately before the
repeal of the Compensation Court Act.
(7)
In this section:
Workers
Compensation Acts means the Workers
Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act
1998.
8Service and seniority of
Judges
(1)
If the Chief Judge of the Compensation Court is
appointed as a judge of the Supreme Court, the judge is to have seniority,
rank and precedence as a judge of the Supreme Court as if the date of his or
her commission as a judge of the Supreme Court were:
(a)
the date of his or her commission as Chief Judge
of the Compensation Court, unless paragraph (b) applies,
or
(b)
the date of his or her original commission as a
judge of the Supreme Court if the judge was a judge of the Supreme Court
immediately before being appointed as Chief Judge of the Compensation
Court.
(2)
If a Judge of the Compensation Court is appointed
as a judge of the District Court, the judge is to have seniority, rank and
precedence as a judge of the District Court as if the date of his or her
commission as a judge of the District Court were the date of his or her
commission as a judge of the Compensation Court.
(3)
If the Chief Judge of the Compensation Court is
appointed as a judge of the Supreme Court, the Chief Judge’s service as
a Judge of the Compensation Court is to be reckoned for all purposes as
service as a Judge of the Supreme Court.
(4)
Service as a Judge of the Compensation Court is
to be reckoned for all purposes as service as a Judge of the District Court in
the case of a Judge who is appointed as a Judge of the District
Court.
9Commissioners and acting
commissioners of the Compensation Court
(1)
A person who held office as a commissioner or
acting commissioner of the Compensation Court immediately before the repeal of
the Compensation Court Act ceases to hold that office on that
repeal.
(2)
A person who ceases to hold office as a
commissioner or acting commissioner pursuant to this section is not entitled
to any remuneration or compensation because of the loss of that office, except
compensation for loss of remuneration as provided by this
section.
(3)
Compensation for loss of remuneration is to be as
determined by the Statutory and Other Offices Remuneration Tribunal. The
maximum compensation payable to a person is an amount equal to the
person’s gross remuneration for the period of 38 weeks at the rate at
which it was payable immediately before the person ceased to hold
office.
(4)
No compensation for loss of remuneration is
payable to a person under this section if, before the repeal of the
Compensation Court Act, the person has accepted an offer of employment in the
public sector or engagement in the public sector (within the meaning of Part 8
of the Public Sector Management Act
1988).
10Medical
referees
On the repeal of the Compensation Court Act, a
person holding office as a medical referee under that Act ceases to hold that
office on that repeal.
11Savings and transitional
regulations
(1)
The Governor may make regulations containing
provisions of a savings or transitional nature consequent on the enactment of
this Act.
(2)
Any such provision may, if the regulations so
provide, take effect from the date of assent to this Act or a later
date.
(3)
To the extent to which any such provision takes
effect from a date that is earlier than the date of its publication in the
Gazette, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person
(other than the State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b)
to impose liabilities on any person (other than
the State or an authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
12
s 12: Rep 2005 No 64,
Sch 3.
Schedule 1
sch 1: Rep 2005 No
64, Sch 3.
Historical
notes
Table of amending
instruments
Compensation
Court Repeal Act 2002 No 23. Second reading speech made:
Legislative Assembly, 28.5.2002; Legislative Council, 11.6.2002. Assented to
21.6.2002. Date of commencement, except amendments set out in Sch 1, assent,
sec 2 (1); date of commencement of Sch 1.3, Sch 1.5, Sch 1.9 [1] to the extent
that it inserts references to the President, the Deputy President and the
Registrar of the Workers Compensation Commission in the Statutory and Other Offices Remuneration Act
1975, and Sch 1.11 [1] and [2], 4.10.2002, sec 2 (2) and
GG No 163 of 4.10.2002, p 8557; date of commencement of the remainder of the
amendments set out in Sch 1, 1.1.2004, sec 2 (2).
2005
No
64
Statute Law
(Miscellaneous Provisions) Act 2005. Assented to
1.7.2005.
Date of commencement of Sch 3, assent, sec 2
(1).
Table of
amendments
Sec
12
Rep 2005 No
64, Sch 3.
Sch
1
Rep 2005 No
64, Sch 3.