An Act to amend the Workplace Injury Management and Workers Compensation Act 1998 and the Workers Compensation Act 1987 with respect to dispute resolution procedures, insurance obligations, workers, costs and compensation for back injuries; and for other purposes.
1 Name of Act
This Act is the Workers Compensation Legislation Amendment (Miscellaneous Provisions) Act 2005.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation, except as provided by this section.(2) Schedule 3.2 [1] commences on 1 January 2006.(3) Section 6 and Schedule 4 commence on the date of assent to this Act.
3, 4 (Repealed)
s 3: Rep 2007 No 27, Sch 5.
s 4: Rep 2007 No 27, Sch 5.
5 Miscellaneous amendments
The Workplace Injury Management and Workers Compensation Act 1998 and the Workers Compensation Act 1987 are amended as set out in Schedule 3.
6, 7 (Repealed)
s 6: Rep 2006 No 58, Sch 4.
s 7: Rep 2007 No 27, Sch 5.
Schedules 1, 2 (Repealed)
sch 1: Rep 2007 No 27, Sch 5.
sch 2: Am 2006 No 58, Sch 4. Rep 2007 No 27, Sch 5.
Schedule 3 Miscellaneous amendments
(Section 5)
[1]–[10] (Repealed)
[11] Section 288A
Insert after section 288:288A Referral of disputes to CommissionSection 345 of the Legal Profession Act 2004 applies to and in respect of the provision of legal services in connection with a dispute referred to the Commission under this Part in the same way as it applies to and in respect of the provision of legal services in connection with a claim or defence of a claim for damages referred to in that section.Note—Section 345 of the Legal Profession Act 2004 prohibits a law practice from providing legal services in connection with a claim or defence unless a legal practitioner associate responsible for the provision of those services believes, on the basis of provable facts and a reasonably arguable view of the law, that the claim or defence has reasonable prospects of success.
[12]–[29] (Repealed)
[1]–[4] (Repealed)
[5] Section 144 Appeal against Authority’s decision on claim for compensation
Insert after section 144 (5):(6) Section 345 of the Legal Profession Act 2004 applies to and in respect of the provision of legal services in connection with an application to the Commission under this section in the same way as it applies to and in respect of the provision of legal services in connection with a claim or defence of a claim for damages referred to in that section.Note—Section 345 of the Legal Profession Act 2004 prohibits a law practice from providing legal services in connection with a claim or defence unless a legal practitioner associate responsible for the provision of those services believes, on the basis of provable facts and a reasonably arguable view of the law, that the claim or defence has reasonable prospects of success.
sch 3: Am 2006 No 58, Sch 4; 2007 No 27, Sch 5.
Schedule 4 (Repealed)
sch 4: Rep 2006 No 58, Sch 4.