1 Name of Regulation
This Regulation is the Compensation Court Repeal (Transitional) Regulation 2003.
2 Commencement
This Regulation commences on 1 January 2004.
3 Definitions
(1) In this Regulation:award has the same meaning as it has in section 31 of the Compensation Court Act 1984.new claim has the same meaning as it has in section 250 of the 1998 Act.residual jurisdiction of the District Court means:(a) the District Court’s jurisdiction to hear and determine the proceedings transferred to the District Court by section 7 of the Act, and(b) the other jurisdiction conferred on the District Court by operation of the Act.the Act means the Compensation Court Repeal Act 2002.the 1998 Act means the Workplace Injury Management and Workers Compensation Act 1998.WCC means the Workers Compensation Commission of New South Wales established by the 1998 Act.(2) Notes included in this Regulation do not form part of this Regulation.
4 Certain proceedings exempted from transfer to WCC
(1) The following classes of proceedings, to the extent to which they would otherwise be transferred to the WCC by section 7 of the Act, are exempted from that transfer:(a) proceedings that are part heard in the Compensation Court as at 31 December 2003,(b) proceedings in respect of which, as at 31 December 2003, judgment in the Compensation Court is reserved.(2) If the Court of Appeal remits any proceedings in consequence of an appeal under section 32 of the Compensation Court Act 1984 that:(a) was filed on or before 31 December 2003 (or in respect of which application for leave to appeal was so filed), andthose proceedings, when remitted, are taken to have been exempted from any transfer to the WCC by section 7 of the Act.(b) is determined on or after 1 January 2004,
5 Finalised exempted proceedings
(1) A claim under proceedings exempted under clause 4 from transfer to the WCC is to be treated as a new claim:(a) 28 days after the day on which the District Court makes a final award determining the claim (including a consent award), orwhichever occurs first.(b) on the day on which the claim is resolved by an agreement between the parties registered under section 66A of the Workers Compensation Act 1987,Note—Although the claim has been determined, further action may be required in respect of the claim—for example, a review of weekly payments of compensation, under section 55 of the Workers Compensation Act 1987, because of changed circumstances. This clause ensures that such a review (and any other necessary action in respect of the claim) would be carried out by the Workers Compensation Commission and not the District Court.(2) However, if an appeal under section 32 of the Compensation Court Act 1984 is made against the determination of the District Court, subclause (1) applies:(a) if the Court of Appeal does not remit the matter—as if the reference to the District Court were a reference to the Court of Appeal, or(b) if the Court of Appeal remits the matter—as if the reference to the final award of the District Court were a reference to its final award on the remittal.(3) The District Court retains jurisdiction to examine, hear and determine matters arising under section 112 (Costs) of the 1998 Act in respect of new claims referred to in subclause (1), but only if application for an order with respect to costs is made to the District Court within 28 days after the day on which the final award determining the claim was made (whether by the District Court or the Court of Appeal).(4) An award of the District Court in respect of a new claim referred to in subclause (1) is to be treated as an award of the WCC.
6 Certain awards of Compensation Court taken to be awards of District Court
An award of the Compensation Court in respect of proceedings relating to the residual jurisdiction of the District Court that were determined on or before 31 December 2003 is, on and from 1 January 2004, taken for all purposes to be an award of the District Court.
7 Appeals against awards of Compensation Court after its abolition
(1) For the purposes of an appeal, on or after 1 January 2004, against an award of the Compensation Court in respect of proceedings relating to a jurisdiction other than the residual jurisdiction of the District Court:(a) in the case of an award of a Judge of the Compensation Court—the award is taken to be a decision referred to in section 353 of the 1998 Act (that is, a decision of a Presidential member of the WCC), and(b) in the case of an award of a commissioner or registrar of the Compensation Court—the award is taken to be a decision referred to in section 352 of the 1998 Act (that is, a decision of an Arbitrator of the WCC).(2) Subclause (1) extends to apply to an appeal that was filed on or before 31 December 2003 if:(a) proceedings in respect of the appeal had not been determined by that date, and(b) the Court of Appeal does not remit the matter.
8 Powers of District Court
(1) For the purposes of exercising the residual jurisdiction of the District Court, the District Court is taken to have all the powers, authorities and duties that the Compensation Court had under the Compensation Court Act 1984 immediately before its repeal.(2) Without limiting subclause (1):(a) sections 17, 18, 24, 25, 31, 32, 38 and 41 of the Compensation Court Act 1984 are taken to continue in force despite the repeal of that Act, and(b) a reference in any of those sections to the Compensation Court, the Chief Judge of the Compensation Court or a Judge of the Compensation Court is taken to be a reference to the District Court, the Chief Judge of the District Court and a Judge of the District Court, respectively.(3) For avoidance of doubt, the District Court has jurisdiction to examine, hear and determine a matter that the Court of Appeal has, in consequence of the operation of clause 7 (1), remitted to the District Court for reconsideration.(4) This clause ceases to have effect on 31 December 2004 or the date of assent to the Courts Legislation Amendment Act 2004, whichever first occurs.Editorial note—The Courts Legislation Amendment Act 2004 was assented to on 6.7.2004.cl 8: Am 25.6.2004.