Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_401
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 401
Character Range: 631177–632847

401  Review—Tribunal inquiry application before commencement

Scope
(1) This item applies if, before commencement:
 (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and
 (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.

Law applicable to inquiry process
(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.
(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.

Law applicable to determination in inquiry
(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal's determination in the inquiry.
(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal's determination in the inquiry.