Document ID: chunk:federal_register_of_legislation:C2004C00357:clause:3_151:p1
Version: federal_register_of_legislation:C2004C00357
Segment Type: clause
Provision Reference: sch 3 cl 151 (pt 1/3)
Character Range: 88206–90926

151  Review of existing determinations

 (1) Where a determination was made by the Commissioner for Employees' Compensation under the Principal Act before the date of commencement of this Part, then, subject to this Part:
 (a) if a party to the determination had not, before that date, requested the Commissioner to refer a matter or question to which the determination relates to a Compensation Tribunal for reconsideration and had not, before that date, applied to a prescribed Court for a judicial review of the determination, then, subject to this Part, the Principal Act as amended by this Part applies in relation to the determination in like manner as it applies in relation to a determination made on or after that date;
 (b) if a party to the determination had, before that date, applied to a prescribed Court for a judicial review of the determination, then, notwithstanding the amendments made by section 149, the Principal Act continues to apply in relation to the determination, and in relation to any determination made by a prescribed Court in substitution for the determination;
 (c) if a party to the determination had, before that date, applied to a prescribed Court for an extension of time for lodging and serving an application for a judicial review of the determination and the Court had granted an extension for a period ending on or after that date but an application had not been made before that date for a judicial review of the determination then, notwithstanding the amendments made by section 149:
 (i) the Principal Act continues to apply for the purpose of enabling the party to make such an application within that period; and
 (ii) where the party makes an application within that period—the Principal Act continues to apply in relation to the determination, and in relation to any determination made by a prescribed Court in substitution for the determination;
 (d) if a party to the determination had, before that date, applied to a prescribed Court for an extension of time for lodging and serving an application for a judicial review of the determination but the Court had not, before that date, heard and determined the application for the extension of time, then, notwithstanding the amendments made by section 149:
 (i) the Principal Act continues to apply for the purpose of enabling the Court to hear and determine the application and, where the Court grants the extension of time, enabling that party to apply for a judicial review of the determination within the period for which the time is extended; and
 (ii) where the party applies for a judicial review of the determination within that period—the Principal Act continues to apply in relation to the determination, and in