Document ID: chunk:federal_register_of_legislation:C2025C00186:section:124:p1
Version: federal_register_of_legislation:C2025C00186
Segment Type: section
Provision Reference: s 124 (pt 1/4)
Character Range: 227776–230291

124  Application of Act to pre‑existing injuries
 (1) Subject to this Part, this Act applies in relation to an injury, loss or damage suffered by an employee, whether before or after the commencing day.
 (1A) Subject to this Part, a person is entitled to compensation under this Act in respect of an injury, loss or damage suffered before the commencing day if compensation was, or would have been, payable to the person in respect of that injury, loss or damage under the 1912 Act, the 1930 Act or the 1971 Act.
 (2) A person is not entitled to compensation under this Act in respect of an injury, loss or damage suffered before the commencing day if compensation was not payable in respect of that injury, loss or damage:
 (a) where the injury, loss or damage was suffered before the commencement of the 1930 Act—under the 1912 Act;
 (b) where the injury, loss or damage was suffered after the commencement of the 1930 Act but before the commencement of the 1971 Act—under the 1930 Act as in force when the injury, loss or damage was suffered; or
 (c) in any other case—under the 1971 Act as in force when the injury, loss or damage was suffered.
 (3) A person is not entitled to compensation under section 24 or 25 in respect of a permanent impairment, or under section 17 in respect of the death of an employee, being an impairment or death that occurred before the commencing date, if:
 (a) the person received compensation of a lump sum in respect of that impairment or death under the 1912 Act, the 1930 Act or the 1971 Act; or
 (b) the person was not entitled to receive compensation of a lump sum in respect of that impairment or death:
 (i) where the impairment or death occurred before the commencement of the 1930 Act—under the 1912 Act;
 (ii) where the impairment or death occurred after the commencement of the 1930 Act but before the commencement of the 1971 Act—under the 1930 Act as in force when the impairment or death occurred; or
 (iii) in any other case—under the 1971 Act as in force when the impairment or death occurred.
 (4) The amount of compensation (if any) that a person is, by virtue of this section, entitled to receive under section 24 or 25 in respect of a permanent impairment, or under section 17 in respect of the death of an employee, being an impairment or death that occurred before the commencing day, shall be the same as the amount of the compensation that would have been payable to that person, if this Act had not been enacted, under:
 (a) where the impairment or death