Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_403
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 403
Character Range: 634781–636310

403  Review—Tribunal inquiry application after commencement

Application for inquiry in relation to matters arising before commencement
(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.
(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.
Note: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).

Law applicable to determination in inquiry
(3) 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, applies in relation to the Tribunal's determination in the inquiry.
(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal's determination in the inquiry.