Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_399
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 399
Character Range: 626801–629524

399  Liability for compensation for work‑related accidents occurring before commencement

Scope
(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:
 (a) a claim for compensation lodged before commencement that has not been assessed immediately before commencement; or
 (b) a claim for compensation lodged after commencement.

Application in relation to work‑related accidents
(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.

No disadvantage test
(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.
(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee's right to compensation is suspended.
Note: An employee's right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.

Transitional compensation claims
(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:
 (a) by or under a corresponding provision of the amended Employment Act; and
 (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.
(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).

Transfer of Administration's liability to pay compensation to the Commonwealth
(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.