288Section 16

288 Section 16 (1) Subject to subsection (3), section 16 as amended by section 4 of the **Accident Compensation and Other Legislation (Amendment) Act 2006** applies in respect of any claim or proceedings made or lodged on or after 1 June 2006 irrespective of whether the injury occurred before, on or after 1 June 2006. (2) Subject to subsection (3), a worker who is or the dependants of a worker who are or may be entitled to compensation in respect of an injury arising out of or in the course of, or due to the nature of, employment only because of the application of section 16 as in force before the commencement of section 4 of the **Accident Compensation and Other Legislation (Amendment) Act 2006** shall not, in proceedings in respect of the injury be entitled to compensation except in accordance with section 16 as amended by section 4 of the **Accident Compensation and Other Legislation (Amendment) Act 2006**. (3) The amendment of section 16 by section 4 of the **Accident Compensation and Other Legislation (Amendment) Act 2006** does not affect the rights of the parties in the proceedings known as *Adrian Whitehead v Carlton Football Club Limited & Ors* (No. 4905 of 2001) in the Supreme Court of Victoria (Court of Appeal). S. 289 inserted by No. 41/2006 s. 26.