48ATransitional provisions

48A Transitional provisions

(1) In this section:

commencing day means the day on which section 138 of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 commences.

Commission has the same meaning as it has in the Commonwealth Employees’ Rehabilitation and Compensation Act 1988.

Commissioner has the same meaning as it had in the Compensation (Commonwealth Government Employees) Act 1971 as in force immediately before the commencing day.

instrument means any instrument (including rules, regulations and by‑laws) made, granted or issued pursuant to any Act.

modified 1971 Act means the modified Compensation (Commonwealth Government Employees) Act within the meaning of section 47 as in force immediately before the commencing day.

modified 1988 Act means the modified Commonwealth Employees’ Rehabilitation and Compensation Act within the meaning of section 47.

(2) In this section, a reference to a thing done by, or in relation to, the Commissioner, includes a reference to a thing done by, or in relation to, a delegate of the Commissioner. (3) Any act or thing done at any time before the commencing day by, or in relation to, the Commissioner, being an act or thing done pursuant to, or in relation to, the functions or powers of the Commissioner under the modified 1971 Act, shall, on and after that day, have the same effect as it would have if it had been done by, or in relation to, the Commission pursuant to, or in relation to, the corresponding functions or powers of the Commission under the modified 1988 Act. (4) Any act or thing done at any time before the commencing day by, or in relation to, the Commonwealth, being an act or thing done under the modified 1971 Act shall, on and after that day, have the same effect as it would have if it had been done by, or in relation to, the Commission pursuant to, or in relation to, the functions or powers of the Commission under the modified 1988 Act. (5) Any liability of the Commonwealth to pay compensation or make any other payment to a person under the modified 1971 Act shall, to the extent that it has not been discharged before the commencing day, be deemed to have been incurred by the Commission on that day under the corresponding provision of the modified 1988 Act. (6) Any act or thing done at any time before the commencing day by, or in relation to, an employee, being an act or thing done under the modified 1971 Act, shall, on and after that day, have the same effect as it would have if it had been done by, or in relation to, the employee pursuant to, or in relation to, the modified 1988 Act. (7) An election served on the Commissioner by a transferred South Australian employee under subsection 47(1) as in force at any time before the commencing day shall be deemed to be an irrevocable election served on the Commission by that employee on that day under subsection 47(1) as in force on that day. (8) Where a person was, immediately before the commencing day, entitled to apply to the Administrative Appeals Tribunal under the modified 1971 Act, but had not made such an application before that day, Part VI of the modified 1988 Act applies as if: (a) the person were a claimant under the modified 1988 Act; and (b) the reference in subsection 62(3) of the modified 1988 Act to 30 days after the day on which the determination first came to the notice of the claimant were a reference to 30 days after the commencing day. (9) Where, immediately before the commencing day, there were pending in any court or tribunal any proceedings relating to any matter arising under the modified 1971 Act to which the Commonwealth was a party, those proceedings may be continued after the commencing day and, where those proceedings are so continued, the Commission and the Commonwealth shall be parties to those proceedings. (10) A reference in any instrument to the Commissioner shall, in relation to any act or thing done, or to be done, after the commencing day, be read as a reference to the Commission. (11) All money and investments held immediately before the commencing day for the benefit of a transferred South Australian employee by the Commissioner under the modified 1971 Act are, by force of this subsection, vested in the Commission and shall be held by the Commission for the benefit of that person.