151Review of existing determinations

151 Review of existing determinations

(1) Where a determination was made by the Commissioner for Employees’ Compensation under the Principal Act before the date of commencement of this Part, then, subject to this Part: (a) if a party to the determination had not, before that date, requested the Commissioner to refer a matter or question to which the determination relates to a Compensation Tribunal for reconsideration and had not, before that date, applied to a prescribed Court for a judicial review of the determination, then, subject to this Part, the Principal Act as amended by this Part applies in relation to the determination in like manner as it applies in relation to a determination made on or after that date; (b) if a party to the determination had, before that date, applied to a prescribed Court for a judicial review of the determination, then, notwithstanding the amendments made by section 149, the Principal Act continues to apply in relation to the determination, and in relation to any determination made by a prescribed Court in substitution for the determination; (c) if a party to the determination had, before that date, applied to a prescribed Court for an extension of time for lodging and serving an application for a judicial review of the determination and the Court had granted an extension for a period ending on or after that date but an application had not been made before that date for a judicial review of the determination then, notwithstanding the amendments made by section 149: (i) the Principal Act continues to apply for the purpose of enabling the party to make such an application within that period; and (ii) where the party makes an application within that period—the Principal Act continues to apply in relation to the determination, and in relation to any determination made by a prescribed Court in substitution for the determination; (d) if a party to the determination had, before that date, applied to a prescribed Court for an extension of time for lodging and serving an application for a judicial review of the determination but the Court had not, before that date, heard and determined the application for the extension of time, then, notwithstanding the amendments made by section 149: (i) the Principal Act continues to apply for the purpose of enabling the Court to hear and determine the application and, where the Court grants the extension of time, enabling that party to apply for a judicial review of the determination within the period for which the time is extended; and (ii) where the party applies for a judicial review of the determination within that period—the Principal Act continues to apply in relation to the determination, and in relation to any determination made by a prescribed Court in substitution for the determination; or (e) if a party to the determination had, before that date, requested the Commissioner to refer a matter or question to which the determination relates to a Compensation Tribunal for reconsideration and no Compensation Tribunal had, before that date, commenced the hearing of a reconsideration of the matter or question or a Compensation Tribunal had commenced the hearing but had not, before that date, given its decision on the matter or question: (i) the proceeding before the Compensation Tribunal is, by force of this section, transferred to the Administrative Appeals Tribunal and shall continue before that Tribunal as if it were a proceeding on an application for a review of the determination made to that Tribunal by the party to the determination who made the request; and (ii) if a question of law that had arisen in the proceeding had been referred by the Compensation Tribunal to the Federal Court of Australia under section 94A of the Principal Act and that Court had not given its opinion on the question—that question shall be deemed to have been referred to that Court by the Administrative Appeals Tribunal under section 45 of the Administrative Appeals Tribunal Act 1975 but, for the purposes of the reference, that Court shall be constituted in accordance with section 94A of the Principal Act. (2) For the purposes of the application of paragraph 29(1)(d) of the Administrative Appeals Tribunal Act 1975 in relation to a determination that was made under the Principal Act before the date of commencement of this Part and of which notification was given under section 61 of the Principal Act within the period of 60 days before that date, the prescribed time is: (a) the period of 60 days commencing on the date of commencement of this Part; or (b) the period applicable under subsection 29(2) of the Administrative Appeals Tribunal Act 1975 as that subsection has effect by virtue of subsection 65(4) of the Principal Act as amended by this Part; whichever period expires later. (3) Paragraph (1)(e) applies in relation to a request lodged with the Clerk of a Compensation Tribunal before the date of commencement of this Part notwithstanding that the request was lodged after the period referred to in paragraph 76(1)(c) of the Principal Act and, for the purposes of paragraph (1)(e), a proceeding in respect of the request shall be taken to be before a Compensation Tribunal notwithstanding that the request was lodged after that period, but nothing in this subsection requires the Administrative Appeals Tribunal to hear and determine the proceeding unless that Tribunal extends the time for making the application so that the application is to be taken to have been duly lodged with the Tribunal.