14AInterpretation

14A Interpretation

14A Interpretation

(1) In this Division—

commence, in relation to proceedings, includes lodge or file an application or a document seeking the exercise of a function.

decision includes a purported decision or a refusal or failure to make a decision.

new decision-maker, in relation to proceedings or an unexercised right, means the person, court or other body given the function, on and from the establishment day, of dealing with the proceedings or the exercise of the right instead of the original decision-maker because of amendments made to the motor accidents legislation or workers compensation legislation.

Example—

Schedule 6 makes amendments to confer or impose functions of the WCC under the workers compensation legislation on the Commission.

original decision-maker, in relation to proceedings or an unexercised right, means the person, court or other body having the function of dealing with the proceedings or the exercise of the right immediately before the establishment day.

part heard proceedings means pending proceedings that had begun to be heard or considered, but were not determined, before the establishment day.

pending proceedings means proceedings that—

(a) were commenced before the establishment day, and

(b) had not been finally determined before that day.

Note—

See subclause (2) for the meaning of finally determined proceedings.

pre-establishment proceedings means—

(a) proceedings that, before the establishment day, were required or permitted under the motor accidents legislation to be dealt with by—

(i) the DRS, MAS or CARS, or

(ii) the proper officer of the Authority designated under the Motor Accident Injuries Act 2017 or the Motor Accidents Compensation Act 1999, or

(iii) a Principal Claims Assessor appointed under the Motor Accident Injuries Act 2017 or the Motor Accidents Compensation Act 1999, or both, or

(iv) a claims assessor appointed under the Motor Accident Injuries Act 2017 or the , or both, or