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](/view/html/inforce/current/act-2017-010) or the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041), or > > > > > > > (iii) a Principal Claims Assessor appointed under the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) or the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041), or both, or > > > > > > > (iv) a claims assessor appointed under the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) or the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041), or both, or > > > > > > > (v) a merit reviewer appointed under the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010), or > > > > > > > (vi) a medical assessor appointed under the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) or the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041), or both, or > > > > > > > (vii) a review panel for a medical assessment constituted under the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) or the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041), or > > > > > > > (viii) a review panel for a merit review constituted under the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010), or > > > > > > > (ix) a panel constituted to determine a dispute under Part 3, Division 2 of the [Motor Accidents (Lifetime Care and Support) Act 2006](/view/html/inforce/current/act-2006-016), or > > > > > (b) proceedings that, before the establishment day, were required or permitted under the workers compensation legislation to be dealt with by— > > > > > > > (i) the WCC or a member of the WCC, or > > > > > > > (ii) the Registrar of the WCC or a delegate of the Registrar, or > > > > > > > (iii) an approved medical specialist appointed under Chapter 7, Part 7 of the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086), including a senior approved medical specialist, or > > > > > > > (iv) an Appeal Panel for a medical assessment constituted under [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086), or > > > > > > > (v) a mediator appointed under section 318F of the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086). > > > > pre-establishment referral proceedings means pre-establishment proceedings to determine whether a matter should be referred to another decision-maker to determine. > > > > proceedings includes an application for, or an appeal against, the exercise of a function. > > > > unexercised right means a right, including a right exercisable only with leave or other permission, that— > > > > > (a) was available to be exercised immediately before the establishment day, and > > > > > (b) had not yet been exercised before that day. > > > > unheard proceedings means pending proceedings that had not been heard or considered before the establishment day. > > > (2) For the purposes of this Division, proceedings are not finally determined if— > > > > > (a) any period for bringing an appeal as of right in respect of the proceedings has not expired, ignoring any period that may be available by way of extension of time to appeal, or > > > > > (b) any appeal in respect of the proceedings is pending, whether or not it is an appeal brought as of right.