14DUnexercised rights to commence non-court proceedings

#### 14D Unexercised rights to commence non-court proceedings 14D Unexercised rights to commence non-court proceedings > > (1) This clause applies in relation to an unexercised right to commence pre-establishment proceedings before an original decision-maker other than a court. > > > (2) A person who has the unexercised right to commence proceedings may commence the proceedings with the new decision-maker for the exercise of the same functions that could have been exercised by the original decision-maker to which the right relates. > > > (3) The following provisions apply to the commencement of proceedings under this clause— > > > > > (a) the new decision-maker has and may exercise all the functions that the original decision-maker would have had in relation to the proceedings if they had been commenced before the establishment day, including any functions relating to the granting of leave or other permission to commence proceedings, > > > > > (b) the provisions of any Act, statutory rule or other law, including provisions concerning the time within which to commence the proceedings, that would have applied to or in respect of the determination of the proceedings had this Act not been enacted continue to apply, > > > > > (c) despite paragraph (b), Division 3.2 of this Act applies to the proceedings, including section 30, but only if— > > > > > > > (i) the proceedings concern a compensation claim within the meaning of Division 3.2, and > > > > > > > (ii) a person with standing to whom section 26(1) applies makes an application to the District Court in accordance with that section. > > > (4) To avoid doubt, if the District Court remits a matter to which subclause (3)(c) applies to the new decision-maker under section 26, the modifications made by this clause to proceedings, other than subclause (3)(c), continue to apply in relation to the determination of the proceedings.