14GAllocation of transitional pre-establishment proceedings to Commission Divisions

14G Allocation of transitional pre-establishment proceedings to Commission Divisions

14G Allocation of transitional pre-establishment proceedings to Commission Divisions

(1) This clause applies to proceedings (transitional pre-establishment proceedings) that are—

(a) permitted or required to be determined by the Commission under this Division instead of another person or body, or

(b) remitted by a court under this Division to the Commission or a member of the Commission for reconsideration or redetermination.

(2) The function of determining transitional pre-establishment proceedings is allocated to—

(a) if the Commission or a member of the Commission is determining the proceedings instead of the WCC or a member of the WCC—the Workers Compensation Division, or

(b) if the Commission or member of the Commission is determining the proceedings instead of a claims assessor under the motor accidents legislation—the Motor Accidents Division.

(3) If the Commission is to determine transitional pre-establishment proceedings that are not pending proceedings, the President is, where practicable, to constitute the Commission in a manner that is consistent with the constitution requirements that would have been applicable for the kind of proceedings before the establishment day.

Note—

For constitution requirements in relation to part heard transitional proceedings, see Subdivision 2.