189Claim etc. before or after commencement of Act

189 Claim etc. before or after commencement of Act (1) Where a cause of action in respect of an injury to or death of a person arising out of or in the course of his or her employment arose before the commencement of this section, a claim or action (including a claim or action at common law) in respect of that injury or death may be made, commenced or continued after the commencement of this section as if this Act had never commenced and for that purpose the repealed Act shall be deemed to continue in force. (2) Notwithstanding subsection (1) but subject to subsection (3), a person may claim compensation under this Act in respect of an injury or death referred to in that subsection and on his or her so doing this Act shall apply as if the injury or death occurred after the commencement of this section, and subsection (1) shall have no effect. (3) Nothing in subsection (2) shall be construed as permitting a claim for compensation to be made under this Act in respect of an injury to or the death of a person arising out of or in the course of the person's employment before the commencement of this Act where, in respect of that injury or death, compensation has been paid: (a) under the repealed Act; (b) under any other law in force in the Territory relating to the payment of compensation in respect of the injury or death of the person arising out of or in the course of the person's employment; or (c) at common law. (4) Where, but for subsection (2), a person would have been entitled to weekly incapacity benefits under this Act in respect of an injury that occurred before 1 January 1987: (a) the person is entitled to weekly incapacity benefits payable at the rate determined under section 65(7) of this Act as in force immediately before 15 October 1991 multiplied by the average weekly earnings at the date of payment and divided by the average weekly earnings at 15 October 1991; and (b) subsection (1) has no effect.