1971Act means the Workers Compensation Act 1971.

1971 Act means the Workers Compensation Act 1971. 59—Application of 1971 Act (1) Subject to this clause, the 1971 Act continues to apply in respect of an injury that is attributable to a trauma that occurred before the appointed day. (2) This Act applies in relation to an injury (referred to in this clause as a transitional injury) that is partially attributable to a trauma that occurred before the appointed day and partially attributable to a trauma that occurred on or after the appointed day, but does not affect rights (referred to in this clause as antecedent rights) that had accrued before the appointed day in respect of a transitional injury. (3) The following provisions apply in relation to a transitional injury: (a) where a compensating authority pays or is liable to pay compensation to a claimant under this Act in relation to a transitional injury, the compensating authority is subrogated, to an appropriate extent, to the antecedent rights of the claimant; (b) where the claimant has received, in pursuance of antecedent rights, damages or compensation (not being weekly payments for a period of incapacity that concluded before the appointed day), there will be an appropriate reduction in the amount of compensation payable under this Act in respect of the injury; (c) the extent of a subrogation under paragraph (a), or a reduction in the amount of compensation under paragraph (b), will be determined having regard to— (i) the amount of the compensation payable (apart from this subclause) under this Act in respect of the transitional injury; and (ii) the extent to which the transitional injury is attributable to a trauma that occurred before the appointed day; and (iii) any other relevant factors. (4) Where a compensating authority— (a) pays compensation to a claimant under this Act; and (b) becomes entitled to recover a proportion of the payment from an employer by virtue of subrogation to the rights of the claimant under subclause (3)(a); and (c) notifies that employer in writing of the payment, the amount recoverable from the employer will be increased by interest at the prescribed rate as from the date of the notification. (5) The Corporation will, in the first instance, make a determination of— (a) the extent of a subrogation under subclause (3)(a) or a reduction in the amount of compensation under subclause (3)(b); and (b) the amount of any consequential liability. (6) Before making such a determination the Corporation must allow any person whose interests may be affected by the determination a reasonable opportunity to make representations to the Corporation on the subject matter of the determination and when the determination is made the Corporation must give written notification of the terms of the determination to every person whose interests are affected by it. (7) Any such person may, by written notice served personally or by post on the Corporation within 1 month after receiving notice of the determination or such longer period as the Corporation may allow, dispute the determination. (8) Any such dispute may be referred on the application of any party affected by the determination to SAET. (9) Where a dispute is so referred, SAET will review the Corporation's determination and may confirm, vary or revoke it. (10) Subject to the regulations, a determination by the Corporation under this clause may be enforced in the same way as a decision of SAET. (11) A determination by the Corporation may be enforced notwithstanding that it is disputed, but if it appears from the result of a review that a compensating authority has recovered an amount in pursuance of the determination to which the compensating authority is not entitled, that amount must be repaid together with interest at the prescribed rate. 60—Mining and Quarrying Industries Fund (1) The scheme established under Part 9 of the 1971 Act continues in existence for the settlement of claims and other matters arising in relation to death or disablement from silicosis suffered before the appointed day except that the Corporation will be liable to satisfy any claim made under the scheme. (2) The money held by the Corporation in connection with the operation of subclause (1) must be held in a special account entitled the Mining and Quarrying Industries Fund. (3) The Mining and Quarrying Industries Fund is to be notionally divided into 2 parts (Part A and Part B), 1 part (Part A) to be available to the Corporation to satisfy its liabilities under subclause (1) and the balance (Part B) to be available to the Mining and Quarrying Occupational Health and Safety Committee under Schedule 2 of the Work Health and Safety Act 2012 for the purposes referred to in that Schedule. (4) For the purposes of the division of the Mining and Quarrying Industries Fund into 2 parts— (a) the Corporation must at 3 yearly intervals arrange for an actuary to estimate the extent of the Corporation's existing and prospective liabilities under subclause (1) at that date; and (b) — (i) if it appears from any such estimate that the amount standing to the credit of Part A exceeds the amount required to satisfy the Corporation's liabilities under subclause (1), the amount of the excess must be transferred from Part A to Part B; (ii) if it appears from any such estimate that the amount standing to the credit of Part A is less than the amount required to satisfy the Corporation's liabilities under subclause (1), the amount required to make up the deficiency must be transferred from Part B to Part A. (5) The Corporation must keep separate accounting records for Parts A and B. (6) Money standing to the credit of the Mining and Quarrying Industries Fund (and not immediately required for the purposes of the fund) may be invested as if it were part of the Compensation Fund. (7) Income and accretions produced by the investment of the money must be shared between Parts A and B (the amount of the shares being determined according to the extent to which money held on each account has contributed to the amount invested). (8) The Corporation may debit the Mining and Quarrying Industries Fund with the reasonable costs of administering the fund. 61—Statutory Reserve Fund (1) The Statutory Reserve Fund (referred to in section 118c of the 1971 Act) must continue to be held as a separate part of the Compensation Fund. (2) Division 4 of Part 10A (ie sections 118d to 118e) of the 1971 Act, and related interpretative provisions, continue in force subject to the following modifications: (a) references to the Commission are to be read as references to the Corporation; (b) references to the fund are to be read as references to the Statutory Reserve Fund held under subclause (1); (c) references to the Treasurer are to be read as references to the Corporation; (d) references to the Court are to be read as references to SAET; (e) section 118d(10) is modified to read as follows: (10) On an appeal under this section, SAET has power to review all aspects of the Corporation's determination.; (f) after section 118d(12) subsections are inserted in the following terms: (13) Any amounts recovered by the Corporation in the exercise of rights to which it is subrogated under subsection (12) must be paid into the fund. (14) A claim made under this section before the date of transition that had not been disposed of at the date of transition (a pre‑transition claim), is taken to have been made against the Corporation as if this section had been in force in its modified form when the claim was made and it was then made against the Corporation. (15) It follows that the Corporation assumes responsibility for administering pre-transition claims and is substituted for the Commission or the Treasurer (as the case requires) in any legal proceedings relating to such claims. (16) Any rights of subrogation that existed in favour of the Treasurer immediately before the date of transition are transferred to the Corporation. (17) The Corporation may recoup administrative expenses and legal costs related to claims under this section from the fund. (18) The Corporation may intervene and be heard in proceedings before a court if there is a prospect that a claim before the court, or a judgment of the court, may lead to a claim under this section. (19) In this section— date of transition means the date on which the Workers Rehabilitation and Compensation (SGIC) Amendment Act 1996 came into operation. 62—Insurance Assistance Fund (1) The Insurance Assistance Fund must continue to be held as a separate part of the Compensation Fund. (2) The Governor may, by proclamation, transfer rights and liabilities of the insurer under a section 118g policy from the Motor Accident Commission to the Corporation. (3) The Motor Accident Commission may delegate to the Corporation its responsibility for administering claims under section 118g policies. (4) The Corporation may, by an authorised contract or arrangement— (a) delegate its responsibility for administering claims under section 118g policies in relation to which the rights and liabilities of the insurer have been transferred to the Corporation under subclause (2); or (b) subdelegate a responsibility for administering claims under section 118g policies delegated to it under subclause (3). (5) The Motor Accident Commission or the Corporation (as the case requires) may recoup expenditure covering liabilities under section 118g policies and associated administrative and legal costs (other than expenditure and costs covered by a contract of reinsurance) from the Insurance Assistance Fund and, if that proves insufficient, from the Statutory Reserve Fund. (6) In this clause— authorised contract or arrangement means a contract or arrangement authorised by regulation under section 14 of the WorkCover Corporation Act 1994; section 118g policy means a policy of insurance issued under section 118g(3) of the 1971 Act. 63—Management of funds (1) The Statutory Reserve Fund and the Insurance Assistance Fund may be invested in common with the Compensation Fund as if they formed part of the Compensation Fund. (2) For the purposes of financial reporting and actuarial valuations, the Statutory Reserve Fund and the Insurance Assistance Fund will be taken to form part of the Compensation Fund. (3) If the Corporation is of the opinion that the balance of the Statutory Reserve Fund or the Insurance Assistance Fund exceeds the amount reasonably required for the purposes for which the relevant fund exists, the Corporation may, with the Minister's consent, transfer the surplus to the Compensation Fund. 64—Entitlement to documents The Corporation is entitled to possession of all documents and other materials in the possession or power of the Motor Accident Commission relevant to claims against the Statutory Reserve Fund or to liabilities under policies of insurance transferred to the Corporation in connection with the scheme continued under this Schedule. 65—Loss of earning capacity—capital loss assessments (1) Division 4B of Part 4 of the repealed Act, as in existence immediately before the designated day, will be taken to continue to apply with respect to any case where the Corporation or a self‑insured employer has made any assessment (including an interim assessment) under section 42A of the repealed Act before the designated day. (2) If a worker to whom subclause (1) applies has not, immediately before the commencement of this clause, received a final assessment of loss under the Division of the repealed Act referred to in subclause (1), any further assessment under that Division will be made on the basis that the worker is taken to be a seriously injured worker for the purposes of the assessment. Division 10—Work health and safety administration costs 66—Work health and safety administration costs (1) In this clause— WHS Act means the Work Health and Safety Act 2012. (2) The prescribed percentage of the prescribed amount under Schedule 5, clause 2(7) and (8) of the WHS Act (as amended by this Act) for the 2015/2016 financial year must be at least equal to the total of the prescribed percentage of the prescribed amount under Schedule 5, clause 2(7) and (8) of the WHS Act for the 2014/2015 financial year and the amount payable under Schedule 5, clause 3 of the WHS Act for the 2014/2015 financial year (and if a regulation is not made under Schedule 5, clause 2(7) or (8) of the WHS Act (as amended by this Act) for the 2015/2016 financial year then the total amount described in this subclause will apply under that clause).