46Saving of certain workers compensation entitlements

#### 46 Saving of certain workers compensation entitlements 46 Saving of certain workers compensation entitlements > > (1) In this clause, former provisions means— > > > > > (a) Schedule 5 to the [Transport Authorities Act 1980](/view/pdf/asmade/act-1980-103), and > > > > > (b) sections 124–124C of the [Transport Act 1930](/view/pdf/asmade/act-1930-18). > > > (2) The former provisions continue to apply to and in respect of a member of the staff of an Authority, but only if— > > > > > (a) the member is incapacitated for work (whether totally or partially), and > > > > > (b) that incapacity results solely from an injury received before the repeal of those provisions. > > > (3) If— > > > > > (a) the Authority which employs any such partially incapacitated member of staff offers that member employment for which that member is fit (whether or not of the same classification or kind as that in which that member was engaged before becoming incapacitated), and > > > > > (b) that member refuses or fails to accept that offer of employment, > > > > the former provisions cease to apply to and in respect of that member on such date as the Authority notifies that member. > > > (4) A member of staff of an Authority in respect of whom the former provisions have ceased to apply— > > > > > (a) is entitled to compensation (if any) under the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070), and > > > > > (b) is not precluded from any entitlement to compensation or damages against the Authority merely because that member did not elect to make a claim against the Authority for compensation or damages within the time prescribed by the former provisions. > > > (5) In the application of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) to a member of staff referred to in subclause (4) a period of incapacity before the repeal of the former provisions shall be regarded as a period of incapacity under that Act. > > > (6) The provisions of clause 5 of Schedule 5 to the [Transport Authorities Act 1980](/view/pdf/asmade/act-1980-103) and section l24B of the [Transport Act 1930](/view/pdf/asmade/act-1930-18) shall, in their application to a person to whom those provisions continue to apply, be read as if the period during which the person may elect to make a claim for compensation or damages were extended until the date that is 12 months after the repeal of the former provisions. > > > (7) The workers compensation commissioners have the same jurisdiction to hear and determine matters arising under this clause as they have for matters arising under the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070). > > > (8) The provisions of Divisions 4 and 5 of Part 4 of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) and the provisions of the [Compensation Court Act 1984](/view/html/repealed/current/act-1984-089) apply to proceedings under this clause.