NSWIn ForceAct
Workers Compensation Act 1987
150EMeaning of “substantive law”
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#### 150E Meaning of “substantive law”
150E Meaning of “substantive law”
> In this Division—
>
> a State’s legislation about damages for a work related injury means—
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> > (a) for this State—Part 5 of this Act and Chapter 7 of the 1998 Act, and any other provision of this Act or the 1998 Act providing for the interpretation of anything in that Part or Chapter, and
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> > (b) for any other State—any provisions of a law of the State that is declared by the regulations to be the State’s legislation about damages for a work related injury.
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> substantive law includes—
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> > (a) a law that establishes, modifies, or extinguishes a cause of action or a defence to a cause of action, and
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> > (b) a law prescribing the time within which an action must be brought (including a law providing for the extension or abridgment of that time), and
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> > (c) a law that provides for the limitation or exclusion of liability or the barring of a right of action if a proceeding on, or arbitration of, a claim is not commenced within a particular time limit, and
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> > (d) a law that limits the kinds of injury, loss or damage for which damages or compensation may be recovered, and
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> > (e) a law that precludes the recovery of damages or compensation or limits the amount of damages or compensation that can be recovered, and
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> > (f) a law expressed as a presumption, or rule of evidence, that affects substantive rights, and
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> > (g) a provision of a State’s legislation about damages for a work related injury, whether or not it would be otherwise regarded as procedural in nature,
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> but does not include a law prescribing rules for choice of law.
>
> **pt 5, div 1A (ss 150A–150F):** Ins 2002 No 124, Sch 1.1 \[4\].