5AContinued operation of 1987 version of sec 38 (1)–(5) for injuries before 30 June 1989 and incapacity before 1993 amending Act

#### 5A Continued operation of 1987 version of sec 38 (1)–(5) for injuries before 30 June 1989 and incapacity before 1993 amending Act 5A Continued operation of 1987 version of sec 38 (1)–(5) for injuries before 30 June 1989 and incapacity before 1993 amending Act > > (1) In this clause— > > > > the 1989 amending Act means the [Workers Compensation (Benefits) Amendment Act 1989](/view/pdf/asmade/act-1989-133). > > > > the 1994 amending Act means the [Workers Compensation Legislation (Amendment) Act 1994](/view/pdf/asmade/act-1994-10). > > > (2) This clause applies to a period of incapacity for work (whether occurring before or after 4.00 pm on 30 June 1989), if the incapacity results from an injury received before that time. > > > (3) However, this clause does not apply to— > > > > > (a) a period of incapacity for work to which clause 5 applies (that is, incapacity from an injury received before the commencement of this Act), or > > > > > (b) a period of incapacity for work occurring after the commencement of the amendments to section 38 of this Act by the 1994 amending Act (except in respect of the continued application under this clause of the maximum total period for which a worker may be compensated in accordance with section 38). > > > (4) For the purpose of determining the weekly payment of compensation in respect of a period of incapacity for work to which this clause applies— > > > > > (a) section 38 (1)–(7) of this Act (as in force immediately before the commencement of Schedule 2 (2) to the 1989 amending Act) continues to apply, and > > > > > (b) for the purposes of paragraph (a), section 38 (as so in force) applies as if— > > > > > > > (i) the word “immediately” in section 38 (2) (a) and (c) were omitted, and > > > > > > > (ii) the words “wholly or mainly because of the injury” in section 38 (4) were omitted, and > > > > > > > (iii) section 38 (4) (b)–(d) were omitted, and > > > > > > > (iv) the words in section 38 (7) (b) after “separate periods” were omitted. > > > (5) If a period of incapacity for work results both from an injury received before 4.00 pm on 30 June 1989 and an injury received at or after that time, the incapacity is, for the purpose of determining the amount of the weekly payment of compensation (if any) payable under section 38 of this Act, to be treated as having resulted from the injury received at or after that time. > > > (6) The Workers Compensation (Savings and Transitional) Regulation 1989 is repealed.