5BOperation of 1994 amending Act (secs 38, 38A, 40, 40A, 43, 43A)—injuries before 1994 amending Act

#### 5B Operation of 1994 amending Act (secs 38, 38A, 40, 40A, 43, 43A)—injuries before 1994 amending Act 5B Operation of 1994 amending Act (secs 38, 38A, 40, 40A, 43, 43A)—injuries before 1994 amending Act > > (1) In this clause, the 1994 amending Act means the [Workers Compensation Legislation (Amendment) Act 1994](/view/pdf/asmade/act-1994-10). > > > (2) The amendments made by the 1994 amending Act to sections 38, 38A, 40, 40A, 43 and 43A of this Act apply to any period of incapacity for work occurring after (but not before) the commencement of those amendments (whether the incapacity results from an injury received before or after that commencement), except as provided by this clause. > > > (3) In the case of a period of incapacity for work resulting from an injury received before the commencement of those amendments— > > > > > (a) when determining the different rates of compensation payable under section 38 of this Act (as amended by the 1994 amending Act) on the expiration of particular periods of incapacity, any period of incapacity occurring before the commencement of those amendments is not to be disregarded and, accordingly, is to be taken into account in determining the rate of compensation payable for the balance of any such period of incapacity occurring after that commencement, and > > > > > (b) the maximum total period for which a worker may be compensated in accordance with section 38 of this Act is to be 52 weeks instead of 104 weeks but only if the injury was received before 1 February 1992, and > > > > > (c) if the rate of compensation for a period of incapacity to which section 38 applies would be higher if the 1994 amending Act had not been enacted, the rate is to be determined as if the amending Act had not been enacted. > > > (4) Sections 38, 38A, 40 and 43 of this Act (as in force immediately before the commencement of the amendments to those sections by the 1994 amending Act) continue to apply to periods of incapacity for work occurring before the commencement of those amendments if the incapacity results from an injury received at or after 4.00 pm on 30 June 1989, except as provided by this clause. > > > (5) Section 38 of this Act continues to apply, as referred to in subclause (4), as if section 38 (7A) and (7B) were omitted. > > > (6) If a period of incapacity for work results both from an injury received before a relevant date and an injury received on or after that date, the incapacity is, for the purpose of determining the amount of the weekly payment of compensation (if any) payable under section 38 or 40 of this Act, to be treated as having resulted from the injury received on or after that date. The relevant date for the purposes of subclause (3) (b) is 1 February 1992 and for any other purpose is the date of commencement of the amendment concerned. > > > (7) This clause does not apply to a period of incapacity to which clause 5 or 5A applies.