QLDIn ForceAct
Workers' Compensation and Rehabilitation Act 2003
sec.322Meaning of substantive law
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### sec.322 Meaning of substantive law
In this chapter, substantive law includes—
a law that establishes, modifies, or extinguishes a cause of action or a defence to a cause of action; and
a law prescribing the time within which an action must be brought (including a law providing for the extension or abridgement of that time); and
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
a law that limits the kinds of injury, loss or damage for which damages or compensation may be recovered; and
a law that precludes the recovery of damages or compensation or limits the amount of damages or compensation that can be recovered; and
a law expressed as a presumption, or rule of evidence, that affects substantive rights; and
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;
but does not include a law prescribing rules for choice of law.
In this section—
a State’s legislation about damages for a work related injury means—
for Queensland— chapter 5 and any other provision of this Act providing for the interpretation of anything in chapter 5 ; or
otherwise—any provisions of a law of a State that are declared under a regulation to be the State’s legislation about damages for work related injury.
s 322 amd 2010 No. 24 s 3 sch
(sec.322-ssec.1) In this chapter, substantive law includes— a law that establishes, modifies, or extinguishes a cause of action or a defence to a cause of action; and a law prescribing the time within which an action must be brought (including a law providing for the extension or abridgement of that time); and 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 a law that limits the kinds of injury, loss or damage for which damages or compensation may be recovered; and a law that precludes the recovery of damages or compensation or limits the amount of damages or compensation that can be recovered; and a law expressed as a presumption, or rule of evidence, that affects substantive rights; and 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; but does not include a law prescribing rules for choice of law.
(sec.322-ssec.2) In this section— a State’s legislation about damages for a work related injury means— for Queensland— chapter 5 and any other provision of this Act providing for the interpretation of anything in chapter 5 ; or otherwise—any provisions of a law of a State that are declared under a regulation to be the State’s legislation about damages for work related injury.
- (a) a law that establishes, modifies, or extinguishes a cause of action or a defence to a cause of action; and
- (b) a law prescribing the time within which an action must be brought (including a law providing for the extension or abridgement of that time); and
- (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
- (d) a law that limits the kinds of injury, loss or damage for which damages or compensation may be recovered; and
- (e) a law that precludes the recovery of damages or compensation or limits the amount of damages or compensation that can be recovered; and
- (f) a law expressed as a presumption, or rule of evidence, that affects substantive rights; and
- (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;
- (a) for Queensland— chapter 5 and any other provision of this Act providing for the interpretation of anything in chapter 5 ; or
- (b) otherwise—any provisions of a law of a State that are declared under a regulation to be the State’s legislation about damages for work related injury.