SCHEDULE 9 - Savings and transSCHEDULE 9 - Savings and transitional provisions in relation to the Workers Rehabilitation and Compensation Reform Act 1995

# SCHEDULE 9 - Savings and trans SCHEDULE 9 - Savings and transitional provisions in relation to the Workers Rehabilitation and Compensation Reform Act 1995 [Section 164](#GS164@EN) > **1.   **Interpretation**** > > > In this Schedule – > > > > > ***commencement day*** means the day on which the *Workers Rehabilitation and Compensation Reform Act 1995* commences; > > > > > ***Workers Compensation Board*** means the Workers Compensation Board constituted under [section 8](#GS8@EN) , as in force immediately before the commencement day; > > > > > ***Workplace Safety Board*** means the Workplace Safety Board of Tasmania established under [section 8](#GS8@EN) . > **2.   **Acts, &c., done by or to the Workers Compensation Board**** > > > All acts, matters and things done or omitted to be done by, or done or suffered in relation to, the Workers Compensation Board before the commencement day have, on and after that day, the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the Workplace Safety Board. > **3.   **Property and rights, &c.**** > > > On the commencement day, the property and rights of the Workers Compensation Board vest in the Workplace Safety Board and the liabilities of the Workers Compensation Board become the liabilities of the Workplace Safety Board. > **4.   **Money and claims**** > > > On the commencement day – > > > > > > (a) all money, debts and claims, liquidated or unliquidated, that, immediately before that day, was or were payable to, due to or recoverable by the Workers Compensation Board are taken to be money, debts or claims payable to, due to or recoverable by the Workplace Safety Board; and > > > > > > > (b) all money, debts and claims, liquidated or unliquidated, that, immediately before that day, was or were payable by, due from, or recoverable against the Workers Compensation Board are taken to be money, debts or claims payable by, due from or recoverable against the Workplace Safety Board. > **5.   **Legal proceedings by or against the Board**** > > > > (1) On and after the commencement day, any legal proceedings instituted by or against the Workers Compensation Board before, and pending immediately before, that day may be continued by or against the Workplace Safety Board. > > > > > (2) On and after the commencement day, any legal or other proceedings which may, immediately before that day, have been instituted or continued by or against the Workers Compensation Board may be instituted or continued by or against the Workplace Safety Board. > > > > > (3) On and after the commencement day, a judgment or order of a court obtained in legal proceedings by or against the Workers Compensation Board and not executed or satisfied before that day may be enforced by or against the Workplace Safety Board. > **6.   **Contracts**** > > > All contracts, agreements, arrangements and undertakings which were entered into by the Workers Compensation Board before, but which were not performed or discharged by, the commencement day are, on and after that day, taken to have been entered into by the Workplace Safety Board. > **7.   **Documents**** > > > On and after the commencement day – > > > > > > (a) any document which was addressed to, and which was purported to have been served on or notified to, the Workers Compensation Board and which had not ceased to have effect before that day, is taken to have been served on or notified to the Workplace Safety Board; and > > > > > > > (b) any document which was addressed to, and which was purported to have been served on or notified to, a person by or on behalf of the Workers Compensation Board and which had not ceased to have effect before that day, is taken to have been served on or notified to that person by the Workplace Safety Board. > **8.   **References to Workers Compensation Board**** > > > On and after the commencement day, a reference to the Workers Compensation Board in any Act, law, instrument or document is taken to be a reference to the Workplace Safety Board. > **9.   **Temporary performance of functions, &c., of Workplace Safety Board**** > > > [*\[Schedule 9 Amended by No. 65 of 2004, s. 36, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS36@EN) Until all members of the Workplace Safety Board are appointed under [section 9](#GS9@EN) , or for a period of 2 months after the commencement day, whichever is the earlier, the Secretary is to perform the functions and exercise the powers of that Board. > **10.   **Person holding office as Workers Compensation Commissioner**** > > > On and after the commencement day, the person holding office as Workers Compensation Commissioner immediately before that day is taken to be appointed as Chief Workers Rehabilitation and Compensation Commissioner. > **11.   **Acts, &c., done by or to the Workers Compensation Commissioner**** > > > All acts, matters and things done or omitted to be done by, or done or suffered in relation to, the Workers Compensation Commissioner before the commencement day have, on and after that day, the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the Tribunal. > **12.   **Case stated for opinion of Supreme Court by Workers Compensation Commissioner**** > > > On and after the commencement day, a case stated for the opinion of the Supreme Court by the Workers Compensation Commissioner under [section 58](#GS58@EN) , the hearing of which is pending immediately before that day, is taken to be a case stated by the Tribunal. > **13.   **Appeals against determinations, &c., of Workers Compensation Commissioner**** > > > On and after the commencement day, an appeal to the Supreme Court in relation to any determination, order, ruling or direction of the Workers Compensation Commissioner and pending immediately before that day is taken to be an appeal in relation to a determination, order, ruling or direction of the Tribunal. > **14.   **Legal proceedings by or against Workers Compensation Commissioner**** > > > > (1) On and after the commencement day, any legal proceedings instituted by or against the Workers Compensation Commissioner before, and pending immediately before, that day may be continued by or against the Tribunal. > > > > > (2) On and after the commencement day, any legal or other proceedings which may, immediately before that day, have been instituted or continued by or against the Workers Compensation Commissioner may be instituted or continued by or against the Tribunal. > > > > > (3) On and after the commencement day, a judgment or order of a court obtained in legal proceedings by or against the Workers Compensation Commissioner and not executed or satisfied before that day may be enforced by or against the Tribunal. > **15.   **Acts, &c., done by or to a registrar**** > > > All acts, matters and things done or omitted to be done by, or done or suffered in relation to, a registrar of the court of requests, or a person performing the functions of a registrar, under this Act before the commencement day have, on and after that day, the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the Registrar. > **16.   **References to Workers Compensation Commissioner**** > > > On and after the commencement day, a reference to the Workers Compensation Commissioner or a part-time Workers Compensation Commissioner in any Act, law, instrument or document is taken to be a reference to the Tribunal. > **17.   **Documents**** > > > On and after the commencement day – > > > > > > (a) any document which was addressed to, and which was purported to have been served on, the Workers Compensation Commissioner and which had not ceased to have effect before that day, is taken to have been served on the Tribunal; and > > > > > > > (b) any document which was addressed to, and which was purported to have been served on, a person by or on behalf of the Workers Compensation Commissioner or a registrar of the court of requests, or a person performing the functions of a registrar, under this Act, and which had not ceased to have effect before that day, is taken to have been served on that person by the Tribunal; and > > > > > > > (c) any document which was addressed to, and which was purported to have been served on, or lodged or filed with, a registrar of the court of requests, or a person performing the functions of a registrar, under this Act and which had not ceased to have effect before that day, is taken to have been served on, or lodged or filed with, the Registrar. > **18.   **Continuation of certain weekly payments**** > > > A worker, who before 4 June 1995 received, or was in receipt of, a weekly payment in accordance with the decision of the High Court of Australia in *Scott v Sun Alliance Insurance Australia Limited & Anor.* (1993) 178 C.L.R. 1, is, on and after the commencement day, entitled to have received or to continue to receive that payment as if [section 69A](#GS69A@EN) had not been enacted. > **19.   **Claims for compensation**** > > > Except as provided in [section 69A](#GS69A@EN) , all claims for compensation with respect to an injury which occurred before the commencement day and not finally determined before that day are, on and after that day, to be continued and determined under this Act as in force immediately before that day. > **20.   **Accredited medical practitioners**** > > > All medical practitioners are taken to be accredited medical practitioners for the period of 12 months from the commencement day or for such lesser period as may be prescribed. > **21.   **Acts, &c., done by or to Premiums Monitoring Committee**** > > > All acts, matters and things done or omitted to be done by, or done or suffered in relation to, the Premiums Monitoring Committee before the commencement day have, on and after that day, the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the Workplace Safety Board. > **22.   **Licences and permits**** > > > A licence or permit granted by the Workers Compensation Board and in force immediately before the commencement day is, on and after that day, taken to be a licence or permit granted by the Workplace Safety Board. > **23.   **Notional premium payments**** > > > A notional premium payment determined by the Workers Compensation Board before the commencement day is, on and after that day, taken to have been determined by the Workplace Safety Board. > **24.   **References to *Workers Compensation Act 1988***** > > > On and after the commencement day, a reference to the *Workers Compensation Act 1988* in any Act, law, instrument or document is taken to be a reference to the *Workers Rehabilitation and Compensation Act 1988*.