105Jurisdiction of Commission and Compensation Court

#### 105 Jurisdiction of Commission and Compensation Court 105 Jurisdiction of Commission and Compensation Court > > (1) Subject to this Act, the Commission has exclusive jurisdiction to examine, hear and determine all matters arising under this Act and the 1987 Act. > > > (2) The Commission does not have that jurisdiction in respect of matters arising under Part 5 (Common law remedies) of the 1987 Act except for the purposes of and in connection with the operation of Part 6 of Chapter 7 of this Act. > > > (3) The Commission does not have jurisdiction in respect of matters that the Compensation Court or (after the repeal of the [Compensation Court Act 1984](/view/html/repealed/current/act-1984-089)) the District Court has jurisdiction to examine, hear and determine. > > > (4) Subject to this Act and the [Compensation Court Act 1984](/view/html/repealed/current/act-1984-089), the Compensation Court has exclusive jurisdiction to examine, hear and determine all existing claim matters except matters arising under Part 5 of the 1987 Act. > > > (4A) After the repeal of the [Compensation Court Act 1984](/view/html/repealed/current/act-1984-089), the District Court has exclusive jurisdiction to examine, hear and determine all coal miner matters (except matters arising under Part 5 of the 1987 Act). > > > (5) Despite section 17 (4) of the [Compensation Court Act 1984](/view/html/repealed/current/act-1984-089), the Compensation Court does not have jurisdiction to reconsider a matter, or to rescind, alter or amend any decision previously made or given by the Court in relation to a matter, once the matter has become a new claim matter. > > > (6) For the purposes of giving effect to subsections (4) and (4A), references in this Act to the Commission are to be read as references— > > > > > (a) to the Compensation Court, to the extent that the reference relates to a matter that the Compensation Court has jurisdiction to examine, hear and determine, or > > > > > (b) to the District Court, to the extent that the reference relates to a matter that the District Court has jurisdiction to examine, hear and determine. > > Note. > > Provision is made in the 1987 Act for regulations to require existing claims to be treated as new claims (transferred claims). The Compensation Court ceases to have jurisdiction in respect of transferred claim matters and the Commission acquires exclusive jurisdiction in respect of transferred claim matters. > > **s 105:** Subst 2001 No 61, Sch 4.2 \[12\]; 2001 No 94, Sch 5.2 \[3\]. Am 2002 No 23, Sch 1.15 \[4\]–\[6\]; 2012 No 53, Sch 1.2 \[8\]; 2018 No 62, Sch 1.2 \[8\].