Western Australian Numbered Acts

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WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 589

589 .         Application of new common law provisions to existing claims

        (1)         The new common law provisions —

            (a)         extend to a cause of action that accrued before commencement day; but

            (b)         do not apply to proceedings for damages that were validly commenced before commencement day, except as provided by this section.

        (2)         The former common law provisions continue to apply to proceedings for damages that were validly commenced before commencement day, except as provided by this section.

        (3)         Part 7 Divisions 3 and 4 extend to proceedings for damages that were validly commenced before commencement day but that had not been finalised (by judgment, settlement or otherwise) before that day.

        (4)         Section 421 extends to a cause of action that accrued before commencement day even if the worker had not elected to retain the right to seek damages as referred to in section 93E of the former Act.

        (5)         Section 433 extends to an action for damages that was successful, within the meaning of that section, before commencement day.

        (6)         The Civil Liability Act 2002 section 13A, as in force immediately before section 626 of this Act comes into operation, continues to apply in respect of proceedings for damages to which the former common law provisions continue to apply as provided by this section.

        (7)         The Motor Vehicle (Third Party Insurance) Act 1943 section 3C, as in force immediately before section 680 of this Act comes into operation, continues to apply in respect of proceedings for damages to which the former common law provisions continue to apply as provided by this section.



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