Western Australian Numbered Acts Western Australian Numbered Acts (1) The following
provisions apply for the purposes of the application of Part 7
Division 2 in respect of a cause of action accruing before commencement
day if proceedings on the cause of action had not been validly commenced
before that day —
(a) an
election made under the former common law provisions is taken to have been
made under the new common law provisions;
(b) an
election registered by the Director under the former common law provisions is
taken to have been registered by the Director under the new common law
provisions;
(c) a
permanent impairment agreement or permanent impairment assessment as to a
worker’s degree of permanent impairment that was made under the former
common law provisions before commencement day is taken to be an assessment
under the new common law provisions by an approved permanent impairment
assessor or Dust Disease Medical Panel (whichever is appropriate) of the
worker’s degree of permanent impairment;
(d) a
permanent impairment agreement or permanent impairment assessment as to a
worker’s degree of permanent impairment that was recorded by the
Director under the former common law provisions before commencement day is
taken to have been recorded by the Director under the new common law
provisions as the supporting assessment for the worker’s election to
retain the right to seek damages.
(2) For the purposes
of the application of section 423 in respect of an election registered
before commencement day, a reference in that section to the registration day
is a reference to the day on which the election was registered under the
former common law provisions.