Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The Compensation Act continues to apply in relation to an undetermined application for compensation made after 23 June 1998 as if the amendments to the Compensation Act effected by this Act had not been made, subject to this section.
(2) Where, by an undetermined application for compensation made after 23 June 1998, compensation for pain and suffering is claimed—
(a) if no award was made before the commencement day pursuant to the application—any award may not include provision for any compensation for pain and suffering;
(b) if an interim award was made pursuant to the application before the commencement day, but no final award had yet been made—
(i) if the interim award includes provision for compensation for pain or suffering—any final award pursuant to the application may not increase the amount of such provision; or
(ii) if the interim award does not include any such provision—any final award pursuant to the application may not include any such provision; or
(c) if a final award was made before the commencement day pursuant to the application, and, immediately before that day—
(i) an appeal in relation to the award had been made but not finally disposed of; or
(ii) the period for making any such appeal had not expired;
the court hearing any such appeal may not make an order with the effect of providing for any compensation for pain and suffering not ordered in previous proceedings, or increasing the amount of any such compensation ordered in previous proceedings.
(3) Nothing in this section prevents a court from making an order with the effect of decreasing any amount of compensation for pain and suffering included in an award made before the commencement day.