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SAFETY, REHABILITATION AND COMPENSATION (DEFENCE-RELATED CLAIMS) ACT 1988 - SECT 126

Notices, claims etc. under previous Acts

  (1)   A notice duly served before the commencing day under:

  (a)   section   5 of the 1912 Act;

  (b)   section   16 of the 1930 Act; or

  (c)   section   53 of the 1971 Act;

in relation to an accident or an injury, loss or damage suffered by an employee shall be taken to be a notice duly given to the relevant authority under section   53 of this Act in relation to the accident, injury, loss or damage.

  (2)   A claim for compensation duly made before the commencing day under the 1971 Act shall be taken to be a claim for compensation duly made to the relevant authority under this Act.

  (3)   Where a requirement was made under subsection   58(1) of the 1971 Act that an employee submit himself or herself for examination by a medical referee or other legally qualified medical practitioner but the requirement had not been complied with before the commencing day, the requirement continues to have effect as if it had been made by the relevant authority under subsection   57(1) of this Act and the medical referee or medical practitioner were a medical practitioner nominated under that subsection.

  (4)   An election made by an employee under section   103 of the 1971 Act shall:

  (a)   in the case of an election to receive benefits under a determination referred to in that section--be taken to be an election under section   52 of this Act to receive benefits under that determination; or

  (b)   in the case of an election to receive compensation under that Act--be taken to be an election made under section   52 of this Act to receive compensation under this Act.

  (5)   A notice given to a person under section   102 of the 1971 Act shall, on and after the commencing day, be taken to be a notice given by the relevant authority to that person under section   51 of this Act.



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