[1992] 2 VR 103
CHIARELLA v ACCIDENT COMPENSATION COMMISSION
SUPREME COURT OF VICTORIA APPEAL DIVISION
MURPHY, FULLAGAR and O'BRYAN JJ
29 April, 17 September 1991
[1992] 2 VR 103
Accident compensation — Statutory scheme — Application out of time — Amending
Act giving discretion to extend time — Procedural amendment — Whether
amendment applicable to claim — Accident Compensation Act 1985 (No 10191),
s56(8), s117(6) — Accident Compensation (General Amendment) Act 1989 (No 64),
s31(4), s32(1), s33(1)..
Prior to 5 March 1990, s117(6) of the Accident Compensation Act 1985 allowed
an employee dissatisfied with a recommendation of the Accident Compensation
Tribunal's arbitrator 60 days in which to apply to the tribunal for a
determination. The Act contained no provision for extending the 60 day period.
On 5 March 1990, certain amendments to the Act came into operation by which,
inter alia, a new s56(8) was inserted into the Act empowering the tribunal to
extend the time for lodging an application, or to allow an application to be
lodged out of time. However, s32(1) of the amending Act provided that any
question or matter referred to the tribunal before March 1990 should be
determined in accordance with the Act as in force before that date.
The applicant's claim was disputed by the Accident Compensation Commission and
referred to the tribunal on 4 January 1990. On 23 March 1990, the arbitrator
made a recommendation unfavourable to the applicant, but the applicant did not
apply to the tribunal within 60 days of that recommendation. The applicant
then claimed that s56(8) allowed the tribunal to accept a late application
from him.
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[1992] 2 VR 103
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