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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3525 ..

3 Notes

(1) A note included in these regulations is explanatory and is not part of these regulations.

Note  See Legislation Act 2001, section 127 (1), (4) and (5) for the legal status of notes.

(2) In this regulation:

104 note includes material enclosed in brackets in regulation headings.

Note For comparison, a number of these regulations contain bracketed notes in their headings drawing attention to equivalent or comparable (though not necessarily identical) provisions of Acts and other regulations. Abbreviations in the notes include the following:

  • ACT WCA: Workers' Compensation Act 1951, as in force immediately before the commencement of the Workers Compensation Amendment Act 2001, s 2

  • ACT WC Regs: Workers' Compensation Regulations, as in force immediately before the commencement of the Workers Compensation Amendment Act 2001, s 2

  • NSW WIMWCA: Workplace Injury Management and Workers Compensation Act 1998 (NSW)

  • NSW WCA: Workers Compensation Act 1987 (NSW).

(3) Subregulation (2), this subregulation, and the material enclosed in brackets in regulation headings, expire 2 years after this regulation commences.

Part 2 Arbitration

4 What does pt 2 apply to?

This part applies to a matter that, under the Act, is to be decided by arbitration.

5 Commercial Arbitration Act does not apply to arbitrations (ACT WCA sch 4, cl 3)

The Commercial Arbitration Act 1986 does not apply to an arbitration under the Act.

6 Representative committee already in existence

(ACT WCA sch 4, cl 1)

(1) This regulation applies to a matter to be decided by arbitration if there is a committee (the committee ) that represents the employer and workers that has the power to decide a matter arising under the Act between the employer and workers.

(2) The matter must be decided by arbitration by the committee unless a party to the matter objects to that arbitration by written notice given to the other party before the committee meets to consider the matter.

(3) However, the committee may refer a matter it is required to arbitrate for arbitration by the Magistrates Court under this part if the committee considers it appropriate to do so.

7 When must Magistrates Court arbitrate a matter?

(ACT WCA sch 4, cl 2)

The Magistrates Court must decide a matter arising for arbitration under the Act if-

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