Part 10
Provisions relating to transition from competitive provision of workplace accident insurance
Savings in respect of accident insurance contracts and injuries to which contracts apply
342Savings in respect of accident insurance contracts and injuries to which contracts apply under 1998 Act
The 1998 Act continues to apply, despite its repeal and with any necessary modifications, for the purposes of this Part in respect of—
- any personal injury to which an accident insurance contract applies; and
- any accident insurance contract; and
- any obligations of an insurer in relation to work-related gradual process, disease, or infection, or to subsequent injuries.
In particular, without limitation,—
- the 1998 Act continues to apply in respect of any personal injury suffered on or after 1 July 1999 and before 1 July 2000; and
- Parts 2 to 6, Part 12, and Schedules 1 to 4 of the 1998 Act continue to apply, with necessary modifications, to determine what personal injury is covered, how to make claims, what the entitlements are, and how to resolve disputes about claims; and
- all relevant and necessary terms of the accident insurance contract continue to have effect (whether those terms are express or are implied by the 1998 Act); and
- all relevant and necessary terms of any risk sharing agreement continue to have effect.