In force2020 Revised Edition

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Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 8 · Miscellaneous

83. Repeal and saving and transitional provisions

(1)

Despite its repeal, the repealed Act continues to apply, as if this Act had not been enacted, to any personal injury caused by an accident to an employee, or disease contracted by an employee, if the date of the accident for that personal injury or disease is before 1 September 2020.

(2)

Where, immediately before 1 September 2020, an employer is insured under an approved policy mentioned in section 23 of the repealed Act (called in this subsection the existing policy) —

(a)

subject to paragraph (c)(ii), Part 3 does not apply to that employer, the existing policy and the insurer in respect of that existing policy until the earlier of the following:

(i)

the existing policy expires or is due for renewal; (ii)one year after 1 September 2020;

(b)

section 23 of the repealed Act and the Work Injury Compensation Insurance Regulations (Cap. 354, Rg 3) as in force before 1 September 2020 continue to apply to that employer, the existing policy and the insurer in respect of that existing policy until the earlier of the following:

(i)

the existing policy in question has expired or is due for renewal; (ii)one year after 1 September 2020; and

(c)

if an accident occurs on or after 1 September 2020 for which the employer may be liable —

(i)

a claim for compensation in respect of any injury resulting from that accident is to be processed by the Commissioner under section 36(2); and

(ii)

the references to the employer’s insurer in sections 3(3), 16, 17, 18, 19, 21, 27, 35, 40, 43, 48, 49, 50(1)(b), 51, 52, 54, 58, 63 and 82 apply as if they include references to that insurer of the existing policy.

(3)

For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient.

(4)

Nothing in this section affects section 16 of the Interpretation Act 1965.[84

Terms defined in this Act

approved policy
Defined · s 2
“approved policy” means a policy of insurance, issued or renewed on or after 1 September 2020, that complies with section 26(1);
Open s 2
claim
Defined · s 2
“claim” means a claim for compensation under this Act and includes a deemed claim under section 35;
Open s 2
Commissioner
Defined · s 2
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968;
Open s 2
employee
Defined · s 3
“employee” means an individual who has entered into or works under a contract of service with an employer and —(a)includes every employee of the Government in a class or description declared by the President to be employees for the purposes of this Act; but(b)does not include any class of individuals specified in the Third Schedule;
Open s 3
employer
Defined · s 3
“employer” means any person (A) who employs an individual (B) under a contract of service and includes —(a)the Government, if B belongs to a class or description of employees of the Government declared to be employees for the purposes of this Act under paragraph (a) of the definition of “employee”;(b)the legal personal representative of A, if A is deceased;(c)a duly authorised agent or manager of A;(d)the person who owns or is carrying on, or for the time being is responsible for the management of, the profession, business, trade or work in which B is engaged; and(e)where B is employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of that club.
Open s 3
injury
Defined · s 2
“injury” or “personal injury” includes an occupational disease or a disease mentioned in section 10(1)(c);
Open s 2
personal injury
Defined · s 2
“injury” or “personal injury” includes an occupational disease or a disease mentioned in section 10(1)(c);
Open s 2
repealed Act
Defined · s 2
“repealed Act” means the Work Injury Compensation Act repealed by this Act;
Open s 2
work injury
Defined · s 2
“work injury”, in relation to an individual, means personal injury that is caused to the individual by an accident arising out of and in the course of the individual’s employment;
Open s 2

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