Compensation Court Act 1984 Rule amending Compensation Court Rules 1990 (1991-669) [GG No 180 of 20.12.1991] (NSW)

1991—No. 669

COMPENSATION COURT ACT 1984—RULE

NEW SOUTH WALES

[Published in Gazette No. 180 of 20 December 1991]

1.  This Rule was made by the Rule Committee on 10th October

1991.

2. The Compensation Court Rules 1990 are amended by omitting

Part 5 rule 5 and by inserting instead the following rule:

Applications under Police Regulation (Superannuation) Act 1906

1906

5. (1) In this rule, “proceedings under the Act” means an application for a determination under section 21 (1) of the Police Regulation (Superannuation) Act 1906.

(2) The application for determination to commence proceedings

under the Act shall contain particulars of the orders sought.

(3) In proceedings under the Act in relation to a decision of:

(a) the State Authorities Superannuation Boad—that Board;

or

(b) the Commissioner of Police—that Commissioner,

shall be a respondent to the proceedings.

(4) Notwithstanding Part 11 rule 3, in proceedings under the Act any answer filed under that rule shall contain a statement as to whether the respondent consents to the orders sought (or any of them), and any grounds on which the respondent opposes the
making of any of the orders sought.

(5) Part 12 rules 1–4 do not apply to proceedings under the Act.
(6) In proceedings under the Act, the registrar shall:

where an answer is filed, after the expiry of 21 days after

the filing of the answer; or

1991—No. 669

(b) where no answer is filed, after the expiry of 21 days after

the last day for filing the answer,

list the proceedings before a Judge for a directions hearing.

(7) On a directions hearing the Judge may make orders concerning the conduct of the proceedings, which may include orders fixing a hearing date and orders requiring the respondent to furnish a report of the reasons for the decision in relation to which the proceedings are brought.

T. J. DOUBLEDAY

Secretary

Rule Committee

Compensation Court of New

South Wales