New South Wales v Bahmad

The New South Wales Court of Appeal considered the dispute between the State of New South Wales and Mr Bahmad concerning the application of transitional provisions within the *Workers Compensation Act 1987* (NSW).

The central legal issue before the Court was whether the *Workers Compensation Legislation Further Amendment Act 2001* (NSW) operated retrospectively to affect Mr Bahmad's entitlement to weekly compensation payments, notwithstanding the commencement date of the amending legislation. The Court also had to determine whether the amending Act evinced a "contrary intention" for the purposes of s 68 of the *Interpretation Act 1987* (NSW), which generally presumes against retrospective operation of legislation.

The Court reasoned that the transitional provisions of the *Workers Compensation Legislation Further Amendment Act 2001* were not intended to extinguish or diminish existing statutory entitlements to compensation that had accrued prior to the commencement of the amending Act. It applied established principles of statutory interpretation, including the presumption against retrospective operation and the need to give effect to the clear language of transitional provisions, to conclude that Mr Bahmad's entitlement remained unaffected.

The Court allowed the appeal.