Workers Compensation (Terrorism) Amendment Act 2009 (ACT)

The Workers Compensation (Terrorism) Amendment Act 2009 was enacted by the Legislative Assembly of the Australian Capital Territory to modify the Workers Compensation Act 1951. The Act was necessitated by the aftermath of the 11 September 2001 terrorist attacks, aiming to address issues arising from claims related to terrorism incidents. The dispute in this case involved the interpretation and application of the amended provisions, specifically concerning the date on which certain sections would take effect and the expiry of Chapter 15.

The court was required to determine the precise commencement dates for the amended sections and the effective expiry date of Chapter 15 of the Workers Compensation Act 1951. The primary legal issue was the interpretation of the statutory language used in the Workers Compensation (Terrorism) Amendment Act 2009, particularly regarding the substituted dates in the sections that were amended. The court had to resolve whether the substituted dates were to be read as effective from the dates specified in the Act or if there was an error in the statutory drafting.

The court examined the plain language of the statutory provisions and the legislative intent behind the amendments. It concluded that the substituted dates were indeed to be effective from the dates specified in the amending Act, despite the apparent discrepancy in the dates provided. The court held that the legislative intent was to adjust the effective dates forward, thereby resolving the issue of the correct commencement dates for the amended sections. The court also determined that Chapter 15 of the Workers Compensation Act 1951 would expire on 1 October 2012, as explicitly stated in the amending Act.

The final orders of the court confirmed the interpretation of the amended sections' commencement dates and the expiry date of Chapter 15. The court's decision provided clarity on the application of the Workers Compensation (Terrorism) Amendment Act 2009, ensuring that the intended legislative changes were properly implemented.