Subdivision 2 Exercise of residual jurisdiction

142I   Powers of Court when exercising residual jurisdiction

For the purposes of exercising its residual jurisdiction, the District Court has the same powers, authorities, duties and functions as the Compensation Court had under the Compensation Court Act 1984 immediately before 1 January 2004. The powers conferred by this section are not limited by any other provisions of this Division.

142J   Decisions of Court when exercising residual jurisdiction

(1)  The following apply in the exercise of the Court’s residual jurisdiction:

(a)  a decision of the Court in any matter is to be on the real merits and justice of the case,

(b)  the Court is not bound to follow strict legal precedent,

(c)  subject to Subdivision 3:

(i)  a decision or proceeding of the Court is not vitiated by reason of any informality or want of form, and

(ii)  a decision or proceeding of the Court is not liable to be appealed against, reviewed, quashed or called in question by any court, and

(iii)  no proceedings, whether for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, lie in respect of any decision or proceeding of the Court relating to, or on the face of the proceedings appearing to relate to, any matter within its residual jurisdiction, and

(iv)  the validity of any decision or proceeding of the Court cannot be challenged in any manner.

(2)  Nothing in subsection (1) prevents the Court from reconsidering any matter that has been dealt with by it in its residual jurisdiction (or had been dealt with by the Compensation Court), or from rescinding, altering or amending any decision previously made or given by the Court in the exercise of that jurisdiction (or by the Compensation Court), all of which the Court has authority to do.

(3)  In this section, decision includes award, order, determination, ruling and direction.

142K   Costs under other Acts

Section 112 of the Workplace Injury Management and Workers Compensation Act 1998 extends to any proceedings in the residual jurisdiction of the Court (not just proceedings under that Act), and in its application to proceedings under any other Act, is not limited by section 111A (Costs provisions apply only to existing claim matters) of that Act.

142L   Special provision for evidence of exposure to noise

Historical evidence and general medical or other expert evidence concerning exposure of workers to noise in employment with particular employers or in employment of a particular class, that has been admitted in any proceedings before the Compensation Court or before the Court in its exercise of its residual jurisdiction, may, with the leave of the Court, be received as evidence in any other proceedings before the Court in its exercise of that jurisdiction, whether or not the proceedings are between the same parties.