Meaning of “substantive law”
In this Division— a State’s legislation about damages for a work related injury means— (a) for this State—Part 5 of this Act and Chapter 7 of the 1998 Act, and any other provision of this Act or the 1998 Act providing for the interpretation of anything in that Part or Chapter, and (b) for any other State—any provisions of a law of the State that is declared by the regulations to be the State’s legislation about damages for a work related injury. substantive law includes— (a) a law that establishes, modifies, or extinguishes a cause of action or a defence to a cause of action, and (b) a law prescribing the time within which an action must be brought (including a law providing for the extension or abridgment of that time), and (c) a law that provides for the limitation or exclusion of liability or the barring of a right of action if a proceeding on, or arbitration of, a claim is not commenced within a particular time limit, and (d) a law that limits the kinds of injury, loss or damage for which damages or compensation may be recovered, and (e) a law that precludes the recovery of damages or compensation or limits the amount of damages or compensation that can be recovered, and (f) a law expressed as a presumption, or rule of evidence, that affects substantive rights, and (g) a provision of a State’s legislation about damages for a work related injury, whether or not it would be otherwise regarded as procedural in nature, but does not include a law prescribing rules for choice of law.
Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.
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