Victorian Current Acts

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ACCIDENT COMPENSATION ACT 1985 - SECT 134AA

Actions for damages

A worker who is or the dependants of a worker who are or may be entitled to compensation in respect of an injury arising out of or in the course of, or due to the nature of, employment on or after 20 October 1999 but before 1 July 2014 shall not, in proceedings in respect of the injury, recover any damages in respect of pecuniary loss except—

        (a)     in proceedings in respect of an injury or death arising out of a transport accident within the meaning of the Transport Accident Act 1986 on or after 20 October 1999—

              (i)     otherwise than under Part III of the Wrongs Act 1958 , against the employer or any other person, subject to and in accordance with the Transport Accident Act 1986 ; or

              (ii)     under Part III of the Wrongs Act 1958 against the employer or the employer and any other person, subject to and in accordance with the Transport Accident Act 1986 ; or

              (iii)     under Part III of the Wrongs Act 1958 against a person other than the employer, subject to and in accordance with the Transport Accident Act 1986 ; or

        (b)     in proceedings to which the employer is not a party where, by reason of section 83(1), the injury is deemed to have arisen out of or in the course of employment, if the worker's place of employment is a fixed place of employment and the injury did not occur while the worker was present at that fixed place of employment.

S. 134AB inserted by No. 26/2000 s. 18.



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