Victorian Current Acts

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EMERGENCY MANAGEMENT ACT 1986 - SECT 34

Entitlement where damages otherwise payable

    (1)     A person is not entitled to recover, in respect of personal injury or loss of or damage to property, both compensation under this Part and damages and if a person so recovers both compensation and damages the amount of the compensation may be recovered from the person by the Minister in a Court of competent jurisdiction as a debt due by that person to the Crown.

S. 34(2) amended by Nos 75/1986 s. 12(1), 97/1994 s. 16.

    (2)     If compensation has been paid under this Part and the personal injury, loss or damage in respect of which it was paid was caused under circumstances creating a liability in some person other than the volunteer emergency worker to pay damages in respect thereof, the Minister may take proceedings against that person in a Court of competent jurisdiction to recover—

        (a)     the amount of compensation; or

        (b)     the amount of the damages—

whichever is less.

S. 35 amended by No. 50/1994 s. 126(3).



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