(1) This Part does not apply to the following claims for damages—
(a) a claim to which Part 3, 6 or 10 of the Transport Accident Act 1986 applies;
S. 45(1)(b) amended by No. 67/2013 s. 649(Sch. 9 item 36(11)).
(b) a claim to which Part IV of the Accident Compensation Act 1985 or Part 5 of the Workplace Injury Rehabilitation and Compensation Act 2013 applies;
(c) a claim in respect of an injury which entitles, or may entitle, a worker, or a dependant of a worker, within the meaning of the Workers Compensation Act 1958 to compensation under that Act;
(d) a claim in respect of an injury which entitles, or may entitle, a person or a dependant of a person to compensation under any of the following—
(i) Part V of the Country Fire Authority Act 1958 or the regulations made under that Act;
S. 45(1)(d)(ii) substituted by No. 51/2005 s. 58(13).
(ii) Part 4 of the Victoria State Emergency Service Act 2005 ;
(iii) Part 6 of the Emergency Management Act 1986 ;
(iv) the Police Assistance Compensation Act 1968 ;
(v) Part 8 of the Juries Act 2000 or Part VII of the Juries Act 1967 ;
S. 45(1)(d)(vi) amended by No. 24/2006 s. 6.1.2(Sch. 7 item 49).
(vi) Part 5.6 of the Education and Training Reform Act 2006 ;
(e) subject to subsection (2), a claim for damages in respect of an injury that is a dust‑related condition within the meaning of the Administration and Probate Act 1958 ; or
(f) subject to subsection (2), a claim for damages in respect of an injury resulting from smoking or other use of tobacco products, within the meaning of the Tobacco Act 1987 , or exposure to tobacco smoke.
(2) A claim for damages referred to in subsection (1)(e) or (1)(f) does not include a claim for damages that relates to the provision of or the failure to provide a health service.
(3) This Part does not apply to claims in proceedings of a class that is excluded by the regulations from the operation of this Part.
S. 46 inserted by No. 102/2003 s. 3.