Victorian Current Acts Victorian Current Acts(1) Subject to subsection (3) where any award in favour of a person or persons for whose benefit an action for damages is permitted to be brought under Part III of the Wrongs Act 1958 has been made under this Act in respect of the death of a worker, any judgment, order for damages, settlement or compromise made or entered in respect of the death of a worker in an action for damages under Part III of the Wrongs Act 1958 shall be reduced by the amount of the award under this Act.
(2) Subject to subsection (3) where a judgment, order for damages, settlement or compromise has been made or entered in an action for damages under Part III of the Wrongs Act 1958 , any award under this Act in favour of any person or persons for whose benefit the action for damages under Part III of the Wrongs Act 1958 is permitted to be brought, in respect of the worker's death shall be reduced by—
(a) the amount mentioned in clause 1(a)(i) under the heading ''The Clauses Referred To'' in section 9 or that amount as increased or decreased in accordance with the provisions of section 9(3); or
(b) the amount of the judgment, order, settlement or compromise—
whichever is the lesser.
(3) Subsections (1) and (2) do not apply to or in relation to the death of a worker which occurred before 1 December 1979.
Pt 3 Div. 5 (Heading) repealed by No. 9683 s. 5. [10]
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Pt 3 Div. 6 (Heading) amended by No. 8727 s. 3(1), substituted by No. 10191 s. 264(1).
Division 6—Liability of insurer
S. 64 re‑numbered as s. 71 by No. 9683 s. 6, repealed by No. 10191 s. 264(2).
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Ss 65–71 amended by Nos 6803 ss 2, 3, 6986 s. 5, 7063 s. 3, 7152 s. 2(2), 7228 s. 7(Sch. 4 Pt 47), repealed by No. 8727 s. 3(1).
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S. 71A inserted by No. 10100 s. 11.