(1) If there is an
entitlement to compensation under the statutory workers’ compensation
scheme of a State in respect of an injury to a worker (whether or not
compensation has been paid), the substantive law of that State is the
substantive law that governs —
(a)
whether or not a claim for damages in respect of the injury can be made; and
(b) if
it can be made, the determination of the claim.
(2) This Division does
not apply if compensation is payable in respect of the injury under the
statutory workers’ compensation scheme of more than one State.
(3) For the purposes
of this section, compensation is considered to be payable under a statutory
workers’ compensation scheme of a State in respect of an injury if
compensation in respect of it —
(a)
would have been payable but for a provision of the scheme that excludes the
worker’s right to compensation because the injury is attributable to any
conduct or failure of the worker that is specified in that provision; or
(b)
would have been payable if a claim for that compensation had been duly made,
and (where applicable) an election to claim that compensation (instead of
damages) had been duly made.
(4) A reference in
this section to compensation payable in respect of an injury does not include
a reference to compensation payable on the basis of the provisional acceptance
of liability.
[Section 93AA inserted: No. 36 of 2004 s. 10;
amended: No. 36 of 2004 s. 16 and 17(4).]