{"id":"sr:wrongs-part-vb-dust-and-tobacco-related-claims-regulations-2016","name":"Wrongs (Part VB) (Dust and Tobacco-Related Claims) Regulations 2016","slug":"wrongs-part-vb-dust-and-tobacco-related-claims-regulations-2016","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185754,"registerId":"vic-sr:wrongs-part-vb-dust-and-tobacco-related-claims-regulations-2016-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Wrongs (Part VB) (Dust and Tobacco-Related Claims) Regulations 2016","content":"Version No. 001\n\n**Wrongs (Part VB) (Dust and Tobacco-Related Claims) Regulations 2016**\n\n**S.R. No. 37/2016**\n\nVersion as at  \n3 May 2016\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Classes of awards of damages excluded from Part VB 1\n\n═══════════════\n\nEndnotes 3\n\n1 General information 3\n\n2 Table of Amendments 5\n\n3 Amendments Not in Operation 6\n\n4 Explanatory details 7\n\n**Version No.** **001**\n\n**Wrongs (Part VB) (Dust and Tobacco-Related Claims) Regulations 2016**\n\n**S.R. No. 37/2016**\n\nVersion as at  \n3 May 2016\n\n\t1 Objective\n\nThe objective of these Regulations is to exclude awards of damages for dust and tobacco-related diseases from the operation of Part VB of the **Wrongs Act 1958**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 28K of the **Wrongs Act 1958**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 3 May 2016.\n\n\t4 Revocation\n\nThe Wrongs (Part VB) (Dust and Tobacco-Related Claims) Regulations 2006[[1]](#endnote-1) are **revoked**.\n\n\t5 Classes of awards of damages excluded from Part VB\n\n(1) The following classes of awards of damages are excluded from the operation of Part VB of the **Wrongs Act 1958** to the extent that they are not already excluded—\n\n(a) an award of damages in respect of an injury that is a dust-related condition within the meaning of the **Administration and Probate Act 1958**;\n\n(b) an award of 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.\n\n(2) Despite subregulation (1), these Regulations do not affect the operation of section 28ID(1) of the **Wrongs Act 1958** in relation to an award of damages in respect of an injury of a kind referred to in subregulation (1).\n\n═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Wrongs (Part VB) (Dust and Tobacco-Related Claims) Regulations 2016, S.R. No. 37/2016 were made on 3 May 2016 by the Governor in Council under section 28K of the **Wrongs Act 1958**, No. 6420/1958 and came into operation on 3 May 2016: regulation 3.\n\nThe Wrongs (Part VB) (Dust and Tobacco-Related Claims) Regulations 2016 will sunset 10 years after the day of making on 3 May 2026 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Wrongs (Part VB) (Dust and Tobacco-Related Claims) Regulations 2016 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Reg. 4: S.R. No. 47/2006. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument restates and records exclusions of dust- and tobacco-related awards from Part VB and revokes the 2006 Regulations. It does not add other classes beyond those two categories and explicitly preserves s.28ID(1)'s operation (reg 5 and reg 5(2)); no amendments to expand scope appear in the instrument or endnotes."},"complexity_factors":["Short, narrowly focused instrument with a single regulatory effect (exclusion of certain awards).","Multiple statutory cross-references: Part VB and ss.28K and 28ID(1) of the Wrongs Act 1958; definitions drawn from the Administration and Probate Act 1958 and the Tobacco Act 1987 (reg 5).","Revocation of prior regulations (S.R. No. 47/2006) — requires checking predecessor for any substantive differences (reg 4; endnote).","Sunset clause in subordinate legislation regime (10-year sunsetting noted in endnotes) affects longevity and review.","Subregulation (2) preserves operation of s.28ID(1) — a partial exception that users must account for (reg 5(2))."],"plain_english_summary":"**What this does:** These Regulations remove awards of damages for dust-related conditions and for injuries from smoking or tobacco exposure from the operation of Part VB of the Wrongs Act 1958 (reg 5). They commence on 3 May 2016, revoke the 2006 Regulations and are made under s.28K of the Wrongs Act (regs 2–4). The change affects claimants and defendants in dust- and tobacco-related cases by taking those awards out of Part VB processes and remedies."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose. It is a straightforward remaking of the 2006 regulations with identical substantive effect – excluding dust and tobacco claims from damages caps. The 2016 version simply revokes and replaces the sunsetting 2006 regulations without expanding the scope or adding new categories of excluded claims."},"complexity_factors":["Extremely short – only 5 regulations spanning 2 pages of substantive content","Only 2 defined terms incorporated by reference from other Acts (dust-related condition, tobacco products)","Single operative provision (regulation 5) with straightforward exclusionary language","No nested exceptions or complex conditional logic – just a simple carve-out with one preservation clause","No cross-referencing maze – only references to specific sections of the Wrongs Act 1958 and definitions in other Acts","Legislative structure is linear and declarative rather than procedural"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations carve out two specific types of personal injury claims from a Victorian law that normally limits how much compensation (damages) people can receive for pain and suffering.\n\n**The two types of claims excluded are:**\n\n*   **Dust-related diseases** – such as asbestosis, mesothelioma, or silicosis (serious lung conditions caused by inhaling harmful dust, often in workplaces like construction or mining)\n*   **Tobacco-related injuries** – harm caused by smoking, using other tobacco products, or being exposed to second-hand smoke\n\n**Why this matters:**\n\nNormally, **Part VB of the Wrongs Act 1958** puts a cap (maximum limit) on \"non-economic loss\" damages – compensation for pain, suffering, and loss of enjoyment of life. These regulations say that **for dust and tobacco claims, that cap does not apply**. This means people with these specific serious conditions can potentially receive higher compensation than other injury victims.\n\n**Who it affects:**\n\n*   People diagnosed with dust-related diseases (often former workers exposed to asbestos or silica)\n*   People with smoking-related illnesses\n*   Lawyers handling these specific compensation claims\n*   Insurers and employers who may face higher payouts for these claims\n\n**One important exception:**\n\nThe regulations preserve one specific rule (section 28ID(1)) that still applies to these claims – this relates to how damages are calculated when someone dies before their case finishes, ensuring their estate can still recover certain losses."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available text, the regulations appear to remain focused on their original narrow purpose: providing procedural and substantive rules for dust and tobacco-related personal injury claims under Part VB of the Wrongs Act 1958. No scope expansion or contraction is evident from the metadata provided, though the truncated nature of the source text limits confidence in this assessment."},"complexity_factors":["Operates as subordinate legislation beneath the Wrongs Act 1958, requiring understanding of the parent Act to interpret the regulations properly","Deals with medically complex disease categories (dust diseases and tobacco-related illnesses) where causation is scientifically contested","Intersects with personal injury law, occupational health law, and insurance law simultaneously","The source text provided is severely truncated — full complexity cannot be assessed from the available content, which appears to be mostly metadata rather than substantive provisions","Historical and versioning elements suggest amendments over time, adding interpretive layers"],"plain_english_summary":"These regulations sit under the Wrongs Act 1958 and set the procedural and compensation rules for claims arising from dust diseases (like asbestosis or mesothelioma) and tobacco-related illnesses. \n\nThey affect sufferers, their families, employers, insurers and lawyers by prescribing how and when claims are made and assessed — important because these diseases often appear decades after exposure, involve complex causation and may leave claimants very ill."}},"importantCases":[],"_links":{"self":"/api/acts/wrongs-part-vb-dust-and-tobacco-related-claims-regulations-2016","history":"/api/acts/wrongs-part-vb-dust-and-tobacco-related-claims-regulations-2016/history","analysis":"/api/acts/wrongs-part-vb-dust-and-tobacco-related-claims-regulations-2016/analysis","conflicts":"/api/acts/wrongs-part-vb-dust-and-tobacco-related-claims-regulations-2016/conflicts","importantCases":"/api/acts/wrongs-part-vb-dust-and-tobacco-related-claims-regulations-2016/important-cases","documents":"/api/acts/wrongs-part-vb-dust-and-tobacco-related-claims-regulations-2016/documents"}}