85Entitlement to damages outside Victoria

85 Entitlement to damages outside Victoria

S. 85(1) amended by Nos 83/1987
s. 37(3), 95/2003 s. 19(2)(a)(b).

(1) This section shall apply where an injury is caused to or suffered by a worker which gives the worker a right of action under the law of any place outside Victoria (whether within or outside Australia) in circumstances which would otherwise have entitled the worker or the worker's dependants to compensation under this Act.

S. 85(2) amended by No. 95/2003 s. 19(3)(c)(d).

(2) Subject to subsection (3), if—

S. 85(2)(a) amended by No. 95/2003 s. 19(3)(a).

(a) damages has not been paid or recovered; and

S. 85(2)(b) amended by No. 95/2003 s. 19(3)(b).

(b) judgment for damages has not been given or entered—

in respect of the injury under the law of any place outside Victoria (whether within or outside Australia), the worker or in the case of the death of the worker the worker's dependants shall be entitled to compensation under this Act as if there were no right of action under the law of any place outside Victoria.

S. 85(3) amended by No. 95/2003 s. 19(4)(a)(b).

(3) A person who has a right of action in respect of an injury under the law of any place outside Victoria (whether within or outside Australia) shall not be entitled to claim compensation in respect of the injury under this Act if in respect of the injury under the law of any place outside Victoria—

S. 85(3)(a) amended by No. 95/2003 s. 19(4)(c).

(a) the person has been paid or recovered any amount of damages;

S. 85(3)(b) substituted by No. 95/2003 s. 19(4)(d).

(b) judgment for damages has been given or entered;

(c) any payment into court has been accepted;

(d) there has been a settlement or compromise of any claim; or

S. 85(3)(e) amended by No. 95/2003 s. 19(4)(e).

(e) any action for damages is pending.

S. 85(4) amended by No. 95/2003 s. 19(5)(c).

S. 85(4)(a) amended by No. 95/2003 s. 19(5)(a).

(a) damages has been paid or recovered; or

S. 85(4)(b) amended by No. 95/2003 s. 19(5)(b).

(b) judgment for damages has been given or entered—

in respect of the injury under the law of any place outside Victoria (whether within or outside Australia) the worker or in the case of the death of the worker the worker's dependants shall not be entitled to compensation under this Act.

S. 85(5) amended by No. 95/2003 s. 19(6).

(5) The worker or in the case of the death of the worker the worker's dependants shall not be entitled to compensation under this Act if a payment into court has been accepted by the worker or the worker's dependants in proceedings or a settlement or compromise of a claim has been made in respect of the injury under the law of any place outside Victoria (whether within or outside Australia).