115Choice of law

115 Choice of law

(1)  In this section –

a State's legislation about damages for a work-related injury means –

(a) for this State, this section and any other provision of this Act providing for the interpretation of anything in this section; and

(b) for any other State, any provisions of a law of that State that is declared by the regulations to be the State's legislation about damages for a work-related injury;

injury includes anything that is within the scope of a corresponding term in the statutory workers compensation scheme of another State and that consists of an asbestos-related disease;

substantive law includes –

(a) a law that establishes, modifies or extinguishes a cause of action or a defence to a cause of action; and

(b) a law prescribing the time within which an action must be brought (including a law providing for the extension or abridgment of that time); and

(c) a law that provides for the limitation or exclusion of liability or the barring of a right of action if a proceeding on, or arbitration of, a claim is not commenced within a particular time limit; and

(d) a law that limits the kinds of injury, loss or damage for which damages or compensation may be recovered; and

(e) a law that precludes the recovery of damages or compensation or limits the amount of damages or compensation that can be recovered; and

(f) a law expressed as a presumption, or rule of evidence, that affects substantive rights; and

(g) a provision of a State's legislation about damages for a work-related injury, whether or not it would be otherwise regarded as procedural in nature –

but does not include a law prescribing rules for choice of law.

(2)  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 –