sec.5Civil liability excluded from Act

### sec.5 Civil liability excluded from Act This Act does not apply in relation to deciding liability or awards of damages for personal injury if the harm resulting from the breach of duty is or includes— an injury for which compensation is payable under the WorkCover Queensland Act 1996 , other than an injury to which section 36 (1) (c) or 37 of that Act applies; or A worker employed under a contract of service with a labour hire company is injured at the premises of a host employer while driving a defective machine. The worker pursues claims for damages for civil liability against the labour hire company, the host employer and the manufacturer of the machine. The worker suffers a number of injuries but only 1 of them is accepted as an injury under the WorkCover Queensland Act 1996 , section 34 . This Act does not apply to any of the claims for damages. an injury for which compensation is payable under the Workers’ Compensation and Rehabilitation Act 2003 , other than an injury to which section 34 (1) (c) or 35 of that Act applies; or an injury that is a dust-related condition; or an injury resulting from smoking or other use of tobacco products or exposure to tobacco smoke. For subsection (1) (a) or (b) , the following is immaterial— whether compensation for the injury is actually claimed under the relevant Workers’ Compensation Act; whether the entitlement to seek damages for the injury is regulated under that Act. Despite subsection (1) (c) and (d) , this Act applies for deciding awards of section 59A damages relating to an injury mentioned in subsection (1) (c) or (d) . To remove any doubt, it is declared that a breach of duty mentioned in subsection (1) includes a breach of duty giving rise to a dependency claim. In this section— compensation for injury, under a relevant Workers’ Compensation Act, includes payment of— reasonable expenses for medical treatment or attendance; and funeral expenses. relevant Workers’ Compensation Act means— for compensation, or an entitlement to seek damages, for an injury mentioned in subsection (1) (a) —the WorkCover Queensland Act 1996 ; or for compensation, or an entitlement to seek damages, for an injury mentioned in subsection (1) (b) —the Workers’ Compensation and Rehabilitation Act 2003 . s 5 amd 2004 No. 43 s 22 ; 2007 No. 14 s 8 (retro); 2010 No. 9 s 4 (sec.5-ssec.1) This Act does not apply in relation to deciding liability or awards of damages for personal injury if the harm resulting from the breach of duty is or includes— an injury for which compensation is payable under the WorkCover Queensland Act 1996 , other than an injury to which section 36 (1) (c) or 37 of that Act applies; or A worker employed under a contract of service with a labour hire company is injured at the premises of a host employer while driving a defective machine. The worker pursues claims for damages for civil liability against the labour hire company, the host employer and the manufacturer of the machine. The worker suffers a number of injuries but only 1 of them is accepted as an injury under the WorkCover Queensland Act 1996 , section 34 . This Act does not apply to any of the claims for damages. an injury for which compensation is payable under the Workers’ Compensation and Rehabilitation Act 2003 , other than an injury to which section 34 (1) (c) or 35 of that Act applies; or an injury that is a dust-related condition; or an injury resulting from smoking or other use of tobacco products or exposure to tobacco smoke. (sec.5-ssec.2) For subsection (1) (a) or (b) , the following is immaterial— whether compensation for the injury is actually claimed under the relevant Workers’ Compensation Act; whether the entitlement to seek damages for the injury is regulated under that Act. (sec.5-ssec.3) Despite subsection (1) (c) and (d) , this Act applies for deciding awards of section 59A damages relating to an injury mentioned in subsection (1) (c) or (d) . (sec.5-ssec.4) To remove any doubt, it is declared that a breach of duty mentioned in subsection (1) includes a breach of duty giving rise to a dependency claim. (sec.5-ssec.5) In this section— compensation for injury, under a relevant Workers’ Compensation Act, includes payment of— reasonable expenses for medical treatment or attendance; and funeral expenses. relevant Workers’ Compensation Act means— for compensation, or an entitlement to seek damages, for an injury mentioned in subsection (1) (a) —the WorkCover Queensland Act 1996 ; or for compensation, or an entitlement to seek damages, for an injury mentioned in subsection (1) (b) —the Workers’ Compensation and Rehabilitation Act 2003 . - (a) an injury for which compensation is payable under the WorkCover Queensland Act 1996 , other than an injury to which section 36 (1) (c) or 37 of that Act applies; or Example for paragraph (a) — A worker employed under a contract of service with a labour hire company is injured at the premises of a host employer while driving a defective machine. The worker pursues claims for damages for civil liability against the labour hire company, the host employer and the manufacturer of the machine. The worker suffers a number of injuries but only 1 of them is accepted as an injury under the WorkCover Queensland Act 1996 , section 34 . This Act does not apply to any of the claims for damages. - (b) an injury for which compensation is payable under the Workers’ Compensation and Rehabilitation Act 2003 , other than an injury to which section 34 (1) (c) or 35 of that Act applies; or - (c) an injury that is a dust-related condition; or - (d) an injury resulting from smoking or other use of tobacco products or exposure to tobacco smoke. - (a) whether compensation for the injury is actually claimed under the relevant Workers’ Compensation Act; - (b) whether the entitlement to seek damages for the injury is regulated under that Act. - (a) reasonable expenses for medical treatment or attendance; and - (b) funeral expenses. - (a) for compensation, or an entitlement to seek damages, for an injury mentioned in subsection (1) (a) —the WorkCover Queensland Act 1996 ; or - (b) for compensation, or an entitlement to seek damages, for an injury mentioned in subsection (1) (b) —the Workers’ Compensation and Rehabilitation Act 2003 .