49Action for damages not to lie against Commonwealth etc. in certain cases

49  Action for damages not to lie against Commonwealth etc. in certain cases

 (1) Subject to section 50, an action or other proceeding for damages does not lie against the Commonwealth or a covered person in respect of:

 (a) an injury sustained by a covered person in the course of his or her covered activities, if the injury is an injury in respect of which the Commonwealth would, but for this subsection, be liable (whether vicariously or otherwise) for damages; or

 (b) the loss of, or damage to, property used by a covered person resulting from such an injury;

if that injury, loss or damage occurred after the commencement of this section.

 (2) If:

 (a) a covered person has suffered an injury in the course of his or her covered activities; and

 (b) that injury results in that covered person’s death;

subsection (1) does not prevent a dependant of that covered person bringing an action against the Commonwealth or another covered person in respect of the death of the deceased covered person.

 (3) Subsection (2) applies whether or not the deceased covered person, before his or her death, had made an election under subsection 50(1).