sec.6Application of Act

### sec.6 Application of Act This Act applies in relation to all personal injury arising out of an incident whether happening before, on or after 18 June 2002. However, this Act does not apply to— personal injury within the meaning of the Motor Accident Insurance Act 1994 and in relation to which that Act applies; or accidental bodily injury caused by, through, or in connection with a motor vehicle, within the meaning of the Motor Vehicles Insurance Act 1936 , and in relation to which that Act applies; or injury within the meaning of the Workers’ Compensation and Rehabilitation Act 2003 and in relation to which that Act applies, but only to the extent that an entitlement to seek damages within the meaning of that Act for the injury is regulated by chapter 5 of that Act; or W, a worker employed by E, sustains an injury in the course of employment. The injury is caused by a design fault in a machine designed by X Company. If, as a result of sustaining the injury, W seeks damages against E, W must comply with the pre-court procedures under the Workers’ Compensation and Rehabilitation Act 2003 before starting a proceeding in a court for damages against E. This Act does not require W to comply with pre-court procedures under this Act in seeking damages against E. If, as a result of sustaining the injury, W seeks damages against X Company, W must comply with the pre-court procedures under this Act before starting a proceeding in a court for damages against X Company. injury within the meaning of the WorkCover Queensland Act 1996 and in relation to which that Act applies, but only to the extent that an entitlement to seek damages within the meaning of that Act for the injury is regulated by chapter 5 of that Act; or injury within the meaning of the Workers’ Compensation Act 1990 suffered on or after 1 January 1996 and in relation to which that Act applies, but only to the extent that an entitlement to seek damages within the meaning of that Act for the injury is regulated by part 11 of that Act; or injury within the meaning of the Workers’ Compensation Act 1990 suffered before 1 January 1996 and in relation to which that Act applies, but only to the extent that the injury suffered created, independently of that Act, a legal liability in the employer of the person suffering the injury for which the employer was indemnified under that Act in relation to the injury or required by that Act to be so indemnified; or injury within the meaning of the Workers’ Compensation Act 1916 and in relation to which that Act applies, but only to the extent that the injury suffered created, independently of that Act, a legal liability in the employer of the person to pay damages in relation to the injury. Also, this Act does not apply to— personal injury in relation to which a proceeding was started in a court, including in a court outside Queensland or Australia, before 18 June 2002; or personal injury that is a dust-related condition. In addition, sections 40 (2) and 56 do not apply to personal injury if the act causing the personal injury is an unlawful intentional act done with intent to cause personal injury or is unlawful sexual assault or other unlawful sexual misconduct. Further, this Act does not affect the seeking, or the recovery or award, of damages or financial assistance in relation to personal injury under any of the following— the Anti-Discrimination Act 1991 , section 209 (1) (b) ; the Civil Aviation (Carriers’ Liability) Act 1964 , including the applied provisions as defined under that Act; the Victims of Crime Assistance Act 2009 ; the repealed Criminal Offence Victims Act 1995 , as it continues to apply under the Victims of Crime Assistance Act 2009 , chapter 6 , part 2 ; the Criminal Code , repealed section 663D , as it continues to apply under the Victims of Crime Assistance Act 2009 , chapter 6 , part 2 . This section does not affect the general application of chapter 3 , part 1 or 2 . In subsection (4) — act includes omission. s 6 amd 2002 No. 38 s 4 (retro) sub 2002 No. 38 s 5 amd 2003 No. 16 s 80 ; 2003 No. 27 s 622 sch 5 ; 2005 No. 43 s 12 ; 2009 No. 35 s 215 (sec.6-ssec.1) This Act applies in relation to all personal injury arising out of an incident whether happening before, on or after 18 June 2002. (sec.6-ssec.2) However, this Act does not apply to— personal injury within the meaning of the Motor Accident Insurance Act 1994 and in relation to which that Act applies; or accidental bodily injury caused by, through, or in connection with a motor vehicle, within the meaning of the Motor Vehicles Insurance Act 1936 , and in relation to which that Act applies; or injury within the meaning of the Workers’ Compensation and Rehabilitation Act 2003 and in relation to which that Act applies, but only to the extent that an entitlement to seek damages within the meaning of that Act for the injury is regulated by chapter 5 of that Act; or W, a worker employed by E, sustains an injury in the course of employment. The injury is caused by a design fault in a machine designed by X Company. If, as a result of sustaining the injury, W seeks damages against E, W must comply with the pre-court procedures under the Workers’ Compensation and Rehabilitation Act 2003 before starting a proceeding in a court for damages against E. This Act does not require W to comply with pre-court procedures under this Act in seeking damages against E. If, as a result of sustaining the injury, W seeks damages against X Company, W must comply with the pre-court procedures under this Act before starting a proceeding in a court for damages against X Company. injury within the meaning of the WorkCover Queensland Act 1996 and in relation to which that Act applies, but only to the extent that an entitlement to seek damages within the meaning of that Act for the injury is regulated by chapter 5 of that Act; or injury within the meaning of the Workers’ Compensation Act 1990 suffered on or after 1 January 1996 and in relation to which that Act applies, but only to the extent that an entitlement to seek damages within the meaning of that Act for the injury is regulated by part 11 of that Act; or injury within the meaning of the Workers’ Compensation Act 1990 suffered before 1 January 1996 and in relation to which that Act applies, but only to the extent that the injury suffered created, independently of that Act, a legal liability in the employer of the person suffering the injury for which the employer was indemnified under that Act in relation to the injury or required by that Act to be so indemnified; or injury within the meaning of the Workers’ Compensation Act 1916 and in relation to which that Act applies, but only to the extent that the injury suffered created, independently of that Act, a legal liability in the employer of the person to pay damages in relation to the injury. (sec.6-ssec.3) Also, this Act does not apply to— personal injury in relation to which a proceeding was started in a court, including in a court outside Queensland or Australia, before 18 June 2002; or personal injury that is a dust-related condition. (sec.6-ssec.4) In addition, sections 40 (2) and 56 do not apply to personal injury if the act causing the personal injury is an unlawful intentional act done with intent to cause personal injury or is unlawful sexual assault or other unlawful sexual misconduct. (sec.6-ssec.5) Further, this Act does not affect the seeking, or the recovery or award, of damages or financial assistance in relation to personal injury under any of the following— the Anti-Discrimination Act 1991 , section 209 (1) (b) ; the Civil Aviation (Carriers’ Liability) Act 1964 , including the applied provisions as defined under that Act; the Victims of Crime Assistance Act 2009 ; the repealed Criminal Offence Victims Act 1995 , as it continues to apply under the Victims of Crime Assistance Act 2009 , chapter 6 , part 2 ; the Criminal Code , repealed section 663D , as it continues to apply under the Victims of Crime Assistance Act 2009 , chapter 6 , part 2 . (sec.6-ssec.6) This section does not affect the general application of chapter 3 , part 1 or 2 . (sec.6-ssec.7) In subsection (4) — act includes omission. - (a) personal injury within the meaning of the Motor Accident Insurance Act 1994 and in relation to which that Act applies; or - (b) accidental bodily injury caused by, through, or in connection with a motor vehicle, within the meaning of the Motor Vehicles Insurance Act 1936 , and in relation to which that Act applies; or - (c) injury within the meaning of the Workers’ Compensation and Rehabilitation Act 2003 and in relation to which that Act applies, but only to the extent that an entitlement to seek damages within the meaning of that Act for the injury is regulated by chapter 5 of that Act; or Example for paragraph (c) — W, a worker employed by E, sustains an injury in the course of employment. The injury is caused by a design fault in a machine designed by X Company. If, as a result of sustaining the injury, W seeks damages against E, W must comply with the pre-court procedures under the Workers’ Compensation and Rehabilitation Act 2003 before starting a proceeding in a court for damages against E. This Act does not require W to comply with pre-court procedures under this Act in seeking damages against E. If, as a result of sustaining the injury, W seeks damages against X Company, W must comply with the pre-court procedures under this Act before starting a proceeding in a court for damages against X Company. - (d) injury within the meaning of the WorkCover Queensland Act 1996 and in relation to which that Act applies, but only to the extent that an entitlement to seek damages within the meaning of that Act for the injury is regulated by chapter 5 of that Act; or - (e) injury within the meaning of the Workers’ Compensation Act 1990 suffered on or after 1 January 1996 and in relation to which that Act applies, but only to the extent that an entitlement to seek damages within the meaning of that Act for the injury is regulated by part 11 of that Act; or - (f) injury within the meaning of the Workers’ Compensation Act 1990 suffered before 1 January 1996 and in relation to which that Act applies, but only to the extent that the injury suffered created, independently of that Act, a legal liability in the employer of the person suffering the injury for which the employer was indemnified under that Act in relation to the injury or required by that Act to be so indemnified; or - (g) injury within the meaning of the Workers’ Compensation Act 1916 and in relation to which that Act applies, but only to the extent that the injury suffered created, independently of that Act, a legal liability in the employer of the person to pay damages in relation to the injury. - (a) personal injury in relation to which a proceeding was started in a court, including in a court outside Queensland or Australia, before 18 June 2002; or - (b) personal injury that is a dust-related condition. - (a) the Anti-Discrimination Act 1991 , section 209 (1) (b) ; - (b) the Civil Aviation (Carriers’ Liability) Act 1964 , including the applied provisions as defined under that Act; - (c) the Victims of Crime Assistance Act 2009 ; - (d) the repealed Criminal Offence Victims Act 1995 , as it continues to apply under the Victims of Crime Assistance Act 2009 , chapter 6 , part 2 ; - (e) the Criminal Code , repealed section 663D , as it continues to apply under the Victims of Crime Assistance Act 2009 , chapter 6 , part 2 .