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Workers' Compensation and Rehabilitation Act 2003
sec.306AProvisions not to apply to particular injuries
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### sec.306A Provisions not to apply to particular injuries
The provisions of this part other than division 2 , division 3 , subdivision 1 and division 4 do not apply in relation to deciding awards of damages for injury if the injury resulting from the breach of duty is or includes—
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.
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.
s 306A ins 2010 No. 24 s 21
(sec.306A-ssec.1) The provisions of this part other than division 2 , division 3 , subdivision 1 and division 4 do not apply in relation to deciding awards of damages for injury if the injury resulting from the breach of duty is or includes— 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.306A-ssec.2) 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.
- (a) an injury that is a dust-related condition; or
- (b) an injury resulting from smoking or other use of tobacco products or exposure to tobacco smoke.