138AEApplicable substantive law for work injury claims

### 138AE Applicable substantive law for work injury claims > [*\[Section 138AE of Part X Inserted by No. 65 of 2004, s. 32, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS32@EN) > > > (1)  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 – > > > > > > (a) whether or not a claim for damages in respect of the injury can be made; and > > > > > > > (b) if it can be made, the determination of the claim. > > > (2)  This Division does not apply if compensation is payable in respect of the injury under the statutory workers compensation scheme of more than one State. > > > (3)  For the purposes of this section, compensation is considered to be payable under a statutory workers compensation scheme of a State in respect of an injury if compensation in respect of it – > > > > > > (a) would have been payable but for a provision of the scheme that excludes the worker's right to compensation because the injury is attributable to any conduct or failure of the worker that is specified in that provision; or > > > > > > > (b) would have been payable if a claim for that compensation had been duly made, and (where applicable) an election to claim that compensation (instead of damages) had been duly made. > > > (4)  A reference in this section to compensation payable in respect of an injury does not include a reference to compensation payable on the basis of the provisional acceptance of liability.