319The applicable substantive law for work injury damages claims

319 The applicable substantive law for work injury damages claims (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. (5) In this Division, ***State*** includes Territory.