371Compensation for pain and suffering

371 Compensation for pain and suffering

(1) Despite anything to the contrary in Subdivision (1) of Division 2 of Part 4 of the Sentencing Act 1991, a court must not exercise the powers conferred by that Subdivision to make a compensation order within the meaning of that Subdivision if the compensation would be for—

(a) a matter arising from discriminatory conduct that constitutes an offence against section 575; or

(b) a matter—

(i) arising from an injury or death in respect of which it appears to the court that the person has an entitlement to any compensation under this Act; and

(ii) arising from an event that constitutes an offence only against the Dangerous Goods Act 1985, the Occupational Health and Safety Act 2004 or the Equipment (Public Safety) Act 1994 or any regulations made under any of those Acts.

(2) For the purposes of subsection (1)(b)(i), a person is not to be regarded as having an entitlement to any compensation under this Act if the entitlement would arise only under any or all of sections 224(1)(b) and (c) and 237 (only by virtue of subsection (3)).

Part 8—Self-insurers

Division 1—General

372 Definitions

eligible subsidiary means—

(a) in relation to a self-insurer that is the MAV, a participating corporation; and

(b) in relation to any other self-insurer or body corporate, a wholly owned subsidiary;

Under section 409, if a body corporate that is an eligible subsidiary of a self-insurer becomes a non-WorkCover employer, for the purposes of this Part, the body corporate is taken not to be an eligible subsidiary of the self-insurer for the period that it is a non-WorkCover employer.

employer means an employer within the meaning of section 3 and includes a holding company which does not itself employ any workers but an eligible subsidiary of which does;

holding company means—

(a) in relation to a participating corporation, the MAV; and

(b) in relation to any other body corporate, the body corporate of which the first-mentioned body corporate is an eligible subsidiary;

S. 372 def. of local government corporation substituted by No. 9/2020 s. 390(Sch. 1 item 113.2).

local government corporation means—

(a) a Council within the meaning of the ; or