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 **Local Government Act 2020**; or (b) a regional library established under section 196 of the **Local Government Act 1989** as in force immediately before the commencement of section362 of the **Local Government Act 2020**; or (c) an Authority within the meaning of the **Water Act 1989** the members of which must include a Councillor of a Council within the meaning of the **Local Government Act 2020**; or (d) any other body corporate established or formed for local government purposes; ***MAV*** means the body corporate known as the Municipal Association of Victoria established under the **Municipal Association Act 1907**; ***participating corporation*** means a local government corporation participating in a scheme of self-insurance operated by the MAV as a self-insurer; ***relevant remuneration***, of an employer that is a body corporate, means the sum of the remuneration paid or payable by the employer and its eligible subsidiaries (if any) that would be rateable remuneration if the employer and those subsidiaries were required to pay premiums under Part 10; ***subsidiary*** has the same meaning as in the Corporations Act; ***wholly-owned subsidiary*** has the same meaning as in the Corporations Act.