6Claims for compensation

6 Claims for compensation (1) On and after 1 July 2014, a claim for compensation under this Act or under the **Accident Compensation Act 1985** (other than a claim for compensation for maims or pain and suffering under section 98 or 98A of that Act) is to be given, served or lodged in accordance with Divisions 1 and 2 of Part 2 of this Act, unless specific provision to the contrary is made in this Act or the **Accident Compensation Act 1985**. (2) If the Authority receives a claim from a person for compensation under the **Workers Compensation Act 1958** in respect of an injury occurring before 4 p.m. on 31 August 1985, the Authority may, in its discretion, provide guidance to the person as to how to make such a claim. (3) Proceedings may not be brought against the Authority in respect of guidance given, or not given, or anything done, or omitted to be done, in relation to the receipt of a claim referred to in subsection (2). (4) If a claim for compensation is made under the **Accident Compensation Act 1985** or the **Workers Compensation Act 1958** by a dependant of a worker in respect of the death of the worker, a claim for compensation under this Act must not be made unless the first mentioned claim is withdrawn or rejected. (5) Compensation for the death of a worker is not payable under this Act if compensation for the death of the worker has been paid under the **Accident Compensation Act 1985** or the **Workers Compensation Act 1958**. (6) Part 6 applies to, and in respect of, any dispute— (a) arising under this Act in relation to a claim for compensation under this Act; or (b) arising on or after 1 July 2014 in relation to a claim for compensation under the **Accident Compensation Act 1985**, whether made before, on or after 1 July 2014; or (c) arising under the **Workers Compensation Act 1958**. (7) For the purposes of subsection (6)(b), a reference in the **Accident Compensation Act 1985** to Part III of that Act is to be taken to be a reference to Part 6 of this Act. (8) For the purposes of subsection (6), a dispute concerning a matter arises when— S. 6(8)(a) amended by Nos 73/2016 s. 21(1), 15/2021 s. 5. (a) an application for conciliation of the matter is, or was, lodged with ACCS in accordance with section 289A of this Act or section 55 of the **Accident Compensation Act 1985**; or (b) if the matter is a medical question, when the medical question is, or was, referred to a Medical Panel in accordance with section 304 of this Act or section 65(6A) of the **Accident Compensation Act 1985**; or (c) when proceedings concerning the matter are instituted in a court or VCAT. (9) For the purposes of subsection (6), a dispute concerning a matter is concluded when— S. 6(9)(a) amended by No. 73/2016 s. 21(2). (a) if the matter was referred for conciliation, ACCS has issued an outcome certificate; or (b) if the matter was a medical question referred to a Medical Panel, the Medical Panel has given its opinion; or (c) if the matter was a proceeding instituted in a court or VCAT, all appeal rights in relation to a decision or determination in respect of the matter have been exhausted.