45Exclusions from Part

45 Exclusions from Part S. 45(1)(b) amended by No. 67/2013 s. 649(Sch. 9 item 36(11)). (b) a claim to which Part IV of the **Accident Compensation Act 1985** or Part 5 of the **Workplace Injury Rehabilitation and Compensation Act 2013** applies; (c) a claim in respect of an injury which entitles, or may entitle, a worker, or a dependant of a worker, within the meaning of the **Workers Compensation Act 1958** to compensation under that Act; (d) a claim in respect of an injury which entitles, or may entitle, a person or a dependant of a person to compensation under any of the following— (i) Part V of the **Country Fire Authority Act 1958** or the regulations made under that Act; S. 45(1)(d)(ii) substituted by No. 51/2005 s. 58(13). (ii) Part 4 of the **Victoria State Emergency Service Act 2005**; (iii) Part 6 of the **Emergency Management Act 1986**; (iv) the **Police Assistance Compensation Act 1968**; (v) Part 8 of the **Juries Act 2000** or Part VII of the **Juries Act 1967**; S. 45(1)(d)(vi) amended by No. 24/2006 s. 6.1.2(Sch. 7 item 49). (vi) Part 5.6 of the **Education and Training Reform Act 2006**; (e) subject to subsection (2), a claim for damages in respect of an injury that is a dust‑related condition within the meaning of the **Administration and Probate Act 1958**; or (f) subject to subsection (2), a claim for damages in respect of an injury resulting from smoking or other use of tobacco products, within the meaning of the **Tobacco Act 1987**, or exposure to tobacco smoke. (2) A claim for damages referred to in subsection (1)(e) or (1)(f) does not include a claim for damages that relates to the provision of or the failure to provide a health service. (3) This Part does not apply to claims in proceedings of a class that is excluded by the regulations from the operation of this Part. S. 46 inserted by No. 102/2003 s. 3.