69Exclusions from Part

69 Exclusions from Part

S. 69(1)(b) amended by No. 67/2013 s. 649(Sch. 9 item 36(12)).

(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. 69(1)(d)(ii) substituted by No. 51/2005 s. 58(14).

(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. 69(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. 70 inserted by No. 102/2003 s. 3.