The statutory choice of law provisions in s 129MB of the Accident Compensation Act 1985 (Vic) and s 93AB of the Workers' Compensation and Injury Management Act 1981 (WA) apply to claims against non-employers only where both conditions in sub-s (2) are satisfied: the worker's employment must be connected with the relevant State AND the tort or breach of contract must have occurred in that State. Where a Victorian-connected worker is injured by a non-employer's tort in another State, the common law choice of law rules apply unmodified, meaning the substantive law of the State where the tort occurred (including its limitation period) governs the claim against the non-employer, even though Victorian law governs the claim against the employer in the same proceeding.
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