Workers’ Compensation and Rehabilitation Act 2003

a person is entitled to seek as a claimant damages for an injury sustained by a worker in a court of the State, other than under the Jurisdiction of Courts (Cross-vesting) Act 1987; and

damages for the injury are awarded by a court that is not a court of the State; and

the court that awards the damages does not do so subject to this chapter; and

the amount of the damages awarded to a claimant is more than the amount that would have been awarded subject to this chapter in a proceeding before a court of the State; and

an insurer would be liable to pay all the damages if section 320 did not apply.