Entitlement to damages outside Victoria
49 Entitlement to damages outside Victoria
This section applies if an injury is caused to, or suffered by, a worker which gives the worker a right of action under the law of a place outside Victoria (whether within or outside Australia) in circumstances which would otherwise have entitled the worker or the worker's dependants to compensation under this Act.
Subject to subsection (3), if—
damages have not been paid or recovered; and
judgment for damages has not been given or entered—
in respect of the injury under the law of any place outside Victoria (whether within or outside Australia), the worker or, in the case of the death of the worker, the worker's dependants, are entitled to compensation under this Act as if there were no right of action under the law of any place outside Victoria.
A person who has a right of action in respect of an injury under the law of any place outside Victoria (whether within or outside Australia) is not entitled to claim compensation in respect of the injury under this Act if, in respect of the injury under the law of any place outside Victoria—
the person has been paid or recovered any amount of damages; or
judgment for damages has been given or entered; or
any payment into court has been accepted; or
there has been a settlement or compromise of any claim; or
any action for damages is pending.
If—
damages have been paid or recovered; or
judgment for damages has been given or entered—
in respect of the injury under the law of any place outside Victoria (whether within or outside Australia) the worker or, in the case of the death of the worker, the worker's dependants, are not entitled to compensation under this Act.
The worker or, in the case of the death of the worker, the worker's dependants are not entitled to compensation under this Act if—
a payment into court has been accepted by the worker or the worker's dependants in proceedings; or
a settlement or compromise of a claim has been made—
in respect of the injury under the law of any place outside Victoria (whether within or outside Australia).
If a person—
receives compensation under this Act in respect of any injury; and
subsequently obtains damages or an award of damages, accepts a payment into court or settles or compromises a claim in respect of the injury under the law of any place outside Victoria (whether within or outside Australia)—
the Authority, employer or a self-insurer is entitled to recover from that person the amount of compensation paid under this Act or an amount equal to the damages or payment obtained or made, settled or compromised, whichever is the lesser amount.
Any dispute under subsection (6) must be determined by a court of competent jurisdiction.
Unless a worker produces satisfactory evidence to the contrary, any amount recovered or to be recovered by a worker under the law of any place outside Victoria (whether within or outside Australia) as damages in respect of an injury is presumed to be damages for the same injury in respect of which the worker claims compensation or a right of action under this Act.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.