Victorian Current Acts Victorian Current Acts(1) This Part applies to claims for the recovery of damages for non-economic loss, except claims that are excluded by subsection (2) or (3).
(2) This Part does not apply to the following claims for the recovery of damages for non-economic loss—
(a) a claim where the fault concerned is, or relates to, an intentional act that is done with intent to cause death or injury or that is sexual assault or other sexual misconduct;
(b) a claim to which Part 3, 6 or 10 of the Transport Accident Act 1986 applies;
S. 28LC(2)(c) amended by No. 67/2013 s. 649(Sch. 9 item 36(5)).
(c) 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;
S. 28LC(2)(d) amended by No. 2/2015 s. 4(1).
(d) a claim in respect of an injury or death 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;
S. 28LC(2)(e) inserted by No. 2/2015 s. 4(2).
(e) a claim in respect of an injury that is an asbestos-related condition.
(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.
(4) This Part extends to a claim for damages for non‑economic loss even if the claim is founded on breach of contract or any other cause of action.
S. 28LD inserted by No. 60/2003 s. 4.