Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 371

Compensation for pain and suffering

    (1)     Despite anything to the contrary in Subdivision (1) of Division 2 of Part 4 of the Sentencing Act 1991 , a court must not exercise the powers conferred by that Subdivision to make a compensation order within the meaning of that Subdivision if the compensation would be for—

        (a)     a matter arising from discriminatory conduct that constitutes an offence against section 575; or

        (b)     a matter—

              (i)     arising from an injury or death in respect of which it appears to the court that the person has an entitlement to any compensation under this Act; and

              (ii)     arising from an event that constitutes an offence only against the Dangerous Goods Act 1985 , the Occupational Health and Safety Act 2004 or the Equipment (Public Safety) Act 1994 or any regulations made under any of those Acts.

    (2)     For the purposes of subsection (1)(b)(i), a person is not to be regarded as having an entitlement to any compensation under this Act if the entitlement would arise only under any or all of sections 224(1)(b) and (c) and 237 (only by virtue of subsection (3)).

Part 8—Self-insurers

Division 1—General



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