Victorian Numbered Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 322

Meaning of substantive law

In this Division—

"a State's legislation about damages for a work related injury" means—

        (a)     for this State, this Part, Part 10 and any other provision of this Act providing for the interpretation of anything in this Part; and

        (b)     for any other State, any provisions of a law of the State that is declared by the Minister to be the State's legislation about damages for a work related injury for the purposes of this section by a notice published in the Government Gazette;

"substantive law" includes—

        (a)     a law that establishes, modifies or extinguishes a cause of action or a defence to a cause of action; and

        (b)     a law prescribing the time within which an action must be brought (including a law providing for the extension or abridgment of that time); and

        (c)     a law that provides for the limitation or exclusion of liability or the barring of a right of action if a proceeding on, or arbitration of, a claim is not commenced within a particular time limit; and

        (d)     a law that limits the kinds of injury, loss or damage for which damages or compensation may be recovered; and

        (e)     a law that precludes the recovery of damages or compensation or limits the amount of damages or compensation that can be recovered; and

        (f)     a law expressed as a presumption, or rule of evidence, that affects substantive rights; and

        (g)     a provision of a State's legislation about damages for a work related injury, whether or not it would be otherwise regarded as procedural in nature—

but does not include a law prescribing rules for choice of law.



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