Victorian Numbered Acts

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 326

A worker who is, or the dependants of a worker who are, or may be, entitled to compensation in respect of an injury arising out of, or in the course of, or due to the nature of, employment must not, in proceedings in respect of the injury, recover any damages for pecuniary or non-pecuniary loss except—

        (a)     if the injury arises from a transport accident—

              (i)     in accordance with the Transport Accident Act 1986 and sections 343 and 347(1) of this Act; or

              (ii)     in accordance with Part III of the Wrongs Act 1958 , subject to and in accordance with the Transport Accident Act 1986 and section 366(7)(a) and (b) of this Act; or

        (b)     in proceedings, in accordance with sections 343 and 347(1), to which the employer is not a party if—

              (i)     by reason of section 46(1), the injury is deemed to have arisen out of, or in the course of, employment; and

              (ii)     the worker's place of employment is a fixed place of employment; and

              (iii)     the injury did not occur while the worker was present at that fixed place of employment; or

        (c)     as permitted by and in accordance with this Division, Division 3 or section 366.