Victorian Consolidated Legislation

Conservation, Forests and Lands Act 1987 - SECT 58

Compensation for personal injuries and property damage

58. Compensation for personal injuries and property damage



(1) A conservation worker who suffers personal injury arising out of or in the
course of engaging in any conservation work or travelling to or from any place
where any conservation work is to be or has been engaged in, is entitled to be
paid compensation or, in the case of death, the partner, children or
dependants of the deceased conservation worker are entitled to be paid
compensation as provided by this section.

(2) The compensation is to be paid in accordance with and subject to the
provisions of the Accident Compensation Act 1985 as if, within the meaning of
that Act, at the time the person suffered the personal injury he or she was a
worker employed by the Crown and the personal injury arose within or in the
course of that employment.

(3) Subject to subsection (4), when a conservation worker suffers damage to or
destruction of any property which he or she owns, possesses or controls and
the damage or destruction arises out of or in the course of the carrying out
of conservation work, the Secretary may authorise the payment to the owner of
the property of such compensation for the damage or destruction as the
Secretary considers reasonable in the circumstances.

(4) A person is not entitled to recover both damages in respect of damage to
or destruction of property and compensation under subsection (3) but if this
occurs the Secretary may in respect of damage to or destruction of that
property, recover from that person the amount of compensation paid under
subsection (3), as a debt due to the Crown.