Victorian Consolidated Legislation

Emergency Management Act 1986 - SECT 34

Entitlement where damages otherwise payable

34. Entitlement where damages otherwise payable



(1) A person is not entitled to recover, in respect of personal injury or loss
of or damage to property, both compensation under this Part and damages and if
a person so recovers both compensation and damages the amount of the
compensation may be recovered from the person by the Minister in a Court of
competent jurisdiction as a debt due by that person to the Crown.

(2) If compensation has been paid under this Part and the personal injury,
loss or damage in respect of which it was paid was caused under circumstances
creating a liability in some person other than the volunteer emergency worker
to pay damages in respect thereof, the Minister may take proceedings against
that person in a Court of competent jurisdiction to recover-

   (a)  the amount of compensation; or

   (b)  the amount of the damages-

whichever is less.