Victorian Consolidated Legislation

Wrongs Act 1958 - SECT 19C

Application of sections 19A and 19B

19C. Application of sections 19A and 19B



(1) Except as provided by sections 19A and 19B, nothing in those sections
affects any other law relating to damages arising from loss of gratuitous
care.

(2) Sections 19A and 19B do not apply to the following actions for damages-

   (a)  subject to subsection (3), an action for damages in respect of an
        injury that is a dust-related condition within the meaning of the
        Administration and Probate Act 1958; or

   (b)  subject to subsection (3), an action for damages in respect of an
        injury resulting from smoking or other use of tobacco products, within
        the meaning of the Tobacco Act 1987, or exposure to tobacco smoke.

(3) An action for damages referred to in subsection (2)(a) or (2)(b) does not
include an action for damages that relates to the provision of or the failure
to provide a health service.