Victorian Consolidated Legislation

Wrongs Act 1958 - SECT 28C

Application of Part

28C. Application of Part



(1) This Part applies to an award of personal injury damages, except an award
that is excluded by subsection (2).

(2) The following awards of damages are excluded from the operation of this
Part-

   (a)  an award where the fault concerned is an intentional act that is done
        with intent to cause death or injury or that is sexual assault or
        other sexual misconduct;

   (b)  an award to which Part 3, 6 or 10 of the Transport Accident Act 1986
        applies;

   (c)  an award to which Part 4 of the Accident Compensation Act 1985
        applies;

   (d)  an award to which the Workers Compensation Act 1958 applies;

   (e)  an award of compensation under Part V of the
        Country Fire Authority Act 1958 or an award of compensation under a
        compensation scheme established under the regulations made under that
        Act;

   (f)  an award of compensation under Part 4 of the
        Victoria State Emergency Service Act 2005;

   (g)  an award of compensation under Part 6 of the
        Emergency Management Act 1986;

   (h)  an award of compensation under the
        Police Assistance Compensation Act 1968;

        (i)    an award of assistance under the
               Victims of Crime Assistance Act 1996;

   (j)  an award of compensation under the Equal Opportunity Act 1995;

   (k)  an award of compensation under Part 8 of the Juries Act 2000 or Part
        VII of the Juries Act 1967;

   (l)  an award of compensation under Part 5.6 of the
        Education and Training Reform Act 2006;



   (m)  a sum payable under a superannuation scheme or any life or other
        insurance policy;

   (n)  an award of damages of a class that is excluded by the regulations
        from the operation of this Part.

(3) This Part extends to an award of personal injury damages even if the
damages are recovered in an action for breach of contract or in any other
action.