Victorian Consolidated Legislation

Wrongs Act 1958 - SECT 28IF

Application of sections 28ID and 28IE

28IF. Application of sections 28ID and 28IE



(1) Except as provided by sections 28ID and 28IE, nothing in those sections
affects any other law relating to damages arising from a loss of capacity to
provide gratuitous care.

(2) Sections 28ID and 28IE 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.