Victorian Consolidated Legislation

Wrongs Act 1958 - SECT 28LC

Application of Part

28LC. Application of Part



(1) This Part applies to claims for the recovery of damages for non-economic
loss, except claims that are excluded by subsection (2) or (3).

(2) This Part does not apply to the following claims for the recovery of
damages for non-economic loss-

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

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

   (c)  a claim to which Part IV of the Accident Compensation Act 1985
        applies;

   (d)  a claim in respect of an injury or death which entitles, or may
        entitle, a worker, or a dependant of a worker, within the meaning of
        the Workers Compensation Act 1958 to compensation under that Act.

(3) This Part does not apply to claims in proceedings of a class that is
excluded by the regulations from the operation of this Part.

(4) This Part extends to a claim for damages for non-economic loss even if the
claim is founded on breach of contract or any other cause of action.