Queensland Numbered Acts

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CRIMINAL CODE AND CIVIL LIABILITY AMENDMENT ACT 2007 No. 14 - SECT 8

8 Amendment of s 5 (Civil liability excluded from Act)

(1) Section 5, from 'any civil claim' to 'claimant'--

omit, insert--

'deciding liability or awards of damages for personal injury if the harm resulting from the breach of duty'.

(2) Section 5(a) and (b), 'as defined'--

omit, insert--

'for which compensation is payable'.

(3) Section 5--

insert--

'(2) For subsection (1)(a) or (b), the following is immaterial--

(a) whether compensation for the injury is actually claimed under the relevant Workers' Compensation Act;
(b) whether the entitlement to seek damages for the injury is regulated under that Act.

'(3) To remove any doubt, it is declared that a breach of duty mentioned in subsection (1) includes a breach of duty giving rise to a dependency claim.

'(4) In this section--

compensation for injury, under a relevant Workers' Compensation Act, includes payment of--

(a) reasonable expenses for medical treatment or attendance; and
(b) funeral expenses.

relevant Workers' Compensation Act means--

(a) for compensation, or an entitlement to seek damages, for an injury mentioned in subsection (1)(a)--the WorkCover Queensland Act 1996; or
(b) for compensation, or an entitlement to seek damages, for an injury mentioned in subsection (1)(b)--the Workers' Compensation and Rehabilitation Act 2003.'.


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