Check whether a Victorian compensation law bars the safety-defect claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List any workers' compensation amount already paid, and any scheme named on the file that could pay. Do not decide that Part 3-5 is unavailable. The Victorian workers' compensation Act was not opened, so do not name a section of it.
- What the lawyer must review
- Decide whether s 146 applies. The bar includes an amount that could be recovered, not only an amount already paid.
- Identify the Victorian workers' compensation statute yourself. It was not opened for this task.
- Do not treat a transport or treatment scheme as workers' compensation unless you decide it is one.
- Keep the s 146 conclusion off any fault count until that count is checked.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A safety-defect claim where Victorian workers' compensation could also pay
Produce. A note of amounts paid or possibly recoverable, and the lawyer's conclusion on s 146.
Have ready. Payments and scheme names on the file; The injury facts.
Example of the limit. Illustrative example: Weekly payments are already being made. The lawyer applies s 146 to loss that has been or could be recovered, and does not assume the bar is limited to money in hand.
Stop and hand it back when
- The bar is treated as applying only to money already received.
- A section of an unopened workers' compensation Act is cited.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List any workers' compensation amount already paid, and any scheme named on the file that could pay. Do not decide that Part 3-5 is unavailable. The Victorian workers' compensation Act was not opened, so do not name a section of it. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record amounts paid and amounts that could be recovered.
- Separate workers' compensation from a law giving effect to an international agreement.
- Do not name a Victorian workers' compensation section.
- Keep s 27D as a different question from s 146.
Sources
- Australian Consumer Law, s 146 · 2026-10-23
- Limitation of Actions Act 1958 (Vic), s 27D · 2026-10-23
The Victorian workers' compensation statute was not opened. The lawyer reads the Act in force.
If the work reaches the Supreme Court of Victoria, Practice Note SC GEN 25 requires the lawyer to verify output. Do not put health records into a public AI tool. One AI tool cannot verify another.