(5) Subsection (4) does not apply if the liability to pay compensation arises in the circumstances referred to in subsection (1)(a) and (b). (6) This section does not apply in respect of an injury S. 38(6) inserted by or death that arises or is deemed to have arisen on No. 67/1992 or after the commencement of section 67 of the s. 67(1). Accident Compensation (WorkCover) Act 1992. 38AA Settlement between Commission and Victorian S. 38AA inserted by WorkCover Authority No. 50/1994 s. 107. (1) The Commission and the Victorian WorkCover Authority may undertake the settlement of any claim that the Victorian WorkCover Authority may make, or may become entitled to make, against the Commission under section 38(1). (2) In determining whether to undertake a settlement, the Commission and the Victorian WorkCover Authority may determine the value of any claim or potential claim in any manner they think fit. 38A Commission not liable where compensation payable S. 38A (Heading) under Accident Compensation Act 1985 or inserted by Workplace Injury Rehabilitation and Compensation No. 67/2013 s. 649(Sch. 9 Act 2013 item 32(8)). S. 38A The Commission is not liable to pay compensation inserted by in respect of a person who, on or after the No. 67/1992 s. 67(2), commencement of section 67 of the Accident amended by Compensation (WorkCover) Act 1992, is No. 67/2013 s. 649(Sch. 9 injured or dies as a result of a transport accident to item 32(9)). a person who is, or appears to the Commission to be, entitled to compensation in respect of that injury or death under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013.
(5) Subsection (4) does not apply if the liability to pay compensation arises in the circumstances referred to in subsection (1)(a) and (b). S. 38(6) inserted by No. 67/1992 s. 67(1). (6) This section does not apply in respect of an injury or death that arises or is deemed to have arisen on or after the commencement of section 67 of the Accident Compensation (WorkCover) Act 1992. S. 38AA inserted by No. 50/1994 s. 107. 38AA Settlement between Commission and Victorian WorkCover Authority (1) The Commission and the Victorian WorkCover Authority may undertake the settlement of any claim that the Victorian WorkCover Authority may make, or may become entitled to make, against the Commission under section 38(1). (2) In determining whether to undertake a settlement, the Commission and the Victorian WorkCover Authority may determine the value of any claim or potential claim in any manner they think fit. S. 38A (Heading) inserted by No. 67/2013 s. 649(Sch. 9 item 32(8)). S. 38A inserted by No. 67/1992 s. 67(2), amended by No. 67/2013 s. 649(Sch. 9 item 32(9)). 38A Commission not liable where compensation payable under Accident Compensation Act 1985 or Workplace Injury Rehabilitation and Compensation Act 2013 The Commission is not liable to pay compensation in respect of a person who, on or after the commencement of section 67 of the Accident Compensation (WorkCover) Act 1992, is injured or dies as a result of a transport accident to a person who is, or appears to the Commission to be, entitled to compensation in respect of that injury or death under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013.
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