Section 138(1) of the Accident Compensation Act 1985 (“the AC Act”) provided that where an injury or death for which compensation had been paid, or was or may be payable, by the Victorian WorkCover Authority (“the VWA”), a self-insurer or an employer was caused under circumstances creating a liability in a third party to pay damages or that would have created such a liability if the injury or death had been caused in Victoria or that would, but for s 134A of the AC Act, create such a liability in respect of the injury or death, the VWA, self-insurer or employer was entitled to be indemnified by the third party in accordance with the section. Section 138(2) provided that in determining for the purposes of s 138(1) whether an injury or death was caused under circumstances creating a liability in a third party to pay damages or that would have created such a liability if the injury or death had been caused in Victoria in respect of the injury or death, Divs 8A and 9 of Pt 4 were not to be taken into account.