S. 3(1) def. of apprentice substituted by No. 45/1990 s. 120, amended by Nos 80/1997 s. 55(Sch. 1 item 4), 24/2006 s. 6.1.2(Sch. 7 item 41.1). apprentice means a person who is an apprentice within the meaning of the Education and Training Reform Act 2006; S. 3(1) def. of child substituted by No. 27/2001 s. 4(Sch. 2 item 4.1(b)). child in relation to a person includes a child of the person or the person's partner or an adopted child of the person or of the person's partner but does not include a child of that person or of the person's partner adopted by another person or persons; Commission means the Transport Accident Commission established under this Act; s. 3 decision includes declaration, determination, direction or order; S. 3(1) def. of degree of impairment substituted as degree by No. 32/1988 s. 4(1)(b), repealed by No. 34/1998 s. 9(a). * * * * * dependant in relation to a person who is injured or dies means a person who would, but for the injury or death of the first-mentioned person, be wholly, mainly or in part dependent on that person for economic support;
S. 3(1) def. of medical practitioner amended by Nos 32/1988 s. 4(4), 23/1994 s. 118(Sch. 1 item 57.1), 97/2005 s. 182(Sch. 4 item 51.1(a)), 13/2010 s. 51(Sch. item 56.1(a)). medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) and, in relation to anything done for the purposes of this Act in a place outside Victoria, includes a medical practitioner who is lawfully qualified under a law in force in that place to do that thing; S. 3(1) def. of medical service amended by Nos 63/1996 s. 98(Sch. item 4), 34/1998 s. 3(a), 78/1997 s. 97(Sch. item 3.1), 84/2000 s. 3(3)(c), 95/2003 s. 25(1), 94/2004 s. 3(1)(c). 97/2005 s. 182(Sch. 4 item 51.1(b)), 60/2007 s. 3(2), 13/2010 s. 51(Sch. item 56.1(b)), 27/2012 s. 27. medical service, except in Part 10, includes— s. 3 (a) attendance, examination or treatment of any kind by a medical practitioner, registered dentist, registered optometrist, registered physiotherapist, registered chiropractor and osteopath or registered podiatrist; and (b) attendance, examination or treatment of any kind by a registered psychologist on referral from a medical practitioner; and (ba) the provision of acupuncture by a person— (i) registered as a Chinese medicine practitioner in the Division of Acupuncturists under the Health Practitioner Regulation National Law; or (ii) whose registration is endorsed under section 97 of the Health Practitioner Regulation National Law as being qualified to practise as an acupuncturist; and
minor means a person who— (a) has not attained the age of 18 years; and (b) is not an earner; S. 3(1) def. of mobility aides inserted by No. 60/2007 s. 3(3). mobility aides include crutches, wheelchairs and mobility scooters, but does not include motor vehicles; motor car means— (a) a motor car within the meaning of the Motor Car Act 1958; and (b) except in Part 10, a recreation vehicle; S. 3(1) def. of motor vehicle inserted by No. 127/1986 s. 102(Sch. 4 item 29.1(b)). s. 3 motor vehicle means a motor vehicle within the meaning of section 3(1) of the Road Safety Act 1986; S. 3(1) def. of nurse inserted by No. 13/2010 s. 51(Sch. item 56.1(c)). nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); S. 3(1) def. of nursing service substituted by No. 13/2010 s. 51(Sch. item 56.2). nursing service means a nursing or midwifery service rendered by a nurse or midwife, otherwise than at a hospital or as a member of the nursing staff of a hospital; S. 3(1) def. of owner amended by No. 127/1986 s. 102(Sch. 4 item 29.1(c)), repealed by No. 57/1998 s. 29(1)(a). * * * * *
(c) the determination by the Commission of reasonable costs or expenses of, or fees for, the service or provision having regard to— (i) the service or provision actually rendered; and (ii) the necessity of the service or provision, or of the incurring of the expense, in the circumstances; S. 3(1) def. of recreation vehicle substituted by No. 127/1986 s. 102(Sch. 4 item 29.1(e)), amended by Nos 57/1998 s. 29(1)(b), 6/2010 s. 203(1) (Sch. 6 item 46.1) (as amended by No. 45/2010 s. 22). recreation vehicle— s. 3 (a) for the purposes of Part 10, has the same meaning as in section 86 of the Transport (Compliance and Miscellaneous) Act 1983; and (b) otherwise, means a motor cycle that is of a class of motor cycle eligible to be registered under the Road Safety Act 1986 for a fee that is lower than the registration fee for other classes of motor cycle; S. 3(1) def. of registered motor car repealed by No. 127/1986 s. 102(Sch. 4 item 29.1(f)). * * * * *
S. 3(1) def. of spouse inserted by No. 27/2001 s. 4(Sch. 2 item 4.1(a)). s. 3 spouse in relation to a person means a person to whom the person is married; S. 3(1) def. of supported inserted by No. 60/2007 s. 3(5), amended by Nos 49/2010 s. 233, 22/2012 s. 86. supported accommodation means— (a) a residential facility in which residential care is provided under the Aged Care Act 1997 of the Commonwealth; (b) a supported residential service within the meaning of the Supported Residential Services (Private Proprietors) Act 2010; (c) a group home within the meaning of section 3(1) of the Disability Act 2006; (d) a group home or other residential facility approved by the Commission for the purposes of section 60; S. 3(1) def. of supported employment program inserted by No. 94/2004 s. 14(1). supported employment program means a program designed to promote and enhance the independence of a person with a severe injury by assisting the person's return to paid employment where the person needs ongoing support to obtain, or to perform and retain, that employment; S. 3(1) def. of surviving spouse substituted as surviving partner by No. 27/2001 s. 4(Sch. 2 item 4.1(f)). surviving partner of a person who dies as a result of a transport accident, means a dependent partner of the person;
worker has the same meaning as in the Accident Compensation Act 1985. S. 3(1A) inserted by No. 84/1994 s. 5(2). (1A) For the purposes of the definition of transport accident in section 3(1) an incident includes an incident— s. 3 (a) involving a motor vehicle, a railway train or a tram which is out of control; (b) involving a collision between a pedal cycle and an open or opening door of a motor vehicle; S. 3(1A)(c) inserted by No. 84/2000 s. 4(1). (c) involving a collision between a pedal cycle and a motor vehicle while the cyclist is travelling to or from his or her place of employment. S. 3(1B) inserted by No. 84/2000 s. 3(2), repealed by No. 27/2001 s. 4(Sch. 2 item 4.2(a)). * * * * * S. 3(2) amended by Nos 84/1994 s. 55(1)(b), 94/2004 s. 37, 26/2010 s. 37. (2) A person who is injured or dies in or as a result of a transport accident is an earner for the purposes of this Act if the person is at least 15 years of age or is exempt under section 2.1.5 of the Education and Training Reform Act 2006 from attendance at school and is a person in respect of whom a permit has been granted under section 16 of the Child Employment Act 2003 and— (a) was in full-time or part-time employment as an employed or self-employed person— (i) at any time during the eight weeks immediately preceding the accident; or (ii) during a period or periods equal to at least 13 weeks during the year immediately preceding the accident; or
S. 3(6) substituted as s. 3(7) by No. 27/2001 s. 4(Sch. 2 item 4.3), renumbered as 3(6) by No. 11/2002 s. 3(Sch. 1 item 61.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 60.2). (6) For the purposes of the definition of domestic partner in subsection (1)— S. 3(6)(a) amended by No. 4/2009 s. 37(Sch. 1 item 26.2(a)). (a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and s. 3 S. 3(6)(b) amended by No. 4/2009 s. 37(Sch. 1 item 26.2(b)). (b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case. S. 3(7) inserted by No. 57/1998 s. 29(2). (7) The Governor in Council may, by Order published in the Government Gazette, declare any motor vehicle or class of motor vehicles not to be a recreation vehicle or recreation vehicles for the purposes of this Act. S. 3(8) inserted by No. 84/2000 s. 4(2). (8) The definition of transport accident as amended by section 4(1) of the Transport Accident (Amendment) Act 2000 applies to and in respect of any claim arising out of the transport accident which occurred on 7 February 1997 involving the pedal cycle of Mr Dale Sheppard as if the definition as amended by that section was in force when that transport accident occurred and this Act has effect accordingly.
(3) The Order of the Governor in Council made under section 7(1) of the State Owned Enterprises Act 1992 and published in the Government Gazette on 6 May 1993 is revoked. (4) This section does not affect the validity, status, operation or effect of any act, matter or thing done by or under the Order revoked under subsection (3). s. 10A 11 Objectives of the Commission The objectives of the Commission are as follows— (a) to manage the transport accident compensation scheme as effectively, efficiently and economically as possible; (b) to ensure that appropriate compensation is delivered in the most socially and economically appropriate manner and as expeditiously as possible; (c) to ensure that the transport accident scheme emphasises accident prevention and effective rehabilitation; (d) to develop such internal management structures and procedures as will enable it to perform its functions and exercise its powers effectively, efficiently and economically; S. 11(e) inserted by No. 26/2000 s. 25(5). (e) to manage claims under the Accident Compensation Act 1985 as an authorised agent of the Victorian WorkCover Authority as effectively, efficiently and economically as possible; S. 11(f) inserted by No. 26/2000 s. 25(5). (f) if appointed as an agent of a self-insurer under section 143A of the Accident Compensation Act 1985, to carry out the functions and powers of a self-insurer as
(2) If the Commission is given a written direction, the Commission— (a) may cause the direction to be published in the Government Gazette; and (b) must publish the direction in its next annual report. S. 14(3) inserted by No. 79/1992 s. 5(2). (3) If the Treasurer requests the Commission in writing to give the Treasurer information about a matter or class of matters relating to the liquidation of the Societies referred to in Part 2A, the Commission must comply with the request. s. 14 15 Board of Management (1) There shall be a Board of Management of the Commission which— (a) may exercise all the powers of the Commission; and (b) must give general directions as to the performance of the Commission's functions and the achievement of its objectives; and (c) must ensure that the Commission is managed and operated in an efficient and economic manner. S. 15(2) substituted by No. 84/1994 s. 22. (2) The Board is to consist of not less than 4, and not more than 9, Directors appointed by the Governor in Council on the nomination of the Minister. S. 15(2A) inserted by No. 41/2006 s. 29. (2A) The Governor in Council may appoint one of the Directors to be the Chairperson of the Board. S. 15(3) inserted by No. 84/1994 s. 22. (3) Subject to subsection (4), the Commission may appoint one of the Directors to be the Chief Executive Officer of the Commission. S. 15(4) inserted by No. 84/1994 s. 22. (4) The Minister may direct the Commission—
S. 27(2)(a) amended by No. 17/1993 s. 11(1). (a) the transport accident charges and additional amounts paid under this Act; S. 27(2)(b) repealed by No. 34/1998 s. 5. * * * * * S. 27(2)(c) amended by No. 32/1988 s. 7(2). (c) any amount received as a penalty for an offence against this Act or the regulations; (d) any income from the investment of any money credited to the Fund and the proceeds of the sale of any investment; S. 27(2)(e) amended by No. 100/1995 s. 10(1)(Sch. 1 item 5.1(a)). (e) any money that the Commission borrows; (f) any money required or permitted to be paid into the Fund under this or any other Act; S. 27(2)(fa) inserted by No. 79/1992 s. 6(a). (fa) money received by the Commission under Part 2A; S. 27(2)(fb) inserted by No. 26/2000 s. 25(8). (fb) any money received by the Commission in relation to its functions under sections 12(1)(jb) and 12(1)(jc); (g) all other money that the Commission receives under or for the purposes of this or any other Act. s. 27 (3) The following may be paid out of the Fund— (a) payments of compensation under this Act or that the Commission is liable to pay under any other Act and payments required by a determination of the Commission or the Tribunal to be paid out of the Fund;
S. 27(7) amended by No. 100/1995 s. 10(1)(Sch. 1 item 5.1(b)). (7) The Commission may invest any money standing to the credit of the Fund in accordance with the powers conferred on it under the Borrowing and Investment Powers Act 1987. (8) If any money is invested under subsection (7) in the purchase of any land or the construction or alteration of any buildings, the whole or part of the land or buildings may be used by the Commission in connection with its powers, duties or functions under this Act. (9) In the performance of its functions, the Commission may for the purposes of and in accordance with any rule of any court in that behalf, execute and lodge with the proper officer of the court a bond conditioned for the payment into court by the Commission of a sum of money in satisfaction of any claim. S. 28 substituted by No. 100/1995 s. 10(1)(Sch. 1 item 6.1). s. 28 28 Borrowing powers The Commission may obtain financial accommodation subject to and in accordance with the powers conferred on it under the Borrowing and Investment Powers Act 1987. S. 28A inserted by No. 68/1991 s. 11, repealed by No. 61/1994 s. 42(1). * * * * * 29 Budget (1) The Commission, before a date to be fixed by the Minister each year, must submit to the Minister for the Minister's approval an operating budget for the next financial year.
(2) A guarantee under this section may be enforced under Part II of the Crown Proceedings Act 1958. S. 33G inserted by No. 79/1992 s. 7. 33G Treasurer may execute guarantee The Treasurer, at the request of the Commission, may, on behalf of the Government of Victoria, by instrument on such terms and conditions (including payment of fees) as the Treasurer determines, guarantee, indemnify or otherwise support the payment to the Commission by the liquidator of the Societies of amounts not exceeding an amount specified in the instrument. S. 33H inserted by No. 79/1992 s. 7. 33H Appropriation for guarantees etc. (1) Any sums required by the Treasurer in fulfilling any liability arising under a guarantee, indemnity or other support by or on behalf of the Government of Victoria provided by or given under this Part shall be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly. (2) Any sums received or recovered by the Treasurer from the Commission or the Societies or otherwise in respect of sums paid by the Treasurer under a guarantee, indemnity or other support must be paid into the Consolidated Fund. S. 33I inserted by No. 79/1992 s. 7. s. 33I 33I Other rights not affected (1) Nothing in this Part— (a) affects the rights, obligations or liabilities of a party (including the State) to any proceedings whatsoever concerning or relating to the affairs or activities of any of the Societies, whether begun before or after the commencement of section 7 of the
unless the person satisfies the Commission that the concentration of alcohol in the blood or breath of the person did not contribute in any way to the transport accident. S. 40(5A) inserted by No. 80/2010 s. 4(3). (5A) The compensation under section 44 or 45 in respect of a person to whom subsection (4A) applies is reduced by one-third unless the person satisfies the Commission that the concentration of drugs in the blood of the person did not contribute in any way to the transport accident. (6) For the purposes of subsection (1), a person who drives a motor vehicle at a particular time is not to be deemed never to have held a licence to drive a motor vehicle of that class if at that time— (a) the person was— (i) the holder of a learner permit in respect of a motor vehicle of that class under the Road Safety Act 1986 or under a law that is, in relation to that Act, a corresponding law; or (ii) participating in a training program accredited under the Road Safety Act 1986; and (b) in the case of a motor vehicle other than a motor cycle or a tractor, the person had a licensed driver (not being the holder of a licence issued on probation) sitting beside him or her. S. 40A inserted by No. 84/2000 s. 12. 40A General provisions s. 40A (1) Subsection (2) applies if— S. 40A(1)(a) amended by No. 68/2009 s. 97(Sch. item 123.1). (a) a person who is injured as a result of a transport accident applies for compensation under this Act and a charge-sheet charging an offence has been filed or it appears to the
alcohol in the person's blood or breath at a particular time— the court must, at the request of the Commission, cause a certificate with particulars of its finding to be given to the Commission. (5) For the purposes of this Act— S. 40A(5)(a) amended by No. 94/2003 s. 41(3). (a) a certificate of a court given under subsection (4) is evidence of the finding of the court as to the concentration of alcohol in a person's blood or breath at a particular time; and S. 40A(5)(b) amended by No. 94/2003 s. 41(4). (b) any finding of the court as to the concentration of alcohol in the blood or breath of the person or as to the analysis of a sample of a person's blood or breath is conclusive evidence of the facts so found; and S. 40A(5)(c) amended by No. 94/2003 s. 41(3). (c) a finding of a concentration of alcohol in the blood or breath of a person exceeding 005 but otherwise unspecified is conclusive evidence that the concentration was more than 005 and less than 012. 41 Motor sport accidents excluded s. 41 S. 41(1) amended by No. 127/1986 s. 102(Sch. 4 items 29.2, 29.11). (1) The Commission is not liable to pay compensation in accordance with this Act in respect of a person who is injured or dies as a result of a transport accident involving a motor vehicle or motor vehicles that are taking part in, or in a test in preparation for, an organized motor vehicle race or a speed trial if the person is— S. 41(1)(a) amended by No. 127/1986 s. 102(Sch. 4 item 29.2). (a) the driver of, or a passenger in, such a motor vehicle; or (b) a spectator at the race, trial or test; or
S. 49(2)(c)(i) amended by No. 84/1994 s. 55(2)(e). (i) $270; and S. 49(2)(c)(ii) amended by No. 84/1994 s. 55(2)(c). s. 49 (ii) $76 for one dependant; and S. 49(2)(c)(iii) amended by No. 84/1994 s. 55(2)(a). (iii) $25 for each other dependant— whichever is the greater. (3) A weekly payment under this section must not exceed— S. 49(3)(a) amended by No. 84/1994 ss 32(2)(d), 55(2)(h). (a) $504; or S. 49(3)(b) amended by No. 84/1994 s. 32(2)(e). (b) 100 per centum of the earner's pre-accident earning capacity— whichever is the lesser. (4) A person who receives a weekly payment under this section in respect of a transport accident must, within two months after each anniversary of the date on which the person first received a payment under this section in respect of that accident, give the Commission a statement of earnings in the prescribed form with particulars about the person's earnings (if any) in the year preceding that anniversary. (5) In this section— s. 49 earner includes a person injured as a result of a transport accident who, at the time of the
S. 57(2)(c) amended by No. 84/2000 s. 3(5)(b). (c) if at the date of death the person was over 25 and under 75—the age of the person at that date in whole years— less, if the person has received an impairment benefit under section 47 in respect of the transport accident, the amount of that benefit. S. 57(3) amended by Nos 32/1988 s. 14(2)(b), 84/1994 s. 55(2)(n), 84/2000 s. 3(5)(b), 27/2001 s. 4(Sch. 2 item 4.7(a)). s. 57 (3) Subject to subsection (4), if, at the date of death of the person, there is more than one surviving partner, the amount of $103 210 referred to in subsection (2) shall, in determining the benefit for each surviving partner, be taken to be the amount calculated in accordance with the formula— where— B is the number of years during which the surviving partner was a dependent partner of the person. C is the sum of the years during which each other surviving partner of the person was a dependent partner of the person. (4) If— S. 57(4)(a) amended by No. 84/2000 s. 3(5)(b). s. 57 (a) any dependent children of the person would have been entitled to a death benefit under section 59 but for the operation of section 59(9); and S. 57(4)(b) amended by No. 27/2001 s. 4(Sch. 2 item 4.7(b)(i)). (b) a surviving partner is entitled to a death benefit under this section— then—
S. 59(5) amended by Nos 45/1994 s. 42(Sch. item 11.2), 15/1998 s. 12(3)(a)(b). (5) If under subsection (4) the trustee company holds an amount for the benefit of a child, the trustee company may apply the whole or any part of that amount, or the income from that amount, towards the maintenance, education, advancement or benefit of the child. (6) The education allowance under subsection (1) or (2)— S. 59(6)(a) amended by No. 84/1994 s. 55(2)(j). s. 59 (a) is the sum of $1660 per annum for each dependent child until the child attains the age of 16 years or, if the child is a full-time student, until the child attains the age of 18 years or ceases to be a full-time student, whichever first occurs; and (b) must be paid to the guardian of the child for the benefit of the child. (7) If a weekly payment or an education allowance is paid to a dependent child of a person who dies as a result of a transport accident because the other parent does not wholly, mainly or in part provide economic support for the dependent child, weekly payments and the education allowance continue to be payable whether or not the other parent at any later time provides any economic support for the dependent child. (8) The Commission is not liable to pay weekly payments or an education allowance under this section for a child of a person who dies as a result of a transport accident if— S. 59(8)(a) amended by No. 27/2001 s. 4(Sch. 2 item 4.10). (a) the Commission is liable to make payments under section 57 or 58 to a surviving partner of the person; and
(a) State Trustees must, at the request in writing of the Commission, refund to the Commission any lump sum paid to State Trustees on behalf of a dependent child; and S. 59(13)(b) amended by No. 27/2001 s. 4(Sch. 2 item 4.10). (b) the Commission is entitled to set-off payments made as weekly payments and education allowance under this section against the payments that the Commission is liable to make under sections 57 and 58 to the surviving partner of the earner. S. 59(14) inserted by No. 84/2000 s. 18. (14) Subsections (12) and (13) as inserted by section 18 of the Transport Accident (Amendment) Act 2000 apply to and in respect of a transport accident which occurs on or after the commencement of that section. 60 Medical and like benefits s. 60 S. 60(1) amended by Nos 32/1988 s. 15(1)(a)–(d), 50/1989 s. 52(1) (as amended by No. 91/1989 s. 7(g)), 84/1994 ss 9(1), 36, 5/1999 s. 3, substituted by No. 84/2000 s. 19(1). (1) This section specifies amounts that the Commission is liable to pay as compensation in addition to any other compensation paid under this Act. S. 60(1A) inserted by No. 84/1994 s. 9(2), substituted by Nos 84/2000 s. 19(1), 95/2003 s. 30. (1A) The Commission is only liable to pay compensation under this section for the expenses and costs incurred in the following periods— (a) if the application for compensation is made within 3 years after the date of the transport
S. 60(2A)(a) amended by Nos 94/2004 s. 16(1), 60/2007 s. 14(2). (a) where death or severe injury results from the transport accident, the reasonable costs incurred in Australia of family counselling services provided to any member of the immediate family of the person who is injured or dies by a medical practitioner, a registered psychologist or a person who is authorised under section 23 to provide a service for the purposes of this subsection not exceeding $5000 in respect of that death or severe injury; and (b) where death results from the transport accident, the reasonable costs incurred in of burial or cremation. S. 60(2B) inserted by No. 84/2000 s. 19(1), amended by No. 27/2001 s. 4(Sch. 2 item 4.11(a)(i)). (2B) In this section— S. 60(2B) def. of family member amended by No. 27/2001 s. 4(Sch. 2 item 4.11 (a)(ii)), repealed by No. 60/2007 s. 14(3). * * * * *
S. 60(2D) inserted by No. 84/2000 s. 19(1), amended by No. 27/2001 s. 4(Sch. 2 item 4.11(c) (i)(ii)), substituted by No. 60/2007 s. 14(4). (2D) Subsection (2E) applies if— (a) a person is injured and admitted as an in a hospital as a result of a transport accident; and (b) the hospital is located at least 100 kilometres from the normal residence of members of the immediate family of the person referred to in paragraph (a); and (c) members of the immediate family incur reasonable travelling or accommodation expenses by reason of visiting the person referred to in paragraph (a). S. 60(2E) inserted by No. 60/2007 s. 14(4). (2E) The Commission is, subject to this Act, liable to pay as compensation to the members of the immediate family payments not exceeding $5000 in total in respect of the expenses referred to in subsection (2D)(c). S. 60(3) inserted by No. 32/1988 s. 15(2), substituted by Nos 84/2000 s. 20(1), 94/2004 s. 18. (3) If a person, as a result of his or her transport accident injury, reasonably requires a motor vehicle used by him or her in to be modified, the Commission is liable— (a) to pay the reasonable costs of modifying the vehicle; or s. 60 (b) if the vehicle is not capable of being modified, to contribute a reasonable amount to the purchase cost of a suitably modified motor vehicle selected by the Commission. S. 60(3A) inserted by No. 94/2004 s. 18. (3A) If a person, as a result of his or her transport accident injury, reasonably requires access to a motor vehicle, and he or she does not have access to a motor vehicle, the Commission is liable to contribute a reasonable amount to the purchase cost of a suitable motor vehicle selected by the Commission. patient
(a) serious long-term impairment or loss of a body function; or (b) permanent serious disfigurement; or (c) severe long-term mental or severe behavioural disturbance or disorder; or (d) loss of a foetus. S. 93(17A) inserted by No. 71/2013 s. 27. (17A) For the purposes of paragraph (c) of the definition of serious injury, a person has a severe long-term mental or severe long-term behavioural disturbance or disorder if that person, for a continuous period of at least 3 years— s. 93 (a) has a recognised mental illness or disorder (other than abnormal illness behaviour) as a result of a transport accident; and (b) displays symptoms and consequent disability that have not responded, or have substantially failed to respond, to known effective clinical treatments provided by a registered mental health professional who is registered under the Health Practitioner Regulation National Law to practice (other than as a student); and (c) has severely impaired function with symptoms causing clinically significant distress and severe impairment in relationships and social and vocational functioning. (18) Nothing in subsection (1)— (a) affects a right to compensation under this Act or an Act or enactment referred to in section 37 or 38; or
S. 96(8) def. of unindemnified vehicle amended by No. 34/1998 s. 14(c). unindemnified vehicle means a vehicle in respect of which there is no indemnity under section 94 and no corresponding indemnity under the law of another State or a Territory; vehicle means a motor vehicle, railway train or tram. S. 96(9) repealed by No. 34/1998 s. 14(d). * * * * * S. 97 amended by No. 127/1986 s. 102(Sch. 4 item 29.2), repealed by No. 84/1994 s. 41. * * * * * S. 98 amended by No. 127/1986 s. 102(Sch. 4 item 29.2). 98 Apportionment of costs If a judgment for damages is obtained against the owner or driver of a motor vehicle, railway train or tram in respect of the death of or injury to any person caused by or arising out of the use of the motor vehicle, railway train or tram in Victoria as well as in respect of some other loss or damage, the court shall (for the purpose of fixing the liability of the Commission) as part of the judgment adjudge what portion of the amount of the judgment is in respect of such death or injury and shall direct what portion of and in what manner any costs awarded as part of the judgment shall be apportioned to the portion of the amount awarded in respect of the death or injury. 99 Owner to give notice s. 98 S. 99(1) amended by No. 127/1986 s. 102(Sch. 4 item 29.2). (1) On the happening of a transport accident affecting a motor vehicle, railway train or tram to which an indemnity under section 94 applies and resulting in the death of or injury to any person, the owner
S. 107A inserted by No. 26/2000 s. 29. 107A Compensation for pain and suffering s. 107A S. 107A(1) amended by No. 54/2000 s. 25(7)(a)(b). (1) A court must not exercise the powers conferred by Subdivision (1) of Division 2 of Part 4 of the Sentencing Act 1991 to make a compensation order within the meaning of that Subdivision if the compensation would be for a matter— (a) arising from an injury or death in respect of which it appears to the court that the person has an entitlement to any compensation under this Act; and (b) arising from an event that constitutes an offence only against the Road Safety Act 1986 or any regulations made under any of that Act. S. 107A(2) amended by No. 54/2000 s. 25(8). (2) Notwithstanding anything to the contrary in Subdivision (1) of Division 2 of Part 4 of the Sentencing Act 1991, this section applies to and in respect of any offence referred to in subsection (1) committed on or after the commencement of section 29 of the Accident Compensation (Common Law and Benefits) Act 2000. (3) For the purposes of subsection (1)(a), a person is not to be regarded as having an entitlement to any compensation under this Act if the entitlement would only arise under either or both of sections 60(1)(ca) and 60(1)(d). _______________
Commission in respect of that charge under the Stamps Act 1958. S. 109(4B) inserted by No. 17/1993 s. 11(2). (4B) If the Commission requires the payment of an additional amount in respect of a transport accident charge, the charge is deemed not to have been paid until the additional amount has been paid. (5) In this section— S. 109(5) def. of prescribed period amended by No. 127/1986 s. 102(Sch. 4 items 29.2, 29.16). prescribed period in relation to a transport accident charge applicable to a motor vehicle means— s. 109 (a) the period prescribed by the regulations in relation to motor vehicles of that class; or (b) if a period has not been so prescribed— (i) the period of 12 months commencing on the date, or the anniversary of the date, of the registration of the motor vehicle; or (ii) in the case of the granting of a registration permit under the regulations made under Part 2 of the Road Safety Act 1986, the period of the permit; S. 109(5) def. of prescribed times or intervals amended by No. 127/1986 s. 102(Sch. 4 items 29.2, 29.16). prescribed times or intervals in relation to the payment of a transport accident charge applicable to a motor vehicle means— (a) the times or intervals prescribed by the regulations in relation to motor vehicles of that class; or
(b) if times or intervals have not been so prescribed, at or before the time of registration or renewal of the registration of the motor vehicle or the granting of a registration permit under the regulations made under Part 2 of the Road Safety Act 1986. s. 110 110 Rates of charges S. 110(1) amended by No. 127/1986 s. 102(Sch. 4 item 29.2). (1) The amount of the transport accident charge applicable to a motor vehicle is the amount prescribed or determined as prescribed. S. 110(1AA) inserted by No. 84/2000 s. 34(1). (1AA) In this section prescribed means prescribed by a charges order made under this section after the commencement of section 34 of the Transport Accident (Amendment) Act 2000. S. 110(1A) inserted by No. 32/1988 s. 26(1). (1A) The Commission may determine that the transport accident charge applicable to a motor vehicle that is usually kept outside is a specified amount that is less than the amount prescribed or determined as prescribed if circumstances or conditions determined by the Commission apply. S. 110(2) amended by No. 32/1988 s. 26(2)(a)(b). (2) The amount of a transport accident charge prescribed or determined as prescribed shall be varied, in respect of the financial year beginning on 1 July 1987 and each subsequent financial year in accordance with the formula— where— A is the amount of the transport accident charge in force immediately before the beginning of that financial year. B is the all groups consumer price index for as at 31 March in the preceding financial year published by the Australian Statistician in
(a) attendance, examination or treatment by a medical practitioner; and (b) the provision to a person by a medical practitioner of a certificate required for the purposes of this Division or the repealed Act; S. 134 def. of registered medical practitioner inserted by No. 60/2007 s. 21(b), substituted by No. 13/2010 s. 51(Sch. item 56.4). registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 134 def. of registered motor car inserted by No. 32/1988 s. 34, amended by No. 6/2010 s. 203(1) (Sch. 6 item 46.2) (as amended by No. 45/2010 s. 22). registered motor car means— (a) a motor car that is registered in accordance with the Motor Car Act 1958; or (b) a motor car that is not so registered but is usually kept in Victoria and is not exempt from the operation of all or any of the provisions of Part II of that Act; or (c) a motor car in respect of which a permit granted under section 11A or 19 of that Act is in force; or (d) a recreation vehicle registered in accordance with the Transport (Compliance and Miscellaneous) Act 1983; or (e) a motor vehicle registered with a Registration Authority in under the
that that person was, on the date of the accident from which the injury or death resulted, likely to reside in Victoria for a period of not less than six months immediately after that date, make payments under this Division in respect of that person. 137 Payments where other compensation applies (1) If a person is or appears to be entitled to compensation in respect of an injury or death under— (a) the Accident Compensation Act 1985; (b) the Workers Compensation Act 1958; (c) section 68 of the Country Fire Authority Act 1958; S. 137(1)(d) amended by No. 24/2006 s. 6.1.2(Sch. 7 item 41.3). (d) Part 5.6 of the Education and Training Reform Act 2006; S. 137(1)(e) substituted by No. 53/2000 s. 98(2). (e) Part 8 of the Juries Act 2000; (f) the Police Assistance Compensation Act 1968; (g) the Emergency Service Act 1981; (h) the Emergency Management Act 1986; S. 137(1)(i) amended by No. 84/1994 s. 55(1)(i). (i) the Compensation (Commonwealth Government Employees) Act 1971 of the Commonwealth of Australia as amended and in force from time to time; or (j) another law of the Commonwealth or under a law of another State or of a Territory that is,
or expenses as would be payable under subsection (1). (3) Where a parent or guardian of any child injured and admitted to hospital as a result of an accident incurs reasonable travelling or accommodation expenses by reason of visiting that child in hospital and before the commencement of this section made an application under the repealed Act or makes a claim under Part 4 for payments under this section or the corresponding provision of the repealed Act in respect of those expenses, the Commission must, subject to this Act, make payments to that person in respect of such expenses. (4) The Commission is not liable under subsection (3) to make payments exceeding $500 in total to the parents or guardians of any child in respect of any particular accident. s. 145 (5) The Commission is not liable under subsection (3) to make any payment to the parent or guardian of any child injured and admitted to hospital as a result of an accident if the Commission is not liable to make any payment to or on behalf of that child in respect of an injury suffered in that accident. (6) In this section child means any person who has not attained the age of sixteen years. (7) The Commission must not make payments under this section in respect of an accident that occurred more than five years before the appointed day within the meaning of the Accident Compensation Act 1985 except in respect of costs incurred within five years after the date of the accident. (8) The Commission must not make payments under this section in respect of more than 80 per centum
(b) in relation to proceedings brought after the commencement of this Commission; policy of insurance includes a cover note which is binding on the insurer; repealed Division means Division 1 of Part V of the Motor Car Act 1958 as in force at any time before the commencement of this section; uninsured motor car means any motor car in relation to which the owner was required to enter into a contract of insurance under the repealed Division and in relation to which there was not in force a contract of insurance under the repealed Division. S. 152(2) amended by No. 57/1989 s. 3(Sch. item 203.3(a)(b)). (2) Any reference in this Division or Division 3 to an action brought or a judgment entered or obtained or a judgment creditor or judgment debtor or execution of a judgment includes a reference to a complaint laid, an order made by the Magistrates' Court, the person in whose favour the order is made, the person against whom the order is made and execution of such order. s. 152 (3) Without affecting the survival of any cause of action on the death of any person, in the case of the death of the owner or driver of a motor car— (a) any reference in this Division to liability incurred by the owner or driver in respect of the death of or bodily injury to any person includes a reference to liability in respect of the death or bodily injury under any cause of