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; 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 of degree of impairment substituted as degree by No. 32/1988 s. 4(1)(b), repealed by No. 34/1998 s. 9(a).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 domestic partner inserted by No. 27/2001 s. 4(Sch. 2 item 4.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 60.1), amended by No. 4/2009 s. 37(Sch. 1 item 26.1). domestic partner of a person means— (a) a person who is in a registered domestic relationship with the person; or (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); S. 3(1) def. of driver amended by No. 127/1986 s. 102(Sch. 4 item 29.3). driver in relation to a motor car or motor vehicle, includes a person who is in charge of the motor car or motor vehicle; S. 3(1) def. of earner substituted by Nos 32/1988 s. 4(3), 84/1994 s. 4, amended by No. 27/2001 s. 4(Sch. 2 item 4.1(e) (i)(ii)). earner means an earner within the meaning of subsection (2) and, in sections 57 and 58, includes a person who— (a) receives or received the newstart allowance, the job search allowance or the sickness allowance under the Commonwealth Social Security Act 1991; or (b) receives or received any benefit or allowance under the Commonwealth Social Security Act 1991 which is prescribed for the purposes of this definition— * * * * * during a period or periods equal to at least 26 weeks during the 2 years immediately preceding the transport accident;
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, 71/2013 s. 5(1). medical service, except in Part 10, includes— (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 (aa) attendance, examination or treatment by a registered occupational therapist, where that attendance, examination or treatment is authorised in accordance with section 23; 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
(i) for the purposes of sections 43(1D) and 62— (A) the spouse of the person; or (B) a person of the opposite sex who, though not married to the person, lives with the person on a permanent and bona fide domestic basis; (ii) for the other purposes of the Act—the spouse or domestic partner of the person; (c) in relation to any other person—the spouse or domestic partner of the person; S. 3(1) def. of pension age inserted by No. 84/1994 s. 13(1). pension age means the age at which a person becomes eligible (subject to satisfying any other requirements) to an age pension under the Commonwealth Social Security Act 1991; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 170.1). police officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of post acute support inserted by No. 94/2004 s. 15(3). post acute support means the provision of assistance to, or for, a person who requires support in personal care, mobility, transfers, banking or shopping after being discharged from a hospital; S. 3(1) def. of primary caregiver inserted by No. 60/2007 s. 3(4). primary care-giver means a person who provides care and attention to another person on a daily basis for a total of at least 20 hours a week;
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; S. 3(1) def. of TAFE institute inserted by No. 71/2013 s. 6(1). TAFE institute has the same meaning as it has in the Education and Training Reform Act 2006; Territory means a Territory referred to in section 122 of the Constitution of the Commonwealth;
tram includes tram-motor and tram-car; S. 3(1) def. of transport accident amended by Nos 127/1986 s. 102(Sch. 4 item 29.3), 32/1988 s. 4(1)(c)(i)(ii), 84/1994 s. 5(1). transport accident means an incident directly caused by the driving of a motor car or motor vehicle, a railway train or a tram; S. 3(1) def. of transportation costs inserted by No. 84/2000 s. 3(3)(e), amended by Nos 94/2004 s. 4(2), 60/2007 s. 3(6), 71/2013 s. 6(2). transportation costs means costs incurred travelling to or from— (a) a rehabilitation service; or (b) an approved program of disability services the provision of which is authorised in accordance with section 23; or (c) a vocational rehabilitation service; or (d) a school, university, TAFE institute or RTO by a student, including transportation costs incurred by the student, or a parent or guardian of the student, in travelling to or from the school, university, TAFE institute or RTO where the student is unable to travel to or from the school, university, TAFE institute or RTO by his or her usual pre-transport accident means because of injury sustained by the student in the transport accident; S. 3(1) def. of Tribunal substituted by No. 52/1998 s. 311(Sch. 1 item 95.1). Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;
evidence that the concentration was more than 005 and less than 012. 41 Motor sport accidents excluded 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 (c) an official or organizer of the race, trial or test; or (d) assisting in any way in the holding of the race, trial or test; or (e) assisting competitors in the race, trial or test. S. 41(1A) inserted by No. 84/1994 s. 30. (1A) Subsection (1) does not apply to an organised motor vehicle race or speed trial— S. 41(1A)(a) amended by No. 73/1996 s. 97(c). (a) the rules of which require that the race or trial is to be conducted in accordance with the Road Safety Act 1986 and the regulations applying under that Act; and (b) in respect of which the Commission has certified in writing, the circumstances and conditions under which subsection (1) does not apply.
(b) seasonal activities are activities that occur on an annual basis but that only provide employment for most of the people engaged in them for less than 6 months in any 12 month period. Example Fruit-picking, skiing instruction, acting in a television series that is only in production for 5 months each year, acting in school holiday plays, operating a whale-watching boat, making Christmas puddings. (3) For the purposes of sections 44 and 45, a seasonal earner may elect to be compensated under those sections during the period of entitlement on a week to week basis as if a reference in those sections to the earner's pre-accident weekly earnings was a reference in a particular week to the earnings the earner could reasonably have expected to earn in that week had the injury not occurred. Note This subsection enables a seasonal earner to elect to receive weekly loss of earnings payments on the same pattern that he or she was accustomed to before the injury, that is, for instance, higher payments in weeks in which he or she would normally have been working full time and no, or lower, payments in weeks when he or she would normally have been unemployed or working part time. If no election is made the earner will receive the same amount each week based on a weekly average of his or her earnings in the last 12 months (unless another provision of section 44 or 45 applies). (4) An election under subsection (3)— (a) must be made in writing and be given to the Commission within 14 days after the earner becomes entitled to receive any payment under section 44 or 45; and
S. 46A(3) inserted by No. 34/1998 s. 8. (3) For the purposes of determining the degree of impairment of the whole person resulting from binaural hearing impairment, the percentage of the diminution of hearing determined in accordance with subsection (4) is to be converted as follows— (a) if the binaural loss of hearing is less than 10 per cent NAL, the degree of impairment is zero; (b) if the binaural loss of hearing is 10 per cent NAL, the degree of impairment is 10 per cent; (c) if the binaural loss of hearing is more than 10 per cent NAL, the degree of impairment is the percentage equivalent of the number (rounded up to the next whole number) given by the formula— 10 + [0278 (NAL 10)]— where NAL is the percentage of diminution of hearing determined in accordance with subsection (4). S. 46A(4) inserted by No. 34/1998 s. 8. (4) For the purposes of this section, the percentage of diminution of hearing— S. 46A(4)(a) amended by No. 71/2013 s. 15(a). (a) must be assessed as a binaural loss of hearing and determined— (i) by a person or class of persons approved; and (ii) in the manner approved— by the Minister; and S. 46A(4)(b) amended by No. 71/2013 s. 15(b). (b) must be assessed as a binaural loss of hearing and determined in accordance with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or
a later prescribed edition) published by the National Acoustic Laboratory. S. 46A(5) inserted by No. 34/1998 s. 8. (5) An approval by the Minister for the purposes of subsection (4)(a)(i) continues in force for the period not exceeding 12 months as is specified by the Minister in the approval unless revoked by the Minister. S. 46A(6) inserted by No. 34/1998 s. 8, substituted by No. 41/2006 s. 30(1). (6) For the purposes of assessing the degree of psychiatric impairment the A.M.A Guides apply, subject to any regulations made for the purposes of this section, as if for Chapter 14 there were substituted the guidelines entitled "The Guide to the Evaluation of Psychiatric Impairment for Clinicians". S. 46A(6A) inserted by No. 41/2006 s. 30(1), amended by Nos 71/2013 s. 14(3), 18/2016 s. 3(3). (6A) The guidelines referred to in subsection (6)— (a) must be published by the Commission in the Government Gazette; (b) have effect on the day after the day on which the guidelines are published in the Government Gazette; (c) may be amended, varied or substituted by a subsequent edition of the guidelines published by the Commission in the Government Gazette. S. 46A(7) inserted by No. 34/1998 s. 8, amended by No. 60/2007 s. 8(3)(b). (7) In this section A.M.A Guides means the American Medical Association's Guides to the Evaluation of Permanent Impairment (Fourth Edition) (other than Chapter 15) as modified by this Act.
compensation, payments in respect of those expenses. 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 inpatient 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 S. 60(2D)(c) amended by No. 71/2013 s. 20(1). (c) members of the immediate family incur reasonable travelling or accommodation expenses by reason of visiting the person referred to in paragraph (a) in hospital. S. 60(2E) inserted by No. 60/2007 s. 14(4), amended by No. 71/2013 s. 20(2). (2E) The Commission is, subject to this Act, liable to pay as compensation to the members of the immediate family payments not exceeding $10 000 in total in respect of the expenses referred to in subsection (2D)(c). S. 60(2F) inserted by No. 71/2013 s. 21(1). (2F) For the purposes of subsection (2)(a), the Commission is not liable to pay as compensation the reasonable costs of medical services that are the provision of a document obtained for purposes, or related to medico-legal purposes unless the document— (a) is requested jointly by the Commission and the person who is injured; and (b) is provided jointly to the Commission and the person who is injured; and (c) is provided by a registered health practitioner within the meaning of the Health Practitioner Regulation National Law.
S. 60(4) inserted by No. 84/2000 s. 20(1), substituted by No. 94/2004 s. 19. (4) If a person, as a result of his or her transport accident injury, reasonably requires that a home in which he or she resides in be modified, the Commission is liable— (a) to pay the reasonable costs of modifying the home; or (b) if for any reason the home cannot be reasonably modified, to contribute a reasonable amount— (i) to the purchase costs of a semi detachable portable unit; or (ii) to the costs of relocating the person to another home that is suitable for the person or that is capable of being reasonably modified. S. 60(4A) inserted by No. 94/2004 s. 19. (4A) Without limiting the factors the Commission may consider in determining the reasonable costs or amount for the purposes of subsection (4), the Commission must have regard to the following factors— (a) whether the home in which the person resides is structurally suitable for modification; (b) the nature of the person's injuries as a result of the accident; (c) how those injuries restrict, or are likely to restrict, the person's ability— (i) to enter and leave the home in which the person resides; and (ii) to move about the home for necessary purposes; (d) the extent of the modifications that will be needed to address those restrictions or likely restrictions;
S. 60(11B) inserted by No. 60/2007 s. 14(7). (11B) An Order made under subsection (11A)— (a) may fix limits that vary according to the type of supported accommodation in which a person is residing; (b) takes effect on the date that the Order is published in the Government Gazette, or on a later date specified in the Order. S. 60(12) inserted by No. 94/2004 s. 22. (12) The Commission must not make a payment under subsection (2) of more than $5000 for any equipment or item of the sort described in paragraph (g), (h) or (i) of the definition of medical service in section 3(1) unless the injured person enters into an agreement with the Commission in relation to the equipment or item. S. 60(13) inserted by No. 94/2004 s. 22. (13) Without limiting what may be included in an agreement under subsection (12), the agreement must include provisions in respect of— (a) the ownership, operation and maintenance of the equipment or item; and (b) changes of ownership of the equipment or item. S. 60A inserted by No. 94/2004 s. 23. 60A Post hospital support payments (1) This section applies if— (a) for an injury resulting from a transport accident, a person receives hospital services as an inpatient or for day surgery; and (b) the hospital services were received at least 3 years after the transport accident occurred; and (c) while in hospital, or while recovering from the treatment he or she received in the hospital, the person— (i) suffers a loss of wages; or
Pt 4 Div. 3 (Heading) substituted by No. 52/1998 s. 311(Sch. 1 item 95.4). Division 3—Reviews 77 Application to Tribunal S. 77(1) amended by Nos 52/1998 s. 311(Sch. 1 item 95.5(a)), 62/2014 s. 58(1). (1) A person whose interests are affected by a decision of the Commission may apply to the Tribunal for review of the decision. S. 77(1A) inserted by No. 62/2014 s. 58(2). (1A) An application under subsection (1) must be made by the later of— (a) 12 months after the person becomes aware of the decision; or (b) if the decision has been the subject of an application for a pre-issue review under the Protocols, 3 months after the Commission notifies the person in accordance with the Protocols of its decision on the application. S. 77(2) amended by No. 34/1998 s. 13(1), repealed by No. 52/1998 s. 311(Sch. 1 item 95.5(b)), new s. 77(2) inserted by No. 94/2004 s. 12(2). (2) Subsection (1) does not apply with respect to a decision of the Commission concerning the payment or non-payment of an interim benefit under section 47(3A). S. 77(2A) inserted by No. 34/1998 s. 13(2), repealed by No. 101/1998 s. 33. * * * * *
S. 102(2)(b) amended by Nos 127/1986 s. 102(Sch. 4 item 29.17), 84/1994 s. 29. (b) of an offence under section 49(1)(a) of the Road Safety Act 1986 or under a law that is, in relation to that Act, a corresponding law— any sum (including costs) paid by the Commission in discharge of the liability of the owner or driver in respect of the death or injury is recoverable by the Commission from the driver. S. 103 amended by No. 32/1988 s. 23. 103 Agreements by next friends etc. If a minor or a person under a legal disability is or appears to be entitled to recover damages for bodily injury caused by or arising out of the use of a motor car, section 168 applies as if a reference in that section to a motor car included a reference to a motor vehicle, a railway train or a tram. Division 3—General 104 Indemnity by third party S. 104(1) amended by Nos 84/1994 s. 42(1)(a)–(c), 34/1998 s. 15(1)(a)(b), 94/2004 s. 31(a). (1) If an injury or death arising out of a transport accident in respect of which the Commission has made payments under this Act arose under circumstances which, regardless of section 93, would have created a legal liability in Victoria or elsewhere in a person (other than a person who is entitled to be indemnified under section 94) to pay damages in respect of any loss suffered by reason of the injury or death, the Commission is entitled to be indemnified by the first-mentioned person for such proportion of the amount of the liability of the Commission to make payments under this Act in respect of the injury or death as is appropriate to the degree to which the injury or death was attributable to the act, default or negligence of the first-mentioned person.
S. 117B inserted by No. 32/1988 s. 28. 117B Obtaining benefits that are not payable (1) A person must not obtain or attempt to obtain a benefit under this Act that the person knows is not payable. (2) Without limiting the generality of subsection (1), a person must not obtain or attempt to obtain for another person or assist another person to obtain a benefit that the first-mentioned person knows is not payable to that other person. S. 117C inserted by No. 32/1988 s. 28, substituted by No. 84/1994 s. 46. 117C Failure to pay full amount of transport accident charge The owner of a registered motor vehicle must not pay as the transport accident charge an amount that the owner knows is less than the transport accident charge applicable to the motor vehicle in accordance with this Act and the regulations. 15 penalty units. 118 Obstructing officers A person must not obstruct or hinder a person acting in the administration of this Act or the regulations. 15 penalty units. 119 General penalty A person who is guilty of an offence against a provision of this Act for which a specific penalty is not prescribed is liable to a penalty not exceeding 10 penalty units for a first offence and not exceeding 20 penalty units for a second or subsequent offence against that provision. 120 Institution of prosecutions
(e) to build statistical models that identify crash risk factors, compensation cost factors and the likelihood of injury or crashes for a road user or vehicle. (2) In this section— relevant information has the same meaning as it has in section 90I of the Road Safety Act 1986; relevant person has the same meaning as it has in section 90I of the Road Safety Act 1986. 127 Access to police and other records (1) The Chief Commissioner of Police must furnish to the Commission any information relating to a transport accident in the possession or under the control of the Chief Commissioner that the Commission requests. S. 127(2) substituted by No. 84/1994 s. 51, amended by No. 73/1996 s. 97(e). (2) The Commission must pay to the Chief Commissioner of Police the reasonable costs of furnishing information to the Commission under subsection (1) as are specified in a statement given to the Commission from time to time by the Chief Commissioner of Police. S. 127(2A) inserted by No. 84/1994 s. 51. (2A) For the purposes of subsection (2), reasonable costs means the costs incurred by the Chief Commissioner of Police in addition to the costs otherwise incurred in the performance of routine report taking and investigation functions. (3) An employer of a person who is injured or dies as a result of a transport accident must furnish to the Commission such documents and other information as the Commission reasonably requires, including particulars about any payments made or to be made to the person as an employee
intends to take no further action against the service provider as a result of the referral. (5) In any other case, the suspension continues until— (a) the regulatory body advises the Commission in writing that it intends to take no further action in respect of the referral; or (b) the expiry of 6 months— whichever occurs first. (6) If a debt was suspended under this section and the suspension ends and the debt still exists, the debt is to be treated as if it first fell due 7 days after the day the suspension ends. 132 Regulations (1) The Governor in Council may make regulations for or with respect to prescribing any one or more of the following— (a) forms to be used for the purposes of this Act; (b) fees for the purposes of this Act; S. 132(1)(c) amended by No. 34/1998 s. 19. (c) fees for ambulance services, hospital services, medical services, nursing services or rehabilitation services, other than fees for services which are prescribed by or under the Health Services Act 1988; S. 132(1)(d) repealed by No. 34/1998 s. 9(b), new s. 132(1)(d) inserted by No. 94/2004 s. 27(4). (d) individual funding agreements, including the form of those agreements and additional matters and details that are to be included in those agreements; S. 132(1)(e) repealed by No. 84/2000 s. 35(2). * * * * *
(b) a person who sustained injuries that were, or whose death was, caused by or arose out of the use in before that commencement— (i) of a registered motor car; or (ii) of a motor car the identity of which cannot be established; and S. 135(2)(c) amended by No. 32/1988 s. 35. (c) a person who sustained injuries that were, or whose death was, caused by or arose out of the use in another State or in a Territory of a registered motor car on or after 15 December 1982 and before that commencement, if the person was the driver of or passenger in the motor car when the accident occurred. (3) This Division does not apply to or in relation to a person who is injured or dies as the result of an accident if, when the accident occurred the person— S. 135(3)(a) amended by No. 44/1989 s. 41(Sch. 2 item 42.7). (a) was in or on a railway train operated by the Public Transport Corporation and there was not in force at that time an agreement referred to in section 71 of the repealed Act relating to that railway train made between the Board and the Corporation; or S. 135(3)(b) amended by No. 44/1989 s. 41(Sch. 2 item 42.8). (b) was in or on a railway train operated by a person other than the Public Transport Corporation and there was not in force at that time an agreement referred to in section 72 of the repealed Act relating to that railway train made between the Board and that other person; or S. 135(3)(c) amended by No. 44/1989 s. 41(Sch. 2 item 42.9). (c) was in or on a tram or motor car operated by the Public Transport Corporation and there was not in force at that time an agreement referred to in section 73 of the repealed Act made between the Board and that Corporation; or
residence of the minor or other person under a legal disability; and S. 168(2)(b) amended by Nos 19/1989 s. 16(Sch. item 54.3), 64/1990 s. 18(2)(b). (b) if so lodged must be accompanied by an affidavit made by the parent, guardian, next friend, person standing in loco parentis, Public Trustee (as the case may be) who entered into the agreement verifying the facts upon which the agreement is based and be supported by such affidavits as are required by the rules made pursuant to this section or by the County Court. S. 168(3) amended by No. 19/1989 s. 16(Sch. item 54.4 (a)(b)). (3) As soon as may be after lodgment of any such agreement the registrar or deputy registrar shall submit it to the County Court. S. 168(4) amended by No. 19/1989 s. 16(Sch. item 54.5). (4) Such an agreement does not have any force or effect until it has been lodged and approved by order of the County Court pursuant to this section and any agreement so lodged which is with the consent of the parties approved in an amended form shall be deemed to have been lodged in the amended form. S. 168(5) amended by No. 19/1989 s. 16(Sch. item 54.6(a)). (5) Every such order shall inter alia make such provisions as the Court thinks proper for— (a) the payment into court of the whole or part of the compensation agreed to be paid; and S. 168(5)(b) amended by No. 19/1989 s. 16(Sch. item 54.6(b)(i)(ii)). (b) the allotment, investment, payment out of court or other application of the compensation (including moneys arising from investment) for the benefit of such minor or other person under a legal disability but the County Court may at any subsequent time (whether by way of variation of a former order or not) make such further order with respect to the allotment, investment, payment out of court or other application of
Act 2007, only applies to applications in respect of transport accidents that occur on or after the day after the day on which the Transport Accident and Accident Compensation Acts Amendment Act 2007 receives the Royal Assent. S. 195 inserted by No. 60/2007 s. 20. 195 Application of amendments to section 6 (1) Subject to subsection (2), section 6 as amended by section 4 of the Transport Accident and Accident Compensation Acts Amendment Act 2007 applies in respect of any payment of weekly payments and pre-accident weekly earnings made on or after the commencement of section 4 of the Transport Accident and Accident Compensation Acts Amendment Act 2007 regardless of when the transport accident occurred or the application was made. (2) If an application for review has been made to the Tribunal under section 77 before the commencement of section 4 of the Transport Accident and Accident Compensation Acts Amendment Act 2007, the application is to be determined as if section 6 had not been amended by section 4 of the Transport Accident and Accident Compensation Acts Amendment Act 2007. Pt 11 Div. 5 (Heading and ss 196–198) inserted by No. 65/2008 s. 7. Division 5—Compensation and Superannuation Legislation Amendment Act 2008 S 196 inserted by No. 65/2008 s. 7. 196 Sections 46A (Degree of impairment) and 47 (Impairment benefit) (1) Subject to subsections (2) and (3), section 46A, as amended by section 3 of the Compensation and Superannuation Legislation Amendment Act 2008, and section 47, as amended by section 4
S. 214 inserted by No. 71/2013 s. 30. 214 Amendment of section 46A (accident-related impairment) This Act, as amended by section 13 of the amending Act, applies in respect of any determination of the degree of impairment of a person injured as a result of a transport accident that occurred on or after 19 May 1998, regardless of when the injury occurred. S. 215 inserted by No. 71/2013 s. 30. 215 Amendment of section 46A (diminution of hearing) This Act, as amended by section 15 of the amending Act, applies in respect of a determination of the degree of impairment of a person injured as a result of a transport accident made on or after the commencement date, regardless of when the transport accident occurred. S. 216 inserted by No. 71/2013 s. 30. 216 Amendment of section 60 (vocational rehabilitation services) This Act, as amended by section 16 of the amending Act, applies in respect of all applications, regardless of when the applications were made. S. 217 inserted by No. 71/2013 s. 30. 217 Amendment of section 60 (increase of family counselling cap) This Act, as amended by section 17 of the amending Act, applies in respect of a claim made on or after the commencement date. S. 218 inserted by No. 71/2013 s. 30. 218 Amendment of section 60 (funeral, burial and cremation expenses) This Act, as amended by section 18 of the amending Act, applies in respect of a transport
This Act, as amended by section 25 of the amending Act, applies in respect of all claims, regardless of when the claim is made. S. 224 inserted by No. 71/2013 s. 30. 224 Amendment to section 93 (common law damages claims for mental injury due to injury or death of tortfeasor) (1) Subject to subsection (2), this Act, as amended by section 26 of the amending Act, applies in respect of a transport accident that occurs on or after the commencement date. (2) This Act, as amended by section 26 of the amending Act, does not apply to a person who, as at the commencement (a) has been issued a certificate under section 93(4)(c)(ii); or (b) has been granted leave under section 93(4)(d). S. 225 inserted by No. 71/2013 s. 30. 225 Serious injury applications This Act, as amended by section 27 of the amending Act, applies in respect of an application made on or after 16 October 2013— (a) for a certificate under section 93(4)(c)(ii); or (b) for leave under section 93(4)(d). S. 226 inserted by No. 71/2013 s. 30. 226 Amendment of section 120 (increasing the time limit for certain criminal prosecutions) This Act, as amended by section 28 of the amending Act, applies to an offence against section 116, 117 or 117C that is alleged to have been committed on or after the commencement date.
Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 95) on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s amending the Transport Accident Act 1986 Road Safety (Amendment) Act 1998, No. 57/1998 Assent Date: 13.10.98 Commencement Date: S. 29 on 1.5.99: Government Gazette 18.3.99 p. 665 : This information relates only to the provision/s amending the Transport Accident Act 1986 Road Safety (Further Amendment) Act 1998, No. 73/1998 Assent Date: 4.11.98 Commencement Date: Ss 11, 12 on 1.5.99: Government Gazette 18.3.99 p. 665 : This information relates only to the provision/s amending the Transport Accident Act 1986 Licensing and Tribunal (Amendment) Act 1998, No. 101/1998 Assent Date: 1.12.98 Commencement Date: S. 33 on 1.2.99: Government Gazette 24.12.98 p. 3204 : This information relates only to the provision/s amending the Transport Accident Act 1986 Transport Accident (Further Amendment) Act 1999, No. 5/1999 Assent Date: 28.4.99 Commencement Date: 28.4.99 : All of Act in operation National Taxation Reform (Further Consequential Provisions) Act 2000, No. 24/2000 Assent Date: 16.5.00 Commencement Date: S. 17 on 17.5.00: s. 2(1) : This information relates only to the provision/s amending the Transport Accident Act 1986 Accident Compensation (Common Law and Benefits) Act 2000, No. 26/2000 Assent Date: 30.5.00 Commencement Date: S. 28 on 1.7.97: s. 2(3); s. 29 on 13.4.00: s. 2(6); s. 33 on 31.5.00: Special Gazette (No. 75) 30.5.00 p. 1; s. 25(5)–(9) on 1.7.00: Special Gazette (No. 92) 27.6.00 p. 1 : This information relates only to the provision/s amending the Transport Accident Act 1986 Transport (Amendment) Act 2000, No. 30/2000
Assent Date: 25.7.06 Commencement Date: Ss 29, 30 on 26.7.06: s. 2(1) : This information relates only to the provision/s amending the Transport Accident Act 1986 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 104) on 11.10.06: s. 2(1) : This information relates only to the provision/s amending the Transport Accident Act 1986 Transport Accident and Accident Compensation Acts Amendment Act 2007, No. 60/2007 Assent Date: 27.11.07 Commencement Date: S. 19 on 1.1.05: s. 2(2); s. 15(1) on 1.7.05: s. 2(3); ss 3(1), 4, 8, 13, 20 on 19.9.07: s. 2(4); ss 3(2)–(6), 5–7, 9–12, 14, 15(2), 16–18, 21 on 28.11.07: s. 2(1) : This information relates only to the provision/s amending the Transport Accident Act 1986 Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 60) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Transport Accident Act 1986 Compensation and Superannuation Legislation Amendment Act 2008, No. 65/2008 Assent Date: 18.11.08 Commencement Date: Ss 3, 4 on 11.9.08: s. 2(2); ss 5–7 on 19.11.08: s. 2(1) : This information relates only to the provision/s amending the Transport Accident Act 1986 Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009 Assent Date: 10.2.09 Commencement Date: S. 37(Sch. 1 item 26) on 1.12.09: s. 2(2) : This information relates only to the provision/s amending the Transport Accident Act 1986 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009