S. 3(1) def. of hospital service substituted by No. 84/1994 s. 12. hospital service includes— (a) maintenance, attendance and treatment in any hospital; and (b) the provision by any hospital of— (i) medical attendance and treatment; and s. 3 (ii) nursing attendance; and (iii) medicines, medical, surgical and other curative materials, appliances or apparatus; and (iv) any other usual or necessary services provided by a hospital with respect to the treatment of the injury of a person; S. 3(1) def. of individual funding agreement inserted by No. 94/2004 s. 27(1). individual funding agreement means an agreement made under section 61A; S. 3(1) def. of injury amended by No. 84/2000 s. 3(3)(b). injury, except in Part 10, means physical or mental injury and includes nervous shock suffered by a person who was directly involved in the transport accident or who witnessed the transport accident or the immediate aftermath of the transport accident; S. 3(1) def. of manage inserted by No. 104/1997 s. 56(1). manage, in relation to a railway or tramway, means responsible for providing access to railway trains or trams to operate on the railway or tramway;
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— 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 (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
(h) the provision, at the request of a medical practitioner, of equipment intended to treat or stabilize any injury or condition resulting from a transport accident; Examples Examples of equipment referred to in paragraph (h) include life support equipment, ventilators and special lighting. (i) the provision of anything needed to operate, run, maintain or repair any equipment referred to in paragraph (g) or (h); s. 3 Examples Examples of things referred to in paragraph (i) include electricity, water, lubricating oil and replacement filters and batteries. Note Paragraphs (f) to (i) only apply to services provided on or after the date of commencement of section 26 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003—see section 179. S. 3(1) def. of member of the immediate family inserted by No. 60/2007 s. 3(3). member of the immediate family of a person means a partner, parent, child or sibling of the person; S. 3(1) def. of midwife inserted by No. 13/2010 s. 51(Sch. item 56.1(c)). midwife means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and (b) in the register of midwives kept for that profession;
a service or provision of that kind provided in Victoria; and (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 registered motor vehicle inserted by No. 127/1986 s. 102(Sch. 4 item 29.1(f)), amended by Nos 84/1994 s. 14, 57/1998 s. 29(1)(c), 84/2000 s. 3(3)(f). registered motor vehicle means— (a) a motor vehicle that is registered in accordance with the Road Safety Act 1986; or (b) a motor vehicle that is not so registered and is not registered under the law of another State or Territory but is usually kept in Victoria and is not exempt from
S. 25 amended by Nos 50/1988 s. 93(2)(Sch. 2 Pt 2 item 61), 61/1994 s. 42(2), substituted by No. 84/1994 s. 26. 25 Chief Executive Officer and other staff (1) There is to be a Chief Executive Officer of the Commission appointed by the Board with the approval of the Minister. (2) Subject to section 15(4), a Director is eligible to be appointed, or to continue to act, as Chief Executive Officer. (3) The term of office of the Chief Executive Officer is the term (not exceeding 5 years) specified in the instrument of appointment, and the Chief Executive Officer is eligible for re-appointment. (4) Subject to this section, the terms and conditions of appointment of the Chief Executive Officer are to be set by the Board with the approval of the Minister. (5) The Board may engage such other officers and employees as are necessary for the performance of the functions of the Commission. (6) The terms and conditions of appointment or employment are as determined by the Board. 26 Fund management agents s. 26 (1) The Commission may, for the purposes of this Act— S. 26(1)(a) amended by No. 28/2005 s. 31. (a) appoint by an instrument any person to be a fund management agent of the Commission; and S. 26(1)(b) amended by No. 28/2005 s. 31. (b) terminate any such appointment by an instrument.
be, did not contribute in any way to the transport accident. s. 40 (4) Subsection (5) applies if a person who is injured in a transport accident was driving a motor vehicle at the time of the transport accident and is convicted in respect of driving the motor vehicle at that time— (a) of an offence under section 49(1)(b), 49(1)(f) or 49(1)(g) of the Road Safety Act 1986 or under a law that is in relation to that Act, a corresponding law; and S. 40(4)(b) amended by No. 94/2003 s. 41(2). (b) the relevant level of concentration of alcohol in the person's blood was more than 005 grams per 100 millilitres of blood or in the person's breath was more than 005 grams per 210 litres of exhaled air, as the case requires. S. 40(4A) inserted by No. 80/2010 s. 4(2). (4A) Subsection (5A) applies if a person who is injured in a transport accident was driving a motor vehicle at the time of the transport accident and is convicted in respect of driving the motor vehicle at the time of an offence under section 49(1)(bb), (h) or (i) of the Road Safety Act 1986 or under a law that is in relation to that Act a corresponding law. S. 40(5) amended by No. 94/2003 s. 41(3). (5) The compensation under section 44 or 45 in respect of a person to whom subsection (4) applies— (a) is reduced by one-third if the concentration was more than 005 and less than 012; and (b) is reduced by two-thirds if the concentration was 012 or more and less than 024; and s. 40 (c) is not payable if the concentration was 024 or more—
S. 42(1)(a) amended by No. 27/2001 s. 4(Sch. 2 item 4.5). (a) the person, a dependant of the person or the surviving partner of the person is entitled to compensation in respect of the accident in accordance with this Act; and (b) a person has a right to claim compensation or a right of action in respect of the accident under the law of a place outside . S. 42(2) amended by Nos 27/2001 s. 4(Sch. 2 item 4.5), 95/2003 s. 26. (2) The person, or a dependant or a surviving partner of the person, is not entitled to compensation in accordance with this Act if, under the law of a place outside — S. 42(2)(a) amended by No. 27/2001 s. 4(Sch. 2 item 4.5). (a) the person, dependant or surviving partner has been paid or has recovered an amount of compensation or damages; or S. 42(2)(b) substituted by No. 95/2003 s. 26. (b) an award of compensation or judgment for damages has been made, given or entered in favour of the person, dependant or surviving spouse; or S. 42(2)(c) substituted by No. 95/2003 s. 26. (c) any payment into court has been accepted by the person, dependant or surviving spouse; or s. 42 S. 42(2)(d) substituted by No. 95/2003 s. 26. (d) there has been a compromise or settlement of a claim by the person, dependant or surviving spouse; or S. 42(2)(e) substituted by No. 95/2003 s. 26. (e) a claim for compensation in favour of the person, dependant or surviving spouse has been accepted; or S. 42(2)(f) inserted by No. 95/2003 s. 26. (f) the person, dependant or surviving spouse has commenced an action for damages in a court of competent jurisdiction— unless the Commission is liable under section 94(1) to pay compensation to the person,
Commission to carry out an impairment assessment— the Commission is to be taken to have made a determination that the degree of impairment is 0%. S. 46A(1B) inserted by No. 84/2000 s. 13. (1B) The period of 6 years referred to in subsection (1A) applies— (a) in respect of a transport accident that occurred before the commencement of section 13 of the Transport Accident (Amendment) Act 2000, from the commencement of that section; and S. 46A(1B)(b) amended by No. 80/2010 s. 5(2)(a). (b) in respect of a transport accident that occurs on or after the commencement of section 13 of the Transport Accident (Amendment) Act 2000, from the time that the transport accident occurs; and S. 46A(1B)(c) inserted by No. 80/2010 s. 5(2)(b). (c) in the case of an injury to a person who was a minor at the time of the transport accident, from the day on which the person attains the age of 18 years. S. 46A(1C) inserted by No. 94/2004 s. 10(4). (1C) If an injury of a person who was not a minor when the accident occurred has not stabilised 3 years after the accident, or 3 years after any injury first manifests itself (as the case may be), the person may ask the Commission— (a) to determine his or her degree of impairment; or s. 46A (b) to wait until the injury has stabilised before determining his or her degree of impairment. S. 46A(1D) inserted by No. 94/2004 s. 10(4). (1D) The Commission must comply with any request under subsection (1C) that is made in writing and, in the case of a request made under subsection
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. S. 46A(8) inserted by No. 34/1998 s. 8, repealed by No. 95/2003 s. 27 (as amended by No. 28/2005 s. 32), new s. 46A(8) inserted by No. 94/2004 s. 10(5). s. 46A (8) If the Commission is required to assess the degree of impairment of a person whose injury has not stabilised, for the purposes of that assessment— (a) unless the contrary intention appears in this section, the degree of impairment to be assessed is the degree of current impairment as at the date of the determination of the assessment; and S. 46A(8)(b) amended by No. 60/2007 s. 8(3)(b). (b) any reference to permanent impairment in the A.M.A Guides is to be read as a reference to current impairment. S. 46A(9) inserted by No. 34/1998 s. 8, repealed by No. 95/2003 s. 27 (as amended by No. 28/2005 s. 32), new s. 46A(9) inserted by No. 41/2006 s. 30(2). (9) Subject to subsection (10), this section as amended by section 30 of the Accident Compensation and Other Legislation (Amendment) Act 2006 applies in respect of transport accidents on or after the commencement of section 30 of the Accident Compensation and Other Legislation (Amendment) Act 2006. S. 46A(10) inserted by No. 41/2006 s. 30(2). (10) Despite subsection (9), if the first guidelines under this section as amended by section 30 of the Accident Compensation and Other Legislation (Amendment) Act 2006 are not in force on the commencement of section 30 of that Act, this section as in force before that commencement
of the degree of impairment to which the Regulations apply as if the provisions of the Regulations were substituted for subsections (2) to (7) of section 46A. S. 46B inserted by No. 60/1996 s. 35. 46B Assessment of impairment s. 46B (1) In determining a degree of impairment of a person, regard must not be had to any psychiatric or psychological injury, impairment or symptoms arising as a consequence of, or secondary to, a physical injury. (2) Subsection (1) applies to a determination of a degree of impairment under this Act made on or after the commencement of section 35 of the Accident Compensation (Further Amendment) Act 1996, other than a determination made by the Administrative Appeals Tribunal in respect of an application for review under section 77 of this Act made before that commencement. S. 46C inserted by No. 95/2003 s. 28. 46C Rounding of assessments of impairment (1) Despite anything to the contrary in the A.M.A. Guides, in determining a person's degree of impairment for the purposes of section 46A, 47, 54 or 55, no number determined under the A.M.A. Guides is to be rounded up or down, regardless of whether the number represents an initial, an intermediate, a combined or a final value, unless the rounding is expressly required or permitted by this Act. (2) A number determined under the A.M.A. Guides must be rounded to the nearest whole percent. Example: A final degree of impairment of 95% must be rounded to 10%. A final degree of impairment of 84% must be rounded to 8%. Note
S. 50(2)(c) amended by No. 84/1994 s. 33(3)(c). (c) if the earner has dependants—an amount equal to the sum of— S. 50(2)(c)(i) amended by No. 84/1994 s. 55(2)(e). (i) $270; and S. 50(2)(c)(ii) amended by No. 84/1994 s. 55(2)(c). (ii) $76 for one dependant; and S. 50(2)(c)(iii) amended by No. 84/1994 s. 55(2)(a). (iii) $25 for each other dependant— less the earner's post-accident earning capacity— whichever is the greater. (3) A weekly payment under this section must not exceed— S. 50(3)(a) amended by No. 84/1994 ss 33(3)(d), 55(2)(h). (a) $504, less the earner's post-accident earning capacity; or S. 50(3)(b) amended by Nos 84/1994 s. 33(3)(e), 84/2000 s. 15(4). (b) 100 per centum of the earner's pre-accident earning capacity, less the earner's earning capacity— whichever is the lesser. s. 50 (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
(a) restore the entitlement of the person to receive weekly payments; and (b) take into account earnings received during the period of the return to work. 56 Redemption of payments if less than certain amount S. 56(1) amended by Nos 94/2004 s. 11(5)(c)(i)(ii), 44/2014 s. 33(Sch. item 29(2)). s. 56 (1) If the amount of the weekly payment in respect of loss of earning capacity under section 49, 50 or 51 to which a person is entitled is at any time less than 5 per centum of average weekly earnings of all employees for Victoria last published by the Australian Bureau of Statistics, the Commission must redeem those payments under that section and pay to the person an amount determined in accordance with the regulations. S. 56(2) amended by No. 94/2004 s. 11(5)(d). (2) A person to whom a payment is made under this section ceases to be entitled to benefits under section 49, 50 or 51. S. 56A inserted by No. 80/2010 s. 6. 56A Redemption of impairment benefit annuity in respect of pre 16/12/2004 transport accidents (1) This section applies to a person who, immediately before the commencement of section 13 of the Transport Accident (Amendment) Act 2004— (a) was receiving periodic payments in accordance with section 48 as then in force; or (b) had an accrued entitlement to such payments, regardless of whether or not the person's impairment benefit had been assessed. (2) Unless the periodic payments are redeemed in accordance with this section or the person accepts an offer made under subsection (4), the person is entitled to continue to receive periodic payments in accordance with section 48 as if sections 11 and 13 of the Transport Accident (Amendment) Act 2004 had not been enacted.
S. 57 (Heading) inserted by No. 27/2001 s. 4(Sch. 2 item 4.6). 57 Death benefit for surviving partner s. 57 S. 57(1) amended by Nos 84/2000 s. 3(5)(a), 27/2001 s. 4(Sch. 2 item 4.7(a)). (1) The Commission is liable to pay a death benefit under this section to a surviving partner of a person who dies as a result of a transport accident. S. 57(2) amended by Nos 32/1988 s. 14(2)(a), 84/1994 s. 55(2)(n), 84/2000 s. 3(5)(b). (2) Subject to subsection (4), the amount of the death benefit under this section is the amount calculated in accordance with the formula— where A is— S. 57(2)(a) amended by No. 84/2000 s. 3(5)(b). (a) if at the date of death the person was 75 or over—75; or S. 57(2)(b) amended by No. 84/2000 s. 3(5)(b). (b) if at the date of death the person was 25 or under—25; or 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—
the capacity of other members of the person's household to carry out such services. S. 60(2A) inserted by No. 84/2000 s. 19(1). (2A) The Commission is liable to pay as compensation in respect of a person who is injured or dies as a result of a transport accident— S. 60(2A)(a) amended by Nos 94/2004 s. 16(1), 60/2007 s. 14(2), 71/2013 s. 17(1). (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 $15 000 in respect of that death or severe injury; and S. 60(2A)(b) amended by No. 71/2013 s. 18(1). (b) where death results from the transport accident, the reasonable costs incurred in Australia of a funeral, burial, cremation, monument or any other expense declared by Order of the Governor in Council to be a prescribed expense for the purposes of this section, where the total amount of the expenses does not exceed $14 135. 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—
made after any subsequent attempt to return to work. S. 60(2C) inserted by No. 84/2000 s. 19(1), amended by No. 27/2001 s. 4(Sch. 2 item 4.11(b)). (2C) If a parent of a dependent child injured and admitted to hospital as a result of a transport accident incurs reasonable travelling or accommodation expenses by reason of visiting the dependent child in the hospital, the Commission is, subject to this Act, liable to pay as compensation, payments in respect of those expenses. s. 60 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—
S. 67(1)(a) substituted by No. 80/2010 s. 8. (a) must be in a form approved by the Commission; and S. 67(1)(b) repealed by No. 84/2000 s. 23(1). * * * * * (c) must be lodged with the Commission. S. 67(1A) inserted by No. 84/2000 s. 23(2), repealed by No. 71/2013 s. 12(4). * * * * * (2) A defect, omission or irregularity in a claim for compensation does not affect the validity of the claim and the claim must be dealt with in accordance with this Act unless the defect, omission or irregularity relates to information which is not within the knowledge of the Commission. S. 67(3) inserted by No. 32/1988 s. 18(2), repealed by No. 84/2000 s. 23(1). * * * * * S. 67A inserted by No. 71/2013 s. 24. 67A Authority to release information (1) A person who makes a claim for compensation under this Act must, as soon as is practicable after being requested to do so by the Commission, sign an authority to release relevant medical or other information to the Commission for the purpose of processing, assessing or otherwise managing the claim. (2) An authority to release information must be in a form approved by the Commission.
S. 78(5) inserted by No. 84/2000 s. 27(3). (5) If the Commission has not received the particulars and information required under subsection (2) within 180 days of giving the notice, the Commission may apply to the Tribunal to have the proceedings dismissed or struck out. S. 79 amended by No. 32/1988 s. 19(2)(a)(b). s. 79 79 Costs (1) If an applicant fails, without reasonable excuse, to give the further and better particulars or further information requested by the Commission or fails to give those particulars or that information within a reasonable time, the Tribunal may take the failure into account when making an order for costs in respect of the proceedings. S. 79(2) inserted by No. 32/1988 s. 19(2)(c), amended by No. 52/1998 s. 311(Sch. 1 item 95.6). (2) The Tribunal may make such orders as to costs in respect of a proceeding under this Act as it thinks just, including an order requiring a representative of a party who appeared before the Tribunal to pay costs. S. 79(3) inserted by No. 84/2000 s. 27(4). (3) This section is subject to sections 112 to 115 of the Victorian Civil and Administrative Tribunal Act 1998. 80 Commission may vary decision (1) If, after reconsidering its decision, the Commission determines that the decision should be varied or revoked, it may vary or revoke the decision accordingly. S. 80(2) substituted by No. 84/2000 s. 27(5). (2) Within 14 days of holding a conference or concluding the review under section 78(4), the Commission must give notice in writing to the applicant and the Tribunal that it has determined to— (a) re-affirm the decision; or (b) vary or revoke the decision as specified in the notice.
S. 80(3) inserted by No. 84/2000 s. 27(5). (3) If the Commission fails to comply with section 78(2) or 78(4) or fails to give notice under subsection (2), the Commission is deemed to have determined to re-affirm the decision. S. 81 repealed by No. 52/1998 s. 311(Sch. 1 item 95.7). * * * * * S. 82 amended by No. 84/1994 s. 39(1). s. 82 82 Application of Division (1) This Division does not apply to an application to the Tribunal under section 70(3). S. 82(2) inserted by No. 84/1994 s. 39(2). (2) This Division (other than sections 78 and 80) applies to an application to the Tribunal under section 47(7B). S. 83 repealed by No. 52/1998 s. 311(Sch. 1 item 95.7). * * * * * _______________ 84 Definitions s. 84 In this Part— insured trailer means a trailer to which a contract of insurance under this Part applies; S. 84 def. of trailer amended by No. 32/1988 s. 20(1). trailer means a trailer within the meaning of the Road Safety Act 1986 or a trailer within the meaning of, and registered or about to be registered in under, the Interstate Road Transport Act 1985 of the Commonwealth or, if that Act is amended, that Act as amended and in force for the time being. 85 Survival of actions
(iii) if damages are awarded, costs are to be awarded against the defendant. S. 93(12A) inserted by No. 84/1994 s. 10(4). (12A) Damages awarded in accordance with subsection (8) in respect of the death of a person must not include damages in respect of services in the nature of housekeeping or the care of a child which would have been provided by the deceased person. (13) Where an award of damages in accordance with this section is to include compensation, assessed as a lump sum, in respect of damages for future loss which is referable to— s. 93 (a) deprivation or impairment of earning capacity; or (b) loss of the expectation of financial support; or (c) a liability to incur expenditure in the future— the present value of the future loss must be qualified by adopting a discount rate of 6 per centum in order to make appropriate allowance for inflation, the income from investment of the sum awarded and the effect of taxation on that income. (14) Except as provided by subsection (13), nothing in that subsection affects any other law relating to the discounting of sums awarded as damages. S. 93(15) amended by No. 34/1998 s. 14(b). (15) A court must not, in relation to an award of damages in accordance with this section, order the payment of interest, and no interest shall be payable, on an amount of damages, other than damages referable to loss actually suffered before the date of the award, in respect of the period from the date of the death of or injury to the person in respect of whom the award is made to the date of the award. s. 93
S. 94(2)(b) amended by Nos 44/1989 s. 41(Sch. 2 item 42.3), 84/1994 s. 45(b)(i)(ii), 104/1997 s. 56(4), 26/2000 s. 28. (b) in respect of a railway train or tram during any period in respect of which an agreement under section 115 in respect of the railway train or tram is not in force; or s. 94 S. 94(2)(c) inserted by No. 26/2000 s. 28, amended by No. 54/2000 s. 25(6). (c) in respect of any liability of the owner or driver of a registered motor vehicle or the operator, owner or driver of a railway train or tram or the manager of the railway or tramway on which a railway train or tram is operated, to pay compensation for a matter for which compensation is awarded under Subdivision (1) of Division 2 of Part 4 of the Sentencing Act 1991. S. 94(2A) inserted by No. 84/2000 s. 31(1). (2A) Subsection (1) does not apply in respect of any liability in respect of a transport accident involving an organised motor vehicle race or speed trial or a test in preparation for such a race or trial to which section 41(1) applies. S. 94(2B) inserted by No. 94/2004 s. 30. (2B) With respect to subsection (2)(aa), subsection (1) does apply in respect of any period when the charge was unpaid if the charge was subsequently paid within 28 days after it was due to be paid. (3) If judgment is entered against the owner or driver in respect of liability in respect of which the Commission is liable under this section to indemnify the owner or driver, the judgment creditor may recover against the Commission a sum equivalent to the amount (including costs) unpaid in respect of the judgment or the amount of the liability of the Commission under the indemnity, whichever is the lesser. (4) A judgment creditor may not recover against the Commission under subsection (3) unless the judgment creditor gave to the Commission before,
(c) is not entitled to be indemnified in respect of the payment of those damages under a contract of insurance complying with Division 1 of Part V of the Motor Car Act 1958 as in force immediately before the commencement of section 34; and (d) is not a person with whom an agreement under section 70, 71, 72, 73 or 74 of the Motor Accidents Act 1973 was in force at the time of the accident— the first-mentioned person is liable to pay to the Commission the amount paid by the Commission or the Motor Accidents Board or, if the amount of the damages recovered is less than the amount paid by the Commission or the Motor Accidents Board, the amount of the damages. (2) In subsection (1), damages does not include an amount of compensation paid under the provisions of section 98 of the Accident Compensation Act 1985 or section 11 of the Workers Compensation Act 1958 or of a law that is, in relation to those provisions, a corresponding law. s. 106 106 Contributory negligence If damages recoverable by a person in respect of an injury or death as a result of an accident to which Division 1 of Part 10 applies were reduced or an amount recoverable by a person by way of indemnity in respect of an injury or death was reduced by reason that the person who was injured or died was partly responsible for the injury or death, the amount payable to the Commission under section 105 is reduced by the amount that bears, in relation to the amount paid by the Commission, the same proportion as the amount by which the damages recovered were, or the amount recovered by way of indemnity was, reduced bears to the damages or amount by way
regulations made under Part 2 of that Act unless the owner has paid the transport accident charge for the relevant prescribed period or periods. S. 109(4) amended by No. 127/1986 s. 102(Sch. 4 items 29.2, 29.15), substituted by Nos 32/1988 s. 25, 84/1994 s. 43(2). (4) If a transport accident charge payable at the prescribed time or interval following the expiry of a prescribed period of 6 months or more is paid within 28 days after that prescribed time or interval, the charge is deemed for the purposes of this Act to have been paid at the prescribed time or interval. S. 109(4A) inserted by No. 17/1993 s. 11(2). (4A) The Commission may require the owner of a registered motor vehicle to pay, together with the transport accident charge applicable to the vehicle in respect of a period beginning on or after 1 July 1993, an additional amount not exceeding the amount of stamp duty payable by the 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
S. 114 repealed by No. 44/1989 s. 41(Sch. 2 item 42.5). * * * * * S. 115 amended by No. 44/1989 s. 41(Sch. 2 item 42.6), substituted by No. 84/1994 s. 44. s. 115 115 Agreements in respect of the operation of trains or trams S. 115(1) substituted by No. 104/1997 s. 56(6). (1) The Commission may enter into an agreement with the manager of a railway or tramway in relation to the payment of charges for the purposes of this Act in respect of the operation of railway trains or trams on that railway or tramway. S. 115(2) substituted by No. 104/1997 s. 56(6). (2) A person must not provide access to a railway or tramway to the owner or operator of a railway train or a tram if there is not in force an agreement under subsection (1) in relation to that railway or tramway. S. 115(2A) inserted by No. 104/1997 s. 56(6). (2A) A person who is seeking to enter into an agreement with the Commission under subsection (1), or who has entered into such an agreement, must furnish to the Commission any documents and other information that the Commission may reasonably require in order to enable it to determine the amount of charges payable for the purposes of this Act in respect of the operation of railway trains or trams on a railway or tramway. S. 115(3) amended by No. 104/1997 s. 56(7). s. 115 (3) A person who contravenes subsection (2) or (2A) is guilty of an offence against this Act. S. 115(4) inserted by No. 104/1997 s. 56(8). (4) An agreement under section 113 or subsection (1) in force immediately before the commencement of section 56 of the Rail Corporations
S. 124(2) inserted by No. 84/1994 s. 49(2), substituted by No. 94/2004 s. 33. (2) A document that has written on it, or that is accompanied by, a statement signed by the Chief Executive Officer certifying that the document is a copy of all, or a specified part, of a specified original document is to be admitted in any proceeding as if it were the original document, or the part of the original document, as the case may be. S. 124(3) inserted by No. 94/2004 s. 33. (3) Subsection (2) only applies if the document looks as if it has been produced by a mechanical or electronic process. S. 124(4) inserted by No. 94/2004 s. 33. (4) Subsection (2) does not apply if it is established that the document is not a true copy of the original document. S. 124A inserted by No. 32/1988 s. 30. s. 124A 124A Certificate of Commission A certificate purporting to be issued by the Commission certifying that— (a) a person named in the certificate was liable to pay a transport accident charge; or (b) a person has paid a transport accident charge specified in the certificate; or (c) a person has not paid a transport accident charge specified in the certificate— is admissible in evidence, and in the absence of evidence to the contrary, is proof of the matters so certified. 125 Payment after death of person entitled If a person injured as a result of a transport accident dies after the Commission has determined the amount of a payment or benefit under section 47 to which the person was entitled immediately before the death but before the payment is made, the Commission is liable to make the payment to the legal personal representative of the person.
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 s. 132 (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). s. 135 (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
S. 182 inserted by No. 95/2003 s. 32. 182 Section 70 (Decision on eligibility for compensation) s. 182 Section 70(3)(b), as amended by section 31 of the amending Act, applies to all claims— (a) that are in existence on the commencement date; or (b) that are made on or after the commencement date; (c) that lapsed before the commencement date, but in respect of which an application for a review could have been made to the Tribunal had section 70(3)(b), as amended by section 31, been in force at the end of the period specified in section 70(1) or 70(2) (as the case requires). Pt 11 Div. 3 (Heading and ss 183–192) inserted by No. 94/2004 s. 36. Division 3—Transport Accident (Amendment) Act 2004 S. 183 inserted by No. 94/2004 s. 36. 183 Definitions In this Division— amending Act means the Transport Accident (Amendment) Act 2004; commencement date means the day after the day on which the amending Act receives the Royal Assent. S. 184 inserted by No. 94/2004 s. 36. 184 Changes that apply to all claims This Act, as amended by sections 2–4, 7, 14, 15(1), 15(2) and 16–37 of the amending Act, applies with respect to all transport accidents, regardless of when they occurred, and to all applications in respect of such accidents, regardless of when the applications were made.
S. 210 inserted by No. 71/2013 s. 30. 210 Amendment relating to incidents involving train, tram or bus doors s. 210 This Act, as amended by section 7 of the amending Act, applies in respect of a transport accident that occurs on or after the commencement date. S. 211 inserted by No. 71/2013 s. 30. 211 Amendment of section 39 (corresponding law) This Act, as amended by section 10 of the amending Act, applies in respect of a transport accident that occurs on or after the commencement date. S. 212 inserted by No. 71/2013 s. 30. 212 Amendments of section 42 (definitions of law of a place outside Victoria and proceedings outside Victoria) This Act, as amended by section 11 of the amending Act, applies in respect of a transport accident that occurs on or after the commencement date. S. 213 inserted by No. 71/2013 s. 30. 213 Amendments regarding person making a claim in their own right for common law damages for injury This Act, as amended by section 12 of the amending Act, applies in respect of a transport accident that occurs on or after the commencement date. 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. 220 inserted by No. 71/2013 s. 30. 220 Amendment of section 60 (travel expenses) s. 220 This Act, as amended by section 20 of the amending Act, applies in respect of a request for compensation under section 60(2E), regardless of when the claim was lodged. S. 221 inserted by No. 71/2013 s. 30. 221 Amendments relating to reimbursement of medical reports This Act, as amended by section 21 of the amending Act, applies in respect of an examination made on or after 1 July 2014, in circumstances where the examination is made for the purposes of the provision of a document obtained for medico-legal purposes, or related to medico-legal purposes. S. 222 inserted by No. 71/2013 s. 30. 222 Amendment of section 61A (individual funding agreements) This Act, as amended by section 23 of the amending Act, applies in respect of all claims, regardless of when the claim is made. S. 223 inserted by No. 71/2013 s. 30. 223 Amendment of section 74 (cessation or review of liability to pay compensation in certain circumstances) 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.
(b) a decision of which a person became aware within 12 months before the commencement day, unless the person had applied for review of the decision under section 77(1) before the commencement day. (2) In this section— amending Act means the Courts Legislation Miscellaneous Amendments Act 2014; commencement day means the day on which section 59 of the amending Act comes into operation. s. 228 __________________ Pt 12 (Heading) repealed by No. 34/1998 s. 17(c). * * * * * Ss 178, 179 repealed by No. 34/1998 s. 17(c). * * * * * S. 180 amended by No. 44/1989 s. 41(Sch. 2 item 42.11), repealed by No. 84/1994 s. 55(1)(k). * * * * * S. 181 repealed by No. 84/1994 s. 55(1)(k). * * * * * s. 178 SCHEDULES