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;
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. S. 3(9) inserted by No. 94/2004 s. 27(2). (9) A reference to the payment of compensation to a person by the Commission in this Act includes a reference to any amount paid in advance in respect of compensation by the Commission to the person under an agreement authorised by this Act. 4 Pre-accident weekly earnings S. 4(1) amended by No. 32/1988 s. 5(1)(a)(b), substituted by No. 94/2004 s. 5(1). (1) In this Act, pre-accident weekly earnings, in relation to an earner (other than a self-employed person) who is injured as a result of a transport accident, means the weekly average of the gross earnings received by the earner as an earner during the 12 months immediately before the relevant day, unless subsection (2) applies. S. 4(1A) inserted by No. 32/1988 s. 5(2), substituted by No. 94/2004 s. 5(1). (1A) In this section relevant day means the day of the accident or the day when the injury first manifested itself, whichever is the later day.
(2) The Commission— (a) is a body corporate with perpetual succession; and S. 10(2)(b) repealed by No. 28/2005 s. 30(1). * * * * * (c) may sue and be sued in its corporate name; and (d) is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions and exercising its powers; and (e) is capable of doing and suffering all acts and things which bodies corporate may by law do and suffer and which are necessary or expedient for performing its functions and exercising its powers. S. 10(3) substituted by No. 28/2005 s. 30(2). (3) A document is executed by the Commission if the document is signed by— (a) 2 Directors of the Board of Management of the Commission; or (b) 1 Director of the Board of Management of the Commission and the person who is designated by the Board of Management of the Commission to be the Secretary to the Board of Management of the Commission. S. 10(4) substituted by No. 28/2005 s. 30(2). (4) A person may assume that a document has been duly executed by the Commission if the document appears to have been signed in accordance with subsection (3). S. 10(5) inserted by No. 28/2005 s. 30(2). (5) All courts, judges and persons acting judicially must take judicial notice of the signatures on a
37 Circumstances where Commission not liable to pay compensation S. 37(1) amended by No. 84/1994 s. 28(1). (1) The Commission is not liable to pay compensation in respect of a person who is injured or dies as a result of a transport accident to a person who is, or appears to the Commission to be, entitled to compensation in respect of that injury or death under— S. 37(1)(a) amended by No. 84/1994 s. 55(1)(d). (a) Part V of the Country Fire Authority Act 1958; or S. 37(1)(b) amended by No. 24/2006 s. 6.1.2(Sch. 7 item 41.2). (b) Part 5.6 of the Education and Training Reform Act 2006; or S. 37(1)(c) substituted by No. 53/2000 s. 98(1). (c) Part 8 of the Juries Act 2000; or (d) the Police Assistance Compensation Act 1968; or S. 37(1)(e) amended by No. 84/1994 s. 55(1)(e), substituted by No. 51/2005 s. 58(9). (e) the Victoria State Emergency Service Act 2005; or (f) the Emergency Management Act 1986; or S. 37(1)(g) substituted by No. 84/1994 s. 28(1), amended by No. 67/2013 s. 649(Sch. 9 item 32(7)). (g) a law of the Commonwealth or of another State or of a Territory that corresponds to the Accident Compensation Act 1985, the Workplace Injury Rehabilitation and Compensation Act 2013 or to a law referred to in one of the preceding paragraphs.
cause injury to that person or any other person; and (ii) is convicted of that offence. S. 40(2) amended by No. 94/2004 s. 11(5)(a). (2) The Commission is not liable to pay compensation under section 44, 45, 47, 49, 50 or 51 to a person who is injured in a transport accident if the person— (a) was driving a motor vehicle at the time of the transport accident; and S. 40(2)(b) amended by Nos 80/2010 s. 4(1), 43/2012 s. 3(Sch. item 52). (b) is convicted of an offence in relation to the transport accident under section 49(1)(ba), (c), (ca), (d), (e), (ea) or (eb), 56(2) or 56(7) of the Road Safety Act 1986 or under a law that is, in relation to that Act, a corresponding law. S. 40(3) amended by Nos 94/2003 s. 41(1)(b), 94/2004 s. 11(5)(a). (3) The Commission is not liable to pay compensation under section 47, 49, 50 or 51 to a person who is injured in a transport accident if the person 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)(a) of the Road Safety Act 1986 or under a law that is, in relation to that Act, a corresponding law; or S. 40(3)(b) amended by No. 94/2003 s. 41(1)(a). (b) 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 the relevant level of concentration of alcohol in the person's blood was 024 grams or more per 100 millilitres of blood or in the person's breath was 024 grams or more per 210 litres of exhaled air, as the case requires— unless the person satisfies the Commission that the intoxicating liquor or drug or the concentration
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(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
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(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, dependant or surviving spouse under the law of a place outside Victoria. S. 42(3) amended by No. 27/2001 s. 4(Sch. 2 item 4.5). (3) If the person, a dependant or a surviving partner of the person— (a) receives compensation under this Act in respect of a transport accident; and (b) under the law of a place outside — (i) receives compensation or damages; or (ii) obtains an award of compensation or judgment for damages; or (iii) payment into court has been accepted; or (iv) there has been a settlement or compromise of a claim—
S. 46A(1)(b) substituted by No. 94/2004 s. 10(1). (b) if the person was a minor when the accident occurred or when the injury first manifested itself— (i) when the person attains the age of 18 years, if the injury has stabilised by that time; or (ii) in any other case— (A) when the injury stabilises; or (B) when the person attains the age of 21 years— whichever occurs first. S. 46A(1AA) inserted by No. 94/2004 s. 10(2). (1AA) Despite subsection (1), the Commission must not determine the degree of impairment within 3 months after the accident. S. 46A(1AB) inserted by No. 94/2004 s. 10(2). (1AB) If a person applies to the Commission for a determination of his or her degree of impairment as a result of a transport accident more than 2 years after the day of the accident, or the day when any injury first manifested itself, whichever is the later day, the Commission must, if it is of the opinion that the person is, or is likely to be, entitled to an impairment benefit, determine the person's degree of impairment— (a) if the injury had stabilised by the date that the application was made, within 12 months after that date; or (b) in any other case, within— (i) 12 months after the injury stabilises; or (ii) 2 years after the date the application was made— whichever occurs first.
(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 (1C)(a), must do so within 12 months after receiving the request. S. 46A(1E) inserted by No. 94/2004 s. 10(4). (1E) If a person who is eligible to make a request under subsection (1C) does not make such a request within 90 days after the date he or she becomes eligible to make the request, the Commission must determine the degree of impairment of the person within 12 months after that date. S. 46A(1F) inserted by No. 71/2013 s. 13. (1F) When determining the degree of impairment under this section, section 47(7) or section 47(7A), the Commission must— (a) not include impairments resulting from injuries or causes that are unrelated to the transport accident; and (b) in the case of a person who has an injury that existed before the transport accident that is aggravated by an injury that was the result of a transport accident— (i) in the case of a spinal injury, use the apportionment methodology set out in Chapter 3.3f of the A.M.A Guides; (ii) in any other case, use the subtraction methodology set out in Chapter 2 of the A.M.A Guides. S. 46A(2) inserted by No. 34/1998 s. 8. (2) In this Part, a reference to the determination of a degree of impairment is a reference to a determination by the Commission— (a) made in accordance with—
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). (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 continues to apply in respect of transport accidents on or after that commencement until the first guidelines are in force. Note This section, as amended by section 10 of the Transport Accident (Amendment) Act 2004 (which amended subsections (1) and (1A) and inserted subsections (1AA)–(1AD),
(5) If the amount of an interim benefit paid to a person exceeds the amount of the impairment benefit, the Commission is not entitled to recover the difference from that person. S. 47(6) amended by No. 32/1988 s. 12(4), substituted by No. 84/2000 s. 14(3). (6) If as a result of two or more transport accidents, a person has a total degree of impairment that is more than 10 percent suffered as a result of the transport accidents— S. 47(6)(a) repealed by No. 94/2004 s. 11(4). * * * * * (b) section 93(3) does not apply unless the degree of impairment is determined to be 30 percent or more as the result of one of the transport accidents. S. 47(7) substituted by No. 32/1988 s. 12(5), amended by No. 84/1994 s. 32(1)(a)(b), substituted by No. 84/2000 s. 14(4), amended by No. 60/2007 s. 9. (7) Despite sections 46A(1) and 46A(1AA), the Commission may for the purposes of proceedings for the recovery of damages in respect of the injury at any time determine the degree of impairment of a person who is injured as a result of a transport accident and who— S. 47(7)(a) amended by No. 65/2008 s. 4, substituted by No. 71/2013 s. 12(2). (a) has made a claim, other than a claim for payments under section 57, 58 or 59 or a claim for compensation under section 60(2A), (2C) or (2E) within the period of time provided by section 68 that has been accepted by the Commission; or S. 47(7)(b) amended by No. 95/2003 s. 29. (b) is not entitled to compensation under this Act by virtue of section 37, 38, 38A or 42—
if the Commission is satisfied that the injury has stabilised or has substantially stabilised. S. 47(7A) inserted by No. 32/1988 s. 12(5). (7A) If the Commission determines under subsection (7)(a) the degree of impairment of a person who is injured as a result of a transport accident, the Commission may make a further determination of the degree of impairment of that person in substitution for the determination under subsection (7) 18 months after the accident occurred or in the case of a minor, when the person attains the age of 18 years. S. 47(7B) inserted by No. 84/1994 s. 32(2). (7B) If the Commission determines under subsection (7) that— (a) the degree of impairment of a person who is injured is not the result of a transport accident; or (b) the degree of impairment of a person is less than 30 percent; or (c) the degree of impairment cannot be determined because the injury has not stabilised or has not substantially stabilised— the person may apply to the Tribunal for review of the decision. S. 47(8) amended by No. 32/1988 s. 12(6). (8) This section, other than subsection (7), continues to apply in respect of a person who is injured in a transport accident, despite the determination of a degree of impairment under that subsection unless the person has recovered damages in accordance with Part 6.
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(2B) def. of parent inserted by No. 27/2001 s. 4(Sch. 2 item 4.11 (a)(iii)), amended by No. 94/2004 s. 3(3)(a). parent of a dependant child includes— (a) a person who has day to day care and control of the child and with whom the child is ordinarily resident; (b) a guardian of the child. S. 60(2B) def. of severe injury repealed by No. 94/2004 s. 3(3)(b). * * * * * S. 60(2BA) inserted by No. 94/2004 s. 17(1), amended by No. 71/2013 s. 19(1). (2BA) The Commission is liable to pay as compensation to an earner who is injured as a result of a transport accident the reasonable costs of travelling to and from work for up to 24 weeks after first returning to work after the accident if the earner is unable, because of the injuries received as a result of the accident, to undertake that travel in the way that he or she usually did before the accident, but the total payment made under this subsection to the earner as a result of the accident is not to exceed $1000. S. 60(2BB) inserted by No. 71/2013 s. 19(2). (2BB) For the purposes of subsection (2BA)— (a) the 24 weeks do not have to be consecutive; and (b) if more than one attempt to return to work is made after the accident, a claim may be
(c) responding to a decision of the Commission under Parts 3 and 4 or in contemplation of such a decision; (d) for the purposes of an application under section 77 for a review of a decision, or in contemplation of such an application. S. 60(2H) inserted by No. 71/2013 s. 21(1). (2H) For the purposes of subsection (2F), a document is not obtained for medico-legal purposes if the document is obtained from a person's treating medical practitioner. S. 60(2I) inserted by No. 71/2013 s. 21(1). (2I) In this section— document includes but is not limited to a medical report; treating medical practitioner, in relation to a person who is injured in a transport accident, is a person who has provided medical services to the injured person before being requested to provide a document. 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 (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.
D is the amount shown, or calculated in accordance with a formula set out in, the table in section 47(2). E is the all groups consumer price index for Melbourne in original terms for the most recent reference period in the preceding calendar year last published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made. F is the all groups consumer price index for Melbourne in original terms for the corresponding reference period one year earlier than the reference period referred to in E last published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made. S. 61(2B) inserted by No. 60/2007 s. 15(2), amended by No. 44/2014 s. 33(Sch. item 29(6)). (2B) An amount calculated in accordance with section 54A must be varied, in respect of the financial year beginning on 1 July 2008 and each subsequent financial year, in accordance with the formula— where— D is the amount calculated in accordance with section 54A. E is the average weekly total earnings of all employees in original terms in Victoria for the most recent reference period in the preceding calendar year last published by the Australian Bureau of Statistics as at 15 June
S. 61(4)(a) amended by No. 32/1988 s. 16(3). (a) this Division (including this section) or Part 6 has effect as if a reference to the amount were a reference to the amount as so varied; and (b) payments of compensation calculated with reference to the amount must be varied accordingly. S. 61(5) inserted by No. 32/1988 s. 16(4), substituted by No. 94/2004 s. 5(3). (5) An increase in the amount of a weekly payment under section 44 or 45 by reason of this section takes effect even if it increases the amount of the weekly payment to more than 100% of preaccident weekly earnings, but does not take effect to the extent (if any) to which it increases the amount of the weekly payments to more than 100% of the current weekly earnings to which the earner would be entitled if he or she were employed in the same position or positions (if it or they can be identified) as he or she was employed in immediately before the accident, or the time when the injury first manifested itself. Note Subsection (5), as substituted by section 5 of the Transport Accident (Amendment) Act 2004, only applies to an earner who was injured in a transport accident that occurs on or after the date of commencement of section 5—see section 185. S. 61(6) inserted by No. 84/1994 s. 38. (6) If the variation of an amount to which this section applies by operation of this section has the effect of reducing the amount— (a) the variation is deemed not to have taken effect, except for the purposes of the application of this subsection; and (b) when the amount is varied and increased by operation of this section in respect of the next or a subsequent financial year that variation has effect as an increase only to the extent (if any) to which the amount of the
S. 71(1) amended by No. 84/2000 s. 26(1), substituted by No. 71/2013 s. 21(2). (1) In order to determine its liability under Part 3, Part 6 or Division 1 of Part 10, the Commission may require a person who was injured as a result of a transport accident and makes a claim for, or receives compensation or damages under Part 3, this Part, Part 6 or Division 1 of Part 10, to submit from time to time for examination by one or more medical service providers nominated by the Commission. S. 71(1A) inserted by No. 94/2004 s. 10(6). (1A) Subsection (1) also applies to a person if the Commission is required to make a determination of the person's degree of impairment as a result of a transport accident. Note Subsection (1A) applies with respect to all transport accidents that occurred on or after the day that is 18 months before the date of commencement of section 10 of the Transport Accident (Amendment) Act 2004—see section 188. (2) If a person refuses or fails without reasonable excuse to comply with a request to submit for examination in accordance with this section— (a) the person's right (if any) to compensation under this Act is suspended until the examination takes place; and (b) the Commission is not liable to pay compensation to the person while the right is suspended. S. 71(3) inserted by No. 84/2000 s. 26(2). (3) In subsection (1), medical service provider means— (a) medical practitioner; (b) registered psychologist; (c) registered dentist; S. 71(3)(ca) inserted by No. 71/2013 s. 5(3). (ca) registered occupational therapist;
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). 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 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 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 person in charge of a trailer— (a) a reference in this Part to liability incurred by the owner or person in respect of the death of or bodily injury to a person includes a reference to liability in respect of the death or bodily injury under any cause of action surviving against the estate of the owner or person; and
accident, must give notice in writing to the owner of the fact of the accident; and (e) must give notice in writing to the Commission of each claim made or action brought against him or her or, to his or her knowledge, against any other person in respect of the accident; and (f) must not, without the written consent of the Commission— (i) enter upon or incur expenses of litigation as to any matter or thing to which the contract of insurance relates; or (ii) make any offer, promise, payment or settlement or any admission of liability. (2) Nothing in subsection (1)(f) extends to— (a) an admission made at the time of the accident and reasonably attributable to mental stress occasioned by the circumstances; or S. 90(2)(b) amended by No. 37/2014 s. 10(Sch. item 170.3)). (b) a statement made to a police officer acting in the course of duty in hearing or receiving any such statement; or (c) a statement made or evidence given in the course of proceedings in any court or before any arbitrator. (3) If the owner or person in charge of an insured trailer fails to comply with subsection (1), the Commission may recover from that person such
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. 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
S. 121 (Heading) substituted by No. 60/2007 s. 17(1). S. 121 amended by No. 127/1986 s. 102(Sch. 4 item 29.19), repealed by No. 84/1994 s. 47, new s. 121 inserted by No. 94/2004 s. 32, amended by No. 60/2007 s. 17(2). 121 Agreements with providers of ambulance services, hospital services or road accident rescue services The Commission may enter into an agreement with a person or body who provides one or more ambulance services, hospital services or road accident rescue services under which provision is made for the Commission to meet its obligations in respect of such services under section 60 by making payments in respect of classes or groups of cases or claims, rather than on an individual basis. Ss 122, 123 repealed by No. 84/1994 s. 47. * * * * * S. 123A inserted by No. 84/1994 s. 48. 123A Service provider not Commission employee A person who provides relevant services to persons injured as a result of transport accidents is not by reason only of receiving payment for those services directly from the Commission to be taken to be an employee of the Commission. S. 124 amended by No. 84/1994 s. 49(1). 124 Statement of Commission prima facie evidence of certain matters (1) A statement in writing by the Chief Executive Officer of the Commission of the amount of payments made by the Commission under this Act in respect of an injury or death or of the amount of payments that it expects to make in respect of an injury or death is prima facie evidence of the amounts so paid or of the liability of the Commission to make such payments.
been concluded or that the time within which to bring any relevant legal proceedings has expired. S. 126B inserted by No. 80/2010 s. 12. 126B Use of documents relating to claims Despite anything to the contrary in any Act (other than the Charter of Human Rights and Responsibilities) or at common law, a document produced or served or information acquired in respect of a proceeding or claim for compensation, damages, indemnity or other payment under, or in accordance with, this Act, whether before, on or after the commencement of section 12 of the Transport Accident and Accident Compensation Legislation Amendment Act 2010, may be used in, and for the purposes of, any other proceeding or claim for compensation, damages, indemnity or other payment under, or in accordance with, this Act. S. 126C inserted by No. 55/2013 s. 12. 126C Disclosure of information collected or received by Roads Corporation (1) If requested to do so by the Commission, the Roads Corporation or a relevant person may disclose relevant information to the Commission to enable the Commission— (a) to determine whether a person is entitled to claim for compensation under this Act; (b) to carry out its functions in relation to any claim for damages or claim for indemnity referred to in Part 6 or any investigation relating to a transport accident; (c) to ascertain whether a transport accident charge has been paid; (d) to disseminate road safety information to persons to whom a driver licence or learner permit has been issued under the Road Safety Act 1986;
34 Division 1—Motor accident benefits 133 Application of Division This Division applies to and with respect to accidents that occurred before the date on which section 34 comes into operation. 134 Definitions In this Division— accident includes an incident caused by or arising out of the use, in any other State or in a Territory, of a motor car; authorised insurer means a person who has at any time been an authorised insurer within the meaning of Division 1 of Part V of the Motor Car Act 1958 and includes the Commission as the successor in law of the person who was, immediately before the commencement of section 34, such an authorised insurer; Board means the Motor Accidents Board established under the repealed Act; employee and employer have the same meanings as in Division 2 of Part VI of the Income Tax Assessment Act 1936 of the Commonwealth as amended and in force for the time being; S. 134 def. of health fund amended by No. 84/1994 s. 55(1)(h). health fund means— (a) a registered health benefits organisation as defined in the National Health Act 1953 of the Commonwealth; or
S. 135(3)(d) amended by No. 44/1989 s. 41(Sch. 2 item 42.10). (d) was in or on a tram 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 74 of the repealed Act relating to that tram made between the Board and that other person; or (e) was not a resident of and was in a motor car owned by the person— S. 135(3)(e)(i) amended by No. 6/2010 s. 203(1) (Sch. 6 item 46.3) (as amended by No. 45/2010 s. 22). (i) that was not registered in accordance with the Motor Car Act 1958 or the Transport (Compliance and Miscellaneous) Act 1983; and (ii) that was required to be registered in another State or in a Territory or in any country outside and was not so registered. (4) In this section registered motor car means— (a) a motor car— (i) that was registered in accordance with the Motor Car Act 1958; or (ii) was not so registered but was required to be so registered and was not exempt from the operation of all or any of the provisions of Part II of that Act; or (iii) in respect of which a permit granted under section 11A or 19 of that Act was in force; or
gratuities received in the capacity of employee or in relation to any services rendered, the proceeds of any business carried on by that person either alone or in partnership with any other person, any amount received as bounty or subsidy in carrying on a business, the income from any property where that income forms part of the emoluments of any office or employment of profit held by that person, and any profit arising from the sale by that person of any property acquired by that person for the purpose of profit-making by sale or from the carrying on or carrying out of any profit-making undertaking or scheme, but does not include— (a) interest, unless that person's principal business consists of the lending of money, or unless the interest is received in respect of a debt due to that person for goods supplied or services rendered by that person in the course of that person's business; or (b) rents or dividends. S. 142 (Heading) inserted by No. 27/2001 s. 4(Sch. 2 item 4.14). S. 142 amended by No. 27/2001 s. 4(Sch. 2 item 4.15). 142 Payment to dependent partner If a person dies as a result of an accident within the period of two years after the date of the accident and a dependent partner of that deceased person before the commencement of this section made an application under the repealed Act or makes a claim under Part 4 for a payment under this section or the corresponding provision of the repealed Act, the Commission must, subject to this Act, pay to that dependent partner such one of the following amounts as is appropriate: S. 142(a) amended by No. 27/2001 s. 4(Sch. 2 item 4.15). (a) If there are no dependent children of the deceased person—an amount calculated in accordance with the formula— where—
and did in fact believe that the motor car was a motor car in relation to which there was in force a contract of insurance under the repealed Division; and (d) the sum so paid and the costs are recoverable by the Incorporated Nominal Defendant against, and such defences are not available to, the driver (whether or not he or she is the owner) of the motor car if the driver is convicted of having, at the time of the occurrence out of which the death or bodily injury arose, been under the influence of intoxicating liquor whilst driving the motor car. (4) Any amount recovered by the Incorporated Nominal Defendant against the owner or driver of the motor car must be paid to the authorized insurers in the same proportions as the insurers paid to satisfy the judgment and including the costs of the Incorporated Nominal Defendant. 157 Where owner or driver of uninsured motor car cannot be found (1) If— (a) liability has been incurred by the owner or driver of any uninsured motor car in respect of the death of or bodily injury to any person caused by or arising out of the use of that motor car; and (b) the liability is one against which such owner or driver had there been in force a contract of insurance under the repealed Division relating to such motor car would have been insured; and
the compensation (including moneys arising from investment) as appears to the Court to be proper having regard to the then existing circumstances. S. 168(6) amended by No. 19/1989 s. 16(Sch. item 54.7). (6) Such order must not be made unless the Court is satisfied with respect to— S. 168(6)(a) amended by No. 64/1990 s. 18(2)(c). (a) the right of the parent, guardian, next friend or other person standing in loco parentis or of the Public Trustee to act for the minor or person under a legal disability; and (b) the reasonableness and adequacy in the circumstances of the amount of compensation; and (c) the genuineness of the agreement. (7) When an order approving any agreement is made, the order— S. 168(7)(a) amended by No. 19/1989 s. 16(Sch. item 54.8). (a) must be recorded without fee by the registrar or deputy registrar in a special register; and (b) is enforceable in all respects as if the same were a judgment of the County Court. (8) When such order has been complied with by such owner, driver or authorized insurer or the Incorporated Nominal Defendant such owner, driver or authorized insurer or the Incorporated Nominal Defendant (as the case may be) shall be released and discharged from all liability to the minor or person under a legal disability (as the case may be) in respect of the bodily injury. (9) The judges of the County Court may make rules for the purposes of carrying this section into effect.
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
Assent Date: 21.12.04 Commencement Date: S. 186 on 1.7.05: s. 3(1) : This information relates only to the provision/s amending the Transport Accident Act 1986 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 209) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Transport Accident Act 1986 Accident Compensation (Amendment) Act 2005, No. 28/2005 Assent Date: 21.6.05 Commencement Date: Pt 5 Div. 1 (ss 30, 31) on 22.6.05: s. 2(1) : This information relates only to the provision/s amending the Transport Accident Act 1986 Accident Compensation and Transport Accident Acts (Ombudsman) Act 2005, No. 46/2005 Assent Date: 23.8.05 Commencement Date: S. 7 on 24.8.05: s. 2(1) : This information relates only to the provision/s amending the Transport Accident Act 1986 Emergency Service Act 2005, No. 51/2005 Assent Date: 24.8.05 Commencement Date: S. 58(9) on 1.11.05: Government Gazette 20.10.05 p. 2308 : This information relates only to the provision/s amending the Transport Accident Act 1986 Health Professions Registration Act 2005, No. 97/2005 Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 51) on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Transport Accident Act 1986 Education and Training Reform Act 2006, No. 24/2006 Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 41) on 1.7.07: Government Gazette 28.6.07 p. 1304 : This information relates only to the provision/s amending the Transport Accident Act 1986 Accident Compensation and Other Legislation (Amendment) Act 2006, No. 41/2006