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 (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. 23(1)(c) inserted by No. 94/2004 s. 4(3). (c) a person as a provider of vocational rehabilitation services. (2) An authorisation must be given— (a) before the services are to be provided; and S. 23(2)(b) amended by No. 34/1998 s. 4(a). (b) in writing. S. 23(2)(c) repealed by No. 34/1998 s. 4(b). * * * * * S. 23(3) substituted by No. 52/1998 s. 311(Sch. 1 item 95.2). (3) A person whose interests are affected by a decision of the Commission to refuse to authorise a person or service may apply to the Tribunal for review of the decision. S. 23(4) inserted by No. 52/1998 s. 311(Sch. 1 item 95.2), amended by No. 84/2000 s. 9. (4) An application for review must be made within 12 months after the later of— (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. 24 Advisory committees (1) The Commission may appoint advisory committees for the purpose of providing advice and information to assist the Commission in the performance of its functions.
vehicle and, at the time of the accident, the person was— (i) a resident of ; or S. 35(1)(b)(ii) amended by No. 127/1986 s. 102(Sch. 4 item 29.2). (ii) the driver of, or a passenger in, the registered motor vehicle. (2) A dependant of a person who dies as a result of a transport accident is entitled to compensation in accordance with this Act if the person who dies was or would, but for the death, have been entitled to compensation in respect of the accident by reason of subsection (1). (3) The Commission is not liable to pay compensation to a person in accordance with this Act unless the person is entitled to compensation. S. 36 amended by No. 127/1986 s. 102(Sch. 4 item 29.2). 36 Discretion of Commission to pay compensation If 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 that occurred in another State or in a Territory and involved a registered motor vehicle by reason only that— (a) the person was not, on the date of the accident, resident in ; and S. 36(b) amended by No. 127/1986 s. 102(Sch. 4 item 29.2). (b) was not the driver of, or a passenger in the registered motor vehicle— the Commission may pay compensation in accordance with this Act in respect of that person if the Commission is satisfied that that person was, on that date, likely to reside in for not less than six months immediately after that date.
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 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.
(5) Subsection (4) does not apply if the liability to pay compensation arises in the circumstances referred to in subsection (1)(a) and (b). S. 38(6) inserted by No. 67/1992 s. 67(1). (6) This section does not apply in respect of an injury or death that arises or is deemed to have arisen on or after the commencement of section 67 of the Accident Compensation (WorkCover) Act 1992. S. 38AA inserted by No. 50/1994 s. 107. 38AA Settlement between Commission and Victorian WorkCover Authority (1) The Commission and the Victorian WorkCover Authority may undertake the settlement of any claim that the Victorian WorkCover Authority may make, or may become entitled to make, against the Commission under section 38(1). (2) In determining whether to undertake a settlement, the Commission and the Victorian WorkCover Authority may determine the value of any claim or potential claim in any manner they think fit. S. 38A (Heading) inserted by No. 67/2013 s. 649(Sch. 9 item 32(8)). S. 38A inserted by No. 67/1992 s. 67(2), amended by No. 67/2013 s. 649(Sch. 9 item 32(9)). 38A Commission not liable where compensation payable under Accident Compensation Act 1985 or Workplace Injury Rehabilitation and Compensation Act 2013 The Commission is not liable to pay compensation in respect of a person who, on or after the commencement of section 67 of the Accident Compensation (WorkCover) Act 1992, 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 the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013.
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). (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
(5) In this section— S. 50(5) def. of earner amended by Nos 34/1998 s. 10, 60/2007 s. 10. earner includes a person injured as a result of a transport accident who, at the time of the accident was not an earner, but has attained the age of 18 years after the accident; S. 50(5) def. of post-accident earning capacity amended by No. 34/1998 s. 10. post-accident earning capacity in relation to an earner who suffers partial loss of earning capacity as a result of an injury as a result of transport accident, means the amount the Commission determines as the weekly amount (less such amount as the Commission reasonably considers to be the amount of income tax that would have been payable on that weekly amount under the Income Tax Assessment Act 1936 of the Commonwealth as amended and in force for the time being) the earner has the capacity to earn, despite the injury, in employment reasonably available to the person having regard to— (a) the nature of the injury and the degree of impairment; and (b) the potential for rehabilitation and the person's ability to undertake rehabilitation; and (c) the earner's training, skills and experience; and (d) the age of the earner; pre-accident earning capacity has the same meaning as in section 49. (6) The Commission must not determine the earning capacity of an earner at an amount greater than the actual weekly earnings of the earner unless the Commission determines that the earner is capable, despite the injury, of
periods that, in the aggregate, do not exceed 12 months. S. 53(1A) inserted by No. 32/1988 s. 13. (1A) For the purposes of subsection (1), in determining whether there is a normal retiring age in an occupation, regard may be had to any retiring age in any industry or establishment where that occupation is carried on. S. 53(1B) inserted by No. 32/1988 s. 13. (1B) A person who is serving a sentence of imprisonment is not entitled to weekly payments under section 44, 45, 49, 50 or 51 in respect of any period during which the person is in prison. (2) The Commission is not liable— S. 53(2)(a) amended by No. 60/2007 s. 11(2). (a) to make payments under section 49, 50, 51 or 54A in respect of an injury in relation to any period after the settlement or award of pecuniary loss damages within the meaning of section 93 in respect of the injury; or (b) to make payments under section 47, 48 or 54 in respect of an injury after, or in relation to any period after, the settlement or award of pain and suffering damages within the meaning of section 93 in respect of the injury. (3) The Commission— S. 53(3)(a) amended by No. 94/2004 s. 11(5)(b). (a) is not liable to make payments under section 49, 50 or 51 in respect of an injury in relation to any period after the expiration of the period of three years after the injury first manifests itself or, in the case of a person who was a minor when the injury first manifested itself, after the person attains the age of 21; and S. 53(3)(b) amended by Nos 84/1994 s. 55(2)(m), 94/2004 s. 11(5)(b). (b) ceases to be liable to make payments to a person under section 49, 50 or 51 in respect of an injury when the sum of the amounts paid by the Commission to the person under
(4) When the Commission has completed a review under this section in relation to a person the Commission may take such steps as are necessary to increase, decrease or cease payments to the person under this Part, whether by reviewing its determination of the degree of impairment or of the earning capacity of the person or otherwise. (5) If an interim payment of compensation has been made under section 72, this section does not apply unless the Commission has made a final decision or determination as to the payment of compensation. S. 55(6) inserted by No. 34/1998 s. 12(2). (6) A review of a person's entitlement under this section must be undertaken using the same methods for determining the degree of impairment that were used in making the first determination of the degree of impairment in relation to that entitlement. S. 55(7) inserted by No. 84/2000 s. 16. (7) Despite subsection (4), if the Commission has reviewed the earning capacity of a person who has returned to work by participating in an approved vocational rehabilitation program and the return to work is unsuccessful, the Commission must— (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)). (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
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)). (3) Subject to subsection (4), if, at the date of death of the person, there is more than one surviving partner, the amount of $103 210 referred to in subsection (2) shall, in determining the benefit for each surviving partner, be taken to be the amount calculated in accordance with the formula— where— B is the number of years during which the surviving partner was a dependent partner of the person. C is the sum of the years during which each other surviving partner of the person was a dependent partner of the person. (4) If— S. 57(4)(a) amended by No. 84/2000 s. 3(5)(b). (a) any dependent children of the person would have been entitled to a death benefit under section 59 but for the operation of section 59(9); and S. 57(4)(b) amended by No. 27/2001 s. 4(Sch. 2 item 4.7(b)(i)). (b) a surviving partner is entitled to a death benefit under this section—
S. 58(6) def. of dependent child substituted by No. 32/1988 s. 14(3), amended by No. 27/2001 s. 4(Sch. 2 item 4.9). dependent child, in relation to a surviving partner of an earner who dies as a result of a transport accident, means a child— (a) who is dependent on the surviving partner and is a child (whether or not a dependent child) of the earner or is a dependent of the earner; and (b) who— (i) is under the age of 16 years; or (ii) has attained the age of 16 years but is under the age of 25 years and is a full-time student— but does not include a child who has a partner; S. 58(6) def. of the earner's assessed earnings amended by Nos 84/2000 s. 17, 60/2007 s. 13. the earner's assessed earnings means the amount calculated in accordance with the formula— where— A is the amount determined as the total amount that, but for the transport accident, the earner would have had the capacity to earn in employment reasonably available to the earner in view of the earner's training, skills and experience during the period of twelve months after the death of the earner, but does not include any employer superannuation contribution. S. 58(7) amended by No. 27/2001 s. 4(Sch. 2 item 4.9). (7) The Commission is not liable to make payments under this section to a surviving partner of an earner who dies as a result of a transport accident in respect of any period after an award or settlement of damages is made in respect of the death.
receiving a hospital service after he or she is first discharged from hospital. Note Subsections (7) to (10) only apply to applications for payment made after the date of commencement of section 25 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003—see section 181(1). Also, those subsections do not apply to people who had been injured in a transport accident before that date until the expiry of 18 months after that date—see section 181(3). S. 60(11) inserted by No. 94/2004 s. 21. (11) Subsection (7) also does not apply to a person while the person is receiving respite care as a result of the injury. S. 60(11A) inserted by No. 60/2007 s. 14(7), amended by No. 71/2013 s. 22(1). (11A) Despite subsection (7), the Governor in Council may, by Order published in the Government Gazette, fix limits in respect of contributions to be made by a person towards the cost of supported accommodation, which contributions must not exceed $32.50 per day. 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.
referred to in B last published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made. S. 61(2) amended by Nos 32/1988 s. 16(2), 84/1994 ss 37(1)(a)(b), 55(2)(j)–(q), 84/2000 s. 20(2), 94/2004 ss 11(5)(e), 14(4),17(2), 71/2013 ss 17(2), 18(2), 44/2014 s. 33(Sch. item 29(4)). (2) An amount of $500 000, $686 840, $305 250, $144 500, $103 210, $99 220, $61 940, $30 520, $15 000, $14 135, $5000, $120, $1500, $1660 or $1000 referred to in this Division or Part 6 and the amount of a periodic payment under section 47(4) shall be varied, in respect of the financial year beginning on 1 July 1987 and each subsequent financial year, in accordance with the formula— where— D is the amount referred to in this Division or Part 6 or the amount of the periodic payment. 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.
(d) require the reporting of specified information to enable the monitoring of the agreement; (e) set out any other obligations of the parties under the agreement; (f) provide for how the agreement may be amended; (g) provide for how the agreement may be renewed; (h) provide for how the agreement may be suspended or terminated, and in the case of termination, set out any obligations that are to apply to the parties as a result of the termination; (i) specify that it is governed by the law of ; (j) provide for the recovery of— (i) overpayments made under the agreement; and (ii) payments made under the agreement that were not applied in accordance with the agreement; (k) set out a dispute resolution mechanism; (l) provide for any other matter that is required for the purposes of this subsection by the Governor in Council by order published in the Government Gazette. (2) Without limiting what may be included in an individual funding agreement, an agreement may provide for payments to be made in advance, despite anything to the contrary in section 27. S. 61C inserted by No. 94/2004 s. 26. 61C Other provisions concerning individual funding agreements (1) While a person is a party to an individual funding agreement, he or she is not entitled to any
63 Application of Part (1) This Part applies to and with respect to claims for compensation under Part 3 or Part 10. (2) If, before the commencement of section 133, a person had made an application under and in accordance with the Motor Accidents Act 1973 to the Motor Accidents Board, the application has effect as a claim made to the Commission under this Part in so far as the application is outstanding. Division 2—Claims under this Act 64 Notice of accident S. 64(1) amended by Nos 127/1986 s. 102(Sch. 4 item 29.2), 84/2000 s. 21, 37/2014 s. 10(Sch. item 170.3). (1) A person who is the driver of a motor vehicle, other than a recreation vehicle, involved in a transport accident— (a) as a result of which a person is or may have been injured or dies; and (b) in respect of which a person may be entitled to compensation in accordance with this Act— must, if requested by a notice served by the Commission, make a report in the prescribed form within 28 days of receiving the notice, whether or not a report has been made to a police officer. S. 64(2) amended by Nos 44/1989 s. 41(Sch. 2 item 42.2), 104/1997 s. 56(2)(a)(b), 30/2000 s. 40. (2) Any person who operates a railway train or a tram in Victoria and the person who manages a railway or tramway in Victoria must make a report in the prescribed form to the Commission within 28 days after becoming aware that a railway train or tram operated by it or on a railway or tramway managed by it (as the case requires) has been involved in a transport accident— (a) as a result of which a person is or may have been injured or dies; and
S. 67(1) amended by Nos 32/1988 s. 18(1), 71/2013 s. 12(3). (1) A claim for compensation under this Act— 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
76 Proof of entitlement S. 76(1) amended by No. 32/1988 s. 18(4). (1) A person receiving or claiming to be entitled to receive compensation under Part 3 during the first 18 months after the transport accident or under Division 1 of Part 10 must give to the Commission such further information relating to the person's entitlement to compensation as the Commission reasonably requests from time to time. (2) A person claiming to be entitled to receive compensation under Part 3 during the first 18 months after the transport accident or under Division 1 of Part 10 bears the onus of proving the entitlement. S. 76(2A) inserted by No. 32/1988 s. 18(5). (2A) A person who is injured as a result of a transport accident is not entitled to receive compensation under Part 3 in respect of the first 18 months after the accident if the injury is an aggravation of an injury or condition suffered by the person before the accident unless the person proves that the earlier injury or condition was aggravated by the transport accident. (3) A reference in this section to the first 18 months includes a reference to any period after the first 18 months during which the person continues to be entitled to compensation by reason of section 46(2). Pt 4 Div. 2A (Heading and s. 76A) inserted by No. 60/2007 s. 16. Division 2A—Reimbursement of private health insurers S. 76A inserted by No. 60/2007 s. 16. 76A Commission may reimburse private health insurer (1) Subject to this section, a private health insurer may apply to the Commission to be reimbursed in respect of the payment by the private health
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
the owner or person in charge of the trailer, as soon as practicable after the accident or, in the case of an owner who was not in charge of the trailer, as soon as practicable after the owner becomes aware of the accident— (c) must give notice in writing to the Commission of the accident and particulars of the date, nature and circumstances of the accident and such other information as the Commission reasonably requires; and (d) in the case of a person (other than the owner) in charge of the trailer at the time of the 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
(4) A person to whom a direction under this section applies, and the legal representatives and agents of such a person, must comply with the direction. Division 2—Indemnity by Commission 94 Indemnity S. 94(1) amended by No. 67/2013 s. 649(Sch. 9 item 32(11)). (1) The Commission is liable to indemnify— S. 94(1)(a) amended by No. 127/1986 s. 102(Sch. 4 item 29.2). (a) the owner or driver of a registered motor vehicle in respect of any liability in respect of an injury or death of a person caused by or arising out of the use of the motor vehicle in Victoria or in another State or in a Territory; and S. 94(1)(b) amended by Nos 84/1994 s. 45(a), 104/1997 s. 56(3). (b) the operator, owner or driver of a railway train or tram, and the manager of the railway or tramway on which a railway train or tram is operated, in respect of any liability in respect of an injury or death caused by or arising out of the use of the railway train or tram in — other than liability to pay compensation under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 or an Act or law referred to in section 37. (2) Subsection (1) does not apply—
S 198 inserted by No. 65/2008 s. 7. 198 Section 104 (Indemnity by third party) Section 104, as amended by section 6 of the Compensation and Superannuation Legislation Amendment Act 2008, applies in respect of any right of indemnity, regardless of when that right came into existence, unless before the commencement of that section— (a) the amount of the indemnity has been determined; or (b) judgment for damages has been given or entered; or (c) there has been a settlement or compromise of the claim in respect of which the right of indemnity arose. Pt 11 Div. 6 (Heading and ss 199–205) inserted by No. 80/2010 s. 14. Division 6—Transport Accident and Accident Compensation Legislation Amendment Act 2010 S. 199 inserted by No. 80/2010 s. 14. 199 Definitions (1) In this Division— amending Act means the Transport Accident and Accident Compensation Legislation Amendment Act 2010; amending provision means a provision of the amending Act specified in a section of this Division; commencement date means the date on which the amending provision comes into operation. (2) Nothing in this Division limits or otherwise affects the operation of the Interpretation of Legislation Act 1984.