Division 2—Indemnity by Commission 196 94 Indemnity 196 94A Settlement between Commission and Victorian WorkCover Authority 201 95 Survival of actions 201 96 Transport accidents involving unidentified or unindemnified vehicles 202 97 Repealed 206 98 Apportionment of costs 206 99 Owner to give notice 206 100 Driver of motor vehicle etc. to give notice of accidents 208 101 Repealed 209 102 Unauthorized or intoxicated drivers 209 103 Agreements by next friends etc. 210 Division 3—General 211 104 Indemnity by third party 211 105 Amounts to be repaid to Commission where damages recovered 212 106 Contributory negligence 213 107 Commission may take proceedings 213 107A Compensation for pain and suffering 215 216 108 Repealed 216 109 Transport accident charge 216 110 Rates of charges 218 110A Repealed 223 111 Interstate vehicles 223 112 Motor vehicles under control of manufacturers 224 113, 114 Repealed 225 115 Agreements in respect of the operation of trains or trams 225 227 116 Fraud 227 117 False information 227 117A Refunding money to Commission 227 117B Obtaining benefits that are not payable 228 117C Failure to pay full amount of transport accident charge 228 118 Obstructing officers 228 119 General penalty 228 120 Institution of prosecutions 229
S. 3(1) def. of apprentice substituted by No. 45/1990 s. 120, amended by Nos 80/1997 s. 55(Sch. 1 item 4), 24/2006 s. 6.1.2(Sch. 7 item 41.1). apprentice means a person who is an apprentice within the meaning of the Education and Training Reform Act 2006; S. 3(1) def. of child substituted by No. 27/2001 s. 4(Sch. 2 item 4.1(b)). child in relation to a person includes a child of the person or the person's partner or an adopted child of the person or of the person's partner but does not include a child of that person or of the person's partner adopted by another person or persons; Commission means the Transport Accident Commission established under this Act; s. 3 decision includes declaration, determination, direction or order; S. 3(1) def. of degree of impairment substituted as degree by No. 32/1988 s. 4(1)(b), repealed by No. 34/1998 s. 9(a). * * * * * dependant in relation to a person who is injured or dies means a person who would, but for the injury or death of the first-mentioned person, be wholly, mainly or in part dependent on that person for economic support;
S. 3(1) def. of dependent child amended by No. 27/2001 s. 4(Sch. 2 item 4.1(c)). dependent child in relation to a person means a child of that person who— (a) is under the age of 16 years; or (b) has attained the age of 16 years but is under the age of 25 years and is a student— and would, but for the injury or death of that person, be wholly, mainly or in part dependent on that person for economic support but does not include a child who has a spouse or domestic partner; S. 3(1) def. of dependent spouse substituted by No. 84/2000 s. 3(1), substituted as dependent partner by No. 27/2001 s. 4(Sch. 2 item 4.1(d)). dependent partner in relation to a person means the person's partner, if the partner would but for injury or death of that person— (a) be wholly, mainly or in part dependent on that person for economic support; or (b) be wholly dependant on the person for the care of the children of the partner or of that person; s. 3 S. 3(1) def. of disability service inserted by No. 84/2000 s. 3(3)(a), amended by No. 94/2004 s. 3(1)(a). disability service means the provision to or for a person who is disabled as a result of an injury in a transport accident of any service (other than a rehabilitation service or a hospital service) relating to attendant care, assistance, accommodation support, community access, respite care or household help, the provision of which service is an authorised service in accordance with section 23;
S. 23(1)(b) amended by Nos 84/2000 s. 19(2), 94/2004 ss 4(3), 16(2), 60/2007 s. 6. (b) persons to provide services for the purposes of section 60(2)(c), 60(2)(ca), 60(2)(d) or 60(2A); or 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. s. 24 24 Advisory committees (1) The Commission may appoint advisory committees for the purpose of providing advice
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). (g) a law of the Commonwealth or of another State or of a Territory that corresponds to the Accident Compensation Act 1985 or to a
unless the person satisfies the Commission that the concentration of alcohol in the blood or breath of the person did not contribute in any way to the transport accident. S. 40(5A) inserted by No. 80/2010 s. 4(3). (5A) The compensation under section 44 or 45 in respect of a person to whom subsection (4A) applies is reduced by one-third unless the person satisfies the Commission that the concentration of drugs in the blood of the person did not contribute in any way to the transport accident. (6) For the purposes of subsection (1), a person who drives a motor vehicle at a particular time is not to be deemed never to have held a licence to drive a motor vehicle of that class if at that time— (a) the person was— (i) the holder of a learner permit in respect of a motor vehicle of that class under the Road Safety Act 1986 or under a law that is, in relation to that Act, a corresponding law; or (ii) participating in a training program accredited under the Road Safety Act 1986; and (b) in the case of a motor vehicle other than a motor cycle or a tractor, the person had a licensed driver (not being the holder of a licence issued on probation) sitting beside him or her. S. 40A inserted by No. 84/2000 s. 12. 40A General provisions s. 40A (1) Subsection (2) applies if— S. 40A(1)(a) amended by No. 68/2009 s. 97(Sch. item 123.1). (a) a person who is injured as a result of a transport accident applies for compensation under this Act and a charge-sheet charging an offence has been filed or it appears to the
(4) Subject to subsection (5), if the earner is not employed, the amount of the weekly payment under this section is— (a) 80 per centum of the earner's pre-accident weekly earnings; or S. 45(4)(b) amended by No. 84/1994 s. 55(2)(f). (b) if the earner has no dependants—$304; or (c) if the earner has dependants—an amount equal to the sum of— S. 45(4)(c)(i) amended by No. 84/1994 s. 55(2)(f). (i) $304; and S. 45(4)(c)(ii) amended by No. 84/1994 s. 55(2)(d). (ii) $85 for one dependant; and S. 45(4)(c)(iii) amended by No. 84/1994 s. 55(2)(b). (iii) $27 for each other dependant— whichever is the greater. (5) A weekly payment under this section for an earner who is not employed must not exceed— S. 45(5)(a) amended by No. 84/1994 s. 55(2)(i). (a) $621; or (b) 100 per centum of the earner's pre-accident weekly earnings— whichever is the lesser. (6) In this section— s. 45
(i) has not advised the person that he or she appears likely to be entitled to an impairment benefit; and s. 46A (ii) has not received an application in writing from the person requesting the 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.
(c) may be amended, varied or substituted by a subsequent edition of the guidelines published by the Commission in the Government Gazette. S. 46A(7) inserted by No. 34/1998 s. 8, amended by No. 60/2007 s. 8(3)(b). (7) In this section A.M.A Guides means the American Medical Association's Guides to the Evaluation of Permanent Impairment (Fourth Edition) (other than Chapter 15) as modified by this Act. 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.
(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 Section 180 sets out the transitional provisions that apply to this section. S. 47 (Heading) inserted by No. 94/2004 s. 11(1). 47 Impairment benefit s. 46C S. 47(1) substituted by No. 32/1988 s. 12(2). (1) If under section 46A or 47(7A)— (a) the Commission has determined the degree of impairment of a person who is injured as a result of a transport accident; and (b) the degree so determined is more than 10 per centum— the Commission must assess an impairment benefit in respect of the person. Note to s. 47(1) inserted by No. 94/2004 s. 11(2). Note This section, as amended by section 11 of the Transport Accident (Amendment) Act 2004 (which substituted subsection (2) and amended subsection (6)), only applies to a person who was injured in a transport accident that occurs on or after the date of commencement of section section 189.
(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. s. 53 (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 sections 44, 45, 49, 50, 51 and 54 equals $99 220. (4) Subsection (3) does not apply in relation to payments to a person who is injured as a result of a transport accident if— S. 53(4)(a) substituted by No. 84/1994 s. 35(1). (a) a determination of the degree of impairment has been made under section 46A, 47(7) or 47(7A) in respect of the injury; and S. 53(4)(b) amended by No. 32/1988 s. 13(2). (b) the person suffers a degree of impairment as a result of the injury that is determined by the Commission as 50 per centum or more. S. 53(5) inserted by No. 84/1994 s. 35(2). (5) Subsection (3) does not apply in relation to payments to a person who is injured as a result of a transport accident if— (a) a determination of a degree of impairment has not been made under section 46A
S. 57(2)(c) amended by No. 84/2000 s. 3(5)(b). (c) if at the date of death the person was over 25 and under 75—the age of the person at that date in whole years— less, if the person has received an impairment benefit under section 47 in respect of the transport accident, the amount of that benefit. S. 57(3) amended by Nos 32/1988 s. 14(2)(b), 84/1994 s. 55(2)(n), 84/2000 s. 3(5)(b), 27/2001 s. 4(Sch. 2 item 4.7(a)). s. 57 (3) Subject to subsection (4), if, at the date of death of the person, there is more than one surviving partner, the amount of $103 210 referred to in subsection (2) shall, in determining the benefit for each surviving partner, be taken to be the amount calculated in accordance with the formula— where— B is the number of years during which the surviving partner was a dependent partner of the person. C is the sum of the years during which each other surviving partner of the person was a dependent partner of the person. (4) If— S. 57(4)(a) amended by No. 84/2000 s. 3(5)(b). s. 57 (a) any dependent children of the person would have been entitled to a death benefit under section 59 but for the operation of section 59(9); and S. 57(4)(b) amended by No. 27/2001 s. 4(Sch. 2 item 4.7(b)(i)). (b) a surviving partner is entitled to a death benefit under this section— then—
(a) 80 per centum of the earner's assessed earnings; or S. 58(2)(b) amended by Nos 84/1994 s. 55(2)(f), 27/2001 s. 4(Sch. 2 item 4.9). (b) if the surviving partner has no dependent children—$304; or S. 58(2)(c) amended by No. 27/2001 s. 4(Sch. 2 item 4.9). (c) if the surviving partner has dependent children, an amount equal to the sum of— S. 58(2)(c)(i) amended by No. 84/1994 s. 55(2)(f). (i) $304; and S. 58(2)(c)(ii) amended by No. 84/1994 s. 55(2)(d). (ii) $85 for one dependent child; and S. 58(2)(c)(iii) amended by No. 84/1994 s. 55(2)(b). (iii) $27 for each other dependent child— whichever is the greater. (3) A weekly payment under this section must not exceed— S. 58(3)(a) amended by No. 84/1994 s. 55(2)(i). (a) $621; or (b) 100 per centum of the earner's assessed earnings—
(c) must be lodged with the Commission. S. 67(1A) inserted by No. 84/2000 s. 23(2). (1A) An authority to release information in a claim for compensation has effect and cannot be revoked until a claim is finally determined. (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). * * * * * 68 Time for making claim under Part 3 (1) A person— (a) who is injured; or S. 68(1)(b) amended by No. 27/2001 s. 4(Sch. 2 item 4.12). (b) who is a dependant or a surviving partner of a person who dies— as a result of a transport accident to which Part 3 applies may make a claim for compensation under that Part within one year— (c) after the accident or death; or S. 68(1)(d) substituted by No. 84/2000 s. 24(1). (d) in the case of injury, if no injury manifested itself at the time of the transport accident, after any injury first manifests itself. (2) If the Commission considers there are reasonable grounds for a delay in making a claim in
section 37, by the amount of any compensation paid in respect of the loss of expectation of financial support (other than of the kind to which section 60 applies) under any compensation scheme specified in section 37. (12) Subject to the discretion of the court— (a) in proceedings relating to an application for leave of the court under subsection are to be awarded against a party against whom a decision is made; and s. 93 (b) in proceedings for the recovery of damages in accordance with this section— (i) if no liability to pay damages is established, costs are to be awarded against the claimant; and (ii) if damages are assessed but cannot be awarded under this section, each party bears its own costs; and (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— (a) deprivation or impairment of earning capacity; or (b) loss of the expectation of financial support; or
which in the opinion of the court should have been awarded; (c) in its management of the proceedings the Commission unreasonably failed to make use of information provided or a defence suggested by the owner or driver, the Commission may only recover the amount which in the opinion of the court is reasonable. (8) In this section— drink driving offence means— (a) an offence under section 49(1)(a) of the Road Safety Act 1986; or (b) a serious indictable offence within the meaning of section 325 of the Crimes Act 1958 to which the consumption of alcohol or a drug was a significant contributing factor; s. 96 unidentified vehicle means a vehicle the identity of which cannot be established as at the date of an accident, and which remains unidentified at least until the commencement of proceedings under subsection (1); S. 96(8) def. of unindemnified vehicle amended by No. 34/1998 s. 14(c). unindemnified vehicle means a vehicle in respect of which there is no indemnity under section 94 and no corresponding indemnity under the law of another State or a Territory; vehicle means a motor vehicle, railway train or tram. S. 96(9) repealed by No. 34/1998 s. 14(d). * * * * *
S. 108 amended by No. 127/1986 s. 102(Sch. 4 item 29.2), repealed by No. 34/1998 s. 16. * * * * * s. 109 109 Transport accident charge S. 109(1) amended by Nos 127/1986 s. 102(Sch. 4 item 29.2), 84/1994 s. 43(1). (1) The owner of a registered motor vehicle must in respect of each prescribed period pay to the Commission the transport accident charge applicable to that motor vehicle for that period. Penalty against this subsection: 5 penalty units. (2) The transport accident charge is payable in advance at the prescribed times or intervals. S. 109(3) amended by No. 127/1986 s. 102(Sch. 4 items 29.2, 29.14). (3) The registration of a motor vehicle must not be made or renewed and a registration permit under the regulations made under Part 2 of the Road Safety Act 1986 must not be granted and a special plate or mark must not be issued under the 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 (ii) in the case of the granting of a registration permit under the regulations made under Part 2 of the Road Safety Act 1986, the period of the permit; S. 109(5) def. of prescribed times or intervals amended by No. 127/1986 s. 102(Sch. 4 items 29.2, 29.16). prescribed times or intervals in relation to the payment of a transport accident charge applicable to a motor vehicle means— (a) the times or intervals prescribed by the regulations in relation to motor vehicles of that class; or
S. 123A inserted by No. 84/1994 s. 48. s. 121 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. 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—
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). * * * * * (f) the keeping and form of any records, registers or other documents as may be necessary for the administration of this Act; S. 132(1)(g) repealed by No. 52/1998 s. 311(Sch. 1 item 95.8(a)). * * * * * (h) any matter which is authorized or required to be prescribed for carrying out or giving effect to this Act. S. 132(2) substituted by No. 127/1986 s. 102(Sch. 4 item 29.20), repealed by No. 84/1994 s. 47. * * * * *
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. 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
S. 139(4)(b) amended by No. 68/2009 s. 97(Sch. item 123.7). (b) under subsection (1)(a) the Commission is not liable to make a payment to that person if convicted of that offence— the Commission may hold that payment— S. 139(4)(c) amended by No. 68/2009 s. 97(Sch. item 123.8). (c) where the charge-sheet is filed within twelve months of the date of the accident—until the charge is heard or withdrawn; or S. 139(4)(d) amended by No. 68/2009 s. 97(Sch. item 123.8). (d) where no such charge-sheet is filed within twelve months of the date of the the expiration of those twelve months. s. 139 140 No requirement to pay if claim less than $60 s. 140 The Commission is not liable to make any payment of compensation under section 141 to a person in respect of an injury or death where the amount of compensation to which that person would, but for this section, be entitled to receive under that section in respect of that injury or death is less than $60. 141 Compensation for deprivation or impairment of earning capacity (1) If a person injured as a result of an accident suffers deprivation or impairment of earning capacity by reason of the injury and, before the commencement of this section, made an application under the repealed Act or makes an application under Part 4 for a payment under this section or the corresponding provision of the repealed Act in respect of that deprivation or impairment, the Commission must, subject to this Act, pay to that person—
of insurance, whichever is the smaller amount but the person shall not so recover unless— (d) within a reasonable time after he or she knew that the owner or driver could not be found he or she gave to the authorized insurer notice in writing of intention to make the claim setting out his or her full name and place of abode, the date and place of the accident, the general nature of the injuries received and a short statement of the circumstances of the accident; or (e) the claimant satisfies the court before which the claim is tried that the authorized insurer has not been materially prejudiced in the defence to the claim by any failure by the claimant to give the notice at the proper time or by any omission from or any insufficiency or defect in the notice. (2) The inquiry and search made for such owner or driver may be proved orally or by the affidavit of the person who made the inquiry and search. 155 Provision for case where identity of car cannot be ascertained s. 155 (1) If the death of or bodily injury to any person is caused by or arises out of the use of a motor car but the identity of the motor car cannot be established, any person who could have obtained a judgment against the owner or driver of the motor car in respect of the death or bodily injury may obtain against the Incorporated Nominal Defendant the judgment which in the circumstances he or she could have obtained against the owner or driver of the motor car but no such judgment may be obtained unless— (a) the person within a reasonable time after he or she knew that the identity of the motor car
the parent or guardian or next friend or person standing in loco parentis or the Public Trustee (as the case may be) is entitled in the name and on behalf of the minor or other person under a legal disability to enter into an agreement in writing with the owner or driver or authorized insurer or the Incorporated Nominal Defendant to accept the amount of compensation so offered or tendered. (2) Every such agreement— S. 168(2)(a) amended by No. 19/1989 s. 16(Sch. item 54.2). (a) may be lodged with the registrar or deputy registrar of the County Court at the sittings nearest or most convenient to the place of residence of the minor or other person under a legal disability; and S. 168(2)(b) amended by Nos 19/1989 s. 16(Sch. item 54.3), 64/1990 s. 18(2)(b). s. 168 (b) if so lodged must be accompanied by an affidavit made by the parent, guardian, next friend, person standing in loco parentis, Public Trustee (as the case may be) who entered into the agreement verifying the facts upon which the agreement is based and be supported by such affidavits as are required by the rules made pursuant to this section or by the County Court. S. 168(3) amended by No. 19/1989 s. 16(Sch. item 54.4 (a)(b)). (3) As soon as may be after lodgment of any such agreement the registrar or deputy registrar shall submit it to the County Court. S. 168(4) amended by No. 19/1989 s. 16(Sch. item 54.5). (4) Such an agreement does not have any force or effect until it has been lodged and approved by order of the County Court pursuant to this section and any agreement so lodged which is with the consent of the parties approved in an amended form shall be deemed to have been lodged in the amended form.