S. 3(1) def. of ambulance service amended by No. 32/1988 s. 4(1)(a). ambulance service means the conveying in of a person by any reasonable means— (a) for the purpose of receiving medical services or hospital services; or (b) to the person's place of residence after receiving medical services or hospital services; S. 3(1) def. of apprentice substituted by No. 45/1990 s. 120, amended by Nos 80/1997 s. 55(Sch. 1 item 4), 24/2006 s. 6.1.2(Sch. 7 item 41.1). apprentice means a person who is an apprentice within the meaning of the Education and Training Reform Act 2006; S. 3(1) def. of child substituted by No. 27/2001 s. 4(Sch. 2 item 4.1(b)). child in relation to a person includes a child of the person or the person's partner or an adopted child of the person or of the person's partner but does not include a child of that person or of the person's partner adopted by another person or persons; Commission means the Transport Accident Commission established under this Act; decision includes declaration, determination, direction or order; S. 3(1) def. of degree of impairment substituted as degree by No. 32/1988 s. 4(1)(b), repealed by No. 34/1998 s. 9(a). * * * * *
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. 3(1) def. of medical practitioner amended by Nos 32/1988 s. 4(4), 23/1994 s. 118(Sch. 1 item 57.1), 97/2005 s. 182(Sch. 4 item 51.1(a)), 13/2010 s. 51(Sch. item 56.1(a)). medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) and, in relation to anything done for the purposes of this Act in a place outside Victoria, includes a medical practitioner who is lawfully qualified under a law in force in that place to do that thing; S. 3(1) def. of medical service amended by Nos 63/1996 s. 98(Sch. item 4), 34/1998 s. 3(a), 78/1997 s. 97(Sch. item 3.1), 84/2000 s. 3(3)(c), 95/2003 s. 25(1), 94/2004 s. 3(1)(c). 97/2005 s. 182(Sch. 4 item 51.1(b)), 60/2007 s. 3(2), 13/2010 s. 51(Sch. item 56.1(b)), 27/2012 s. 27, 71/2013 s. 5(1). medical service, except in Part 10, includes— (a) attendance, examination or treatment of any kind by a medical practitioner, registered dentist, registered optometrist, registered physiotherapist, registered chiropractor and osteopath or registered podiatrist; and (aa) attendance, examination or treatment by a registered occupational therapist, where that attendance, examination or treatment is authorised in accordance with section 23; and (b) attendance, examination or treatment of any kind by a registered psychologist on referral from a medical practitioner; and (ba) the provision of acupuncture by a person— (i) registered as a Chinese medicine practitioner in the Division of Acupuncturists under the Health Practitioner Regulation National Law; or
S. 3(1) def. of private health insurer inserted by No. 60/2007 s. 3(4). private health insurer has the same meaning as in the Private Health Insurance Act 2007 of the Commonwealth; S. 3(1) def. of railway train amended by No. 34/1998 s. 3(b), substituted by No. 107/2004 s. 186. railway train means a railway locomotive, railway carriage or other railway rolling stock but does not include any of those things that— (a) form part of powered equipment operated for hire or reward; and (b) provide entertainment or amusement through movement of the equipment, or part of the equipment, or when passengers travel on, around or along the equipment; S. 3(1) def. of reasonable amended by No. 84/1994 s. 55(1)(a), substituted by No. 60/1996 s. 34. reasonable, in respect of costs, expenses or fees of a service or provision means reasonable having regard to— (a) costs, expenses or fees determined by the Commission as a reasonable amount in relation to that service or provision; and (b) the amount (if any) specified in, or an amount determined in accordance with a method specified in, an Order of the Governor in Council made on the recommendation of the Commission and published in the Government Gazette, as the maximum amount of costs, expenses or fees payable in respect of that service or provision, which maximum amount must not be less than the amount of the fee specified in a Table within the meaning of the Health Insurance Act 1973 of the Commonwealth applicable in respect of
a service or provision of that kind provided in Victoria; and (c) the determination by the Commission of reasonable costs or expenses of, or fees for, the service or provision having regard to— (i) the service or provision actually rendered; and (ii) the necessity of the service or provision, or of the incurring of the expense, in the circumstances; S. 3(1) def. of recreation vehicle substituted by No. 127/1986 s. 102(Sch. 4 item 29.1(e)), amended by Nos 57/1998 s. 29(1)(b), 6/2010 s. 203(1) (Sch. 6 item 46.1) (as amended by No. 45/2010 s. 22). recreation vehicle— (a) for the purposes of Part 10, has the same meaning as in section 86 of the Transport (Compliance and Miscellaneous) Act 1983; and (b) otherwise, means a motor cycle that is of a class of motor cycle eligible to be registered under the Road Safety Act 1986 for a fee that is lower than the registration fee for other classes of motor cycle; S. 3(1) def. of registered motor car repealed by No. 127/1986 s. 102(Sch. 4 item 29.1(f)). * * * * * S. 3(1) def. of registered motor vehicle inserted by No. 127/1986 s. 102(Sch. 4 item 29.1(f)), amended by Nos 84/1994 s. 14, 57/1998 s. 29(1)(c), 84/2000 s. 3(3)(f). registered motor vehicle means— (a) a motor vehicle that is registered in accordance with the Road Safety Act 1986; or (b) a motor vehicle that is not so registered and is not registered under the law of another State or Territory but is usually
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; S. 3(1) def. of university inserted by No. 71/2013 s. 6(1). university has the same meaning as it has in the Education and Training Reform Act 2006;
S. 5 amended by No. 32/1988 s. 5(5). 5 Pre-accident weekly earnings—self-employed persons In this Act, pre-accident weekly earnings in relation to an earner who is a self-employed person who is injured in or dies as a result of a transport accident means the amount assessed by the Commission having regard to the earnings of the person during the three years immediately preceding the accident, costs incurred by the person in obtaining the services of persons in connexion with the business on account of the earner's incapacity and any amounts the earner could have earned from any other occupation. 6 Loss of earnings (1) In this Act a reference to loss of earnings in relation to a person in the first 18 months after a transport accident is to be taken to be a reference to the loss incurred or likely to be incurred having regard to the loss of earnings which the person has incurred and the likely loss of future earnings which that person will incur by reason of the injury. (2) In this section— earnings means such amount as, in the opinion of the Commission, the person concerned would have received by way of income from personal exertion but for the transport accident; S. 6(2) def. of income from personal exertion amended by Nos 27/2001 s. 4(Sch. 2 item 4.4), 60/2007 s. 4(a)(b). income from personal exertion in relation to a person means— (a) the amount that is the income of that person consisting of earnings, salaries, wages, commissions, fees, bonuses, pensions, retiring allowances and retiring gratuities, allowances and gratuities received in the capacity of
(2) The Treasurer must in determining the dividend policy that applies to the Commission have regard to the solvency margin determined to maintain the long term financial viability of the transport accident scheme. Ss 30, 31 repealed by No. 31/1994 s. 4(Sch. 2 item 92). * * * * * S. 32 repealed by No. 32/1988 s. 8. * * * * * 33 Audit S. 33(1)–(4) repealed by No. 31/1994 s. 4(Sch. 2 item 92). * * * * * (5) The Commission may engage a registered company auditor to carry out any inspection and audits that the Commission considers are necessary. Pt 2A (Heading and ss 33A–33I) inserted by No. 79/1992 s. 7, repealed by No. 71/2013 s. 8(4). * * * * * Division 1—Application of Part
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. S. 37(2) repealed by No. 84/1994 s. 28(2). * * * * * 38 Compensation in relation to accidents arising in the course of employment S. 38(1) amended by No. 50/1994 s. 106(a)(b) (i)(c). (1) If, under the Accident Compensation Act 1985, the Victorian WorkCover Authority, an authorised insurer or self-insurer pays compensation to a person in respect of an injury or death— (a) resulting from a transport accident; and S. 38(1)(b) amended by No. 50/1994 s. 106(b)(ii). (b) deemed to have arisen out of or in the course of any employment by reason of section 83(2) (except section 83(2)(a)) of the
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. S. 39 amended by Nos 127/1986 s. 102(Sch. 4 items 29.2, 29.4–29.9), 32/1988 s. 9(1)(a)(b)(2) (a)(i)(ii), 84/1994 s. 29, 34/1998 s. 7, 73/1998 s. 11, substituted by No. 84/2000 s. 12. 39 Circumstances in which a person is not entitled to compensation (1) The Commission is not liable to pay compensation under this Act in respect of a person who is injured or dies as a result of a transport accident if— S. 39(1)(a) amended by No. 49/2018 s. 5(1). (a) in the case of a transport accident involving a motor vehicle or pedal cycle (other than a recreation vehicle)— S. 39(1)(a)(i) amended by Nos 37/2014 s. 10(Sch. item 170.2(a)), 49/2018 s. 5(2). (i) that occurred in Victoria—a report is not made to a police officer whether under section 61 or 61A of the Road Safety Act 1986 or otherwise; or
S. 40 amended by Nos 127/1986 s. 102(Sch. 4 items 29.2, 29.10), 32/1988 s. 9(2)(b) (i)–(iv), 84/1994 s. 29, substituted by No. 84/2000 s. 12. 40 Circumstances in which certain compensation is not payable or is reduced (1) The Commission is not liable to pay compensation under section 44 or 45 to a person who is injured as a result of a transport accident if— (a) the person— (i) was driving a motor vehicle at the time of the transport accident; and (ii) is convicted, in respect of driving the motor vehicle at that time, 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— unless the person satisfies the Commission that the intoxicating liquor or drug did not contribute in any way to the transport accident; or (b) the person was, at the time of the transport accident, the driver of, or a passenger in, a motor vehicle owned by the person in respect of which a transport accident charge payable in respect of a period including that time had not been paid; or (c) the person was, at the time of the transport accident, the driver of a motor vehicle and— (i) had never held a licence to drive a motor vehicle of that class under the Road Safety Act 1986 or a corresponding previous enactment or under a law that is in relation to the Road Safety Act 1986 a corresponding law or under a law of another country; or
S. 40A inserted by No. 84/2000 s. 12. 40A General provisions (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 Commission that a charge-sheet charging an offence may be filed against the person; and (b) the Commission is not liable under section 39 or 40 to make a payment to that person if he or she is convicted of that offence. (2) The Commission may withhold a payment referred to in subsection (1)— S. 40A(2)(a) amended by No. 68/2009 s. 97(Sch. item 123.2). (a) if the charge-sheet is filed within the limitation period after the date of the transport accident, until the charge is heard or withdrawn; or S. 40A(2)(b) amended by No. 68/2009 s. 97(Sch. item 123.2). (b) if no such charge-sheet is filed within the limitation period after the date of the transport accident, until the expiration of that period. (3) In subsection (2), the limitation period after the date of the transport accident means— S. 40A(3)(a) amended by No. 68/2009 s. 97(Sch. item 123.3). (a) the period after the transport accident within which the charge-sheet could be filed; or (b) the period of two years after the transport accident— whichever is the shorter. (4) If—
(a) who is riding a pedal cycle as part of, or in a test in preparation for, an organised race or speed trial; and (b) the person is injured or dies as a result of a transport accident involving the driving of an unauthorised vehicle. S. 41(1C) inserted by No. 49/2018 s. 6(4). (1C) In subsection (1B), unauthorised vehicle means a vehicle that is not participating in the organised race or speed trial. S. 41(2) amended by No. 127/1986 s. 102(Sch. 4 item 29.12), substituted by No. 49/2018 s. 6(5). (2) In this section, speed trial means an organised motor vehicle or pedal cycle event, or any part of such an event, that is a competitive test of speed an object of which is, or requires for its attainment, the travelling over a distance in the shortest possible time, but does not include an event, or any part of an event, in which it is a condition of participation that participants comply with all applicable road laws. S. 41A inserted by No. 84/1994 s. 6. 41A Unregistered motor vehicle accidents on private land excluded (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 the driving of an unregistered motor vehicle or unregistered motor vehicles on private land. (2) In subsection (1)— private land means any land (whether publicly or privately owned) that— (a) is not a highway; and (b) members of the public may not enter or may not remain on without permission; unregistered motor vehicle means a motor vehicle which has never been registered under Part 2 of the Road Safety Act 1986
S. 46A(2B) inserted by No. 60/2007 s. 8(2). (2B) The A.M.A Guides apply in respect of an assessment under section 3.3d of Chapter 3 of the A.M.A Guides as if the following were omitted— "with the Injury Model, surgery to treat an impairment does not modify the original impairment estimate, which remains the same in spite of any changes in signs or symptoms that may follow the surgery and irrespective of whether the patient has a favourable or unfavourable response to treatment". S. 46A(2C) inserted by No. 71/2013 s. 14(2), repealed by No. 18/2016 s. 3(2), new s. 46A(2C) inserted by No. 73/2016 s. 7(2). (2C) The A.M.A Guides and the Spinal Impairment Guides Modification Document apply in respect of an assessment of impairment under section 3.3 of Chapter 3 of the A.M.A Guides, and if there is any inconsistency between the A.M.A Guides and the Spinal Impairment Guides Modification Document, the Spinal Impairment Guides Modification Document prevails, to the extent of the inconsistency. S. 46A(2D) inserted by No. 71/2013 s. 14(2), repealed by No. 18/2016 s. 3(2), new s. 46A(2D) inserted by No. 73/2016 s. 7(2). (2D) The Spinal Impairment Guides Modification Document may be amended, varied or substituted by a subsequent edition of the Spinal Impairment Guides Modification Document published by the Commission in the Government Gazette. S. 46A(2E) inserted by No. 73/2016 s. 7(2). (2E) An amendment, variation or substitution of the Spinal Impairment Guides Modification Document under subsection (2D) has effect on the day after the day on which the amendment, variation or substitution (as the case may be) is published in the Government Gazette.
S. 46A(4)(b) amended by No. 71/2013 s. 15(b). (b) must be assessed as a binaural loss of hearing and determined in accordance with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory. S. 46A(5) inserted by No. 34/1998 s. 8. (5) An approval by the Minister for the purposes of subsection (4)(a)(i) continues in force for the period not exceeding 12 months as is specified by the Minister in the approval unless revoked by the Minister. S. 46A(6) inserted by No. 34/1998 s. 8, substituted by No. 41/2006 s. 30(1). (6) For the purposes of assessing the degree of psychiatric impairment the A.M.A Guides apply, subject to any regulations made for the purposes of this section, as if for Chapter 14 there were substituted the guidelines entitled "The Guide to the Evaluation of Psychiatric Impairment for Clinicians". S. 46A(6A) inserted by No. 41/2006 s. 30(1), amended by Nos 71/2013 s. 14(3), 18/2016 s. 3(3). (6A) The guidelines referred to in subsection (6)— (a) must be published by the Commission in the Government Gazette; (b) have effect on the day after the day on which the guidelines are published in the Government Gazette; (c) may be amended, varied or substituted by a subsequent edition of the guidelines published by the Commission in the Government Gazette. S. 46A(7) inserted by No. 34/1998 s. 8, amended by No. 60/2007 s. 8(3)(b), substituted by No. 73/2016 s. 7(3). (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;
Spinal Impairment Guides Modification Document means the Spinal Impairment Guides Modification Document published in the Government Gazette on 6 October 2016. 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.
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. 48 amended by Nos 32/1988 s. 12(7), 84/1994 ss 33(1), 55(2)(o), substituted by No. 94/2004 s. 13. 48 Impairment benefit where more than one accident involved (1) In this section, the relevant date is the date of commencement of section 13 of the Transport Accident (Amendment) Act 2004. (2) This section applies if— (a) a person is injured as a result of one or more transport accidents; and (b) the person has a total degree of impairment of 11% or more as a result of that accident, or those accidents; and (c) the person is injured in a subsequent transport accident, and the person's total degree of impairment is increased by 1% or more as a result of that subsequent accident. (3) This section also applies if— (a) a person is injured as a result of one or more transport accidents; and (b) the person has a total degree of impairment of 1% or more, but less than 11%, as a result of that accident, or those accidents; and (c) the person is injured in a subsequent transport accident, and the person's total degree of impairment as a result of the transport accidents is increased to 11% or more; and (d) the person has not previously become entitled to a benefit under this section.
49 Total loss of earning capacity (1) The Commission is liable to pay to an earner who, as a result of a transport accident— (a) is injured; and (b) suffers total loss of earning capacity— a weekly payment in respect of that loss after the first 18 months after the accident or after the earner ceases to be entitled to payments under section 44 or 45, whichever last occurs, while that loss continues. (2) Subject to subsection (3), the amount of the weekly payment under this section is— S. 49(2)(a) amended by No. 84/1994 s. 33(2)(a). (a) 80 per centum of the earner's pre-accident earning capacity; or S. 49(2)(b) amended by No. 84/1994 ss 33(2)(b), 55(2)(e). (b) if the earner has no dependants—$270; or S. 49(2)(c) amended by No. 84/1994 s. 32(2)(c). (c) if the earner has dependants—an amount equal to the sum of— S. 49(2)(c)(i) amended by No. 84/1994 s. 55(2)(e). (i) $270; and S. 49(2)(c)(ii) amended by No. 84/1994 s. 55(2)(c). (ii) $76 for one dependant; and
(2) Subject to subsection (3), the amount of the weekly payment under this section is— S. 50(2)(a) amended by No. 84/1994 s. 33(3)(a). (a) 85 per centum of the difference between the earner's post-accident earning capacity and the earner's pre-accident earning capacity; or S. 50(2)(b) amended by No. 84/1994 ss 33(3)(b), 55(2)(e). (b) if the earner has no dependants—$270, less the earner's post-accident earning capacity; or S. 50(2)(c) amended by No. 84/1994 s. 33(3)(c). (c) if the earner has dependants—an amount equal to the sum of— S. 50(2)(c)(i) amended by No. 84/1994 s. 55(2)(e). (i) $270; and S. 50(2)(c)(ii) amended by No. 84/1994 s. 55(2)(c). (ii) $76 for one dependant; and S. 50(2)(c)(iii) amended by No. 84/1994 s. 55(2)(a). (iii) $25 for each other dependant— less the earner's post-accident earning capacity— whichever is the greater. (3) A weekly payment under this section must not exceed— S. 50(3)(a) amended by No. 84/1994 ss 33(3)(d), 55(2)(h). (a) $504, less the earner's post-accident earning capacity; or
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 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—
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 and pay to the person an amount determined in accordance with the regulations. S. 56(2) amended by No. 94/2004 s. 11(5)(d). (2) A person to whom a payment is made under this section ceases to be entitled to benefits under section 49, 50 or 51.
compensation, payments in respect of those expenses. S. 60(2CA) inserted by No. 49/2018 s. 12(2). (2CA) If a parent of a dependent child injured and admitted to hospital as a result of a transport accident incurs a loss of wages by reason of visiting the dependent child in the hospital, the Commission is, subject to this Act, liable to pay as compensation, payments not exceeding $10 000. S. 60(2CB) inserted by No. 49/2018 s. 12(2). (2CB) The Commission is not liable to pay compensation under this section in respect of the first 5 days of loss of wages. S. 60(2CC) inserted by No. 49/2018 s. 12(2). (2CC) With respect to subsection (2CA), the Commission must not make a contribution in respect of a day that exceeds one-fifth of the current amount specified in section 44(3)(a). S. 60(2CD) inserted by No. 49/2018 s. 12(2). (2CD) If, by reason of subsection (2CB), the Commission is not liable to make a payment to a parent in respect of loss of wages, the Commission may make such a payment if it is satisfied that the parent would suffer acute financial hardship if a payment were not made. S. 60(2D) inserted by No. 84/2000 s. 19(1), amended by No. 27/2001 s. 4(Sch. 2 item 4.11(c) (i)(ii)), substituted by No. 60/2007 s. 14(4). (2D) Subsection (2E) applies if— (a) a person is injured and admitted as an inpatient in a hospital as a result of a transport accident; and (b) the hospital is located at least 100 kilometres from the normal residence of members of the immediate family of the person referred to in paragraph (a); and S. 60(2D)(c) amended by No. 71/2013 s. 20(1). (c) members of the immediate family incur reasonable travelling or accommodation expenses by reason of visiting the person referred to in paragraph (a) in hospital.
(i) to enter and leave the home in which the person resides; and (ii) to move about the home for necessary purposes; (d) the extent of the modifications that will be needed to address those restrictions or likely restrictions; (e) any complex, unique or unusual circumstances associated with those modifications; (f) whether the cost of those modifications is likely to exceed the value of the home in which the person resides. S. 60(4B) inserted by No. 94/2004 s. 19. (4B) If a person moves from a home that has modifications to which the Commission made a contribution, in assessing whether to make a payment in respect of modifications to the person's new home, the Commission must have regard to the appropriateness of that home for modification, having regard to all relevant circumstances, with respect to the modifications that are needed. S. 60(5) inserted by No. 84/2000 s. 20(1), amended by No. 60/2007 s. 14(5). (5) The Commission must not make a payment or contribution under subsection (3) or (4) which exceeds $10 000 or a greater amount as may be prescribed, unless the person enters into an agreement with the Commission in relation to the ownership of, and maintenance of modifications to, the motor vehicle, home or semi-detachable portable unit. S. 60(6) inserted by No. 84/2000 s. 20(1), amended by No. 94/2004 s. 20. (6) Without limiting what may be included in an agreement under subsection (5), the agreement must include provisions in respect of— (a) subsequent modifications; (b) changes of ownership;
(b) the hospital services were received at least 3 years after the transport accident occurred; and (c) while in hospital, or while recovering from the treatment he or she received in the hospital, the person— (i) suffers a loss of wages; or (ii) needs assistance with child care, home services or post-acute support. (2) The Commission is liable to pay as compensation to the person— (a) a contribution for the loss of wages; (b) a reasonable contribution for the child care, home services or post-acute support required by the person in Australia, but only if those services are provided by a person authorised for the purposes of this section under section 23. (3) With respect to subsection (2)(a), the Commission must not make a contribution in respect of a day that exceeds one fifth of the current amount specified in section 44(3)(a). (4) The Commission is only liable to pay a total of $3500 to a person under this section in respect of the injuries sustained in one transport accident. (5) With respect to the injuries sustained in one transport accident, the limit in subsection (4) applies as at the date a hospital service referred to in subsection (1) is first received in respect of the injuries. S. 60B inserted by No. 94/2004 s. 25. 60B Travel allowance payment agreements (1) This section applies if— (a) a person receives a severe injury as a result of a transport accident; and
(whether statutory or otherwise) of the like nature; and S. 62(1)(b) amended by No. 27/2001 s. 4(Sch. 2 item 4.12). (b) a child shall be deemed to be a dependant of the earner whether or not the child is also a dependant of a partner of the earner. S. 62(2) amended by Nos 32/1988 s. 17(2), 27/2001 s. 4(Sch. 2 item 4.12). (2) For the purposes of sections 44, 45, 49 and 50, if an earner and his or her partner are both entitled to compensation under this Act, a dependant of both the earner and the partner— S. 62(2)(a) amended by No. 27/2001 s. 4(Sch. 2 item 4.12). (a) shall be deemed to be a dependant of either the earner or the partner but not both; and S. 62(2)(b) amended by No. 27/2001 s. 4(Sch. 2 item 4.12). (b) unless the earner and the partner otherwise request in writing, shall be deemed to be a dependant of the one of the earner and the partner whose pre-accident weekly earnings are the lower. Pt 3 Div. 4 (Heading and s. 62A) inserted by No. 49/2018 s. 14. Division 4—Professional administration costs S. 62A inserted by No. 49/2018 s. 14. 62A Professional administration costs The Commission is liable to pay professional administration costs in circumstances where— (a) a person is injured as a result of a transport accident; and (b) by reason of such injury the person is entitled to compensation under this Part; and
S. 77(3) repealed by No. 52/1998 s. 311(Sch. 1 item 95.5(b)), new s. 77(3) inserted by No. 94/2004 s. 29. (3) If any dispute arises in relation to an individual funding agreement or a proposed individual funding agreement, a party (or a proposed party) to the agreement may apply to the Tribunal for a resolution of the dispute within 3 months after the dispute arises. S. 77(4) amended by Nos 52/1998 s. 311 (Sch. 1 item 95.5(c)) (as amended by No. 101/1998 s. 22(1)(n)), 84/2000 s. 27(1). (4) The Tribunal may fix a date for the hearing of an application but must not commence any proceedings in relation to the application until— (a) notice is received under section 80 (2) that the Commission has re-affirmed the decision; or (b) the Commission is deemed by section 80(3) to have re-affirmed the decision; or (c) an application is made under section 78(5). S. 77(5) inserted by No. 62/2014 s. 58(3). (5) In this section— Protocols means the No Fault Dispute Resolution Protocols agreed between the Commission, the Law Institute of Victoria and the Australian Lawyers Alliance on 1 March 2005 as amended from time to time. 78 Commission to reconsider decision S. 78(1) amended by No. 84/2000 s. 27(2). (1) The Commission must, within 28 days after receiving a copy of an application under section 77 for review of a decision of the Commission, reconsider the decision or give the applicant a notice under subsection (2). S. 78(2) amended by No. 32/1988 s. 19(1). (2) For the purposes of reconsidering a decision, the Commission may, by notice given to the applicant, require the applicant to give further and better particulars about the reasons for the application to the Tribunal and such further information relating to the claim as the Commission requires.
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. 94(2)(a) amended by Nos 127/1986 s. 102(Sch. 4 item 29.2), 32/1988 s. 21(3). (a) in respect of any period in respect of which the transport accident charge applicable to the motor vehicle for that period has not been paid; or S. 94(2)(aa) inserted by No. 32/1988 s. 21(4). (aa) in respect of the period commencing when the transport accident charge applicable to the motor vehicle was due to be paid and ending when that transport accident charge was paid; or S. 94(2)(b) amended by Nos 44/1989 s. 41(Sch. 2 item 42.3), 84/1994 s. 45(b)(i)(ii), 104/1997 s. 56(4), 26/2000 s. 28. (b) in respect of a railway train or tram during any period in respect of which an agreement under section 115 in respect of the railway train or tram is not in force; or S. 94(2)(c) inserted by No. 26/2000 s. 28, amended by No. 54/2000 s. 25(6). (c) in respect of any liability of the owner or driver of a registered motor vehicle or the operator, owner or driver of a railway train or tram or the manager of the railway or tramway on which a railway train or tram is operated, to pay compensation for a matter for which compensation is awarded under Subdivision (1) of Division 2 of Part 4 of the Sentencing Act 1991. S. 94(2A) inserted by No. 84/2000 s. 31(1). (2A) Subsection (1) does not apply in respect of any liability in respect of a transport accident involving an organised motor vehicle race or speed trial or a test in preparation for such a race or trial to which section 41(1) applies. S. 94(2B) inserted by No. 94/2004 s. 30. (2B) With respect to subsection (2)(aa), subsection (1) does apply in respect of any period when the charge was unpaid if the charge was subsequently paid within 28 days after it was due to be paid.
(11) The owner or driver must sign all warrants and authorities that the Commission requires for the purpose of enabling the Commission to have the conduct and control of proceedings under subsection (10). (12) If an owner or driver fails to comply with a requirement under subsection (11) upon being requested to do so, the Commission may sign all warrants and authorities specified in subsection (11) on behalf of the owner or driver. S. 94(13) amended by No. 127/1986 s. 102(Sch. 4 item 29.2). (13) A reference in this section to the driver of a motor vehicle, railway train or tram is a reference to a person who drives the motor vehicle, railway train or tram whether with or without the authority of the owner. S. 94A inserted by No. 50/1994 s. 108. 94A Settlement between Commission and Victorian WorkCover Authority S. 94A(1) amended by No. 67/2013 s. 649(Sch. 9 item 32(12)). (1) Where the Commission— (a) is liable to indemnify an owner or driver under section 94; or (b) may become liable to indemnify a person under section 94— and that owner or driver is liable or that person may become liable to indemnify the Victorian WorkCover Authority, an employer or an authorised insurer under section 138 of the Accident Compensation Act 1985 or section 369 of the Workplace Injury Rehabilitation and Compensation Act 2013, the Commission and the Authority— (c) may undertake the settlement of any claim against that owner or driver; (d) may undertake the settlement of any potential claim against that person.
S. 108 amended by No. 127/1986 s. 102(Sch. 4 item 29.2), repealed by No. 34/1998 s. 16. * * * * * 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), amended by No. 68/2017 s. 121. (4) If a transport accident charge payable at the prescribed time or interval following the expiry of a prescribed period of 3 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
(e) to build statistical models that identify crash risk factors, compensation cost factors and the likelihood of injury or crashes for a road user or vehicle. (2) In this section— relevant information has the same meaning as it has in section 90I of the Road Safety Act 1986; relevant person has the same meaning as it has in section 90I of the Road Safety Act 1986. 127 Access to police and other records (1) The Chief Commissioner of Police must furnish to the Commission any information relating to a transport accident in the possession or under the control of the Chief Commissioner that the Commission requests. S. 127(2) substituted by No. 84/1994 s. 51, amended by No. 73/1996 s. 97(e). (2) The Commission must pay to the Chief Commissioner of Police the reasonable costs of furnishing information to the Commission under subsection (1) as are specified in a statement given to the Commission from time to time by the Chief Commissioner of Police. S. 127(2A) inserted by No. 84/1994 s. 51. (2A) For the purposes of subsection (2), reasonable costs means the costs incurred by the Chief Commissioner of Police in addition to the costs otherwise incurred in the performance of routine report taking and investigation functions. (3) An employer of a person who is injured or dies as a result of a transport accident must furnish to the Commission such documents and other information as the Commission reasonably requires, including particulars about any payments made or to be made to the person as an employee
(d) make a record of, or divulge or communicate to any person, any information— (i) that identifies or could lead to the identification of any person; and (ii) that is or was acquired by the person by reason of being or having been so appointed, engaged or authorised; or (e) make use of any such information— for any purpose other than the performance of duties or the performance or exercise of that function or power. 10 penalty units. (2) Nothing in subsection (1) precludes a person from— (a) producing a document to a court in the course of criminal proceedings or in the course of any proceeding under this Act; or S. 131(2)(b) amended by No. 84/1994 s. 53(2)(a). (b) divulging or communicating to a court in the course of any proceedings referred to in paragraph (a) any matter or thing coming under the notice of the person in the performance of duties under this or any other Act or in the performance of a function or the exercise of a power referred to in that subsection; or S. 131(2)(c) amended by Nos 84/1994 s. 53(2)(b), 60/2007 s. 18, 67/2013 s. 649(Sch. 9 item 32(13)). (c) producing a document or divulging or communicating information relating to a worker who is or has received compensation under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 to the Victorian WorkCover Authority, or an authorised insurer or selfinsurer within the meaning of that Act; 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
Division 2—Accident Compensation and Transport Accident Acts (Amendment) Act 2003 S. 178 inserted by No. 95/2003 s. 32. 178 Definitions In this Division— amending Act means the Accident Compensation and Transport Accident Acts (Amendment) Act 2003; commencement date means the day after the day on which the amending Act receives the Royal Assent. S. 179 inserted by No. 95/2003 s. 32. 179 Section 3 (Definition of medical service) The definition of medical service in section 3(1), as amended by section 25(1) of the amending Act, only applies to services provided on or after the date of commencement of section 25. S. 180 inserted by No. 95/2003 s. 32. 180 Section 46C (Rounding of assessments of impairment) (1) Section 46C applies to any determination of the degree of impairment in respect of an injury (including any determination of the degree of impairment in respect of an injury referred to in section 177(1)) made on or after the date of commencement of section 28. (2) If—
S. 223 inserted by No. 71/2013 s. 30. 223 Amendment of section 74 (cessation or review of liability to pay compensation in certain circumstances) This Act, as amended by section 25 of the amending Act, applies in respect of all claims, regardless of when the claim is made. S. 224 inserted by No. 71/2013 s. 30. 224 Amendment to section 93 (common law damages claims for mental injury due to injury or death of tortfeasor) (1) Subject to subsection (2), this Act, as amended by section 26 of the amending Act, applies in respect of a transport accident that occurs on or after the commencement date. (2) This Act, as amended by section 26 of the amending Act, does not apply to a person who, as at the commencement (a) has been issued a certificate under section 93(4)(c)(ii); or (b) has been granted leave under section 93(4)(d). S. 225 inserted by No. 71/2013 s. 30. 225 Serious injury applications This Act, as amended by section 27 of the amending Act, applies in respect of an application made on or after 16 October 2013— (a) for a certificate under section 93(4)(c)(ii); or (b) for leave under section 93(4)(d). S. 226 inserted by No. 71/2013 s. 30. 226 Amendment of section 120 (increasing the time limit for certain criminal prosecutions)
This Act, as amended by section 28 of the amending Act, applies to an offence against section 116, 117 or 117C that is alleged to have been committed on or after the commencement date. Pt 11 Div. 8 (Heading and ss 227–227C) inserted by No. 18/2016 s. 7. Division 8—Transport Accident Amendment Act 2016 S. 227 inserted by No. 18/2016 s. 7. 227 Definition In this Division, amending Act means the Transport Accident Amendment Act 2016. S. 227A inserted by No. 18/2016 s. 7. 227A Amendment of section 61 (Indexation) This Act, as amended by section 4 of the amending Act, applies to all claims, regardless of when the claim was made. S. 227B inserted by No. 18/2016 s. 7. 227B Repeal of section 93(2A) This Act, as amended by section 5 of the amending Act, applies to all transport accidents, regardless of when the accident occurred. S. 227C inserted by No. 18/2016 s. 7. 227C Repeal of section 93(17A) This Act, as amended by section 6 of the amending Act, applies to an application made on or after 16 October 2013— (a) for a certificate under section 93(4)(c)(ii); or
(2) In this section— amending Act means the Compensation Legislation Amendment Act 2018; commencement date means the day on which Part 2 of the amending Act comes into operation. Pt 11 Div. 12 (Heading and s. 232) inserted by No. 68/2017 s. 122. Division 12—Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017 S. 232 inserted by No. 68/2017 s. 122. 232 Amendment of section 109 (transport accident charge) Section 109, as amended by section 121 of the Transport Legislation Amendment (Road, Safety, Rail and Other Matters) Act 2017, applies to all transport accidents, regardless of when the accident occurred. Pt 11 Div. 13 (Heading and s. 233) inserted by No. 49/2018 s. 18. Division 13—Treasury and Finance Legislation Amendment Act 2018 S. 233 inserted by No. 49/2018 s. 18. 233 Amendment of section (1) In this Division— amending Act means the Treasury and Finance Legislation Amendment Act 2018;