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ACCIDENT COMPENSATION ACT 1985 - SECT 82A

Circumstances in which weekly payments are reduced because of conviction for drink-driving offence

    (1)     This section applies if—

        (a)     a worker's incapacity for work results from, or is materially contributed to by, an injury that—

              (i)     entitles the worker to compensation in the form of weekly payments; and

              (ii)     was caused by a transport accident involving a motor vehicle of which the worker was the driver at the time of the accident; and

        (b)     in respect of such driving, the worker is convicted or found guilty of an offence under section 49(1)(b), (f) or (g) of the Road   Safety Act 1986 or under a law that is declared to be a corresponding law under section 47A(2) of the Road Safety Act 1986 .

    (2)     In respect of a worker to whom section 52 of the Road Safety Act 1986 applies, compensation in the form of weekly payments under this Part is reduced for a period of 130 weeks (whether or not consecutive) from the date on which notice of the reduction is given to the worker in accordance with section 114(10)—

        (a)     if the level of alcohol in the worker's blood was more than zero grams and less than 0·12 grams per 100 millilitres of blood or in the worker's breath was more than zero grams and less than 0·12 grams per 210 litres of exhaled air—by one third;

        (b)     if the level of alcohol in the worker's blood was not less than 0·12 grams and less than 0·24 grams per 100 millilitres of blood or in the worker's breath not less than 0·12 grams and less than 0·24 grams per 210 litres of exhaled air—by two thirds.

    (3)     In respect of a worker (other than a worker to whom section 52 of the Road Safety Act 1986 applies), compensation in the form of weekly payments under this Part is reduced for a period of 130 weeks (whether or not consecutive) from the date on which notice of the reduction is given to the worker in accordance with section 114(10)—

        (a)     if the level of alcohol in the worker's blood was not less than 0·05 grams, and less than 0·12 grams per 100 millilitres of blood or in the worker's breath not less than 0·05 grams and less than 0·12 grams per 210 litres of exhaled air—by one third;

        (b)     if the level of alcohol in the worker's blood was not less than 0·12 grams and less than 0·24 grams per 100 millilitres of blood or in the worker's breath not less than 0·12 grams and less than 0·24 grams per 210 litres of exhaled air—by two thirds.

    (4)     This section does not apply if—

        (a)     the injury results in death or is a severe injury within the meaning of section 82; or

        (b)     the worker satisfies the Authority or self‑insurer that the concentration of, or presence of, alcohol in the blood or the breath of the worker did not contribute in any way to the injury.

S. 82B inserted by No. 9/2010 s. 15.



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