Victorian Current Acts

TRANSPORT ACCIDENT ACT 1986

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Pre-accident weekly earnings  
   4A.     Pre-accident weekly earnings—apprentices, trainees etc.  
   5.      Pre-accident weekly earnings—self-employed persons  
   6.      Loss of earnings  
   7.      Loss of earning capacity  
   8.      Objects of Act  
   9.      Act to bind the Crown  

   PART 2--THE TRANSPORT ACCIDENT COMMISSION

   10.     Transport Accident Commission  
   10A.    TAC no longer a reorganising body  
   11.     Objectives of the Commission  
   12.     Functions of the Commission  
   13.     Powers of the Commission  
   14.     Accountability of the Commission  
   15.     Board of Management  
   16.     Terms and conditions of office of Director  
   17.     Acting Chairperson  
   18.     Acting Directors  
   19.     Validity of acts or decisions  
   20.     Proceedings of the Board  
   20A.    Resolutions without meetings  
   21.     Disclosure of interests  
   22.     Delegation  
   23.     Commission may authorise persons or services  
   24.     Advisory committees  
   25.     Chief Executive Officer and other staff  
   26.     Fund management agents  
   27.     Transport Accident Fund  
   28.     Borrowing powers  
   29.     Budget  
   29A.    Repayment of capital  
   29B.    Dividends  
   33.     Audit  

           Division 1--Application of Part

   34.     Application of Part  

           Division 2--Entitlement to compensation

   35.     Persons entitled to compensation  
   36.     Discretion of Commission to pay compensation  
   37.     Circumstances where Commission not liable to pay compensation  
   38.     Compensation in relation to accidents arising in the course of employment  
   38AA.   Settlement between Commission and Victorian WorkCover Authority  
   38A.    Commission not liable where compensation payable under Accident Compensation Act 1985 or Workplace Injury Rehabilitation and Compensation Act 2013  
   39.     Circumstances in which a person is not entitled to compensation  
   40.     Circumstances in which certain compensation is not payable or is reduced  
   40A.    General provisions  
   41.     Sport accidents excluded  
   41A.    Unregistered motor vehicle accidents on private land excluded[7]  
   41B.    Uninsured motor vehicle accidents on private land[8]  
   42.     Entitlement to compensation outside Victoria  
   43.     Liability for losses in first five days etc.  

           Division 3--Benefits

   44.     Total loss of earnings  
   45.     Partial loss of earnings  
   45AA.   Interim payments to self-employed person  
   45AB.   Interim payments to be reconciled with actual entitlements  
   45AC.   Seasonal earners may opt to receive loss of earnings payments on seasonal basis  
   45A.    Advice of return to work  
   46.     Review of eligibility at 18 months  
   46A.    Degree of impairment  
   46AA.   Changes to methods of determining degree of impairment  
   46B.    Assessment of impairment  
   46C.    Rounding of assessments of impairment  
   47.     Impairment benefit  
   48.     Impairment benefit where more than one accident involved  
   49.     Total loss of earning capacity  
   50.     Partial loss of earning capacity  
   50A.    Loss of earning capacity—after return to work  
   51.     Loss of earning capacity—non-earners  
   52.     Commission not liable where payments less than certain amount  
   53.     Cessation of loss of earnings payments  
   54.     Minors' additional benefits  
   54A.    Safety net income benefit for persons with severe injuries  
   55.     Review—after first 18 months  
   56.     Redemption of payments if less than certain amount  
   56A.    Redemption of impairment benefit annuity in respect of pre 16/12/2004 transport accidents  
   57.     Death benefit for surviving partner  
   58.     Surviving partner—periodical payments  
   59.     Surviving children  
   60.     Medical and like benefits  
   60A.    Post hospital support payments  
   60B.    Travel allowance payment agreements  
   61.     Indexation  
   61A.    Individual funding agreements  
   61B.    Contents of individual funding agreements  
   61C.    Other provisions concerning individual funding agreements  
   61D.    Agreements where person has a legal disability  
   62.     General provisions relating to the payment of compensation  

           Division 4--Professional administration costs

   62A.    Professional administration costs  

   PART 4--CLAIMS PROCEDURE

           Division 1--Application of Part

   63.     Application of Part  

           Division 2--Claims under this Act

   64.     Notice of accident  
   65.     Provisions applying to notice under section 64  
   66.     Payment of penalty  
   67.     Form of claim  
   67A.    Authority to release information  
   68.     Time for making claim under Part 3  
   69.     Time for making claim under Division 1 of Part 10  
   70.     Decision on eligibility for compensation  
   71.     Medical examinations  
   72.     Interim payments  
   73.     Time of payment  
   74.     Cessation or review of liability to pay compensation in certain circumstances  
   75.     Overpayments  
   76.     Proof of entitlement  

           Division 2A--Private health insurers and administrators

   76A.    Commission may reimburse private health insurer  
   76B.    Commission may pay professional administration costs to administrator  

           Division 3--Reviews

   77.     Application to Tribunal  
   78.     Commission to reconsider decision  
   79.     Costs  
   80.     Commission may vary decision  
   82.     Application of Division  

   PART 5--TRAILERS

   84.     Definitions  
   85.     Survival of actions  
   86.     Insurance in respect of trailers  
   87.     Rights to recover against Commission  
   88.     Provision where owner etc. of trailer cannot be found  
   89.     Apportionment of costs  
   90.     Notice of accidents etc.  
   91.     Persons in charge of trailers  
   92.     Agreements by next friends etc.  

   PART 6--LEGAL RIGHTS OUTSIDE THIS ACT

           Division 1--Damages in respect of death or serious injury

   93.     Actions for damages[11]  
   93A.    Abolition of per quod servitium amisit  
   93D.    Directions[19]  

           Division 2--Indemnity by Commission

   94.     Indemnity  
   94A.    Settlement between Commission and Victorian WorkCover Authority  
   95.     Survival of actions  
   96.     Transport accidents involving unidentified or unindemnified vehicles  
   98.     Apportionment of costs  
   99.     Indemnified person to give notice  
   100.    Driver of motor vehicle etc. and other persons to give notice of accidents  
   102.    Unauthorized or intoxicated drivers  
   103.    Agreements by next friends etc.  

           Division 3--General

   104.    Indemnity by third party  
   105.    Amounts to be repaid to Commission where damages recovered  
   106.    Contributory negligence  
   107.    Commission may take proceedings  
   107A.   Compensation for pain and suffering  

   PART 7--TRANSPORT ACCIDENT CHARGES

   109.    Transport accident charge  
   110.    Rates of charges  
   111.    Interstate vehicles  
   112.    Motor vehicles under control of manufacturers  
   115.    Agreements in respect of the operation of trains or trams  

   PART 8--OFFENCES AND PROCEEDINGS

   116.    Fraud  
   117.    False information  
   117A.   Refunding money to Commission  
   117B.   Obtaining benefits that are not payable  
   117C.   Failure to pay full amount of transport accident charge  
   118.    Obstructing officers  
   119.    General penalty  
   120.    Commencement of prosecutions  

   PART 9--GENERAL

   121.    Agreements with providers of ambulance services, hospital services or road accident rescue services  
   123A.   Service provider not Commission employee  
   124.    Statement of Commission prima facie evidence of certain matters  
   124A.   Certificate of Commission  
   125.    Payment after death of person entitled  
   126.    Assignment and attachment  
   126A.   Application of legal professional privilege and client legal privilege  
   126B.   Use of documents relating to claims  
   126C.   Disclosure of information collected or received by the Secretary to the Department of Transport  
   127.    Access to police and other records  
   127A.   Powers of inspection  
   127B.   Offence to obstruct inspection  
   128.    Signature  
   129.    Service of documents by Commission  
   130.    Service of documents on Commission  
   131.    Secrecy provision  
   131A.   Commission may refer misconduct etc. to appropriate body and suspend payment  
   132.    Regulations  
   132A.    Transitional provisions  
   132B.   Supreme Court-limitation of jurisdiction  
   132C.   Supreme Court—limitation of jurisdiction  
   132D.   Supreme Court—limitation of jurisdiction  

   PART 10--ACCIDENTS BEFORE COMMENCEMENT OF SECTION 34

           Division 1--Motor accident benefits

   133.    Application of Division  
   134.    Definitions  
   135.    Compensation under this Division  
   136.    Payment to persons not resident in Victoria  
   137.    Payments where other compensation applies  
   138.    Payments where person entitled to accident compensation  
   139.    Commission not liable for payments in certain circumstances  
   140.    No requirement to pay if claim less than $60  
   141.    Compensation for deprivation or impairment of earning capacity  
   142.    Payment to dependent partner  
   143.    Payment to dependent child  
   144.    Amount payable to be reduced in certain cases  
   145.    Payments in respect of expenses other than loss of income  
   146.    Discretion of Commission where applicant not resident in Victoria  
   147.    Payment of costs and expenses  
   148.    Payments due at time of death  
   149.    Payment in event of death  
   150.    Proceedings for damages  

           Division 2--Third party insurance

   151.    Application of Division  
   152.    Definitions  
   153.    Right of judgment creditor to recover from insurer  
   154.    Provision for case where owner or driver cannot be found  
   155.    Provision for case where identity of car cannot be ascertained  
   156.    Special provisions in relation to uninsured motor cars  
   157.    Where owner or driver of uninsured motor car cannot be found  
   158.    Appointment of Incorporated Nominal Defendant as Administrator ad litem  
   159.    Notice of certain accidents affecting uninsured motor cars  
   160.    Power to substitute person for nominal defendant  
   161.    Apportionment of costs  
   162.    Owner to give authorized insurer notice of accidents  
   163.    Notice by driver  
   164.    Authorized insurer empowered to settle claims etc.  
   165.    Rights against unauthorized or intoxicated drivers  
   166.    Provision for action to recover certain amounts  
   167.    Provision for stay of proceedings  
   168.    Agreements by next friends etc.  
   169.    Agreements negativing provisions of Division to be void  
   170.    Offences  
   171.    Regulations  

           Division 3--Awarding of damages

   172.    Application  
   173.    Discount rate applicable to certain awards of damages  
   174.    Maximum amount of damages for provision of certain services  
   175.    Payment of interest  

   PART 11--SAVINGS AND TRANSITIONAL PROVISIONS--AMENDING ACTS

           Division 1--Transport Accident (Amendment) Act 1998

   176.    Definition of amending Act  
   177.    Section 46A (Degree of impairment)  

           Division 2--Accident Compensation and Transport Accident Acts (Amendment) Act 2003

   178.    Definitions  
   179.    Section 3 (Definition of medical service)  
   180.    Section 46C (Rounding of assessments of impairment)  
   181.    Section 60 (Medical and like benefits)  
   182.    Section 70 (Decision on eligibility for compensation)  

           Division 3--Transport Accident (Amendment) Act 2004

   183.    Definitions  
   184.    Changes that apply to all claims  
   185.    Sections 4 and 4A (Pre-accident weekly earnings)  
   186.    Sections 45AA and 45AB (Interim payments to self‑employed person)  
   187.    Section 45AC (Loss of earnings payments to seasonal earners)  
   188.    Section 46A (Degree of impairment)  
   189.    Section 47 (Impairment benefits)  
   190.    Section 47(3A) (Interim payment of lump sum impairment benefits)  
   191.    Section 48—Savings provisions concerning impairment benefits paid as an annuity  
   192.    Application of amendments to section 60  

           Division 4--Transport Accident and Accident Compensation Acts Amendment Act 2007

   193.    Changes that apply to all claims  
   194.    Changes that only apply to claims made on or after the commencement date  
   195.    Application of amendments to section 6  

           Division 5--Compensation and Superannuation Legislation Amendment Act 2008

   196.    Sections 46A (Degree of impairment) and 47 (Impairment benefit)  
   197.    Section 93 (Actions for damages)  
   198.    Section 104 (Indemnity by third party)  

           Division 6--Transport Accident and Accident Compensation Legislation Amendment Act 2010

   199.    Definitions  
   200.    Section 39 (No entitlement to compensation)  
   201.    Section 40 (Compensation not payable)  
   202.    Section 46A (Degree of impairment)  
   203.    Section 60 (Medical and like benefits)  
   204.    Section 68 (Time for making claims)  
   205.    Section 93 (Actions for damages)  

           Division 7--Transport Accident Amendment Act 2013

   206.    Definitions  
   207.    Amendments relating to the extension of time for making a dependency claim for dependents under 18  
   208.    Amendments relating to inclusion of occupational therapy as medical services  
   209.    Amendment relating to the definition of transportation costs  
   210.    Amendment relating to incidents involving train, tram or bus doors  
   211.    Amendment of section 39 (corresponding law)  
   212.    Amendments of section 42 (definitions of law of a place outside Victoria and proceedings outside Victoria)  
   213.    Amendments regarding person making a claim in their own right for common law damages for injury  
   214.    Amendment of section 46A (accident-related impairment)  
   215.    Amendment of section 46A (diminution of hearing)  
   216.    Amendment of section 60 (vocational rehabilitation services)  
   217.    Amendment of section 60 (increase of family counselling cap)  
   218.    Amendment of section 60 (funeral, burial and cremation expenses)  
   219.    Amendment of section 60 (extension of period to claim for travel expenses to 24 weeks)  
   220.    Amendment of section 60 (travel expenses)  
   221.    Amendments relating to reimbursement of medical reports  
   222.    Amendment of section 61A (individual funding agreements)  
   223.    Amendment of section 74 (cessation or review of liability to pay compensation in certain circumstances)  
   224.    Amendment to section 93 (common law damages claims for mental injury due to injury or death of tortfeasor)  
   225.    Serious injury applications  
   226.    Amendment of section 120 (increasing the time limit for certain criminal prosecutions)  

           Division 8--Transport Accident Amendment Act 2016

   227.    Definition  
   227A.   Amendment of section 61 (Indexation)  
   227B.   Repeal of section 93(2A)  
   227C.   Repeal of section 93(17A)  

           Division 9--Courts Legislation Miscellaneous Amendments Act 2014

   228.    Application to Tribunal  

           Division 10--Compensation Legislation Amendment Act 2016

   229.    Amendment of section 46A (Degree of impairment)  
   230.    Amendment of section 60 (medical and like benefits—travel and accommodation expenses for attending funeral)  

           Division 11--Compensation Legislation Amendment Act 2018

   231.    Amendment of section 43 (medical excess)  

           Division 12--Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017

   232.    Amendment of section 109 (transport accident charge)  

           Division 13--Treasury and Finance Legislation Amendment Act 2018

   233.    Amendment of section  

           Division 14--Road Safety Legislation Amendment Act 2022

   234.    Commencement of prosecutions  
           ENDNOTES