Victorian Current Acts Victorian Current ActsS. 100(1) amended by Nos 127/1986 s. 102(Sch. 4 item 29.2), 18/2022 s. 36(2).
(1) If, at the time of the happening of any accident affecting a motor vehicle, railway train or tram to which an indemnity under section 94(1)(a) or (b) applies and resulting in the death of or injury to any person, the driver of the motor vehicle, railway train or tram is not the owner, the driver must, as soon as practicable, notify in writing the owner or the Commission of the fact of the accident.
S. 100(1A) inserted by No. 18/2022 s. 36(3).
(1A) If, at the time of the happening of any accident affecting a motor vehicle, to which an indemnity under section 94(1)(c) applies and resulting in the death of or injury to any person, the person who caused the death or injury must, as soon as practicable, notify in writing the owner of the motor vehicle or the Commission of the fact of the accident.
S. 100(2) amended by No. 18/2022 s. 36(4).
(2) If a driver to whom subsection (1) applies or a person to whom subsection (1A) applies, after the notice in writing in that behalf by the Commission without reasonable cause—
(a) fails to furnish the Commission with particulars as to the date, nature and circumstances of the accident, and to give all such information and to take all such steps as the Commission may reasonably require, whether or not any claim has actually been made against such person on account of the accident; or
S. 100(2)(b) amended by No. 11/2002 s. 3(Sch. 1 item 61.2).
(b) fails to give as soon as practicable to the Commission notice of every claim made or action brought against him or her, with such particulars as the Commission may require; or
(c) without the written consent of the Commission—
(i) enters upon or incurs the expense of litigation as to any matter or thing in respect of which the indemnity under section 94 applies; or
(ii) makes any offer, promise, payment or settlement or any admission of liability as to any such matter—
the Commission is entitled to recover from him or her such amount by way of damages as is reasonably attributable to the failure to comply with the requirements of this section.
S. 100(3) amended by No. 37/2014 s. 10(Sch. item 170.3).
(3) Nothing in subsection (2)(c)(ii) extends to any statement made to any police officer acting in the course of duty in hearing or receiving a statement or to any statements made or evidence given in or in the course of any proceedings in any court or before any arbitrator.
S. 101 amended by No. 127/1986 s. 102(Sch. 4 item 29.2), repealed by No. 32/1988 s. 22.
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