Victorian Current Acts

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TRANSPORT ACCIDENT ACT 1986 - SECT 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


or as payment for services rendered or to be rendered.

Penalty:     10 penalty units for a first offence and 20 penalty units for a second or subsequent offence.

S. 127(3A) inserted by No. 84/2000 s. 36, repealed by No. 71/2013 s. 29.

    *     *     *     *     *

S. 127(4) substituted by No. 71/2013 s. 29.

    (4)     In subsection (3), "employer "includes a person who, at any time after the date which is 3 years immediately preceding the transport accident (including after the transport accident)—

        (a)     is an employer of the person who is injured or dies in the transport accident;

        (b)     enters into an arrangement with a person who is injured or dies in the transport accident, or a person acting on their behalf, for the undertaking of work by the person at a particular time and place, whether or not the arrangement—

              (i)     is an enforceable contract; or

              (ii)     provides for any reward for work done; or

              (iii)     specifies that the person is an employee or otherwise;

        (c)     acts on behalf of a person who is injured or dies in the transport accident in relation to entering into an agreement specified in paragraph (b).

S. 127A inserted by No. 32/1988 s. 32.



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