Victorian Current Acts

TRANSPORT ACCIDENT ACT 1986 - SECT 137

    (1)     If a person is or appears to be entitled to compensation in respect of an injury or death under—

        (a)     the Accident Compensation Act 1985 ;

        (b)     the Workers Compensation Act 1958 ;

        (c)     section 68 of the Country Fire Authority Act 1958 ;

S. 137(1)(d) amended by No. 24/2006 s. 6.1.2(Sch. 7 item 41.3).

        (d)     Part 5.6 of the Education and Training Reform Act 2006 ;

S. 137(1)(e) substituted by No. 53/2000 s. 98(2).

        (e)     Part 8 of the Juries Act 2000 ;

        (f)     the Police Assistance Compensation Act 1968 ;

        (g)     the Victoria State Emergency Service Act 1981 ;

        (h)     the Emergency Management Act 1986 ;

S. 137(1)(i) amended by No. 84/1994 s. 55(1)(i).

              (i)     the Compensation (Commonwealth Government Employees) Act 1971 of the Commonwealth of Australia as amended and in force from time to time; or

        (j)     another law of the Commonwealth or under a law of another State or of a Territory that is, in relation to a law referred to in a preceding paragraph a corresponding law—

the Commission is not liable to make payments under this Division to that person in respect of that injury or death.

    (2)     The Commission may, if it so determines, make payments under this Division to or in respect of a person who is or appears to be entitled to compensation under an Act or law referred to in subsection (1).

    (3)     The Commission must not make a payment under subsection (2) to or in respect of a person who is or appears to be entitled to compensation in respect of an injury or death under the Workers Compensation Act 1958 unless—

        (a)     the Commission has determined the amount of its liability under section 8 of that Act; and

        (b)     the Commission deducts that amount from the payment; and

        (c)     the sum of the amount and the payment does not exceed $20 800.