Victorian Current Acts

TRANSPORT ACCIDENT ACT 1986 - SECT 142

If a person dies as a result of an accident within the period of two years after the date of the accident and a dependent partner of that deceased person before the commencement of this section made an application under the repealed Act or makes a claim under Part 4 for a payment under this section or the corresponding provision of the repealed Act, the Commission must, subject to this Act, pay to that dependent partner such one of the following amounts as is appropriate:

S. 142(a) amended by No. 27/2001 s. 4(Sch.  2 item 4.15).

        (a)     If there are no dependent children of the deceased person—an amount calculated in accordance with the formula—

where—

    D     is the amount that would have been payable (or that would but for the operation of section 139 have been payable) to the deceased person under section 141 had that deceased person—

              (i)     survived the accident for at least a period of two years; and

              (ii)     suffered by reason of the accident, in the opinion of the Commission, a deprivation of earning capacity (if any) throughout that period of two years.

    E     is the amount of any payment made to the deceased person prior to death pursuant to section 141.

    Y     is the income of the deceased person during whichever of the following periods the Commission selects—

              (i)     the period of twelve months or such shorter period as the Commission determines ending on the date on which the deceased person died; or

              (ii)     the period of twelve months ending on the 30 June last before the date on which the deceased person died.

    Z     is the aggregate of the income of the deceased person and the dependent partner during the period used in calculating Y.

    C     is—

              (i)     if there is more than one dependent partner of the deceased person and the sum of the fractions as they are calculated in relation to each dependent partner is greater than one, that sum; or

              (ii)     one; and

S. 142(b) amended by No. 27/2001 s. 4(Sch.  2 item 4.15).

        (b)     If there are dependent children of the deceased person—an amount calculated in accordance with the formula—

where—

    B     is the amount that would have been payable to that partner pursuant to paragraph (a) had there been no dependent children of the deceased person.

    N     is the total number of dependent children of the deceased person or, where there are more than three such children, the number 3.