Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 3(1) def. of administration order inserted by No. 49/2018 s. 10, amended by No. 13/2019 s. 221(Sch. 1 item 54).
"administration order" has the same meaning
as it has in the
Guardianship and Administration Act 2019 ;
S. 3(1) def. of administrator inserted by No. 49/2018 s. 10, amended by No. 13/2019 s. 221(Sch. 1 item 54).
"administrator" has the same meaning as it has in the Guardianship and Administration Act 2019 ;
S. 3(1) def. of ambulance service amended by No. 32/1988 s. 4(1)(a).
"ambulance service" means the conveying in Australia of a person by any reasonable means—
(a) for the purpose of receiving medical services or hospital services; or
(b) to the person's place of residence after receiving medical services or hospital services;
S. 3(1) def. of apprentice substituted by No. 45/1990 s. 120,
amended by Nos 80/1997
s. 55(Sch. 1 item 4), 24/2006 s. 6.1.2(Sch. 7 item 41.1).
apprentice means a person who is an apprentice within the meaning of the Education and Training Reform Act 2006 ;
S. 3(1) def. of child substituted by No. 27/2001 s. 4(Sch. 2 item 4.1(b)).
"child" in relation to a person includes a child of the person or the person's partner or an adopted child of the person or of the person's partner but does not include a child of that person or of the person's partner adopted by another person or persons;
"Commission" means the Transport Accident Commission established under this Act;
"decision" includes declaration, determination, direction or order;
S. 3(1) def. of degree of impairment substituted as degree by
No. 32/1988 s. 4(1)(b),
repealed by No. 34/1998
s. 9(a).
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S. 3(1) def. of Department inserted by No. 49/2019 s. 186(Sch. 4 item 42.1).
"Department" means the Department of Transport;
"dependant" in relation to a person who is injured or dies means a person who would, but for the injury or death of the first-mentioned person, be wholly, mainly or in part dependent on that person for economic support;
S. 3(1) def. of dependent child amended by Nos 27/2001 s. 4(Sch. 2 item 4.1(c)), 71/2013 s. 4(1), 49/2018 s. 3(1)(a), 18/2022 s. 20(1).
"dependent child" in relation to a person means a child of that person who, as at the time of death or injury of that person—
(a) is under the age of 18 years; or
(b) has attained the age of 18 years but is under the age of 25 years and is a full‑time student or an apprentice—
and would, but for the injury or death of that person, be wholly, mainly or in part dependent on that person for economic support but does not include a child who has a spouse or domestic partner;
S. 3(1) def. of dependent spouse substituted by No. 84/2000 s. 3(1), substituted as dependent partner by No. 27/2001 s. 4(Sch. 2 item 4.1(d)).
"dependent partner" in relation to a person means the person's partner, if the partner would but for injury or death of that person—
(a) be wholly, mainly or in part dependent on that person for economic support; or
(b) be wholly dependant on the person for the care of the children of the partner or of that person;
S. 3(1) def. of disability service inserted by No. 84/2000 s. 3(3)(a), amended by No. 94/2004 s. 3(1)(a).
"disability service" means the provision to or for a person who is disabled as a result of an injury in a transport accident of any service (other than a rehabilitation service or a hospital service) relating to attendant care, assistance, accommodation support, community access, respite care or household help, the provision of which service is an authorised service in accordance with section 23;
S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 4(Sch. 2 item 4.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 60.1), amended by No. 4/2009 s. 37(Sch. 1 item 26.1).
"domestic partner" of a person means—
(a) a person who is in a registered domestic relationship with the person; or
(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
S. 3(1) def. of driver amended by No. 127/1986 s. 102(Sch. 4 item 29.3).
"driver" in relation to a motor car or motor vehicle, includes a person who is in charge of the motor car or motor vehicle;
S. 3(1) def. of earner substituted by Nos 32/1988 s. 4(3), 84/1994
s. 4, amended by No. 27/2001 s. 4(Sch. 2
item 4.1(e)
(i)(ii)).
"earner" means an earner within the meaning of subsection (2) and, in sections 57 and 58, includes a person who [1] —
(a) receives or received the newstart allowance, the job search allowance or the sickness allowance under the Commonwealth Social Security Act 1991; or
(b) receives or received any benefit or allowance under the Commonwealth Social Security Act 1991 which is prescribed for the purposes of this definition—
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during a period or periods equal to at least 26 weeks during the 2 years immediately preceding the transport accident;
S. 3(1) def. of employer super-annuation contribution inserted by No. 60/2007 s. 3(1), amended by No. 67/2013 s. 649(Sch. 9 item 32(1)(a)).
"employer superannuation contribution" has the same meaning as it has in section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013 ;
"financial year" means the period of 12 months commencing on each 1 July and includes the period commencing on the day on which Part 2 comes into operation and ending on 30 June next after that day;
"Fund" means the Transport Accident Fund;
S. 3(1) def. of highway amended by No. 127/1986 s. 102(Sch. 4 item 29.1(a)).
"highway" has the same meaning as in section 3(1) of the Road Safety Act 1986 ;
S. 3(1) def. of hospital substituted by No. 84/1994 s. 12, amended
by Nos
98/1995
s. 65(Sch. 1 item 7), 26/2014 s. 455(Sch. item 31), 39/2022
s. 874.
"hospital" means—
(a) a public hospital, denominational hospital, private hospital or day procedure centre within the meaning of the Health Services Act 1988 ; or
(b) a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022 ; or
(c) a hospital within the meaning of a law of another State or of a Territory; or
(d) a place within Australia declared by Order of the Governor in Council to be a hospital for the purposes of this Act;
S. 3(1) def. of hospital service substituted by No. 84/1994 s. 12.
"hospital service" includes—
(a) maintenance, attendance and treatment in any hospital; and
(b) the provision by any hospital of—
(i) medical attendance and treatment; and
(ii) nursing attendance; and
(iii) medicines, medical, surgical and other curative materials, appliances or apparatus; and
(iv) any other usual or necessary services provided by a hospital with respect to the treatment of the injury of a person;
S. 3(1) def. of individual funding agreement inserted by No. 94/2004 s. 27(1).
"individual funding agreement" means an agreement made under section 61A;
S. 3(1) def. of injury amended by No. 84/2000 s. 3(3)(b).
"injury", except in Part 10, means physical or mental injury and includes nervous shock suffered by a person who was directly involved in the transport accident or who witnessed the transport accident or the immediate aftermath of the transport accident;
S. 3(1) def. of manage inserted by No. 104/1997 s. 56(1).
"manage", in relation to a railway or tramway, means responsible for providing access to railway trains or trams to operate on the railway or tramway;
S. 3(1) def. of medical practitioner amended by Nos 32/1988 s. 4(4), 23/1994 s. 118(Sch. 1 item 57.1), 97/2005 s. 182(Sch. 4 item 51.1(a)), 13/2010 s. 51(Sch. item 56.1(a)).
"medical practitioner" means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) and, in relation to anything done for the purposes of this Act in a place outside Victoria, includes a medical practitioner who is lawfully qualified under a law in force in that place to do that thing;
S. 3(1) def. of medical service amended by Nos 63/1996 s. 98(Sch.
item 4), 34/1998
s. 3(a), 78/1997 s. 97(Sch. item 3.1), 84/2000 s. 3(3)(c), 95/2003
s. 25(1), 94/2004 s. 3(1)(c). 97/2005 s. 182(Sch. 4 item
51.1(b)), 60/2007 s. 3(2), 13/2010 s. 51(Sch. item 56.1(b)),
27/2012 s. 27, 71/2013 s. 5(1).
"medical service", except in Part 10, includes—
(a) attendance, examination or treatment of any kind by a medical practitioner, registered dentist, registered optometrist, registered physiotherapist, registered chiropractor and osteopath or registered podiatrist; and
(aa) attendance, examination or treatment by a registered occupational therapist, where that attendance, examination or treatment is authorised in accordance with section 23; and
(b) attendance, examination or treatment of any kind by a registered psychologist on referral from a medical practitioner; and
(ba) the provision of acupuncture by a person—
(i) registered as a Chinese medicine practitioner in the Division of Acupuncturists under the Health Practitioner Regulation National Law; or
(ii) whose registration is endorsed under section 97 of the Health Practitioner Regulation National Law as being qualified to practise as an acupuncturist; and
(c) the provision, and as may be necessary from time to time (including at the time of an injury) the repair, adjustment or replacement of skiagrams, artificial members, eyes or teeth, spectacle glasses, hearing aids, orthoses or mobility aides; and
(d) the provision by a registered pharmacist on the request of a medical practitioner or registered dentist of medicines or curative apparatus, appliances or materials; and
(e) the provision by a medical practitioner, registered dentist, registered optometrist, registered physiotherapist, registered chiropractor, registered osteopath or registered podiatrist of any certificate required by the person, the person's dependants or the Commission for any purpose relating to the operation of this Act or any report authorised by the Commission; and
(f) the provision, at the request of a medical practitioner, hospital or provider of a hospital service, of special food or a special food formula; and
(g) the provision, at the request of a medical practitioner, of room temperature control equipment for a person who is unable to adequately regulate his or her own body temperature; and
(h) the provision, at the request of a medical practitioner, of equipment intended to treat or stabilize any injury or condition resulting from a transport accident;
Examples
Examples of equipment referred to in paragraph (h) include life support equipment, ventilators and special lighting.
(i) the provision of anything needed to operate, run, maintain or repair any equipment referred to in paragraph (g) or (h);
Examples
Examples of things referred to in paragraph (i) include electricity, water, lubricating oil and replacement filters and batteries.
Note
Paragraphs (f) to (i) only apply to services provided on or after the date of commencement of section 26 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003— see section 179.
S. 3(1) def. of member of the immediate family inserted by No. 60/2007 s. 3(3), amended by Nos 49/2018 s. 3(1)(b), 18/2022 s. 20(2).
member of the immediate family of a person means a partner, parent, grandparent, child, grandchild or sibling of the person;
S. 3(1) def. of midwife inserted by No. 13/2010 s. 51(Sch. item 56.1(c)).
"midwife "means a person registered under the Health Practitioner Regulation National Law—
(a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b) in the register of midwives kept for that profession;
"minor" means a person who—
(a) has not attained the age of 18 years; and
(b) is not an earner;
S. 3(1) def. of mobility aides inserted by No. 60/2007 s. 3(3).
"mobility aides" include crutches, wheelchairs and mobility scooters, but does not include motor vehicles;
"motor car" means—
(a) a motor car within the meaning of the Motor Car Act 1958 ; and
(b) except in Part 10, a recreation vehicle;
S. 3(1) def. of motor vehicle inserted by No. 127/1986 s. 102(Sch. 4 item 29.1(b)).
"motor vehicle" means a motor vehicle within the meaning of section 3(1) of the Road Safety Act 1986 ;
S. 3(1) def. of nurse inserted by No. 13/2010 s. 51(Sch. item 56.1(c)).
"nurse" means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);
S. 3(1) def. of nursing service substituted by No. 13/2010 s. 51(Sch. item 56.2).
"nursing service" means a nursing or midwifery service rendered by a nurse or midwife, otherwise than at a hospital or as a member of the nursing staff of a hospital;
S. 3(1) def. of owner amended by No. 127/1986 s. 102(Sch. 4 item 29.1(c)), repealed by No. 57/1998 s. 29(1)(a).
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S. 3(1) def. of owner inserted by No. 127/1986 s. 102(Sch. 4 item 29.1(d)), repealed by No. 57/1998 s. 29(1)(a).
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S. 3(1) def. of owner inserted by No. 57/1998 s. 29(1)(a).
"owner"—
(a) in relation to a motor car, has the same meaning as in the Motor Car Act 1958 ;
(b) in relation to a motor vehicle, has the same meaning as in section 3(1) of the Road Safety Act 1986 ;
S. 3(1) def. of partner inserted by No. 27/2001 s. 4(Sch. 2 item 4.1(a)), amended by No. 1/2018 s. 3.
"partner" means—
(a) in relation to a person who died before the commencement of section 4 of the Statute Law Amendment (Relationships) Act 2001 —
(i) the spouse of the person at the time of death; or
(ii) a person of the opposite sex who, though not married to the person, lived with the person at the time of death on a permanent and bona fide domestic basis;
(b) in relation to a person who was injured as a result of a transport accident that occurred before the commencement of section 4 of the Statute Law Amendment (Relationships) Act 2001 but who did not die before that commencement—
(i) for the purposes of section 62—
(A) the spouse of the person; or
(B) a person of the opposite sex who, though not married to the person, lives with the person on a permanent and bona fide domestic basis;
(ii) for the other purposes of the Act—the spouse or domestic partner of the person;
(c) in relation to any other person—the spouse or domestic partner of the person;
S. 3(1) def. of pension age inserted by No. 84/1994 s. 13(1).
"pension age" means the age at which a person becomes eligible (subject to satisfying any other requirements) to an age pension under the Commonwealth Social Security Act 1991;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 170.1).
police officer has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of post acute support inserted by No. 94/2004 s. 15(3).
"post acute support" means the provision of assistance to, or for, a person who requires support in personal care, mobility, transfers, banking or shopping after being discharged from a hospital;
S. 3(1) def. of primary care‑giver inserted by No. 60/2007 s. 3(4).
"primary care-giver" means a person who provides care and attention to another person on a daily basis for a total of at least 20 hours a week;
S. 3(1) def. of private health insurer inserted by No. 60/2007 s. 3(4).
"private health insurer" has the same meaning as in the Private Health Insurance Act 2007 of the Commonwealth;
S. 3(1) def. of railway train amended
by No. 34/1998
s. 3(b), substituted by No. 107/2004 s. 186.
"railway train" means a railway locomotive, railway carriage or other railway rolling stock but does not include any of those things that—
(a) form part of powered equipment operated for hire or reward; and
(b) provide entertainment or amusement through movement of the equipment, or part of the equipment, or when passengers travel on, around or along the equipment;
S. 3(1) def. of reasonable amended by No. 84/1994 s. 55(1)(a),
substituted by No.
60/1996
s. 34.
"reasonable", in respect of costs, expenses or fees of a service or provision means reasonable having regard to—
(a) costs, expenses or fees determined by the Commission as a reasonable amount in relation to that service or provision; and
(b) the amount (if any) specified in, or an amount determined in accordance with a method specified in, an Order of the Governor in Council made on the recommendation of the Commission and published in the Government Gazette, as the maximum amount of costs, expenses or fees payable in respect of that service or provision, which maximum amount must not be less than the amount of the fee specified in a Table within the meaning of the Health Insurance Act 1973 of the Commonwealth applicable in respect of a service or provision of that kind provided in Victoria; and
(c) the determination by the Commission of reasonable costs or expenses of, or fees for, the service or provision having regard to—
(i) the service or provision actually rendered; and
(ii) the necessity of the service or provision, or of the incurring of the expense, in the circumstances;
S. 3(1) def. of recreation vehicle substituted by No. 127/1986
s. 102(Sch. 4 item 29.1(e)), amended by Nos 57/1998 s. 29(1)(b),
6/2010
s. 203(1)
(Sch. 6
item 46.1) (as amended by No. 45/2010 s. 22).
"recreation vehicle"—
(a) for the purposes of Part 10, has the same meaning as in section 86 of the Transport (Compliance and Miscellaneous) Act 1983 ; and
(b) otherwise, means a motor cycle that is of a class of motor cycle eligible to be registered under the Road Safety Act 1986 for a fee that is lower than the registration fee for other classes of motor cycle;
S. 3(1) def. of registered motor car repealed by No. 127/1986 s. 102(Sch. 4 item 29.1(f)).
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S. 3(1) def. of registered motor vehicle inserted by No. 127/1986 s. 102(Sch. 4 item 29.1(f)), amended by Nos 84/1994 s. 14, 57/1998 s. 29(1)(c), 84/2000 s. 3(3)(f).
"registered motor vehicle" means—
(a) a motor vehicle that is registered in accordance with the Road Safety Act 1986 ; or
(b) a motor vehicle that is not so registered and is not registered under the law of another State or Territory but is usually kept in Victoria and is not exempt from registration in accordance with Part 2 of the Road Safety Act 1986 or the regulations made under that Act; or
(ba) a motor vehicle that is not so registered because it is exempt from registration in accordance with Part 2 of the Road Safety Act 1986 or the regulations made under that Act as a visiting overseas motor vehicle; or
(c) a motor vehicle in respect of which a registration permit granted in accordance with the regulations made under that Act is in force; or
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(e) a motor vehicle registered with a Registration Authority in Victoria under the Interstate Road Transport Act 1985 of the Commonwealth or, if that Act is amended, that Act as amended and in force for the time being;
S. 3(1) def. of registered psychologist inserted by No. 41/2000 s. 102(Sch. item 7), amended by No. 97/2005 s. 182(Sch. 4 item 51.1(c)), substituted by No. 13/2010 s. 51(Sch. item 56.3).
"registered psychologist "means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);
S. 3(1) def. of rehabilitation service amended by Nos 127/1986 s. 102(Sch. 4 item 29.1(g)), 84/1994 s. 15, substituted by No. 84/2000 s. 3(3)(d), amended by No. 94/2004 s. 3(1)(b).
"rehabilitation service" means the provision to or for a person for the purpose of rehabilitation of any aid, treatment, counselling, appliance, apparatus or other service (other than a disability service or a hospital service), the provision of which is an authorised service in accordance with section 23;
S. 3(1) def. of RTO inserted by No. 71/2013 s. 6(1).
"RTO" has the same meaning as it has in the Education and Training Reform Act 2006 ;
S. 3(1) def. of school inserted by No. 60/2007 s. 3(5).
"school" has the same meaning as it has in the Education and Training Reform Act 2006 ;
S. 3(1) def. of Secretary inserted by No. 49/2019 s. 186(Sch. 4 item 42.1).
"Secretary" means Secretary to the Department of Transport;
S. 3(1) def. of self-insurer amended by No. 67/2013 s. 649(Sch. 9 item 32(1)(b)).
"self-insurer" has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013 ;
S. 3(1) def. of severe injury inserted by No. 94/2004 s. 3(2).
"severe injury", except in Part 6, means—
(a) a significant acquired brain injury, paraplegia, quadriplegia, amputation of a limb, or burns to more than 50% of the body; or
(b) any other injury specified by the regulations for the purposes of this definition;
S. 3(1) def. of spouse inserted by No. 27/2001 s. 4(Sch. 2 item 4.1(a)).
"spouse" in relation to a person means a person to whom the person is married;
S. 3(1) def. of supported accom-modation inserted by No. 60/2007 s. 3(5), amended by Nos 49/2010 s. 233, 22/2012 s. 86.
"supported accommodation" means—
(a) a residential facility in which residential care is provided under the Aged Care Act 1997 of the Commonwealth;
(b) a supported residential service within the meaning of the Supported Residential Services (Private Proprietors) Act 2010 ;
(c) a group home within the meaning of section 3(1) of the Disability Act 2006 ;
(d) a group home or other residential facility approved by the Commission for the purposes of section 60;
S. 3(1) def. of supported employment program inserted by No. 94/2004 s. 14(1).
"supported employment program" means a program designed to promote and enhance the independence of a person with a severe injury by assisting the person's return to paid employment where the person needs ongoing support to obtain, or to perform and retain, that employment;
S. 3(1) def. of surviving spouse substituted as surviving partner by No. 27/2001 s. 4(Sch. 2 item 4.1(f)).
"surviving partner" of a person who dies as a result of a transport accident, means a dependent partner of the person;
S. 3(1) def. of TAFE institute inserted by No. 71/2013 s. 6(1).
"TAFE" institute has the same meaning as it has in the Education and Training Reform Act 2006 ;
"Territory" means a Territory referred to in section 122 of the Constitution of the Commonwealth;
"tram" includes tram-motor and tram-car;
S. 3(1) def. of transport accident amended by Nos 127/1986 s. 102(Sch. 4 item 29.3), 32/1988 s. 4(1)(c)(i)(ii), 84/1994 s. 5(1).
"transport accident" means an incident directly caused by the driving of a motor car or motor vehicle, a railway train or a tram [2] ;
S. 3(1) def. of transportation costs inserted by No. 84/2000 s. 3(3)(e), amended by Nos 94/2004 s. 4(2), 60/2007 s. 3(6), 71/2013 s. 6(2).
"transportation costs" means costs incurred travelling to or from—
(a) a rehabilitation service; or
(b) an approved program of disability services the provision of which is authorised in accordance with section 23; or
(c) a vocational rehabilitation service; or
(d) a school, university, TAFE institute or RTO by a student, including transportation costs incurred by the student, or a parent or guardian of the student, in travelling to or from the school, university, TAFE institute or RTO where the student is unable to travel to or from the school, university, TAFE institute or RTO by his or her usual pre-transport accident means because of injury sustained by the student in the transport accident;
S. 3(1) def. of Tribunal substituted
by No. 52/1998
s. 311(Sch. 1 item 95.1).
"Tribunal" means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 ;
S. 3(1) def. of university inserted by No. 71/2013 s. 6(1).
"university" has the same meaning as it has in the Education and Training Reform Act 2006 ;
S. 3(1) def. of vocational rehabilitation service inserted by No. 94/2004 s. 4(1), amended by No. 9/2010 s. 140.
vocational rehabilitation service means any of the following services provided by a person who is approved by the Commission as a provider of a vocational rehabilitation service—
(a) initial rehabilitation assessment;
(b) functional assessment;
(c) workplace assessment;
(d) job analysis;
(e) advice concerning job modification;
(f) vocational rehabilitation counselling;
(g) vocational assessment;
(h) advice or assistance concerning job‑seeking;
(i) vocational re-education;
(j) advice or assistance in arranging vocational re-education;
(k) return to work planning;
(l) the provision of aids, appliances, apparatus or other material likely to facilitate the return to work of a person after an injury;
(m) modification to a work station or equipment used by a person that is likely to facilitate the return to work of the person after an injury;
(n) any other service authorised by the Commission—
but does not include a disability service, a hospital service or a rehabilitation service;
S. 3(1) def. of worker amended by No. 67/2013 s. 649(Sch. 9 item 32(1)(c)).
"worker" has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013 .
S. 3(1A) inserted by No. 84/1994 s. 5(2).
(1A) For the purposes of the definition of transport accident in section 3(1) an incident includes an incident [3] —
(a) involving a motor vehicle, a railway train or a tram which is out of control;
S. 3(1A)(b) substituted by No. 49/2018 s. 3(2).
(b) involving a collision that occurred—
(i) between a pedal cycle and a stationary motor vehicle; or
(ii) between a pedal cycle and an open or opening door of a motor vehicle;
S. 3(1A)(c) inserted by No. 84/2000 s. 4(1), amended by No. 71/2013 s. 7(a).
(c) involving a collision between a pedal cycle and a motor vehicle while the cyclist is travelling to or from his or her place of employment;
S. 3(1A)(d) inserted by No. 71/2013 s. 7(b).
(d) involving the opening or closing of a door of a bus, tram or railway train.
S. 3(1B) inserted by No. 84/2000 s. 3(2), repealed by No. 27/2001 s. 4(Sch. 2 item 4.2(a)).
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S. 3(2) amended by Nos 84/1994 s. 55(1)(b), 94/2004 s. 37, 26/2010 s. 37.
(2) A person who is injured or dies in or as a result of a transport accident is an earner for the purposes of this Act if the person is at least 15 years of age or is exempt under section 2.1.5 of the Education and Training Reform Act 2006 from attendance at school and is a person in respect of whom a permit has been granted under section 16 of the Child Employment Act 2003 and—
(a) was in full-time or part-time employment as an employed or self-employed person—
(i) at any time during the eight weeks immediately preceding the accident; or
(ii) during a period or periods equal to at least 13 weeks during the year immediately preceding the accident; or
(iii) during a period or periods equal to at least 26 weeks during the two years immediately preceding the accident—
and, at the date of the accident, had not retired permanently from all employment; or
S. 3(2)(b) amended by No. 84/1994 s. 16.
(b) before the accident, had entered into an arrangement (whether or not an enforceable contract)—
(i) with an employer or other person to undertake employment; or
(ii) to commence business as a self-employed person—
at a particular time and place; or
S. 3(2)(c) inserted by No. 84/1994 s. 16, amended by No. 67/2013 s. 649(Sch. 9 item 32(2)).
(c) was receiving a weekly payment or other payment in respect of the loss of earnings under this Act, the Accident Compensation Act 1985 , the Workplace Injury Rehabilitation and Compensation Act 2013 or a law referred to in section 37(1).
S. 3(2A) inserted by No. 84/2000 s. 3(4).
(2A) The definition of injury as amended by section 3(3)(b) of the Transport Accident (Amendment) Act 2000 applies to and in respect of a transport accident which occurs on or after the commencement of that section.
(3) In this Act—
S. 3(3)(a) amended by Nos 84/1994 s. 5(3)(a), 27/2001 s. 4(Sch. 2 item 4.2(b)).
(a) a reference to an injury or death (not being a reference to the death of a dependent partner or dependent child of a deceased person) is a reference to an injury or death, as the case may be, caused by a transport accident [4] ; and
S. 3(3)(b) amended by Nos 84/1994 s. 5(3)(b), 27/2001 s. 4(Sch. 2 item 4.2(b)).
(b) a reference to a person who is injured or dies (not being a reference to a dependent partner or dependent child of a deceased person) is a reference to a person who sustains injuries that were, or whose death was, as the case may be, caused by a transport accident [5] ; and
S. 3(3)(c) amended by No. 127/1986 s. 102(Sch. 4 item 29.3),
substituted by No. 84/1994 s. 5(4), amended
by No. 73/1996
s. 97(a).
(c) a reference to an injury or death in or as a result of or resulting from a transport accident, or to a person who is injured or dies in or as a result of a transport accident, is a reference to an injury or death directly caused by the driving of a motor vehicle, a railway train or a tram or to a person who sustains injuries that were, or whose death was, directly caused by the driving of a motor vehicle, a railway train or a tram [6] .
(4) If an injury resulting from a transport accident does not manifest itself at the time of the accident, a reference in this Act to 18 months after the accident is a reference to 18 months after the injury first manifests itself.
(5) For the purposes of this Act—
(a) a reference to damages includes a reference to an amount paid under a compromise or settlement of a claim for damages and, except in section 93, includes a reference to compensation and to an amount paid under a compromise or settlement of a claim for compensation, whether legal proceedings had been instituted or not but does not include a reference to an amount paid in respect of costs incurred in connexion with legal proceedings; and
S. 3(5)(b) amended by No. 27/2001 s. 4(Sch. 2 item 4.2(b)).
(b) damages shall be deemed to have been recovered in respect of a person who is injured or dies when the amount of the damages is paid to or for the benefit of that person or the partner or child of that person; and
(c) a reference to a person who is injured or dies includes, if that person is dead, a reference to the legal personal representative of the person.
S. 3(6) substituted as s. 3(7) by No. 27/2001 s. 4(Sch. 2 item 4.3), re‑numbered as 3(6) by No. 11/2002 s. 3(Sch. 1 item 61.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 60.2).
(6) For the purposes of the definition of domestic partner in subsection (1)—
S. 3(6)(a) amended by No. 4/2009 s. 37(Sch. 1 item 26.2(a)).
(a) "registered domestic relationship" has the same meaning as in the Relationships Act 2008 ; and
S. 3(6)(b) amended by No. 4/2009 s. 37(Sch. 1 item 26.2(b)).
(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
S. 3(7) inserted by No. 57/1998 s. 29(2).
(7) The Governor in Council may, by Order published in the Government Gazette, declare any motor vehicle or class of motor vehicles not to be a recreation vehicle or recreation vehicles for the purposes of this Act.
S. 3(8) inserted by No. 84/2000 s. 4(2).
(8) The definition of transport accident as amended by section 4(1) of the Transport Accident (Amendment) Act 2000 applies to and in respect of any claim arising out of the transport accident which occurred on 7 February 1997 involving the pedal cycle of Mr Dale Sheppard as if the definition as amended by that section was in force when that transport accident occurred and this Act has effect accordingly.
S. 3(9) inserted by No. 94/2004 s. 27(2).
(9) A reference to the payment of compensation to a person by the Commission in this Act includes a reference to any amount paid in advance in respect of compensation by the Commission to the person under an agreement authorised by this Act.