Victorian Current Acts

TRANSPORT ACCIDENT ACT 1986 - SECT 44

    (1)     The Commission is liable to pay to an earner who is injured as a result of a transport accident and suffers a total loss of earnings as a result of, or materially contributed to by, the injury a weekly payment in respect of loss of earnings during the period of entitlement.

    (2)     Subject to subsection (3), the amount of the weekly payment is—

        (a)     80 per centum of the earner's pre-accident weekly earnings; or

S. 44(2)(ab) inserted by No. 18/2022 s. 25.

        (ab)     if the earner is receiving a weekly payment under this section in respect of loss of earnings suffered as a result of, or materially contributed to by, an injury resulting from a previous transport accident, 100% of that weekly payment; or

S. 44(2)(ac) inserted by No. 18/2022 s. 25.

        (ac)     if the earner is receiving a weekly payment under section 45 in respect of loss of earnings suffered as a result of, or materially contributed to by, an injury resulting from a previous transport accident, 80% of the earner's pre-accident weekly earnings immediately before the previous transport accident; or

S. 44(2)(b) amended by No. 84/1994 s. 55(2)(f).

        (b)     if the earner has no dependants—$304; or

        (c)     if the earner has dependants—an amount equal to the sum of—

S. 44(2)(c)(i) amended by No. 84/1994 s. 55(2)(f).

              (i)     $304; and

S. 44(2)(c)(ii) amended by No. 84/1994 s. 55(2)(d).

              (ii)     $85 for one dependant; and

S. 44(2)(c)(iii) amended by No. 84/1994 s. 55(2)(b).

              (iii)     $27 for each other dependant—

whichever is the greater.

    (3)     A weekly payment must not exceed—

S. 44(3)(a) amended by No. 84/1994 s. 55(2)(i).

        (a)     $621; or

        (b)     100 per centum of the earner's pre-accident weekly earnings—

whichever is the lesser.

    (4)     In this section, period of entitlement in relation to a person injured as a result of a transport accident means the period during which the person suffers total loss of earnings as a result of, or materially contributed to by, the injury but does not include—

        (a)     subject to section 43(2), the first five days after the accident or after the injury first manifests itself, whichever last occurs, in respect of which, or any part of which, the earner suffers any loss of earnings as a result of, or materially contributed to by, the injury; or

        (b)     any period after the first 18 months after the accident.