Victorian Current Acts Victorian Current ActsS. 47(1) substituted by No. 32/1988 s. 12(2).
(1) If under section 46A or 47(7A)—
(a) the Commission has determined the degree of impairment of a person who is injured as a result of a transport accident; and
(b) the degree so determined is more than 10 per centum—
the Commission must assess an impairment benefit in respect of the person.
Note to s. 47(1) inserted by No. 94/2004 s. 11(2).
Note
This section, as amended by section 11 of the Transport Accident (Amendment) Act 2004 (which substituted subsection (2) and amended subsection (6)), only applies to a person who was injured in a transport accident that occurs on or after the date of commencement of section 11 —see section 189.
S. 47(2) substituted by No. 32/1988 s. 12(2), amended by No. 84/1994 s. 55(2)(l), substituted by No. 94/2004 s. 11(3).
(2) The impairment benefit is the amount shown, or the amount calculated in accordance with the formula, in column 2 of the following table that is opposite the person's degree of impairment—
|
Degree of impairment |
Impairment benefit |
|---|---|
|
10% or less |
0 |
|
11% – 19% |
$4 500 + ((D – 10) × $1000) |
|
20% – 49% |
$15 000 + ((D – 20) × $1500) |
|
50% – 59% |
$60 250 + ((D – 50) × $1750) |
|
60% – 79% |
$78 000 + ((D – 60) × $2000) |
|
80% – 89% |
$120 000 + ((D – 80) × $4000) |
|
90% – 99% |
$164 000 + ((D – 90) × $8000) |
|
100% |
$252 000 |
where "D" is the person's degree of impairment expressed as a number.
S. 47(2A) inserted by No. 94/2004 s. 11(3).
(2A) If a degree of impairment of 11% or more is the result of more than one transport accident, section 48 applies.
(3) The Commission must pay to a person in respect of whom an impairment benefit or interim benefit is assessed under this section—
(a) the amount of that benefit as a lump sum; or
(b) if an interim benefit has been paid, the amount of the impairment benefit less the amount of the interim benefit; or
(c) if the person requests that part only of the benefit be paid as a lump sum, that part as a lump sum.
S. 47(3AA) inserted by No. 84/2000 s. 14(1).
(3AA) The Commission must make any payment under subsection (3) to the person in respect of whom the impairment benefit or interim benefit is assessed without setting off any legal costs.
S. 47(3A) inserted by No. 32/1988 s. 12(3), amended by No. 84/2000 s. 14(2), substituted by No. 94/2004 s. 12(1).
(3A) The Commission may pay an interim benefit under this section at any time to a person who is injured as a result of a transport accident if it is satisfied—
(a) that, given the nature of the person's injuries, the person's permanent impairment is likely to be at least 30%; or
(b) that the person's injuries are substantially stable.
Note
Subsection (3A) applies with respect to all transport accidents that occurred on or after the day that is 18 months before the date of commencement of section 12 of the Transport Accident (Amendment) Act 2004 —see section 190.
(4) If a person requests that part only of the impairment benefit be paid as a lump sum, the Commission must pay to the person periodic payments calculated in accordance with the regulations on the impairment benefit, less the sum of the part of impairment benefit paid under subsection (3)(c) and any interim benefit paid.
(5) If the amount of an interim benefit paid to a person exceeds the amount of the impairment benefit, the Commission is not entitled to recover the difference from that person.
S. 47(6) amended by No. 32/1988 s. 12(4), substituted by No. 84/2000 s. 14(3).
(6) If as a result of two or more transport accidents, a person has a total degree of impairment that is more than 10 percent suffered as a result of the transport accidents—
S. 47(6)(a) repealed by No. 94/2004 s. 11(4).
* * * * *
(b) section 93(3) does not apply unless the degree of impairment is determined to be 30 percent or more as the result of one of the transport accidents.
S. 47(7) substituted by No. 32/1988 s. 12(5), amended by No. 84/1994 s. 32(1)(a)(b), substituted by No. 84/2000 s. 14(4), amended by No. 60/2007 s. 9.
(7) Despite sections 46A(1) and 46A(1AA), the Commission may for the purposes of proceedings for the recovery of damages in respect of the injury at any time determine the degree of impairment of a person who is injured as a result of a transport accident and who—
S. 47(7)(a) amended by No. 65/2008 s. 4, substituted by No. 71/2013 s. 12(2).
(a) has made a claim, other than a claim for payments under section 57, 58 or 59 or a claim for compensation under section 60(2A), (2C) or (2E) within the period of time provided by section 68 that has been accepted by the Commission; or
S. 47(7)(b) amended by No. 95/2003 s. 29.
(b) is not entitled to compensation under this Act by virtue of section 37, 38, 38A or 42—
if the Commission is satisfied that the injury has stabilised or has substantially stabilised.
S. 47(7A) inserted by No. 32/1988 s. 12(5).
(7A) If the Commission determines under subsection (7)(a) the degree of impairment of a person who is injured as a result of a transport accident, the Commission may make a further determination of the degree of impairment of that person in substitution for the determination under subsection (7) 18 months after the accident occurred or in the case of a minor, when the person attains the age of 18 years.
S. 47(7B) inserted by No. 84/1994 s. 32(2).
(7B) If the Commission determines under subsection (7) that—
(a) the degree of impairment of a person who is injured is not the result of a transport accident; or
(b) the degree of impairment of a person is less than 30 percent; or
(c) the degree of impairment cannot be determined because the injury has not stabilised or has not substantially stabilised—
the person may apply to the Tribunal for review of the decision.
S. 47(8) amended by No. 32/1988 s. 12(6).
(8) This section, other than subsection (7), continues to apply in respect of a person who is injured in a transport accident, despite the determination of a degree of impairment under that subsection unless the person has recovered damages in accordance with Part 6.
S. 48 amended by Nos 32/1988 s. 12(7), 84/1994 ss 33(1), 55(2)(o), substituted by No. 94/2004 s. 13.