Victorian Current Acts Victorian Current Acts(1) In this Act a reference to loss of earnings in relation to a person in the first 18 months after a transport accident is to be taken to be a reference to the loss incurred or likely to be incurred having regard to the loss of earnings which the person has incurred and the likely loss of future earnings which that person will incur by reason of the injury.
(2) In this section—
"earnings" means such amount as, in the opinion of the Commission, the person concerned would have received by way of income from personal exertion but for the transport accident;
S. 6(2) def. of income from personal exertion amended by Nos 27/2001 s. 4(Sch. 2 item 4.4), 60/2007 s. 4(a)(b).
income from personal exertion in relation to a person means—
(a) the amount that is the income of that person consisting of earnings, salaries, wages, commissions, fees, bonuses, pensions, retiring allowances and retiring gratuities, allowances and gratuities received in the capacity of employee or in relation to any services rendered; and
(b) the proceeds of any business carried on by that person either alone or in partnership with any other person; and
(c) any amount received as bounty or subsidy in carrying on a business; and
(d) the income from any property where that income forms part of the emoluments of any office or employment of profit held by that person; and
(e) any profit arising from the sale by that person of any property acquired by the person for the purpose of profit-making by sale or from the carrying on or carrying out of any profit-making undertaking or scheme—
but does not include—
(f) interest, unless that person's principal business consists of the lending of money, or unless the interest is received in respect of a debt due to that person for goods supplied or services rendered by the person in the course of the person's business; or
(g) rents or dividends; or
(h) any employer superannuation contribution.