Victorian Current Acts

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TRANSPORT ACCIDENT ACT 1986 - SECT 68

Time for making claim under Part 3

    (1)     A person—

        (a)     who is injured; or

S. 68(1)(b) amended by No. 27/2001 s. 4(Sch.  2 item 4.12).

        (b)     who is a dependant or a surviving partner of a person who dies—

as a result of a transport accident to which Part 3 applies may make a claim for compensation under that Part within one year—

        (c)     after the accident or death; or

S. 68(1)(d) substituted by No. 84/2000 s. 24(1).

        (d)     in the case of injury, if no injury manifested itself at the time of the transport accident, after any injury first manifests itself.

    (2)     If the Commission considers there are reasonable grounds for a delay in making a claim in accordance with subsection (1), the Commission may accept a claim for compensation under Part 3 at such later time before the expiration of three years after the transport accident or death or after the injury first manifested itself, as the Commission approves.

S. 68(3) inserted by No. 84/2000 s. 24(2), amended by No. 80/2010 s. 9.

    (3)     Despite subsection (1) but subject to subsection (2), if—

S. 68(3)(a) amended by No. 71/2013 s. 4(2).

        (a)     a person who is injured or who is a dependent child of a person who dies as a result of a transport accident to which Part 3 applies was not 18 years of age at the time of the transport accident; and

        (b)     a claim for compensation by or on behalf of that person has not been made under that Part—

the person may make a claim for compensation under that Part before attaining the age of 21 years or within 3 years after the transport accident, whichever is the later.



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