Victorian Current Acts

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TRANSPORT ACCIDENT ACT 1986 - SECT 69

Time for making claim under Division 1 of Part 10

    (1)     A person who is injured as the result of an accident to which Division 1 of Part 10 applies may make a claim to the Commission

        (a)     for payment of compensation under section 141 at any time within the period of six years after the date of the accident; and

        (b)     for payment of costs or expenses under section 145 at any time within that period or where, in respect of that period, the Motor Accidents Board or the Commission has, in respect of that injury, made any payment under the Motor Accidents Act 1973 or this Act or under an agreement made under that Act or this Act, within the period of six years after the costs or expenses were incurred.

S. 69(2) amended by No. 27/2001 s. 4(Sch.  2 item 4.12).

    (2)     A person who is a dependent partner or dependent child of a deceased person who died as the result of an accident to which Division 1 of Part 10 applies may make a claim to the Commission for a payment under section 142 or 143 at any time within the period of six years after the death of the deceased person.

    (3)     A person who has incurred expenses referred to in  section 145(3) may make a claim to the Commission at any time within the period of six months after the expenses were incurred for payment of those expenses under that section.

    (4)     If a person dies as the result of an accident to which Division 1 of Part 10 applies, a person who has paid or is liable to pay costs or expenses referred to in section 145 may make a claim to the Commission at any time within the period of six years after the death of the deceased person for payment of costs or expenses under that section that the person has paid or is liable to pay.

    (5)     The Commission may refuse to make any payment under section 141 to a person injured as a result of an accident to which Division 1 of Part 10 applies in respect of so much of a deprivation or impairment of earning capacity as relates to any period ending more than three months before the date on which the Commission is furnished with such medical evidence relating to the injury as the Commission may reasonably require.

    (6)     If the Commission determines pursuant to subsection (5) to refuse to make payment under section 141 to a person injured as a result of an accident in respect of so much of a deprivation or impairment of earning capacity as relates to any such period as is mentioned in that subsection, the Commission must inform that person by notice in writing that it refuses the claim for that payment.



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