Victorian Current Acts

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TRANSPORT ACCIDENT ACT 1986 - SECT 76

Proof of entitlement

S. 76(1) amended by No. 32/1988 s. 18(4).

    (1)     A person receiving or claiming to be entitled to receive compensation under Part 3 during the first 18 months after the transport accident or under Division 1 of Part 10 must give to the Commission such further information relating to the person's entitlement to compensation as the Commission reasonably requests from time to time.

    (2)     A person claiming to be entitled to receive compensation under Part 3 during the first 18 months after the transport accident or under Division 1 of Part 10 bears the onus of proving the entitlement.

S. 76(2A) inserted by No. 32/1988 s. 18(5).

    (2A)     A person who is injured as a result of a transport accident is not entitled to receive compensation under Part 3 in respect of the first 18 months after the accident if the injury is an aggravation of an injury or condition suffered by the person before the accident unless the person proves that the earlier injury or condition was aggravated by the transport accident.

    (3)     A reference in this section to the first 18 months includes a reference to any period after the first 18 months during which the person continues to be entitled to compensation by reason of section 46(2).

Pt 4 Div. 2A (Heading) substituted by No. 49/2018 s. 15.

Pt 4 Div. 2A (Heading and s. 76A) inserted by No. 60/2007 s. 16.

Division 2A—Private health insurers and administrators

S. 76A inserted by No. 60/2007 s. 16.



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