Victorian Current Acts Victorian Current ActsS. 99(1) amended by No. 127/1986 s. 102(Sch. 4 item 29.2), substituted by No. 18/2022 s. 35(2).
(1) On the happening of a transport accident affecting a motor vehicle, railway train or tram to which an indemnity under section 94 applies and resulting in the death of or injury to any person, an indemnified person must—
(a) notify in writing the Commission of the fact of the accident with particulars as to the date, nature and circumstances of the accident; and
(b) give to the Commission any other information, and take any steps, that the Commission may reasonably require in order for the Commission to perform its functions under this Act.
S. 99(1A) inserted by No. 18/2022 s. 35(2).
(1A) An indemnified person must comply with subsection (1) whether or not any claim has been made against them on account of the accident.
S. 99(1B) inserted by No. 18/2022 s. 35(2).
(1B) An indemnified person must comply with subsection (1)—
(a) in the case of an owner of the motor vehicle, railway train or tram who was the driver of the motor vehicle, railway train or tram, and who the Commission is liable to indemnify under section 94(1)(a) or (b)—as soon as practicable after the accident; and
(b) in the case of an owner of the motor vehicle, railway train or tram who was not the driver of the motor vehicle, railway train or tram, and who the Commission is liable to indemnify under section 94(1)(a) or (b)—as soon as practicable after they first become aware of the accident; and
(c) in the case of a person who the Commission is liable to indemnify under section 94(1)(c)—as soon as practicable after the accident.
S. 99(2) amended by No. 18/2022 s. 35(3).
(2) Notice of every claim made or action brought against the indemnified person or to the knowledge of the indemnified person made or brought against any other person on account of an accident shall be as soon as practicable given by the indemnified person to the Commission with such particulars as the Commission may require.
S. 99(3) amended by Nos 127/1986 s. 102(Sch. 4 item 29.2), 37/2014 s. 10(Sch. item 170.3), 18/2022 s. 35(4).
(3) An indemnified person shall not without the written consent of the Commission enter upon or incur the expenses of litigation as to any matter or thing in respect of which an indemnity under section 94 applies nor shall he or she without such consent make any offer, promise, payment or settlement or any admission of liability as to any such matter but nothing in this subsection shall extend to any admission made at the time of the occurrence out of which the death or injury arose and reasonably attributable to mental stress occasioned by the circumstances or to any statement made to any police officer acting in the course of duty in hearing or receiving a statement or to any statement made or evidence given in or in the course of any proceedings in any court before any arbitrator.
S. 99(4) amended by No. 18/2022 s. 35(5).
(4) If an indemnified person without reasonable cause fails to give any notice or otherwise fails to comply with the requirements of this section in respect of any matter the Commission may recover from the indemnified person such amount by way of damages as is reasonably attributable to the failure.
S. 99(5) inserted by No. 18/2022 s. 35(6).
(5) In this section—
"indemnified person" means a person who the Commission is liable to indemnify under section 94(1).
S. 100 (Heading) inserted by No. 18/2022 s. 36(1).