Victorian Numbered Acts

ACCIDENT COMPENSATION AMENDMENT ACT 2010 (NO. 9 OF 2010) - SECT 15

After section 82 of the Accident Compensation Act 1985 insert —

    " 82A     Circumstances in which weekly payments are reduced because of conviction for drink-driving offence

    (1)     This section applies     if—

        (a)     a worker's incapacity for work results from, or is materially contributed to by, an injury that—

              (i)     entitles the worker to compensation in the form of weekly payments; and

              (ii)     was caused by a transport accident involving a motor vehicle of which the worker was the driver at the time of the accident; and

        (b)     in respect of such driving, the worker     is convicted or found guilty of an offence under section 49(1)(b), (f) or (g) of the Road Safety Act 1986 or under a law that is declared to be a corresponding law under section 47A(2) of the Road Safety Act 1986 .

    (2)     In respect of a worker to whom section 52 of the Road Safety Act 1986 applies, compensation in the form of weekly payments under this Part is reduced for a period of 130 weeks (whether or not consecutive) from the date on which notice of the reduction is given to the worker in accordance with section 114(10) —

        (a)     if the level of alcohol in the worker's blood was more than zero grams and less than 0·12 grams per 100 millilitres of blood or in the worker's breath was more than zero grams and less than 0·12 grams per 210 litres of exhaled air—by one third;

        (b)     if the level of alcohol in the worker's blood was not less than 0·12 grams and less than 0·24 grams per 100 millilitres of blood or in the worker's breath not less than 0·12 grams and less than 0·24 grams per 210 litres of exhaled air—by two thirds.
s. 15

    (3)     In respect of a worker (other than a worker to whom section 52 of the Road Safety Act 1986 applies), compensation in the form of weekly payments under this Part is reduced for a period of 130 weeks (whether or not consecutive) from the date on which notice of the reduction is given to the worker in accordance with section 114(10)—

        (a)     if the level of alcohol in the worker's blood was not less than 0·05 grams, and less than 0·12 grams per 100 millilitres of blood or in the worker's breath not less than 0·05 grams and less than 0·12 grams per 210 litres of exhaled air—by one third;

        (b)     if the level of alcohol in the worker's blood was not less than 0·12 grams and less than 0·24 grams per 100 millilitres of blood or in the worker's breath not less than 0·12 grams and less than 0·24 grams per 210 litres of exhaled air—by two thirds.

    (4)     This section does not apply if—

        (a)     the injury results in death or is a severe injury within the meaning of section 82; or

        (b)     the worker satisfies the Authority or self-insurer that the concentration of, or presence of, alcohol in the blood or the breath of the worker did not contribute in any way to the injury.

        82B     Circumstances in which weekly payments are reduced because of conviction for drug-driving offence

    (1)     This section applies     if—

        (a)     a worker's incapacity for work results from, or is materially contributed to by, an injury that—

              (i)     entitles the worker to compensation in the form of weekly payments; and

              (ii)     was caused by a transport accident involving a motor vehicle of which the worker was the driver at the time of the accident; and

        (b)     in respect of such driving,     the worker     is convicted or found guilty of an offence under section 49(1)(bb), (h) or (i) of the Road Safety Act 1986 or under a law of another State or of a Territory that is declared to be a corresponding law under section 47A(2) of the Road Safety Act 1986 .

    (2)             Compensation in the form of weekly payments under this Part is reduced by one third for a period of 130 weeks (whether or not consecutive) from the date on which notice of the reduction was given to the worker under section 114(10).

    (3)     This section does not apply—

        (a)     if the injury results in death or is a severe injury within the meaning of section 82; or

        (b)     the worker satisfies the Authority or self-insurer that the concentration of, or presence of, drugs in his or her blood or oral fluid did not contribute in any way to the injury.

        82C     No entitlement to compensation where conviction for certain serious road traffic offences

    (1)     A worker is not entitled to compensation under this Act in respect of an injury if—

        (a)     the injury was caused by a transport accident involving a motor vehicle of which the worker was the driver at the time of the accident; and

        (b)     in respect of that driving, the worker     is convicted or found guilty of an offence under—

              (i)     section 49(1)(b), (f) or (g) of the Road Safety Act 1986 and the level of alcohol in the worker's blood was 0·24 grams or more per 100 millilitres of blood or in the worker's breath was 0·24 grams or more per 210 litres of exhaled air; or

              (ii)     sections 49(1)(a), (ba), (c), (ca), (d), (e), (ea) or (eb), 56(2) or 56(7) of the Road Safety Act 1986 ; or

              (iii)     section 318 or 319 of the Crimes Act 1958 .

    (2)     This section does not apply—

        (a)     if the injury results in death or is a severe injury within the meaning of section 82; or

        (b)         where the worker is convicted or found guilty of an offence specified in subsection (1)(b)(i) or (iii), the worker satisfies the Authority or self-insurer that the concentration of, or presence of, alcohol in his or her blood or breath, or the concentration of, or presence of, drugs in his or her blood or oral fluid, did not contribute in any way to the injury.

        82D     Where conviction or finding of guilt overturned

If—

        (a)     compensation in the form of weekly payments to a worker—

              (i)     has been reduced in accordance with section 82A or 82B; or

              (ii)         in accordance with section 82C, is not payable—

after the worker has been convicted or found guilty of an offence; and

        (b)     the conviction or finding is overturned on appeal—

the Authority or self-insurer must pay to the worker, subject to and in accordance with this Act—

        (c)     the amount by which each weekly payment had been reduced, or the amount that had not been paid, together with interest at the prescribed rate on each such amount, in respect of the period from the date on which the payment was due until the date on which the amount is paid.".