Victorian Numbered Acts Victorian Numbered ActsAfter section 239 of the Accident Compensation Act 1985 insert —
(1) The Chief Commissioner of Police may furnish to the Authority any information in the possession or under the control of the Chief Commissioner that the Authority requests for the purpose of the assessment by the Authority of a person's entitlement to compensation and that relates to the commission, or alleged commission, by a person of an offence—
(a) under the Road Safety Act 1986 or the Crimes Act 1958 referred to in section 82A, 82B or 82C involving conduct to which the Authority considers the injury may be attributable; or
(b) that the Authority considers may comprise serious and wilful misconduct as referred to in section 82(4), being conduct to which the Authority considers the injury may be attributable.
(2) The Authority must pay to the Chief Commissioner of Police the reasonable costs of furnishing information under subsection (1).
(3) The use of information furnished to the Authority under this section is subject to the compliance by the Authority with any relevant agreement entered into between the Authority and the Chief Commissioner of Police or, if there is no such agreement, any relevant standards established by the Commissioner for Law Enforcement Data Security under the Commissioner for Law Enforcement Data Security Act 2005 .".
(1) If—
(a) a person is convicted or found guilty of an offence—
(i) that the Authority considers may comprise serious and wilful misconduct as referred to in section 82(4), being an offence to which the injury may be attributable; or
(ii) under the Road Safety Act 1986 or the Crimes Act 1958 referred to in section 82A, 82B or 82C; and
(b) the court by which the person was convicted or found guilty made a finding as to the concentration of, or presence of, alcohol in the person's blood or breath or the concentration of, or presence of, a drug in the person's blood or oral fluid at a particular time—
the court must, at the written request of the Authority, cause a certificate with particulars of the conviction or finding of guilt and its finding as to the concentration of, or presence of, alcohol or a drug to be given to the Authority.
(2) A certificate of a court given under subsection (1) is conclusive proof of the particulars set out in it.
(1) The Roads Corporation may, at the written request of the Authority, disclose relevant information gained by the Corporation to the Authority for the purpose of the assessment by the Authority of a claim by a person for compensation under this Act, being relevant information that the Authority considers relates to conduct by the person that the Authority considers may be conduct to which the injury to which the claim relates may be attributable.
(2) In this section—
"relevant information" means details of—
(a) a conviction or finding of guilt; or
(b) an infringement notice within the meaning of the Infringements Act 2006 ; or
(c) the concentration of alcohol in a person's blood or breath—
that relate, or may relate to—
(d) the commission or alleged commission of an offence under the Road Safety Act 1986 or the Crimes Act 1958 referred to in section 82A, 82B or 82C; or
(e) conduct comprising serious and wilful misconduct as referred to in section 82(4).".