Victorian Numbered Acts

TRANSPORT ACCIDENT AMENDMENT ACT 2013 (NO. 71 OF 2013) - SECT 30

In Part 11 of the Principal Act, after Division 6 insert —

" Division 7—Transport Accident Amendment Act 2013

        206     Definitions

In this Division—

"amending Act "means the Transport Accident Amendment Act 2013 ;

"amending provision" means a provision of the amending Act specified in a section of this Division;

"commencement date "means the date on which the amending provision comes into operation.

        207     Amendments relating to the extension of time for making a dependency claim for dependents under 18

This Act, as amended by section 4 of the amending Act, applies in respect of a claim for compensation lodged on or after the commencement date.

        208     Amendments relating to inclusion of occupational therapy as medical services

This Act, as amended by section 5 of the amending Act, applies in respect of a request for occupational therapy services made on or after the commencement date.

        209     Amendment relating to the definition of transportation costs

This Act, as amended by section 6 of the amending Act, applies in respect of a request for reimbursement of transportation costs made on or after the commencement date.

        210     Amendment relating to incidents involving train, tram or bus doors

This Act, as amended by section 7 of the amending Act, applies in respect of a transport accident that occurs on or after the commencement date.

        211     Amendment of section 39 (corresponding law)

This Act, as amended by section 10 of the amending Act, applies in respect of a transport accident that occurs on or after the commencement date.

        212     Amendments of section 42 (definitions of law of a place outside Victoria and proceedings outside Victoria )

This Act, as amended by section 11 of the amending Act, applies in respect of a transport accident that occurs on or after the commencement date.

        213     Amendments regarding person making a claim in their own right for common law damages for injury

This Act, as amended by section 12 of the amending Act, applies in respect of a transport accident that occurs on or after the commencement date.

        214     Amendment of section 46A (accident-related impairment)

This Act, as amended by section 13 of the amending Act, applies in respect of any determination of the degree of impairment of a person injured as a result of a transport accident that occurred on or after 19 May 1998, regardless of when the injury occurred.

        215     Amendment of section 46A (diminution of hearing)

This Act, as amended by section 15 of the amending Act, applies in respect of a determination of the degree of impairment of a person injured as a result of a transport accident made on or after the commencement date, regardless of when the transport accident occurred.
s. 30

        216     Amendment of section 60 (vocational rehabilitation services)

This Act, as amended by section 16 of the amending Act, applies in respect of all applications, regardless of when the applications were made.

        217     Amendment of section 60 (increase of family counselling cap)

This Act, as amended by section 17 of the amending Act, applies in respect of a claim made on or after the commencement date.

        218     Amendment of section 60 (funeral, burial and cremation expenses)

This Act, as amended by section 18 of the amending Act, applies in respect of a transport accident that occurs on or after the commencement date.

        219     Amendment of section 60 (extension of period to claim for travel expenses to 24 weeks)

This Act, as amended by section 19 of the amending Act, applies in respect of a transport accident that occurs on or after the commencement date.

        220     Amendment of section 60 (travel expenses)

This Act, as amended by section 20 of the amending Act, applies in respect of a request for compensation under section 60(2E), regardless of when the claim was lodged.

        221     Amendments relating to reimbursement of medical reports

This Act, as amended by section 21 of the amending Act, applies in respect of an examination made on or after 1 July 2014, in circumstances where the examination is made for the purposes of the provision of a document obtained for medico-legal purposes, or related to medico-legal purposes.

        222     Amendment of section 61A (individual funding agreements)

This Act, as amended by section 23 of the amending Act, applies in respect of all claims, regardless of when the claim is made.

        223     Amendment of section 74 (cessation or review of liability to pay compensation in certain circumstances)

This Act, as amended by section 25 of the amending Act, applies in respect of all claims, regardless of when the claim is made.

        224     Amendment to section 93 (common law damages claims for mental injury due to injury or death of tortfeasor)

    (1)     Subject to subsection (2), this Act, as amended by section 26 of the amending Act, applies in respect of     a transport accident that occurs on or after the commencement date.

    (2)     This Act, as amended by section 26 of the amending Act, does not apply to a person who, as at the commencement date—

        (a)     has been issued a certificate under section 93(4)(c)(ii); or

        (b)     has been granted leave under section 93(4)(d).
s. 30

        225     Serious injury applications

This Act, as amended by section 27 of the amending Act, applies in respect of an application made on or after 16 October 2013—

        (a)     for a certificate under section 93(4)(c)(ii); or

        (b)     for leave under section 93(4)(d).

        226     Amendment of section 120 (increasing the time limit for certain criminal prosecutions)

This Act, as amended by section 28 of the amending Act, applies to an offence against section 116, 117 or 117C that is alleged to have been committed on or after the commencement date.".