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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Transport Accident (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Definitions 2
4. Commission may authorise persons or services 2
5. Transport Accident Fund 2
6. Amendment of section 34 2
7. Entitlement to compensation 2
8. Determination of degree of impairment 3
9. Amendments consequential to section 8 7
10. Definitions 7
11. Minors' additional benefits 7
12. Review after first 18 months 7
13. Application to tribunal 7
14. Minor amendments 8
15. Indemnity by third party 8
16. Section 108 repealed 9
17. Repeal of spent provisions 9
18. Powers of inspection 9
19. Regulations 9
NOTES 10
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PARLIAMENT OF VICTORIA
A BILL
to amend the Transport Accident Act 1986 and for other purposes.
Transport Accident (Amendment) Act
1998
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to make miscellaneous
amendments to the Transport Accident Act
1986.
5 2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on the day on which it receives the
Royal Assent.
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(2) Section 13 is deemed to have come into operation
on 9 April 1998.
3. Definitions
In section 3(1) of the Transport Accident Act
5 1986--
(a) in the definition of "medical services", in
paragraph (d), after "pharmacist" insert "on
the request of a medical practitioner or
registered dentist";
10 (b) in the definition of "railway train" for "Lifts
and Cranes Act 1967 or of regulations
under that Act" substitute "Occupational
Health and Safety (Plant) Regulations 1995".
4. Commission may authorise persons or services
15 In section 23(2) of the Transport Accident Act
1986--
(a) omit "and" after paragraph (b);
(b) paragraph (c) is repealed.
5. Transport Accident Fund
20 Sections 27(2)(b), 27(4) and 27(5) of the
Transport Accident Act 1986 are repealed.
6. Amendment of section 34
In section 34 of the Transport Accident Act
1986 omit "(1)".
25 7. Entitlement to compensation
For section 39(5) of the Transport Accident Act
1986 substitute--
"(5) For the purposes of sub-section (4), a person
who drives a motor vehicle at a particular
30 time shall not be deemed never to have held
a licence to drive a motor vehicle of that
class if at that time--
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(a) the person was--
(i) the holder of a learner permit in
respect of a motor vehicle of that
class under the Road Safety Act
5 1986 or under a law that is, in
relation to that Act, a
corresponding law; or
(ii) participating in a training program
accredited under the Road Safety
10 Act 1986; and
(b) in the case of a motor vehicle other than
a motor cycle, the person had a licensed
driver (not being the holder of a licence
issued on probation) sitting beside him
15 or her.".
8. Determination of degree of impairment
At the end of section 46A of the Transport
Accident Act 1986 insert--
'(2) In this Part, a reference to the determination
20 of a degree of impairment is a reference to a
determination by the Commission--
(a) made in accordance with--
(i) the A.M.A. Guides; or
(ii) methods prescribed for the
25 purposes of this section--
and in accordance with operational
guidelines (if any) as to the use of those
Guides or methods issued by the
Minister; and
30 (b) if the Minister has approved a training
course in the application of those
Guides or methods, made after an
assessment by a medical practitioner
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Transport Accident (Amendment) Act 1998
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who has successfully completed such a
training course.
(3) For the purposes of determining the degree
of impairment of the whole person resulting
5 from binaural hearing impairment, the
percentage of the diminution of hearing
determined in accordance with sub-section
(4) is to be converted as follows--
(a) if the binaural loss of hearing is less
10 than 10 per cent NAL, the degree of
impairment is zero;
(b) if the binaural loss of hearing is 10 per
cent NAL, the degree of impairment is
10 per cent;
15 (c) if the binaural loss of hearing is more
than 10 per cent NAL, the degree of
impairment is the percentage equivalent
of the number (rounded up to the next
whole number) given by the formula--
10 + [0·278 (NAL - 10)]--
20
where NAL is the percentage of diminution
of hearing determined in accordance with
sub-section (4).
(4) For the purposes of this section, the
25 percentage of diminution of hearing--
(a) shall be determined--
(i) by a person or class of persons
approved; and
(ii) in the manner approved--
30 by the Minister; and
(b) shall be determined in accordance with
the Improved Procedure for
Determination of Percentage Loss of
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Transport Accident (Amendment) Act 1998
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Act No.
Hearing (1988 Edition or a later
prescribed edition) published by the
National Acoustic Laboratory.
(5) An approval by the Minister for the purposes
5 of sub-section (4)(a)(i) continues in force for
the period not exceeding 12 months as is
specified by the Minister in the approval
unless revoked by the Minister.
(6) For the purposes of determining the degree
10 of psychiatric impairment, the A.M.A.
Guides apply as if for Chapter 14 there were
substituted the Clinical Guidelines to the
Rating of Psychiatric Impairment prepared
by the Medical Panel (Psychiatry)
15 Melbourne, Victoria October 1997 and
published in the Government Gazette.
(7) In this section "A.M.A. Guides" means the
American Medical Association's Guides to
the Evaluation of Permanent Impairment
20 (Fourth Edition) (other than Chapter 15) as
modified by this Act.
(8) This section as amended by section 8 of the
Transport Accident (Amendment) Act
1998 applies for the purpose of determining
25 the degree of impairment in respect of an
injury as a result of a transport accident on or
after the commencement of the Transport
Accident (Amendment) Act 1998.
(9) This section as in force, and the Transport
30 Accident (Impairment) Regulations 1988 as
in force, immediately before the
commencement of section 8 of the
Transport Accident (Amendment) Act
1998 continue to apply for the purpose of
35 determining the degree of impairment in
respect of an injury as a result of a transport
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Act No.
accident before the commencement of the
Transport Accident (Amendment) Act
1998 as if those Regulations formed part of
this section.
5 46AA. Changes to methods of determining degree
of impairment
(1) The Governor in Council may by
Regulations fix the methods to be used for
the purpose of determining the degree of
10 impairment in respect of an injury as a result
of a transport accident.
(2) Regulations made under this section--
(a) must specify the methods to be used
and any modifications of those methods
15 that are to apply;
(b) may for the purposes of paragraph (a)
apply, adopt or incorporate, with or
without modification any matter
contained in any document, code,
20 standard, rule, specification or method
formulated, issued, prescribed or
published by any authority or body as
formulated, issued, prescribed or
published at the time the Regulations
25 are made;
(c) can only apply for the purpose of
determining the degree of impairment
of a person who is injured as a result of
a transport accident on or after the date
30 that the Regulations are made or on or
after a later date specified in the
Regulations.
(3) If Regulations are made under this section,
section 46A applies in respect of
35 determinations of the degree of impairment
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13
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to which the Regulations apply as if the
provisions of the Regulations were
substituted for sub-sections (2) to (7) of
section 46A.'.
5 9. Amendments consequential to section 8
In the Transport Accident Act 1986--
(a) in section 3(1), the definition of "degree" is
repealed:
(b) sections 132(1)(d) and 132(5) are repealed.
10 10. Definitions
In section 50(5) of the Transport Accident Act
1986 in the definitions of "earner" and "post-
accident earning capacity", for "in a" substitute
"as a result of".
15 11. Minors' additional benefits
In section 54(1) of the Transport Accident Act
1986 for "that loss" substitute "the impairment".
12. Review after first 18 months
(1) In section 55(2) of the Transport Accident Act
20 1986 for "to receive" substitute "who is
receiving".
(2) After section 55(5) of the Transport Accident
Act 1986 insert--
"(6) A review of a person's entitlement under this
25 section must be undertaken using the same
methods for determining the degree of
impairment that were used in making the
first determination of the degree of
impairment in relation to that entitlement.".
30 13. Application to tribunal
(1) In section 77(2) of the Transport Accident Act
1986 after "section" insert "can only be made
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Transport Accident (Amendment) Act 1998
Act No.
within the period of time specified in sub-section
(1) and".
(2) After section 77(2) of the Transport Accident
Act 1986 insert--
5 "(2A) The amendment to sub-section (2) made by
section 13(1) of the Transport Accident
(Amendment) Act 1998 does not apply in
respect of an application received by the
Tribunal before 9 April 1998.".
10 14. Minor amendments
In the Transport Accident Act 1986--
(a) in section 89 for "and judge" substitute
"adjudge";
(b) in section 93(15) after "made to" insert
15 "the";
(c) in section 96(8) in the definition of
"unindemnified vehicle" for "is respect"
substitute "in respect";
(d) section 96(9) is repealed;
20 (e) in section 102(2)(a) before "a serious" insert
"of";
(f) in section 153 before "If" insert "(1)".
15. Indemnity by third party
(1) In section 104(1) of the Transport Accident Act
25 1986--
(a) after "injury" (wherever occurring) insert
"or death";
(b) for "pecuniary loss" substitute "any loss".
(2) For section 104(2) of the Transport Accident
30 Act 1986 substitute--
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Transport Accident (Amendment) Act 1998
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"(2) The liability of a person under sub-section
(1) shall not exceed the amount which, but
for this Act, the person would be liable to
pay--
5 (a) to the injured person in respect of the
injury: or
(b) in the case of the death of the person, to
his or her dependents.".
16. Section 108 repealed
10 Section 108 of the Transport Accident Act 1986
is repealed.
17. Repeal of spent provisions
In the Transport Accident Act 1986--
(a) section 110(5) is repealed;
15 (b) sections 111(2) and 111(3) are repealed;
(c) Parts 11 and 12 are repealed.
18. Powers of inspection
In sections 127A(1)(b) and 127A(1)(c) of the
Transport Accident Act 1986 for "books"
20 substitute "documents".
19. Regulations
In section 132(1)(c) of the Transport Accident
Act 1986 for "Hospitals and Charities Act
1958" substitute "Health Services Act 1988".
25
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Transport Accident (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Transport Accident (Amendment) Act 1998
Act No.
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