ACCIDENT COMPENSATION ACT 1985 - SECT 137 Liability of the Transport Accident Commission

ACCIDENT COMPENSATION ACT 1985 - SECT 137

S. 137(1) amended by Nos 111/1986

s. 180(3) (Sch.  2 item 3(d)(i) (ii)), 67/1992

s. 64(7)(c).

    (1)     Where—

S. 137(1)(a) amended by Nos 83/1987

s. 75, 67/1992 s. 64(7)(c).

        (a)     the Authority, a self-insurer or an employer is required under this Act to pay an amount of compensation in respect of the death or injury of a worker (being death or injury that was caused by or arose out of the use of a motor car before the commencement of section 34 of the Transport Accident Act   1986 ); and

S. 137(1)(b) amended by No. 111/1986

s. 180(3) (Sch.  2 item 3(d)(i)(ii)).

        (b)     the Transport Accident Commission would, if no compensation were payable under this Act in respect of the death or injury, have been liable to make payments in respect of the death or injury under the Transport Accident Act 1986 —

the Transport Accident Commission shall, notwithstanding anything to the contrary in the Transport Accident Act 1986 , be liable to make payment to the Authority, self-insurer or employer in accordance with subsection (2).

S. 137(2) amended by No. 111/1986

s. 180(3) (Sch.  2 item 3(d)(iii)).

    (2)     The total amount of any payment to be made under subsection (1) by the Transport Accident Commission in respect of an injury or death shall be an amount equal to—

S. 137(2)(a) amended by Nos 111/1986

s. 180(3) (Sch.  2 item 3(d)(iv)), 64/1989

s. 35(j).

        (a)     the amount of compensation payable under Division 2 (except sections 98 and 99) of Part IV less the amount of any payment in respect of that injury or death made under section 15A of the Motor Accident Act 1973 or section 138 of the Transport Accident Act 1986 ;

S. 137(2)(b) amended by No. 111/1986

s. 180(3) (Sch.  2 item 3(d)(v)).

        (b)     the total amount of the payments which the Transport Accident Commission would, if no compensation were payable under this Act in respect of the death or injury, have been liable to make under section 141, 142 or 143 of the Transport Accident Act 1986 in respect of that death or injury; or

        (c)     $20 800—

whichever is the lesser.

S. 137(3) amended by Nos 111/1986

s. 180(3) (Sch.  2 item 3(d)(vi)), 67/1992

s. 64(7)(c).

    (3)     The Transport Accident Commission is not liable to make a payment under subsection (1) to the Authority, a self-insurer or an employer in respect of an amount of compensation if the Authority, the self-insurer or the employer has not made a claim to the Transport Accident Commission within three months after the Authority, the self‑insurer or the employer paid the amount of compensation.

S. 137(4) amended by Nos 111/1986

s. 180(3) (Sch.  2 item 3(d)(vi)–(ix)), 67/1992

s. 64(7)(c).

    (4)     The provisions of the Transport Accident Act 1986 relating to application for and determination of payments in respect of the death or injury of a person shall apply to payments which the Transport Accident Commission is liable to make under subsection (1) as if the Authority, the self-insurer or employer were the injured person or (in the case of the death of the injured person) a spouse or child of the deceased wholly, mainly or in part dependent upon the earnings of the deceased (as the case requires), and as if in section 69 of that Act the requirement that a claim to the Transport Accident Commission be made within six years after the date of the accident were disregarded.

S. 137(5) amended by Nos 111/1986

s. 180(3) (Sch.  2 item 3(d)(vi)), 67/1992

s. 64(7)(c).

    (5)     If an employer has made a claim to the Transport Accident Commission within three months after paying an amount of compensation, the Transport Accident Commission shall not make a payment under this section to the Authority in respect of an amount of compensation paid in respect of an injury to a worker unless the Transport Accident Commission has made payment to the employer in respect of the claim.

S. 137(5A) inserted by No. 26/2000 s. 25(1).

    (5A)     If—

        (a)     the Authority is required under this Act to pay an amount of compensation in respect of the death or injury of a worker arising out of a transport accident within the meaning of section 3 of the Transport Accident Act   1986 on or after the commencement of section 25 of the Accident Compensation (Common Law and Benefits) Act 2000 ; and

        (b)     the Transport Accident Commission would, if no compensation were payable under this Act in respect of the death or injury, have been liable to make payments in respect of that death or injury under the Transport Accident Act 1986 —

the Transport Accident Commission shall, notwithstanding anything to the contrary in the Transport Accident Act 1986 , be liable to make payment to the Authority of an amount equal to the total amount of compensation paid or payable under this Act and any amount paid or payable under an award of damages or in a settlement of a claim or action for damages in respect of that death or injury.

S. 137(5B) inserted by No. 26/2000 s. 25(1), amended by No. 84/2000 s. 38.

    (5B)     If—

S. 137(5B)(a) amended by No. 67/2013 s. 638(7).

        (a)     a self-insurer has appointed the Transport Accident Commission to be its agent under section 147A; and

        (b)     the self-insurer is required under this Act to pay an amount of compensation in respect of the death or injury of a worker arising out of a transport accident within the meaning of section 3 of the Transport Accident Act 1986 on or after the commencement of section 25 of the Accident Compensation (Common Law and Benefits) Act 2000 and   arising during the course of the agency arrangement; and

        (c)     the Transport Accident Commission would, if no compensation were payable under this Act in respect of the death or injury, have been liable to make payments in respect of that death or injury under the Transport Accident Act 1986 —

the Transport Accident Commission shall, notwithstanding anything to the contrary in the Transport Accident Act 1986 , be liable to make payment to the self-insurer of an amount equal to the total amount of compensation paid under this Act in respect of that death or injury less an amount equal to the employer's excess that would be applicable under section 125A if a WorkCover insurance policy was in force.

S. 137(6) substituted by No. 111/1986

s. 180(3)

(Sch. 2 item 3(d)(x)).

    (6)     Moneys in the Transport Accident Fund under the Transport Accident Act 1986 may be applied for the purpose of making any payment which the Transport Accident Commission is liable to make under this section.

S. 137A inserted by No. 50/1994

s. 66.