Victorian Consolidated Legislation

Transport Act 1983 - SECT 12

Financial assistance to train drivers following fatal incidents

12. Financial assistance to train drivers following fatal incidents



(1) The Director of Public Transport must grant to a train driver engaged by a
train operator an amount of financial assistance equal to the prescribed
amount if the Director is satisfied that the train driver is eligible under
this section to be awarded that amount.

(2) A train driver is eligible under this section to be awarded financial
assistance if-

   (a)  the train driver was driving a train that was involved in an incident
        in which one or more persons died either by being struck by the train
        or by being in a vehicle struck by a train; and

   (b)  the incident occurred on or after the commencement of section 9 of the
        Transport Legislation Amendment Act 2007.

(3) A train driver is not eligible for financial assistance under this section
if the train driver was convicted or found guilty of an offence under Part 6
of the Rail Safety Act 2006 involving alcohol or drugs in relation to the
incident.

(4) The financial assistance granted under this section must be paid out of
the Public Transport Fund as a lump sum.





(5) Despite anything to the contrary in the Accident Compensation Act 1985 or
the Transport Accident Act 1986, a grant of financial assistance under this
section is not to be taken into account in determining any amount of
compensation, assistance or payment of any kind that the train driver is
entitled to receive under either of those Acts.

Note The financial assistance that a train driver has been awarded or is
eligible to be awarded under this section is to be taken into account to
reduce the amount of financial assistance awarded to the train driver under
the Victims of Crime Assistance Act 1996. See section 16(ac) of that Act.

(6) In this section the prescribed amount of financial assistance is $1300 or
any higher amount that is prescribed as the maximum amount for the purposes of
section 8A of the Victims of Crime Assistance Act 1996 in relation to a
category C act of violence.



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