Victorian Consolidated Legislation

TRANSPORT ACCIDENT ACT 1986

No. 111 of 1986
Version incorporating amendments as at 17 April 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   4.      Pre-accident weekly earnings
   4A.     Pre-accident weekly earnings-apprentices, trainees etc.
   5.      Pre-accident weekly earnings-self-employed persons
   6.      Loss of earnings
   7.      Loss of earning capacity
   8.      Objects of Act
   9.      Act to bind the Crown

   PART 2-THE TRANSPORT ACCIDENT COMMISSION

   10.     Transport Accident Commission
   10A.    TAC no longer a reorganising body
   11.     Objectives of the Commission
   12.     Functions of the Commission
   13.     Powers of the Commission
   14.     Accountability of the Commission
   15.     Board of Management
   16.     Terms and conditions of office of Director
   17.     Acting Chairperson
   18.     Acting Directors
   19.     Validity of acts or decisions
   20.     Proceedings of the Board
   20A.    Resolutions without meetings
   21.     Disclosure of interests
   22.     Delegation
   23.     Commission may authorise persons or services
   24.     Advisory committees
   25.     Chief Executive Officer and other staff
   26.     Fund management agents
   27.     Transport Accident Fund
   28.     Borrowing powers
   28A.    Repealed
   29.     Budget
   29A.    Repayment of capital
   29B.    Dividends
           30-32. Repealed
   33.     Audit

   PART 2A-VICTORIAN GOVERNMENT SECURITY BONDS

   33A.    Definitions
   33B.    Assets and rights transferred to the Commission
   33C.    Liabilities transferred to the Commission
   33D.    Promissory notes
   33E.    Instruments
   33F.    Guarantee of the Commission's liabilities under this Part 33G. Treasurer may execute guarantee
   33H.    Appropriation for guarantees etc.
   33I.    Other rights not affected

   PART 3-COMPENSATION

           Division 1-Application of Part 34. Application of Part

           Division 2-Entitlement to compensation

   35.     Persons entitled to compensation
   36.     Discretion of Commission to pay compensation
   37.     Circumstances where Commission not liable to pay compensation
   38.     Compensation in relation to accidents arising in the course of employment
   38AA.   Settlement between Commission and Victorian WorkCover Authority
   38A.    Commission not liable where compensation payable under Accident Compensation Act 1985.
   39.     Circumstances in which a person is not entitled to
           compensation
   40.     Circumstances in which certain compensation is not payable
           or is reduced
   40A.    General provisions
   41.     Motor sport accidents excluded
   41A.    Unregistered motor vehicle accidents on private land excluded
   41B.    Uninsured motor vehicle accidents on private land
   42.     Entitlement to compensation outside Victoria
   43.     Liability for losses in first five days etc.

           Division 3-Benefits

   44.     Total loss of earnings
   45.     Partial loss of earnings
   45AA.   Interim payments to self-employed person
   45AB.   Interim payments to be reconciled with actual entitlements
   45AC.   Seasonal earners may opt to receive loss of earnings payments on seasonal basis
   45A.    Advice of return to work
   46.     Review of eligibility at 18 months
   46A.    Degree of impairment
   46AA.   Changes to methods of determining degree of impairment
   46B.    Assessment of impairment
   46C.    Rounding of assessments of impairment
   47.     Impairment benefit
   48.     Impairment benefit where more than one accident involved
   49.     Total loss of earning capacity
   50.     Partial loss of earning capacity
   50A.    Loss of earning capacity-after return to work
   51.     Loss of earning capacity-non-earners
   52.     Commission not liable where payments less than certain
           amount
   53.     Cessation of loss of earnings payments
   54.     Minors' additional benefits
   54A.    Safety net income benefit for persons with severe injuries
   55.     Review-after first 18 months
   56.     Redemption of payments if less than certain amount
   57.     Death benefit for surviving partner
   58.     Surviving partner-periodical payments
   59.     Surviving children
   60.     Medical and like benefits
   60A.    Post hospital support payments
   60B.    Travel allowance payment agreements
   61.     Indexation
   61A.    Individual funding agreements
   61B.    Contents of individual funding agreements
   61C.    Other provisions concerning individual funding agreements
   61D.    Agreements where person has a legal disability
   62.     General provisions relating to the payment of compensation

   PART 4-CLAIMS PROCEDURE

           Division 1-Application of Part 63. Application of Part

           Division 2-Claims under this Act

   64.     Notice of accident
   65.     Provisions applying to notice under section 64.
   66.     Payment of penalty
   67.     Form of claim
   68.     Time for making claim under Part 3.
   69.     Time for making claim under Division 1 of Part 10.
   70.     Decision on eligibility for compensation
   71.     Medical examinations
   72.     Interim payments
   73.     Time of payment
   74.     Cessation or review of liability to pay compensation in certain circumstances
   75.     Overpayments
   76.     Proof of entitlement

           Division 2A-Reimbursement of private health insurers

   76A.    Commission may reimburse private health insurer

           Division 3-Reviews

   77.     Application to Tribunal
   78.     Commission to reconsider decision
   79.     Costs
   80.     Commission may vary decision
   81.     Repealed
   82.     Application of Division
   83.     Repealed

   PART 5-TRAILERS

   84.     Definitions
   85.     Survival of actions
   86.     Insurance in respect of trailers
   87.     Rights to recover against Commission
   88.     Provision where owner etc. of trailer cannot be found
   89.     Apportionment of costs
   90.     Notice of accidents etc.
   91.     Persons in charge of trailers
   92.     Agreements by next friends etc.

   PART 6-LEGAL RIGHTS OUTSIDE THIS ACT

           Division 1-Damages in respect of death or serious injury

   93.     Actions for damages
   93D.    Directions

           Division 2-Indemnity by Commission

   94.     Indemnity
   94A.    Settlement between Commission and Victorian WorkCover Authority
   95.     Survival of actions
   96.     Transport accidents involving unidentified or unindemnified vehicles
   97.     Repealed
   98.     Apportionment of costs
   99.     Owner to give notice
   100.    Driver of motor vehicle etc. to give notice of accidents
   101.    Repealed
   102.    Unauthorized or intoxicated drivers
   103.    Agreements by next friends etc.

           Division 3-General

   104.    Indemnity by third party
   105.    Amounts to be repaid to Commission where damages
           recovered
   106.    Contributory negligence
   107.    Commission may take proceedings
   107A.   Compensation for pain and suffering

   PART 7-TRANSPORT ACCIDENT CHARGES

   108.    Repealed
   109.    Transport accident charge
   110.    Rates of charges
   110A.   Repealed
   111.    Interstate vehicles
   112.    Motor vehicles under control of manufacturers
           113, 114 Repealed
   115.    Agreements in respect of the operation of trains or trams

   PART 8-OFFENCES AND PROCEEDINGS

   116.    Fraud
   117.    False information
   117A.   Refunding money to Commission
   117B.   Obtaining benefits that are not payable
   117C.   Failure to pay full amount of transport accident charge
   118.    Obstructing officers
   119.    General penalty
   120.    Institution of prosecutions

   PART 9-GENERAL

   121.    Agreements with providers of ambulance services, hospital services or road accident rescue services
           122, 123 Repealed
   123A.   Service provider not Commission employee
   124.    Statement of Commission prima facie evidence of certain
           matters
   124A.   Certificate of Commission
   125.    Payment after death of person entitled
   126.    Assignment and attachment
   126A.   Application of legal professional privilege
   127.    Access to police and other records
   127A.   Powers of inspection
   127B.   Offence to obstruct inspection
   128.    Signature
   129.    Service of documents by Commission
   130.    Service of documents on Commission
   131.    Secrecy provisions
   131A.   Commission may refer misconduct etc. to appropriate body and suspend payment
   132.    Regulations
   132A.   Transitional provisions
   132B.   Supreme Court-limitation of jurisdiction
   132C.   Supreme Court-limitation of jurisdiction

   PART 10-ACCIDENTS BEFORE COMMENCEMENT OF SECTION 34.

           Division 1-Motor accident benefits

   133.    Application of Division
   134.    Definitions
   135.    Compensation under this Division
   136.    Payment to persons not resident in Victoria
   137.    Payments where other compensation applies
   138.    Payments where person entitled to accident compensation
   139.    Commission not liable for payments in certain circumstances
   140.    No requirement to pay if claim less than $60.
   141.    Compensation for deprivation or impairment of earning
           capacity
   142.    Payment to dependent partner
   143.    Payment to dependent child
   144.    Amount payable to be reduced in certain cases
   145.    Payments in respect of expenses other than loss of income
   146.    Discretion of Commission where applicant not resident in Victoria
   147.    Payment of costs and expenses
   148.    Payments due at time of death
   149.    Payment in event of death
   150.    Proceedings for damages

           Division 2-Third party insurance

   151.    Application of Division
   152.    Definitions
   153.    Right of judgment creditor to recover from insurer
   154.    Provision for case where owner or driver cannot be found
   155.    Provision for case where identity of car cannot be ascertained
   156.    Special provisions in relation to uninsured motor cars
   157.    Where owner or driver of uninsured motor car cannot be
           found
   158.    Appointment of Incorporated Nominal Defendant as Administrator ad litem
   159.    Notice of certain accidents affecting uninsured motor cars
   160.    Power to substitute person for nominal defendant
   161.    Apportionment of costs
   162.    Owner to give authorized insurer notice of accidents
   163.    Notice by driver
   164.    Authorized insurer empowered to settle claims etc.
   165.    Rights against unauthorized or intoxicated drivers
   166.    Provision for action to recover certain amounts
   167.    Provision for stay of proceedings
   168.    Agreements by next friends etc.
   169.    Agreements negativing provisions of Division to be void
   170.    Offences
   171.    Regulations

           Division 3-Awarding of damages

   172.    Application
   173.    Discount rate applicable to certain awards of damages
   174.    Maximum amount of damages for provision of certain
           services
   175.    Payment of interest

   PART 11-SAVINGS AND TRANSITIONAL PROVISIONS-AMENDING ACTS

           Division 1-Transport Accident (Amendment) Act 1998.

   176.    Definition of amending Act
   177.    Section 46A (Degree of impairment)

           Division 2-Accident Compensation and Transport Accident Acts (Amendment) Act 2003.

   178.    Definitions
   179.    Section 3 (Definition of medical service)
   180.    Section 46C (Rounding of assessments of impairment)
   181.    Section 60 (Medical and like benefits)
   182.    Section 70 (Decision on eligibility for compensation)

           Division 3-Transport Accident (Amendment) Act 2004.

   183.    Definitions
   184.    Changes that apply to all claims
   185.    Sections 4 and 4A (Pre-accident weekly earnings)
   186.    Sections 45AA and 45AB (Interim payments to self-employed person)
   187.    Section 45AC (Loss of earnings payments to seasonal earners)
   188.    Section 46A (Degree of impairment)
   189.    Section 47 (Impairment benefits)
   190.    Section 47(3A) (Interim payment of lump sum impairment benefits)
   191.    Section 48-Savings provisions concerning impairment
           benefits paid as an annuity
   192.    Application of amendments to section 60.

           Division 4-Transport Accident and Accident Compensation Acts Amendment Act 2007.

   193.    Changes that apply to all claims
   194.    Changes that only apply to claims made on or after the commencement date
   195.    Application of amendments to section 6.

   PART 12-Repealed
   __________________
           1, 2-Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details