Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 38

Compensation in relation to accidents arising in the course of employment

38. Compensation in relation to accidents arising in the course of employment



(1) If, under the Accident Compensation Act 1985, the Victorian WorkCover
Authority, an authorised insurer or self-insurer pays compensation to a person
in respect of an injury or death-

   (a)  resulting from a transport accident; and

   (b)  deemed to have arisen out of or in the course of any employment by
        reason of section 83(2) (except section 83(2)(a)) of the
        Accident Compensation Act 1985 as in force before 1 December 1992-

the Transport Accident Commission, on application by the Victorian WorkCover
Authority, authorised insurer or self-insurer, must reimburse the Authority,
authorised insurer or self-insurer for the amount of compensation paid in
respect of the person by the Authority, authorised insurer or self-insurer.

(1A) If the Commission is appointed as a delegate of the Victorian WorkCover
Authority, the Commission is liable to pay compensation under and in
accordance with the Accident Compensation Act 1985 in respect of an injury or
death-

   (a)  resulting from a transport accident; and

   (b)  deemed to have arisen out of or in the course of any employment by
        reason of section 83(2) (except section 83(2)(a)(i)) of that Act as in
        force before 1 December 1992.

(2) Except as provided in subsections (1) or (1A), the Commission is not
liable to pay compensation in respect of a person who is injured or dies as a
result of a transport accident to a person who is, or appears to the
Commission to be, entitled to compensation in respect of that injury or death
under the Accident Compensation Act 1985.









(3) If-

   (a)  a person makes a claim for compensation under the
        Accident Compensation Act 1985 in relation to a transport accident;
        and

   (b)  an order is made under section 109(8) of that Act that weekly payments
        not commence-

the Transport Accident Commission may pay compensation in accordance with this
Act in relation to that person.

(4) If the Transport Accident Commission pays compensation to a person under
subsection (3) and a recommendation or determination is later made that the
Victorian WorkCover Authority or a self-insurer is liable to pay compensation
to that person, the Victorian WorkCover Authority or self-insurer must, on
application by the Transport Accident Commission, reimburse that Commission
for the amount of compensation paid by it to that person.

(5) Subsection (4) does not apply if the liability to pay compensation arises
in the circumstances referred to in subsection (1)(a) and (b).

(6) This section does not apply in respect of an injury or death that arises
or is deemed to have arisen on or after the commencement of section 67 of the
Accident Compensation (WorkCover) Act 1992.