Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 39

Circumstances in which a person is not entitled to compensation

39. Circumstances in which a person is not entitled to compensation



(1) The Commission is not liable to pay compensation under this Act in respect
of a person who is injured or dies as a result of a transport accident if-

   (a)  in the case of a transport accident involving a motor vehicle (other
        than a recreation vehicle)-

   (i)  that occurred in Victoria-a report is not made to a member of the
        police force whether under section 61 of the Road Safety Act 1986 or
        otherwise; or

   (ii) that occurred in another State or in a Territory-a report is not made
        to a member of the police force of that State or Territory; and



   (b)  in the case of a transport accident involving a railway train or a
        tram, a report of the transport accident is not made to the operator
        of the railway train or the tram.

(2) Subsection (1) does not apply in respect of a person if-

   (a)  a person is injured or dies as a result of a transport accident
        involving a motor vehicle; and

   (b)  a report of the transport accident was not made in accordance with
        subsection (1)(a); and

   (c)  the Commission determines that in all the circumstances the failure
        should be excused.

(3) The Commission is not liable to pay compensation under this Act (other
than under section 60) to a person who is injured in a transport accident if
the person-

   (a)  was driving a motor vehicle at the time of the transport accident; and

   (b)  is convicted of an offence under section 318(1) of the Crimes Act 1958
        in respect of driving the motor vehicle at that time.