TRANSPORT ACCIDENT ACT 1986 - SECT 39 Circumstances in which a person is not entitled to compensation

TRANSPORT ACCIDENT ACT 1986 - SECT 39

    (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—

S. 39(1)(a) amended by No. 49/2018 s. 5(1).

        (a)     in the case of a transport accident involving a motor vehicle or pedal cycle (other than a recreation vehicle)—

S. 39(1)(a)(i) amended by Nos 37/2014 s. 10(Sch. item 170.2(a)), 49/2018 s. 5(2).

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

S. 39(1)(a)(ii) amended by No. 37/2014 s. 10(Sch. item 170.2(b)).

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

S. 39(3)(a) substituted by No. 18/2022 s. 24.

        (a)     is convicted of an offence of murder or manslaughter, or an offence against section 5A of the Crimes Act 1958 , the commission of which involved the use of a motor vehicle; or

S. 39(3)(b) amended by Nos 80/2010 s. 3, 71/2013 s. 10(1), substituted by No. 18/2022 s. 24.

        (b)     was driving a motor vehicle at the time of the transport accident and is convicted of an offence under section 318(1) or 319(1) of the Crimes Act 1958 or a corresponding law in respect of driving the motor vehicle at that time.

S. 39(4) inserted by No. 71/2013 s. 10(2).

    (4)     For the purposes of this section, t he Minister may, by Order published in the Government Gazette, declare a law of another State or a Territory, including a law that has been repealed or has expired, to be a corresponding law for the purposes of this section.

S. 40 amended by Nos 127/1986 s. 102(Sch. 4 items 29.2, 29.10), 32/1988 s. 9(2)(b)

(i)–(iv), 84/1994 s. 29, substituted by No. 84/2000 s. 12.