Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 42

Entitlement to compensation outside Victoria

42. Entitlement to compensation outside Victoria



(1) This section applies where a person is injured or dies as a result of a
transport accident if-

   (a)  the person, a dependant of the person or the surviving partner of the
        person is entitled to compensation in respect of the accident in
        accordance with this Act; and

   (b)  a person has a right to claim compensation or a right of action in
        respect of the accident under the law of a place outside Victoria.

(2) The person, or a dependant or a surviving partner of the person, is not
entitled to compensation in accordance with this Act if, under the law of a
place outside Victoria-



   (a)  the person, dependant or surviving partner has been paid or has
        recovered an amount of compensation or damages; or



   (b)  an award of compensation or judgment for damages has been made, given
        or entered in favour of the person, dependant or surviving spouse; or

   (c)  any payment into court has been accepted by the person, dependant or
        surviving spouse; or



   (d)  there has been a compromise or settlement of a claim by the person,
        dependant or surviving spouse; or

   (e)  a claim for compensation in favour of the person, dependant or
        surviving spouse has been accepted; or

   (f)  the person, dependant or surviving spouse has commenced an action for
        damages in a court of competent jurisdiction-

unless the Commission is liable under section 94(1) to pay compensation to the
person, dependant or surviving spouse under the law of a place outside
Victoria.





(3) If the person, a dependant or a surviving partner of the person-

   (a)  receives compensation under this Act in respect of a transport
        accident; and

   (b)  under the law of a place outside Victoria-

   (i)  receives compensation or damages; or

   (ii) obtains an award of compensation or judgment for damages; or

   (iii) payment into court has been accepted; or

   (iv) there has been a settlement or compromise of a claim-

in respect of the accident-

the Commission may recover from that person, dependant or surviving partner as
a debt due to the Commission the amount of compensation paid under this Act or
the amount to which paragraph (b) refers, whichever is the lesser.

(4) If a person claims compensation under this Act in respect of a transport
accident, an amount recovered or to be recovered by that person under the law
of a place outside Victoria as compensation or damages in respect of a
transport accident shall be presumed to be compensation or damages in respect
of the same transport accident unless the person proves to the contrary.

(5) If a person who claims or is entitled to claim compensation under this Act
in respect of a transport accident claims compensation or commences
proceedings outside Victoria for the recovery of damages in respect of that
accident, the person must give notice in writing to the Commission.