Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 45AC

Seasonal earners may opt to receive loss of earnings payments on seasonal basis

45AC. Seasonal earners may opt to receive loss of earnings payments on
seasonal basis



(1) This section applies if a seasonal earner is injured in a transport
accident and suffers a loss of earnings as a result of the injury.

(2) For the purposes of this section-

   (a)  a seasonal earner is a person who engages in one or more seasonal
        activities;

   (b)  seasonal activities are activities that occur on an annual basis but
        that only provide employment for most of the people engaged in them
        for less than 6 months in any 12 month period.

Example Fruit-picking, skiing instruction, acting in a television series that
is only in production for 5 months each year, acting in school holiday plays,
operating a whale-watching boat, making Christmas puddings.

(3) For the purposes of sections 44 and 45, a seasonal earner may elect to be
compensated under those sections during the period of entitlement on a week to
week basis as if a reference in those sections to the earner's pre-accident
weekly earnings was a reference in a particular week to the earnings the
earner could reasonably have expected to earn in that week had the injury not
occurred.

Note This subsection enables a seasonal earner to elect to receive weekly loss
of earnings payments on the same pattern that he or she was accustomed to
before the injury, that is, for instance, higher payments in weeks in which he
or she would normally have been working full time and no, or lower, payments
in weeks when he or she would normally have been unemployed or working part
time. If no election is made the earner will receive the same amount each week
based on a weekly average of his or her earnings in the last 12 months (unless
another provision of section 44 or 45 applies).

(4) An election under subsection (3)-

   (a)  must be made in writing and be given to the Commission within 14 days
        after the earner becomes entitled to receive any payment under section
        44 or 45; and

   (b)  has effect for the remainder of the period of entitlement that applies
        in respect of the injury; and

   (c)  cannot be revoked once any payment under section 44 or 45 is made to
        the earner in accordance with the election.







(5) Despite subsection (4)(a), the Commission may waive the 14 day period
referred to in that subsection if, in the opinion of the Commission, it is
appropriate to do so in particular circumstances.

Note This section only applies to a person who was injured in a transport
accident that occurs on or after the date of commencement of section 9 of the
Transport Accident (Amendment) Act 2004-see section 187.