Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 47

Impairment benefit

47. Impairment benefit





(1) If under section 46A or 47(7A)-

   (a)  the Commission has determined the degree of impairment of a person who
        is injured as a result of a transport accident; and

   (b)  the degree so determined is more than 10 per centum-

the Commission must assess an impairment benefit in respect of the person.
Note This section, as amended by section 11 of the Transport Accident
(Amendment) Act 2004 (which substituted subsection (2) and amended subsection
(6)), only applies to a person who was injured in a transport accident that
occurs on or after the date of commencement of section 11-see section 189.



(2) The impairment benefit is the amount shown, or the amount calculated in
accordance with the formula, in column 2 of the following table that is
opposite the person's degree of impairment-

Degree of impairment Impairment benefit 10% or less 0 11% - 19% $4 500 + D -
10) ´ $1000) 20% - 49% $15 000 + D - 20) ´ $1500) 50% - 59% $60 250 + D - 50)
´ $1750) 60% - 79% $78 000 + D - 60) ´ $2000) 80% - 89% $120 000 + D - 80) ´
$4000) 90% - 99% $164 000 + D - 90) ´ $8000) 100% $252 000 where "D" is the
person's degree of impairment expressed as a number.

(2A) If a degree of impairment of 11% or more is the result of more than one
transport accident, section 48 applies.

(3) The Commission must pay to a person in respect of whom an impairment
benefit or interim benefit is assessed under this section-

   (a)  the amount of that benefit as a lump sum; or

   (b)  if an interim benefit has been paid, the amount of the impairment
        benefit less the amount of the interim benefit; or

   (c)  if the person requests that part only of the benefit be paid as a lump
        sum, that part as a lump sum.

(3AA) The Commission must make any payment under subsection (3) to the person
in respect of whom the impairment benefit or interim benefit is assessed
without setting off any legal costs.

(3A) The Commission may pay an interim benefit under this section at any time
to a person who is injured as a result of a transport accident if it is
satisfied-

   (a)  that, given the nature of the person's injuries, the person's
        permanent impairment is likely to be at least 30%; or

   (b)  that the person's injuries are substantially stable.

Note Subsection (3A) applies with respect to all transport accidents that
occurred on or after the day that is 18 months before the date of commencement
of section 12 of the Transport Accident (Amendment) Act 2004-see section 190.

(4) If a person requests that part only of the impairment benefit be paid as a
lump sum, the Commission must pay to the person periodic payments calculated
in accordance with the regulations on the impairment benefit, less the sum of
the part of impairment benefit paid under subsection (3)(c) and any interim
benefit paid.

(5) If the amount of an interim benefit paid to a person exceeds the amount of
the impairment benefit, the Commission is not entitled to recover the
difference from that person.

(6) If as a result of two or more transport accidents, a person has a total
degree of impairment that is more than 10 percent suffered as a result of the
transport accidents-



* * * * *



   (b)  section 93(3) does not apply unless the degree of impairment is
        determined to be 30 percent or more as the result of one of the
        transport accidents.

(7) Despite sections 46A(1) and 46A(1AA), the Commission may for the purposes
of proceedings for the recovery of damages in respect of the injury at any
time determine the degree of impairment of a person who is injured as a result
of a transport accident and who-





   (a)  has made a claim for compensation in their own right within the period
        of time provided by this Act that has been accepted by the Commission
        and is or may be entitled to compensation under this Act; or

   (b)  is not entitled to compensation under this Act by virtue of section
        37, 38, 38A or 42-

if the Commission is satisfied that the injury has stabilised or has
substantially stabilised.

(7A) If the Commission determines under subsection (7)(a) the degree of
impairment of a person who is injured as a result of a transport accident, the
Commission may make a further determination of the degree of impairment of
that person in substitution for the determination under subsection (7) 18
months after the accident occurred or in the case of a minor, when the person
attains the age of 18 years.





(7B) If the Commission determines under subsection (7) that-

   (a)  the degree of impairment of a person who is injured is not the result
        of a transport accident; or

   (b)  the degree of impairment of a person is less than 30 percent; or

   (c)  the degree of impairment cannot be determined because the injury has
        not stabilised or has not substantially stabilised-

the person may apply to the Tribunal for review of the decision.

(8) This section, other than subsection (7), continues to apply in respect of
a person who is injured in a transport accident, despite the determination of
a degree of impairment under that subsection unless the person has recovered
damages in accordance with Part 6.