Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 4A

Pre-accident weekly earnings-apprentices, trainees etc.

4A. Pre-accident weekly earnings-apprentices, trainees etc.



(1) This section applies if, at the time an earner was injured in a transport
accident, he or she was-

   (a)  under the age of 21 years; or

   (b)  an apprentice; or

   (c)  employed under a contract of service under which he or she was
        expressly required to undergo any training, instruction or examination
        for the purpose of becoming qualified for the occupation to which the
        contract of service related-

and, under the terms of his or her employment, he or she was entitled to
increments in earnings as the employment continued.

(2) Despite section 4, in respect of any week after the accident in which the
earner is entitled to a payment under this Act the calculation of which
depends on the amount of the earner's pre-accident weekly earnings, the
payment is to be calculated on the basis that the earner's pre-accident weekly
earnings are the weekly earnings that it is likely that he or she would have
been entitled to in that week had the accident not occurred and had he or she
continued in the employment.

Note This section only applies to an earner who was injured in a transport
accident that occurs on or after the date of commencement of section 6 of the
Transport Accident (Amendment) Act 2004-see section 185.