Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 53

Cessation of loss of earnings payments

53. Cessation of loss of earnings payments



(1) Weekly payments under section 44, 45, 49, 50, 51 or 54A are not payable to
an earner-

   (a)  if there is a normal retiring age for workers in the occupation in
        which the earner was employed at the time of the injury-after the
        earner attains that age; or

   (b)  in any other case-after the earner attains the age of 65 years-

but if an earner is injured-

   (c)  after attaining the age mentioned in paragraph (a) or (b), as the case
        requires; or

   (d)  not more than 12 months before attaining that age-

and, but for this subsection, weekly payments would be payable to the earner,
the earner is entitled, subject to this Act, to weekly payments for a period
not exceeding 12 months or for periods that, in the aggregate, do not exceed
12 months.

(1A) For the purposes of subsection (1), in determining whether there is a
normal retiring age in an occupation, regard may be had to any retiring age in
any industry or establishment where that occupation is carried on.

(1B) A person who is serving a sentence of imprisonment is not entitled to
weekly payments under section 44, 45, 49, 50 or 51 in respect of any period
during which the person is in prison.

(2) The Commission is not liable-

   (a)  to make payments under section 49, 50, 51 or 54A in respect of an
        injury in relation to any period after the settlement or award of
        pecuniary loss damages within the meaning of section 93 in respect of
        the injury; or

   (b)  to make payments under section 47, 48 or 54 in respect of an injury
        after, or in relation to any period after, the settlement or award of
        pain and suffering damages within the meaning of section 93 in respect
        of the injury.

(3) The Commission-

   (a)  is not liable to make payments under section 49, 50 or 51 in respect
        of an injury in relation to any period after the expiration of the
        period of three years after the injury first manifests itself or, in
        the case of a person who was a minor when the injury first manifested
        itself, after the person attains the age of 21; and

   (b)  ceases to be liable to make payments to a person under section 49, 50
        or 51 in respect of an injury when the sum of the amounts paid by the
        Commission to the person under sections 44, 45, 49, 50, 51 and 54
        equals $99 220.





(4) Subsection (3) does not apply in relation to payments to a person who is
injured as a result of a transport accident if-

   (a)  a determination of the degree of impairment has been made under
        section 46A, 47(7) or 47(7A) in respect of the injury; and

   (b)  the person suffers a degree of impairment as a result of the injury
        that is determined by the Commission as 50 per centum or more.

(5) Subsection (3) does not apply in relation to payments to a person who is
injured as a result of a transport accident if-

   (a)  a determination of a degree of impairment has not been made under
        section 46A or 47(7A) in respect of the injury as at 3 years after the
        accident; and

   (b)  the person suffers a degree of impairment as a result of the injury
        that if it were to be determined by the Commission would be likely to
        be determined as 50 per centum or more.