Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 54A

Safety net income benefit for persons with severe injuries

54A. Safety net income benefit for persons with severe injuries



(1) Subject to this section, the Commission is liable to pay to a person who
as a result of a transport accident-

   (a)  suffers a severe injury and a degree of impairment that is 50 per
        centum or more which would otherwise entitle the person to payments
        under section 49, 50 or 51; and

   (b)  has had his or her employment terminated or can no longer sustain his
        or her self-employment-

a weekly payment under this section.

(2) The Commission is not liable to make a payment to a person under this
section if the person unreasonably refuses to participate in-

   (a)  a rehabilitation program that is approved by the Commission and
        provided by a rehabilitation service; or

   (b)  a vocational rehabilitation program that is approved by the Commission
        and provided by a vocational rehabilitation service.

(3) Subject to subsection (4), a person's entitlement to a payment under this
section ceases if he or she receives a reasonable offer of suitable
employment.

(4) If a person to whom this section applies-

   (a)  takes up a reasonable offer of suitable employment; and

   (b)  has his or her employment terminated or can no longer sustain his or
        her self-employment-

the Commission is liable to pay to the person a weekly payment under this
section.

(5) A weekly payment under this section must not exceed whichever is the
lesser of-

   (a)  $965; or

   (b)  an amount equal to 80 per centum of whichever is the greater of the
        person's pre-termination weekly earnings or the person's pre-accident
        earnings.

(6) If a person receives a weekly payment under this section, the person is
not entitled to receive a payment under section 49, 50, 50A or 51.

(7) In this section-

pre-termination weekly earnings in relation to an earner (other than a
self-employed person) has the same meaning as pre-accident weekly earnings has
in section 4(1) except that relevant day means the day on which the post
accident employment was terminated;

pre-termination weekly earnings in relation to an earner who is a
self-employed person has the same meaning as pre-accident weekly earnings has
in section 5 except that the relevant period is the period of 12 months
immediately preceding the day on which the person can no longer sustain his or
her self-employment.