Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 59

Surviving children

59. Surviving children



(1) If a person dies as a result of a transport accident and leaves a
dependent child whose other parent is not a dependent partner of the person or
does not wholly, mainly or in part provide economic support for the dependent
child or is dead or dies as a result of the same accident, the Commission is
liable to pay weekly payments, a death benefit and an education allowance in
accordance with this section.

(2) If-

   (a)  a person dies as a result of a transport accident; and

   (b)  the surviving partner of that person dies after the accident but
        otherwise than as a result of a transport accident and was,
        immediately before the death, entitled to compensation under section
        58-

the Commission is liable to pay weekly payments and an education allowance in
accordance with this section to a dependent child within the meaning of
section 58 of the surviving partner.

(3) A weekly payment under subsection (1) or (2)-

   (a)  is the sum of $59 for each dependent child, until the child attains
        the age of 16 years or, if the child is a full-time student, until the
        child attains the age of 18 years or ceases to be a full-time student,
        whichever first occurs; and

   (b)  must be paid to the guardian of the child for the benefit of the
        child.

(4) The death benefit under subsection (1) for each dependent child-

   (a)  is payable if, at the time of the death, the child was under 16 or, if
        a full-time student, under 25; and

   (b)  is the sum of $103 210 divided by the number of dependent children;
        and



   (c)  if the child was under 18 at the time of the death, must be paid to a
        trustee company determined by the Commission to be held on behalf of
        and for the benefit of the child until he or she attains the age of 18
        years-

and, if a dependent child dies before attaining the age of 18 years, the
amount standing to the credit of the account for the child must be refunded by
the trustee company to the Commission.

(4A) If the Commission determines under subsection (4) that a death benefit
under subsection (1) be paid to State Trustees within the meaning of the
State Trustees (State Owned Company) Act 1994, State Trustees must accept
payment of the amount of the benefit and the acceptance of that amount is a
sufficient discharge to the person transferring that amount.

(5) If under subsection (4) the trustee company holds an amount for the
benefit of a child, the trustee company may apply the whole or any part of
that amount, or the income from that amount, towards the maintenance,
education, advancement or benefit of the child.

(6) The education allowance under subsection (1) or (2)-

   (a)  is the sum of $1660 per annum for each dependent child until the child
        attains the age of 16 years or, if the child is a full-time student,
        until the child attains the age of 18 years or ceases to be a
        full-time student, whichever first occurs; and

   (b)  must be paid to the guardian of the child for the benefit of the
        child.



(7) If a weekly payment or an education allowance is paid to a dependent child
of a person who dies as a result of a transport accident because the other
parent does not wholly, mainly or in part provide economic support for the
dependent child, weekly payments and the education allowance continue to be
payable whether or not the other parent at any later time provides any
economic support for the dependent child.

(8) The Commission is not liable to pay weekly payments or an education
allowance under this section for a child of a person who dies as a result of a
transport accident if-

   (a)  the Commission is liable to make payments under section 57 or 58 to a
        surviving partner of the person; and



   (b)  the child is a dependant of the surviving partner.



(9) The Commission is not liable to pay a death benefit under this section for
a child of a person who dies as a result of a transport accident if the
Commission is liable to make payments under section 57 or 58 to a surviving
partner of the person.

(10) The Commission is not liable to make any payment under this section to or
for a dependent child of a person who dies as a result of a transport accident
after, or in respect of any period after an award or settlement of damages is
made in respect of the death.





(11) If both parents of a child die as a result of the same transport accident
and the Commission is liable to pay amounts in accordance with this section,
the Commission is not liable to pay amounts that are greater than those it
would be liable to pay under this section if only one parent had died as a
result of the transport accident.

(12) Subsection (13) applies if-

   (a)  the Commission has determined that it is liable to make payments under
        this section; and

   (b)  the Tribunal upon a review determines that the Commission is liable to
        make payments under sections 57 and 58 to the surviving partner of an
        earner.

(13) If this subsection applies-

   (a)  State Trustees must, at the request in writing of the Commission,
        refund to the Commission any lump sum paid to State Trustees on behalf
        of a dependent child; and

   (b)  the Commission is entitled to set-off payments made as weekly payments
        and education allowance under this section against the payments that
        the Commission is liable to make under sections 57 and 58 to the
        surviving partner of the earner.

(14) Subsections (12) and (13) as inserted by section 18 of the Transport
Accident (Amendment) Act 2000 apply to and in respect of a transport accident
which occurs on or after the commencement of that section.