Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 6

Loss of earnings

6. Loss of earnings



(1) In this Act a reference to loss of earnings in relation to a person in the
first 18 months after a transport accident is to be taken to be a reference to
the loss incurred or likely to be incurred having regard to the loss of
earnings which the person has incurred and the likely loss of future earnings
which that person will incur by reason of the injury.

(2) In this section-

earnings means such amount as, in the opinion of the Commission, the person
concerned would have received by way of income from personal exertion but for
the transport accident;

income from personal exertion in relation to a person means-

   (a)  the amount that is the income of that person consisting of earnings,
        salaries, wages, commissions, fees, bonuses, pensions, retiring
        allowances and retiring gratuities, allowances and gratuities received
        in the capacity of employee or in relation to any services rendered;
        and

   (b)  the proceeds of any business carried on by that person either alone or
        in partnership with any other person; and

   (c)  any amount received as bounty or subsidy in carrying on a business;
        and

   (d)  the income from any property where that income forms part of the
        emoluments of any office or employment of profit held by that person;
        and

   (e)  any profit arising from the sale by that person of any property
        acquired by the person for the purpose of profit-making by sale or
        from the carrying on or carrying out of any profit-making undertaking
        or scheme- but does not include-

   (f)  interest, unless that person's principal business consists of the
        lending of money, or unless the interest is received in respect of a
        debt due to that person for goods supplied or services rendered by the
        person in the course of the person's business; or

   (g)  rents or dividends; or

   (h)  any employer superannuation contribution.