Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 61

Indexation

61. Indexation



(1) An amount in dollars, other than an amount to which subsection (2)
applies, referred to in section 43(1)(b) or this Division or calculated under
section 49(5) and the amount of a weekly payment under section 44 or 45 shall
be varied, in respect of the financial year beginning on 1 July 1987 and each
subsequent financial year, in accordance with the formula-

where-

A is the amount referred to in section 43(1)(b) or this Division or calculated
under section 49(5) or the amount of the weekly payment under section 44 or
45.

B is the latest average weekly earnings as at 15 June in the preceding
financial year of all employees for Victoria published by the Australian
Statistician in respect of the December quarter of that financial year.

C is the average weekly earnings of all employees for Victoria as at 15 June
in the year preceding the preceding financial year published by the Australian
Statistician in respect of the December quarter preceding that 15 June.

(2) An amount of $500 000, $686 840, $305 250, $144 500, $103 210, $99 220,
$61 940, $30 520, $5000, $120, $1500, $1660 or $1000 referred to in this
Division or Part 6 and the amount of a periodic payment under section 47(4)
shall be varied, in respect of the financial year beginning on 1 July 1987 and
each subsequent financial year, in accordance with the formula15-

where-

D is the amount referred to in this Division or Part 6 or the amount of the
periodic payment.

E is the all groups consumer price index for Melbourne as at 15 June in the
preceding financial year last published by the Australian Statistician in
respect of the December quarter of that financial year.

F is the all groups consumer price index for Melbourne as at 15 June in the
year preceding the preceding financial year published by the Australian
Statistician in respect of the December quarter preceding that 15 June.





(2A) An amount shown, or calculated in accordance with a formula set out in,
the table in section 47(2) must be varied, in respect of the financial year
beginning on 1 July 2005 and each subsequent financial year, in accordance
with the formula-

where-

D is the amount shown, or calculated in accordance with a formula set out in,
the table in section 47(2).

E is the all groups consumer price index for Melbourne as at 15 June in the
preceding financial year last published by the Australian Statistician in
respect of the December quarter of that financial year.

F is the all groups consumer price index for Melbourne as at 15 June in the
year preceding the preceding financial year published by the Australian
Statistician in respect of the December quarter preceding that 15 June.

(2B) An amount calculated in accordance with section 54A must be varied, in
respect of the financial year beginning on 1 July 2008 and each subsequent
financial year, in accordance with the formula-

where-
D is the amount calculated in accordance with section 54A.

E is the latest average weekly earnings of all employees for Victoria as at 15
June in the preceding financial year published by the Australian Statistician
in respect of the December quarter of that financial year.
F is the average weekly earnings of all employees for Victoria as at 15 June
in the year preceding the preceding financial year published by the Australian
Statistician in respect of the December quarter preceding that 15 June.

(2C) The amount of $965 referred to in section 54A(5)(a) must be varied, in
respect of the financial year beginning on 1 July 2008 and each subsequent
financial year, in accordance with the formula-

where-
D is the amount of $965 referred to in section 54A(5)(a).
E is the latest average weekly earnings of all employees for Victoria as at 15
June in the preceding financial year published by the Australian Statistician
in respect of the December quarter of that financial year.
F is the average weekly earnings of all employees for Victoria as at 15 June
in the year preceding the preceding financial year published by the Australian
Statistician in respect of the December quarter preceding that 15 June.



(2D) The amount of $5000 referred to in section 60(2A)(a) must be varied, in
respect of the financial year beginning on 1 July 2008 and each subsequent
financial year, in accordance with the formula-

where-
D is the amount of $5000 referred to in section 60(2A)(a).
E is the all groups consumer price index for Melbourne as at 15 June in the
preceding financial year last published by the Australian Statistician in
respect of the December quarter of that financial year.

F is the all groups consumer price index for Melbourne as at 15 June in the
year preceding the preceding financial year published by the Australian
Statistician in respect of the December quarter preceding that 15 June.

(3) If it is necessary for the purposes of this section to calculate an amount
that consists of or includes a fraction of a whole number, the amount shall be
deemed to have been calculated in accordance with this section if the
calculation is made-

   (a)  if the amount is less than $1000, to the nearest whole $1; or

   (b)  if the amount is $1000 or more, to the nearest whole $10.





(4) Where an amount is varied in accordance with this section-

   (a)  this Division (including this section) or Part 6 has effect as if a
        reference to the amount were a reference to the amount as so varied;
        and

   (b)  payments of compensation calculated with reference to the amount must
        be varied accordingly.

(5) An increase in the amount of a weekly payment under section 44 or 45 by
reason of this section takes effect even if it increases the amount of the
weekly payment to more than 100% of pre-accident weekly earnings, but does not
take effect to the extent (if any) to which it increases the amount of the
weekly payments to more than 100% of the current weekly earnings to which the
earner would be entitled if he or she were employed in the same position or
positions (if it or they can be identified) as he or she was employed in
immediately before the accident, or the time when the injury first manifested
itself.

Note Subsection (5), as substituted by section 5 of the Transport Accident
(Amendment) Act 2004, only applies to an earner who was injured in a transport
accident that occurs on or after the date of commencement of section 5-see
section 185.

(6) If the variation of an amount to which this section applies by operation
of this section has the effect of reducing the amount-

   (a)  the variation is deemed not to have taken effect, except for the
        purposes of the application of this subsection; and



   (b)  when the amount is varied and increased by operation of this section
        in respect of the next or a subsequent financial year that variation
        has effect as an increase only to the extent (if any) to which the
        amount of the increase exceeds the amount of the reduction in respect
        of a preceding financial year, or that part of such a reduction that
        has not been set off against a previous increase.

(7) The Governor in Council may, on the recommendation of the Commission, by
order published in the Government Gazette, declare that this section does not
apply to any amount referred to in section 43(1)(b) in respect of a specified
financial year.