Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 61D

Agreements where person has a legal disability

61D. Agreements where person has a legal disability



(1) This section applies if-

   (a)  the Commission is authorised to enter into an agreement with a person
        under this Act; and

   (b)  the injured person is under a legal disability that prevents the
        person from entering into agreements on his or her own behalf; and

   (c)  the agreement is signed by a person who is authorised by law to enter
        into the agreement on behalf of the injured person.

Examples Examples of authorised people may include a person who has been
appointed to be the injured person's guardian; a person who has been appointed
as the attorney of the injured person under a general or enduring power of
attorney; in the case of a minor, the injured person's parent.

(2) A reference in this Act to the injured person includes a reference to the
person who signed the agreement if the context requires or permits.

(3) The Commission may include in the agreement provisions dealing with what
is to happen if the person who signed the agreement ceases to be the injured
person's representative.

(4) The Commission may enter into a separate agreement with the injured
person's representative imposing obligations on the representative in relation
to the agreement with the injured person.