Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 62

General provisions relating to the payment of compensation

62. General provisions relating to the payment of compensation



(1) In respect of the payment of compensation under this Part-

   (a)  regard shall not be had to any sum paid or payable-

   (i)  under any contract of assurance or insurance (including a contract
        made with any friendly or other benefit society or association or any
        trade union); or

   (ii) out of any relief, superannuation or sustenation fund or other fund
        (whether statutory or otherwise) of the like nature; and

   (b)  a child shall be deemed to be a dependant of the earner whether or not
        the child is also a dependant of a partner of the earner.



(2) For the purposes of sections 44, 45, 49 and 50, if an earner and his or
her partner are both entitled to compensation under this Act, a dependant of
both the earner and the partner-



   (a)  shall be deemed to be a dependant of either the earner or the partner
        but not both; and



   (b)  unless the earner and the partner otherwise request in writing, shall
        be deemed to be a dependant of the one of the earner and the partner
        whose pre-accident weekly earnings are the lower.

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