Version No. 157
Transport Accident Act 1986
No. 111 of 1986
Version incorporating amendments as at
6 August 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
4Pre-accident weekly earnings
4APre-accident weekly earnings—apprentices, trainees etc.
5Pre-accident weekly earnings—self-employed persons
6Loss of earnings
7Loss of earning capacity
8Objects of Act
9Act to bind the Crown
Part 2—The Transport Accident Commission
10Transport Accident Commission
10ATAC no longer a reorganising body
11Objectives of the Commission
12Functions of the Commission
13Powers of the Commission
14Accountability of the Commission
15Board of Management
16Terms and conditions of office of Director
17Acting Chairperson
18Acting Directors
19Validity of acts or decisions
20Proceedings of the Board
20AResolutions without meetings
21Disclosure of interests
22Delegation
23Commission may authorise persons or services
24Advisory committees
25Chief Executive Officer and other staff
26Fund management agents
27Transport Accident Fund
28Borrowing powers
29Budget
29ARepayment of capital
29BDividends
33Audit
Part 3—Compensation
Division 1—Application of Part
34Application of Part
Division 2—Entitlement to compensation
35Persons entitled to compensation
36Discretion of Commission to pay compensation
37Circumstances where Commission not liable to pay compensation
38Compensation in relation to accidents arising in the course of employment
38AASettlement between Commission and Victorian WorkCover Authority
38ACommission not liable where compensation payable under Accident Compensation Act 1985 or Workplace Injury Rehabilitation and Compensation Act 2013
39Circumstances in which a person is not entitled to compensation
40Circumstances in which certain compensation is not payable or is reduced
40AGeneral provisions
41Sport accidents excluded
41AUnregistered motor vehicle accidents on private land excluded
41BUninsured motor vehicle accidents on private land
42Entitlement to compensation outside Victoria
43Liability for losses in first five days etc.
Division 3—Benefits
44Total loss of earnings
45Partial loss of earnings
45AAInterim payments to self-employed person
45ABInterim payments to be reconciled with actual entitlements
45ACSeasonal earners may opt to receive loss of earnings payments on seasonal basis
45AAdvice of return to work
46Review of eligibility at 18 months
46ADegree of impairment
46AAChanges to methods of determining degree of impairment
46BAssessment of impairment
46CRounding of assessments of impairment
47Impairment benefit
48Impairment benefit where more than one accident involved
49Total loss of earning capacity
50Partial loss of earning capacity
50ALoss of earning capacity—after return to work
51Loss of earning capacity—non-earners
52Commission not liable where payments less than certain amount
53Cessation of loss of earnings payments
54Minors' additional benefits
54ASafety net income benefit for persons with severe injuries
55Review—after first 18 months
56Redemption of payments if less than certain amount
56ARedemption of impairment benefit annuity in respect of pre 16/12/2004 transport accidents
57Death benefit for surviving partner
58Surviving partner—periodical payments
59Surviving children
60Medical and like benefits
60APost hospital support payments
60BTravel allowance payment agreements
61Indexation
61AIndividual funding agreements
61BContents of individual funding agreements
61COther provisions concerning individual funding agreements
61DAgreements where person has a legal disability
62General provisions relating to the payment of compensation
Division 4—Professional administration costs
62AProfessional administration costs
Part 4—Claims procedure
Division 1—Application of Part
63Application of Part
Division 2—Claims under this Act
64Notice of accident
65Provisions applying to notice under section 64
66Payment of…