Transport Accident Act 1986 (Vic)
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 penalty
67Form of claim
67AAuthority to release information
68Time for making claim under Part 3
69Time for making claim under Division 1 of Part 10
70Decision on eligibility for compensation
71Medical examinations
72Interim payments
73Time of payment
74Cessation or review of liability to pay compensation in certain circumstances
75Overpayments
76Proof of entitlement
Division 2A—Private health insurers and administrators
76ACommission may reimburse private health insurer
76BCommission may pay professional administration costs to administrator
Division 3—Reviews
77Application to Tribunal
78Commission to reconsider decision
79Costs
80Commission may vary decision
82Application of Division
Part 5—Trailers
84Definitions
85Survival of actions
86Insurance in respect of trailers
87Rights to recover against Commission
88Provision where owner etc. of trailer cannot be found
89Apportionment of costs
90Notice of accidents etc.
91Persons in charge of trailers
92Agreements by next friends etc.
Part 6—Legal rights outside this Act
Division 1—Damages in respect of death or serious injury
93Actions for damages
93AAbolition of per quod servitium amisit
93DDirections
Division 2—Indemnity by Commission
94Indemnity
94ASettlement between Commission and Victorian WorkCover Authority
95Survival of actions
96Transport accidents involving unidentified or unindemnified vehicles
98Apportionment of costs
99Indemnified person to give notice
100Driver of motor vehicle etc. and other persons to give notice of accidents
102Unauthorized or intoxicated drivers
103Agreements by next friends etc.
Division 3—General
104Indemnity by third party
105Amounts to be repaid to Commission where damages recovered
106Contributory negligence
107Commission may take proceedings
107ACompensation for pain and suffering
Part 7—Transport accident charges
109Transport accident charge
110Rates of charges
111Interstate vehicles
112Motor vehicles under control of manufacturers
115Agreements in respect of the operation of trains or trams
Part 8—Offences and proceedings
116Fraud
117False information
117ARefunding money to Commission
117BObtaining benefits that are not payable
117CFailure to pay full amount of transport accident charge
118Obstructing officers
119General penalty
120Commencement of prosecutions
Part 9—General
121Agreements with providers of ambulance services, hospital services or road accident rescue services
123AService provider not Commission employee
124Statement of Commission prima facie evidence of certain matters
124ACertificate of Commission
125Payment after death of person entitled
126Assignment and attachment
126AApplication of legal professional privilege and client legal privilege
126BUse of documents relating to claims
126CDisclosure of information collected or received by the Secretary to the Department
127Access to police and other records
127APowers of inspection
127BOffence to obstruct inspection
128Signature
129Service of documents by Commission
130Service of documents on Commission
131Secrecy provision
131ACommission may refer misconduct etc. to appropriate body and suspend payment
132Regulations
132ATransitional provisions
132BSupreme Court-limitation of jurisdiction
132CSupreme Court—limitation of jurisdiction
132DSupreme Court—limitation of jurisdiction
Part 10—Accidents before commencement of section 34
Division 1—Motor accident benefits
133Application of Division
134Definitions
135Compensation under this Division
136Payment to persons not resident in Victoria
137Payments where other compensation applies
138Payments where person entitled to accident compensation
139Commission not liable for payments in certain circumstances
140No requirement to pay if claim less than $60
141Compensation for deprivation or impairment of earning capacity
142Payment to dependent partner
143Payment to dependent child
144Amount payable to be reduced in certain cases
145Payments in respect of expenses other than loss of income
146Discretion of Commission where applicant not resident in Victoria
147Payment of costs and expenses
148Payments due at time of death
149Payment in event of death
150Proceedings for damages
Division 2—Third party insurance
151Application of Division
152Definitions
153Right of judgment creditor to recover from insurer
154Provision for case where owner or driver cannot be found
155Provision for case where identity of car cannot be ascertained
156Special provisions in relation to uninsured motor cars
157Where owner or driver of uninsured motor car cannot be found
158Appointment of Incorporated Nominal Defendant as Administrator ad litem
159Notice of certain accidents affecting uninsured motor cars
160Power to substitute person for nominal defendant
161Apportionment of costs
162Owner to give authorized insurer notice of accidents
163Notice by driver
164Authorized insurer empowered to settle claims etc.
165Rights against unauthorized or intoxicated drivers
166Provision for action to recover certain amounts
167Provision for stay of proceedings
168Agreements by next friends etc.
169Agreements negativing provisions of Division to be void
170Offences
171Regulations
Division 3—Awarding of damages
172Application
173Discount rate applicable to certain awards of damages
174Maximum amount of damages for provision of certain services
175Payment of interest
Part 11—Savings and transitional provisions—amending Acts
Division 1—Transport Accident (Amendment) Act 1998
176Definition of amending Act
177Section 46A (Degree of impairment)
Division 2—Accident Compensation and Transport Accident Acts (Amendment) Act 2003
178Definitions
179Section 3 (Definition of medical service)
180Section 46C (Rounding of assessments of impairment)
181Section 60 (Medical and like benefits)
182Section 70 (Decision on eligibility for compensation)
Division 3—Transport Accident (Amendment) Act 2004
183Definitions
184Changes that apply to all claims
185Sections 4 and 4A (Pre-accident weekly earnings)
186Sections 45AA and 45AB (Interim payments to self‑employed person)
187Section 45AC (Loss of earnings payments to seasonal earners)
188Section 46A (Degree of impairment)
189Section 47 (Impairment benefits)
190Section 47(3A) (Interim payment of lump sum impairment benefits)
191Section 48—Savings provisions concerning impairment benefits paid as an annuity
192Application of amendments to section 60
Division 4—Transport Accident and Accident Compensation Acts Amendment Act 2007
193Changes that apply to all claims
194Changes that only apply to claims made on or after the commencement date
195Application of amendments to section 6
Division 5—Compensation and Superannuation Legislation Amendment Act 2008
196Sections 46A (Degree of impairment) and 47 (Impairment benefit)
197Section 93 (Actions for damages)
198Section 104 (Indemnity by third party)
Division 6—Transport Accident and Accident Compensation Legislation Amendment Act 2010
199Definitions
200Section 39 (No entitlement to compensation)
201Section 40 (Compensation not payable)
202Section 46A (Degree of impairment)
203Section 60 (Medical and like benefits)
204Section 68 (Time for making claims)
205Section 93 (Actions for damages)
Division 7—Transport Accident Amendment Act 2013
206Definitions
207Amendments relating to the extension of time for making a dependency claim for dependents under 18
208Amendments relating to inclusion of occupational therapy as medical services
209Amendment relating to the definition of transportation costs
210Amendment relating to incidents involving train, tram or bus doors
211Amendment of section 39 (corresponding law)
212Amendments of section 42 (definitions of law of a place outside Victoria and proceedings outside Victoria)
213Amendments regarding person making a claim in their own right for common law damages for injury
214Amendment of section 46A (accident-related impairment)
215Amendment of section 46A (diminution of hearing)
216Amendment of section 60 (vocational rehabilitation services)
217Amendment of section 60 (increase of family counselling cap)
218Amendment of section 60 (funeral, burial and cremation expenses)
219Amendment of section 60 (extension of period to claim for travel expenses to 24 weeks)
220Amendment of section 60 (travel expenses)
221Amendments relating to reimbursement of medical reports
222Amendment of section 61A (individual funding agreements)
223Amendment of section 74 (cessation or review of liability to pay compensation in certain circumstances)
224Amendment to section 93 (common law damages claims for mental injury due to injury or death of tortfeasor)
225Serious injury applications
226Amendment of section 120 (increasing the time limit for certain criminal prosecutions)
Division 8—Transport Accident Amendment Act 2016
227Definition
227AAmendment of section 61 (Indexation)
227BRepeal of section 93(2A)
227CRepeal of section 93(17A)
Division 9—Courts Legislation Miscellaneous Amendments Act 2014
228Application to Tribunal
Division 10—Compensation Legislation Amendment Act 2016
229Amendment of section 46A (Degree of impairment)
230Amendment of section 60 (medical and like benefits—travel and accommodation expenses for attending funeral)
Division 11—Compensation Legislation Amendment Act 2018
231Amendment of section 43 (medical excess)
Division 12—Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017
232Amendment of section 109 (transport accident charge)
Division 13—Treasury and Finance Legislation Amendment Act 2018
233Amendment of section
Division 14—Road Safety Legislation Amendment Act 2022
234Commencement of prosecutions
Schedules
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 157
Transport Accident Act 1986
No. 111 of 1986
Version incorporating amendments as at
6 August 2025
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1Purpose
The purpose of this Act is to establish a scheme of compensation in respect of persons who are injured or die as a result of transport accidents.
2Commencement
(1)Sections 1, 2, 3, 152 and 179(5) and Division 3 of Part 10 come into operation on the day on which this Act receives the Royal Assent and the remaining provisions of this Act, except section 181, come into operation on a day or days to be proclaimed.
(2)Section 181 shall be deemed to have come into operation on 20 May 1986.
3Definitions
(1)In this Act—
administration order
has the same meaning
as it has in the Guardianship and Administration Act 2019;
administrator has the same meaning as it has in the Guardianship and Administration Act 2019;
ambulance service means the conveying in Australia of a person by any reasonable means—
(a)for the purpose of receiving medical services or hospital services; or
(b)to the person's place of residence after receiving medical services or hospital services;
apprenticemeans a person who is an apprentice within the meaning of the Education and Training Reform Act 2006;
child in relation to a person includes a child of the person or the person's partner or an adopted child of the person or of the person's partner but does not include a child of that person or of the person's partner adopted by another person or persons;
Commission means the Transport Accident Commission established under this Act;
decision includes declaration, determination, direction or order;
* * * * *
Department means the Department of Transport and Planning;
dependant in relation to a person who is injured or dies means a person who would, but for the injury or death of the first-mentioned person, be wholly, mainly or in part dependent on that person for economic support;
dependent child in relation to a person means a child of that person who, as at the time of death or injury of that person—
(a)is under the age of 18 years; or
(b)has attained the age of 18 years but is under the age of 25 years and is a full‑time student or an apprentice—
and would, but for the injury or death of that person, be wholly, mainly or in part dependent on that person for economic support but does not include a child who has a spouse or domestic partner;
dependent partner in relation to a person means the person's partner, if the partner would but for injury or death of that person—
(a)be wholly, mainly or in part dependent on that person for economic support; or
(b)be wholly dependant on the person for the care of the children of the partner or of that person;
disability service means the provision to or for a person who is disabled as a result of an injury in a transport accident of any service (other than a rehabilitation service or a hospital service) relating to attendant care, assistance, accommodation support, community access, respite care or household help, the provision of which service is an authorised service in accordance with section 23;
domestic partner of a person means—
(a)a person who is in a registered domestic relationship with the person; or
(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
driver in relation to a motor car or motor vehicle, includes a person who is in charge of the motor car or motor vehicle;
earner means an earner within the meaning of subsection (2) and, in sections 57 and 58, includes a person who[1]—
(a)receives or received the newstart allowance, the job search allowance or the sickness allowance under the Commonwealth Social Security Act 1991; or
(b)receives or received any benefit or allowance under the Commonwealth Social Security Act 1991 which is prescribed for the purposes of this definition—
* * * * *
during a period or periods equal to at least 26 weeks during the 2 years immediately preceding the transport accident;
employer superannuation contribution has the same meaning as it has in section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013;
financial year means the period of 12 months commencing on each 1 July and includes the period commencing on the day on which Part 2 comes into operation and ending on 30 June next after that day;
Fund means the Transport Accident Fund;
highway has the same meaning as in section 3(1) of the Road Safety Act 1986;
hospital means—
(a)a public hospital, denominational hospital, private hospital or day procedure centre within the meaning of the Health Services Act 1988; or
(b)a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022; or
(c)a hospital within the meaning of a law of another State or of a Territory; or
(d)a place within Australia declared by Order of the Governor in Council to be a hospital for the purposes of this Act;
hospital service includes—
(a)maintenance, attendance and treatment in any hospital; and
(b)the provision by any hospital of—
(i)medical attendance and treatment; and
(ii)nursing attendance; and
(iii)medicines, medical, surgical and other curative materials, appliances or apparatus; and
(iv)any other usual or necessary services provided by a hospital with respect to the treatment of the injury of a person;
individual funding agreement means an agreement made under section 61A;
injury, except in Part 10, means physical or mental injury and includes nervous shock suffered by a person who was directly involved in the transport accident or who witnessed the transport accident or the immediate aftermath of the transport accident;
manage, in relation to a railway or tramway, means responsible for providing access to railway trains or trams to operate on the railway or tramway;
medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) and, in relation to anything done for the purposes of this Act in a place outside Victoria, includes a medical practitioner who is lawfully qualified under a law in force in that place to do that thing;
medical service, except in Part 10, includes—
(a)attendance, examination or treatment of any kind by a medical practitioner, registered dentist, registered optometrist, registered physiotherapist, registered chiropractor and osteopath or registered podiatrist; and
(aa)attendance, examination or treatment by a registered occupational therapist, where that attendance, examination or treatment is authorised in accordance with section 23; and
(b)attendance, examination or treatment of any kind by a registered psychologist on referral from a medical practitioner; and
(ba)the provision of acupuncture by a person—
(i)registered as a Chinese medicine practitioner in the Division of Acupuncturists under the Health Practitioner Regulation National Law; or
(ii)whose registration is endorsed under section 97 of the Health Practitioner Regulation National Law as being qualified to practise as an acupuncturist; and
(c)the provision, and as may be necessary from time to time (including at the time of an injury) the repair, adjustment or replacement of skiagrams, artificial members, eyes or teeth, spectacle glasses, hearing aids, orthoses or mobility aides; and
(d)the provision by a registered pharmacist on the request of a medical practitioner or registered dentist of medicines or curative apparatus, appliances or materials; and
(e)the provision by a medical practitioner, registered dentist, registered optometrist, registered physiotherapist, registered chiropractor, registered osteopath or registered podiatrist of any certificate required by the person, the person's dependants or the Commission for any purpose relating to the operation of this Act or any report authorised by the Commission; and
(f)the provision, at the request of a medical practitioner, hospital or provider of a hospital service, of special food or a special food formula; and
(g)the provision, at the request of a medical practitioner, of room temperature control equipment for a person who is unable to adequately regulate his or her own body temperature; and
(h)the provision, at the request of a medical practitioner, of equipment intended to treat or stabilize any injury or condition resulting from a transport accident;
Examples
Examples of equipment referred to in paragraph (h) include life support equipment, ventilators and special lighting.
(i)the provision of anything needed to operate, run, maintain or repair any equipment referred to in paragraph (g) or (h);
Examples
Examples of things referred to in paragraph (i) include electricity, water, lubricating oil and replacement filters and batteries.
Note
Paragraphs (f) to (i) only apply to services provided on or after the date of commencement of section 26 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003—see section 179.
member of the immediate family of a person means a partner, parent, grandparent, child, grandchild or sibling of the person;
midwife means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b)in the register of midwives kept for that profession;
minor means a person who—
(a)has not attained the age of 18 years; and
(b)is not an earner;
mobility aides include crutches, wheelchairs and mobility scooters, but does not include motor vehicles;
motor car means—
(a)a motor car within the meaning of the Motor Car Act 1958; and
(b)except in Part 10, a recreation vehicle;
motor vehicle means a motor vehicle within the meaning of section 3(1) of the Road Safety Act 1986;
nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);
nursing service means a nursing or midwifery service rendered by a nurse or midwife, otherwise than at a hospital or as a member of the nursing staff of a hospital;
* * * * *
* * * * *
owner—
(a)in relation to a motor car, has the same meaning as in the Motor Car Act 1958;
(b)in relation to a motor vehicle, has the same meaning as in section 3(1) of the Road Safety Act 1986;
partner means—
(a)in relation to a person who died before the commencement of section 4 of the Statute Law Amendment (Relationships) Act 2001—
(i)the spouse of the person at the time of death; or
(ii)a person of the opposite sex who, though not married to the person, lived with the person at the time of death on a permanent and bona fide domestic basis;
(b)in relation to a person who was injured as a result of a transport accident that occurred before the commencement of section 4 of the Statute Law Amendment (Relationships) Act 2001 but who did not die before that commencement—
(i)for the purposes of section 62—
(A)the spouse of the person; or
(B)a person of the opposite sex who, though not married to the person, lives with the person on a permanent and bona fide domestic basis;
(ii)for the other purposes of the Act—the spouse or domestic partner of the person;
(c)in relation to any other person—the spouse or domestic partner of the person;
pension age means the age at which a person becomes eligible (subject to satisfying any other requirements) to an age pension under the Commonwealth Social Security Act 1991;
police officer has the same meaning as in the Victoria Police Act 2013;
post acute support means the provision of assistance to, or for, a person who requires support in personal care, mobility, transfers, banking or shopping after being discharged from a hospital;
primary care-giver means a person who provides care and attention to another person on a daily basis for a total of at least 20 hours a week;
private health insurer has the same meaning as in the Private Health Insurance Act 2007 of the Commonwealth;
railway train means a railway locomotive, railway carriage or other railway rolling stock but does not include any of those things that—
(a)form part of powered equipment operated for hire or reward; and
(b)provide entertainment or amusement through movement of the equipment, or part of the equipment, or when passengers travel on, around or along the equipment;
reasonable, in respect of costs, expenses or fees of a service or provision means reasonable having regard to—
(a)costs, expenses or fees determined by the Commission as a reasonable amount in relation to that service or provision; and
(b)the amount (if any) specified in, or an amount determined in accordance with a method specified in, an Order of the Governor in Council made on the recommendation of the Commission and published in the Government Gazette, as the maximum amount of costs, expenses or fees payable in respect of that service or provision, which maximum amount must not be less than the amount of the fee specified in a Table within the meaning of the Health Insurance Act 1973 of the Commonwealth applicable in respect of a service or provision of that kind provided in Victoria; and
(c)the determination by the Commission of reasonable costs or expenses of, or fees for, the service or provision having regard to—
(i)the service or provision actually rendered; and
(ii)the necessity of the service or provision, or of the incurring of the expense, in the circumstances;
recreation vehicle—
(a)for the purposes of Part 10, has the same meaning as in section 86 of the Transport (Compliance and Miscellaneous) Act 1983; and
(b)otherwise, means a motor cycle that is of a class of motor cycle eligible to be registered under the Road Safety Act 1986 for a fee that is lower than the registration fee for other classes of motor cycle;
* * * * *
registered motor vehicle means—
(a)a motor vehicle that is registered in accordance with the Road Safety Act 1986; or
(b)a motor vehicle that is not so registered and is not registered under the law of another State or Territory but is usually kept in Victoria and is not exempt from registration in accordance with Part 2 of the RoadSafety Act 1986 or the regulations made under that Act; or
(ba)a motor vehicle that is not so registered because it is exempt from registration in accordance with Part 2 of the Road Safety Act 1986 or the regulations made under that Act as a visiting overseas motor vehicle; or
(c)a motor vehicle in respect of which a registration permit granted in accordance with the regulations made under that Act is in force; or
* * * * *
(e)a motor vehicle registered with a Registration Authority in Victoria under the Interstate Road Transport Act 1985 of the Commonwealth or, if that Act is amended, that Act as amended and in force for the time being;
registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);
rehabilitation service means the provision to or for a person for the purpose of rehabilitation of any aid, treatment, counselling, appliance, apparatus or other service (other than a disability service or a hospital service), the provision of which is an authorised service in accordance with section 23;
RTOhas the same meaning as it has in the Education and Training Reform Act 2006;
school has the same meaning as it has in the Education and Training Reform Act 2006;
Secretary means Secretary to the Department;
self-insurer has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013;
severe injury, except in Part 6, means—
(a)a significant acquired brain injury, paraplegia, quadriplegia, amputation of a limb, or burns to more than 50% of the body; or
(b)any other injury specified by the regulations for the purposes of this definition;
spouse in relation to a person means a person to whom the person is married;
supported accommodation means—
(a)a residential facility in which residential care is provided under the Aged Care Act 1997 of the Commonwealth;
(b)a supported residential service within the meaning of section 214 of the Social Services Regulation Act 2021;
(c)an SDA dwelling within the meaning of the Residential Tenancies Act 1997;
(d)a group home or other residential facility approved by the Commission for the purposes of section 60;
supported employment program means a program designed to promote and enhance the independence of a person with a severe injury by assisting the person's return to paid employment where the person needs ongoing support to obtain, or to perform and retain, that employment;
surviving partner of a person who dies as a result of a transport accident, means a dependent partner of the person;
TAFEinstitute has the same meaning as it has in the Education and Training Reform Act 2006;
Territory means a Territory referred to in section 122 of the Constitution of the Commonwealth;
tram includes tram-motor and tram-car;
transport accident means an incident directly caused by the driving of a motor car or motor vehicle, a railway train or a tram[2];
transportation costs means costs incurred travelling to or from—
(a)a rehabilitation service; or
(b)an approved program of disability services the provision of which is authorised in accordance with section 23; or
(c)a vocational rehabilitation service; or
(d)a school, university, TAFE institute or RTO by a student, including transportation costs incurred by the student, or a parent or guardian of the student, in travelling to or from the school, university, TAFE institute or RTO where the student is unable to travel to or from the school, university, TAFE institute or RTO by his or her usual pre-transport accident means because of injury sustained by the student in the transport accident;
Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;
universityhas the same meaning as it has in the Education and Training Reform Act 2006;
vocational rehabilitation service means any of the following services provided by a person who is approved by the Commission as a provider of a vocational rehabilitation service—
(a)initial rehabilitation assessment;
(b)functional assessment;
(c)workplace assessment;
(d)job analysis;
(e)advice concerning job modification;
(f)vocational rehabilitation counselling;
(g)vocational assessment;
(h)advice or assistance concerning job‑seeking;
(i)vocational re-education;
(j)advice or assistance in arranging vocational re-education;
(k)return to work planning;
(l)the provision of aids, appliances, apparatus or other material likely to facilitate the return to work of a person after an injury;
(m)modification to a work station or equipment used by a person that is likely to facilitate the return to work of the person after an injury;
(n)any other service authorised by the Commission—
but does not include a disability service, a hospital service or a rehabilitation service;
worker has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013.
(1A)For the purposes of the definition of transport accident in section 3(1) an incident includes an incident[3]—
(a)involving a motor vehicle, a railway train or a tram which is out of control;
(b)involving a collision that occurred—
(i)between a pedal cycle and a stationary motor vehicle; or
(ii)between a pedal cycle and an open or opening door of a motor vehicle;
(c)involving a collision between a pedal cycle and a motor vehicle while the cyclist is travelling to or from his or her place of employment;
(d)involving the opening or closing of a door of a bus, tram or railway train.
* * * * *
(2)A person who is injured or dies in or as a result of a transport accident is an earner for the purposes of this Act if the person is at least 15 years of age or is exempt under section 2.1.5 of the Education and Training Reform Act 2006 from attendance at school and is a person in respect of whom a permit has been granted under section 16 of the Child Employment Act 2003 and—
(a)was in full-time or part-time employment as an employed or self-employed person—
(i)at any time during the eight weeks immediately preceding the accident; or
(ii)during a period or periods equal to at least 13 weeks during the year immediately preceding the accident; or
(iii)during a period or periods equal to at least 26 weeks during the two years immediately preceding the accident—
and, at the date of the accident, had not retired permanently from all employment; or
(b)before the accident, had entered into an arrangement (whether or not an enforceable contract)—
(i)with an employer or other person to undertake employment; or
(ii)to commence business as a self-employed person—
at a particular time and place; or
(c)was receiving a weekly payment or other payment in respect of the loss of earnings under this Act, the Accident Compensation Act 1985, the Workplace Injury Rehabilitation and Compensation Act 2013 or a law referred to in section 37(1).
(2A)The definition of injury as amended by section 3(3)(b) of the Transport Accident (Amendment) Act 2000 applies to and in respect of a transport accident which occurs on or after the commencement of that section.
(3)In this Act—
(a)a reference to an injury or death (not being a reference to the death of a dependent partner or dependent child of a deceased person) is a reference to an injury or death, as the case may be, caused by a transport accident[4]; and
(b)a reference to a person who is injured or dies (not being a reference to a dependent partner or dependent child of a deceased person) is a reference to a person who sustains injuries that were, or whose death was, as the case may be, caused by a transport accident[5]; and
(c)a reference to an injury or death in or as a result of or resulting from a transport accident, or to a person who is injured or dies in or as a result of a transport accident, is a reference to an injury or death directly caused by the driving of a motor vehicle, a railway train or a tram or to a person who sustains injuries that were, or whose death was, directly caused by the driving of a motor vehicle, a railway train or a tram[6].
(4)If an injury resulting from a transport accident does not manifest itself at the time of the accident, a reference in this Act to 18 months after the accident is a reference to 18 months after the injury first manifests itself.
(5)For the purposes of this Act—
(a)a reference to damages includes a reference to an amount paid under a compromise or settlement of a claim for damages and, except in section 93, includes a reference to compensation and to an amount paid under a compromise or settlement of a claim for compensation, whether legal proceedings had been instituted or not but does not include a reference to an amount paid in respect of costs incurred in connexion with legal proceedings; and
(b)damages shall be deemed to have been recovered in respect of a person who is injured or dies when the amount of the damages is paid to or for the benefit of that person or the partner or child of that person; and
(c)a reference to a person who is injured or dies includes, if that person is dead, a reference to the legal personal representative of the person.
(6)For the purposes of the definition of domestic partner in subsection (1)—
(a)registered domestic relationship has the same meaning as in the Relationships Act 2008; and
(b)in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
(7)The Governor in Council may, by Order published in the Government Gazette, declare any motor vehicle or class of motor vehicles not to be a recreation vehicle or recreation vehicles for the purposes of this Act.
(8)The definition of transport accident as amended by section 4(1) of the Transport Accident (Amendment) Act 2000 applies to and in respect of any claim arising out of the transport accident which occurred on 7 February 1997 involving the pedal cycle of Mr Dale Sheppard as if the definition as amended by that section was in force when that transport accident occurred and this Act has effect accordingly.
(9)A reference to the payment of compensation to a person by the Commission in this Act includes a reference to any amount paid in advance in respect of compensation by the Commission to the person under an agreement authorised by this Act.
4Pre-accident weekly earnings
(1)In this Act, pre-accident weekly earnings, in relation to an earner (other than a self-employed person) who is injured as a result of a transport accident, means the weekly average of the gross earnings received by the earner as an earner during the 12 months immediately before the relevant day, unless subsection (2) applies.
(1A)In this section relevant day means the day of the accident or the day when the injury first manifested itself, whichever is the later day.
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(2)In the following cases, in this Act pre‑accident weekly earnings, in relation to an earner (other than a self-employed person) who is injured as a result of a transport accident, means—
(a)if, on the relevant day, the earner was earning continuously, but had not been earning continuously for at least 12 months, the weekly average of the gross earnings received by the earner as an earner during the period from when the earner started to earn continuously to immediately before the relevant day; or
(b)if subsection (3) applies, the weekly average of the gross earnings received by the earner as an earner during the period from when the change of circumstance referred to in that subsection occurred to immediately before the relevant day; or
(c)if the earner is an earner by reason of an arrangement to which section 3(2)(b) applies, the average weekly gross earnings that the earner could reasonably have been expected to earn, but for the injury, in employment under that arrangement.
Note
This section, as amended 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. Section 5 inserted subsections (1), (1A), (2), (2A) and (3).
(2A)For the purposes of this section, an earner earns continuously if he or she obtains earnings from permanent employment or from a source that, on the relevant day, was likely to continue for a period of at least 6 months to provide earnings to the earner on the same, or a similar, basis to the basis on which the earnings were being provided as at the relevant day.
(3)This subsection applies, if during the 12 months immediately before the relevant day, there was, as a result of any action taken by the earner, a significant change in his or her earnings circumstances that resulted in the earner regularly earning, or becoming entitled to earn, more on a weekly basis than he or she was earning before the change occurred.
Examples
Examples of a change of circumstances to which this subsection would apply include a change of job, a promotion, a move from part-time to full-time employment, or a pay increase arising from the achievement of performance standards. This subsection does not apply to a pay rise applying across an industry.
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(7)If an earner at the time of the accident was a full-time student, the earner's pre-accident weekly earnings for the purposes of this Act—
(a)until the time that the earner would have completed the course of studies in which the earner was a full-time student, shall be calculated in accordance with subsection (1); and
(b)as from the time that the earner would have completed the course of studies in which the earner was a full-time student, shall be the weekly earnings which the earner would have received upon being employed on the completion of the course of studies in which the earner was a full-time student.
(8)For the purposes of subsection (7), if at the time of the accident the earner is a full-time student at a secondary school, weekly earnings under subsection (7)(b) shall be calculated on the basis that the earner will successfully complete the final year of secondary school.
Note
See also section 45(5A).
4APre-accident weekly earnings—apprentices, trainees etc.
(1)This section applies if, at the time an earner was injured in a transport accident, he or she was—
(a)under the age of 21 years; or
(b)an apprentice; or
(c)employed under a contract of service under which he or she was expressly required to undergo any training, instruction or examination for the purpose of becoming qualified for the occupation to which the contract of service related—
and, under the terms of his or her employment, he or she was entitled to increments in earnings as the employment continued.
(2)Despite section 4, in respect of any week after the accident in which the earner is entitled to a payment under this Act the calculation of which depends on the amount of the earner's pre-accident weekly earnings, the payment is to be calculated on the basis that the earner's pre-accident weekly earnings are the weekly earnings that it is likely that he or she would have been entitled to in that week had the accident not occurred and had he or she continued in the employment.
Notes
1This section only applies to an earner who was injured in a transport accident that occurs on or after the date of commencement of section 6 of the Transport Accident (Amendment) Act 2004—see section 185.
2See also section 45(5A).
5Pre-accident weekly earnings—self-employed persons
In this Act, pre-accident weekly earnings in relation to an earner who is a self-employed person who is injured in or dies as a result of a transport accident means the amount assessed by the Commission having regard to the earnings of the person during the three years immediately preceding the accident, costs incurred by the person in obtaining the services of persons in connexion with the business on account of the earner's incapacity and any amounts the earner could have earned from any other occupation.
Note
See also section 45(5A).
6Loss 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.
7Loss of earning capacity
A reference in Part 3 to loss of earning capacity of a person as a result of an injury as a result of a transport accident is a reference to loss of the capacity to earn having regard to—
(a)the nature of the injury; and
(b)the degree of impairment; and
(c)the potential for rehabilitation and the person's ability to undertake rehabilitation; and
(d)the person's training, skills and experience; and
(e)the age of the person.
8Objects of Act
The objects of this Act are as follows—
(a)to reduce the cost to the Victorian community of compensation for transport accidents;
(b)to provide, in the most socially and economically appropriate manner, suitable and just compensation in respect of persons injured or who die as a result of transport accidents;
(c)to determine claims for compensation speedily and efficiently;
(d)to reduce the incidence of transport accidents;
(e)to provide suitable systems for the effective rehabilitation of persons injured as a result of transport accidents.
9Act to bind the Crown
This Act binds the Crown not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
PART 2—THE TRANSPORT ACCIDENT COMMISSION
10Transport Accident Commission
(1)There is established by this Act a Commission by the name of the Transport Accident Commission.
(2)The Commission—
(a)is a body corporate with perpetual succession; and
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(c)may sue and be sued in its corporate name; and
(d)is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions and exercising its powers; and
(e)is capable of doing and suffering all acts and things which bodies corporate may by law do and suffer and which are necessary or expedient for performing its functions and exercising its powers.
(3)A document is executed by the Commission if the document is signed by—
(a)2 Directors of the Board of Management of the Commission; or
(b)1 Director of the Board of Management of the Commission and the person who is designated by the Board of Management of the Commission to be the Secretary to the Board of Management of the Commission.
(4)A person may assume that a document has been duly executed by the Commission if the document appears to have been signed in accordance with subsection (3).
(5)All courts, judges and persons acting judicially must take judicial notice of the signatures on a document which appears to have been signed in accordance with subsection (3).
10ATAC no longer a reorganising body
(1)The Commission is by virtue of this section declared not to be a reorganising body.
(2)The Commission is a statutory corporation under this Act and is not subject to the State Owned Enterprises Act 1992.
(3)The Order of the Governor in Council made under section 7(1) of the State Owned Enterprises Act 1992 and published in the Government Gazette on 6 May 1993 is revoked.
(4)This section does not affect the validity, status, operation or effect of any act, matter or thing done by or under the Order revoked under subsection (3).
11Objectives of the Commission
The objectives of the Commission are as follows—
(a)to manage the transport accident compensation scheme as effectively, efficiently and economically as possible;
(b)to ensure that appropriate compensation is delivered in the most socially and economically appropriate manner and as expeditiously as possible;
(c)to ensure that the transport accident scheme emphasises accident prevention and effective rehabilitation;
(d)to develop such internal management structures and procedures as will enable it to perform its functions and exercise its powers effectively, efficiently and economically;
(e)to manage claims under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 as an authorised agent of the Victorian WorkCover Authority as effectively, efficiently and economically as possible;
(f)if appointed as an agent of a self-insurer under section 392 of the Workplace Injury Rehabilitation and Compensation Act 2013, to carry out the functions and powers of a self-insurer as effectively, efficiently and economically as possible.
12Functions of the Commission
(1)The functions of the Commission are the following—
(a)to administer the Transport Accident Fund;
(b)to receive and assess, and accept or reject, claims for compensation;
(c)to defend proceedings relating to claims for compensation;
(d)to pay compensation to persons entitled to compensation;
(e)to determine transport accident charges;
(f)to collect and recover transport accident charges;
(g)to provide advice in relation to the transport accident scheme;
(h)to provide funds for the program referred to in subsection (3) and for other rehabilitation programmes for persons injured in transport accidents;
(i)to collect and assess data and statistics in relation to transport accidents;
(j)to provide advice to the Minister in relation to matters specifically referred to the Commission by the Minister and generally in relation to the administration of this Act and the compensation scheme under this Act;
(ja)to commercially exploit knowledge and expertise in compensation schemes and scheme administration;
(jb)to act as an authorised agent under section 501 of the Workplace Injury Rehabilitation and Compensation Act 2013;
(jc)if appointed, to act as an agent of a self‑insurer under section 392(2) of the Workplace Injury Rehabilitation and Compensation Act 2013;
(k)to carry out such other functions conferred on the Commission by this or any other Act.
(2)In addition to its functions under subsection (1), it is the function of the Commission to promote the prevention of transport accidents and safety in use of transport.
(3)It shall be the duty of the Commission to design and promote, so far as possible, a program designed to secure the early and effective medical and vocational rehabilitation of persons injured as a result of transport accidents to whom or on behalf of whom the Commission is or may become liable to make any payment under this Act.
(4)A program designed under subsection (3) may include—
(a)the provision by the Commission or by any person or body on behalf of the Commission of rehabilitation services or disability services for persons injured as a result of transport accidents; and
(b)the assisting in obtaining of employment for persons injured as a result of transport accidents.
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13Powers of the Commission
(1)The Commission has power to do all things necessary or convenient to be done for or in connexion with the performance of its functions and to enable it to achieve its objectives.
(2)Without limiting or derogating from subsection (1), the Commission may enter into agreements or arrangements and settle or compromise differences or disputes with other persons.
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(4)Without limiting or derogating from subsection (1), the Commission has power—
(a)to apply for, obtain and hold intellectual property rights (including patents, copyrights, trade marks and registered designs); and
(b)to enter into agreements or arrangements for the commercial exploitation within or outside Victoria of those intellectual property rights and ancillary services on any terms or conditions as to royalties, lump sum payments or otherwise as the Commission may see fit; and
(c)to enter into agreements or arrangements within or outside Victoria for the provision by the Commission of administration, management or information systems or services.
(5)Without limiting or derogating from subsection (1), the Commission has power
to do all things necessary or convenient to be
done for or in connection with—
(a)acting as an authorised agent under section 501 of the Workplace Injury Rehabilitation and Compensation Act 2013; and
(b)acting as an agent of a self-insurer under section 392(2) of the Workplace Injury Rehabilitation and Compensation Act 2013.
14Accountability of the Commission
(1)The Commission must perform its functions and exercise its powers subject to—
(a)the general direction and control of the Minister; and
(b)any specific written directions given by the Minister in relation to a matter or class of matters specified in the directions; and
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(2)If the Commission is given a written direction, the Commission—
(a)may cause the direction to be published in the Government Gazette; and
(b)must publish the direction in its next annual report.
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15Board of Management
(1)There shall be a Board of Management of the Commission which—
(a)may exercise all the powers of the Commission; and
(b)must give general directions as to the performance of the Commission's functions and the achievement of its objectives; and
(c)must ensure that the Commission is managed and operated in an efficient and economic manner.
(2)The Board is to consist of not less than 4, and not more than 9, Directors appointed by the Governor in Council on the nomination of the Minister.
(b)the degree so determined is 30 per centum or more—
the injury is deemed to be a serious injury within the meaning of this section.
(4)If—
S. 93(4)(a) substituted by No. 32/1988 s. 21(1)(c).
(a)under section 46A, 47(7) or 47(7A), the Commission has determined the degree of impairment of a person who is injured as a result of a transport accident; and
S. 93(4)(b) substituted by No. 32/1988 s. 21(1)(c).
(b)the degree so determined is less than 30 per centum—
the person may not bring proceedings for the recovery of damages in respect of the injury unless—
(c)the Commission—
(i)is satisfied that the injury is a serious injury; and
(ii)issues to the person a certificate in writing consenting to the bringing of the proceedings; or
(d)a court, on the application of the person, gives leave to bring the proceedings.
S. 93(5) substituted by No. 57/1989 s. 3(Sch. item 203.1).
(5)A copy of an application under subsection (4)(d) must be served on the Commission and on each person against whom the applicant claims to have a cause of action.
(6)A court must not give leave under subsection (4)(d) unless it is satisfied that the injury is a serious injury.
(7)A court must not, in proceedings in accordance with subsections (2), (3) and (4), award to a person in respect of an injury—
(a)pecuniary loss damages—
(i)if the total pecuniary loss damages assessed, before any reduction in respect of the person's responsibility for the injury, is less than $20 000; or
(ii)in excess of $450 000; or
(b)pain and suffering damages—
(i)if the total pain and suffering damages assessed, before any reduction in respect of the person's responsibility for the injury, is less than $20 000; or
(ii)in excess of $200 000; or
(c)damages of any other kind.
(8)A person may recover damages under Part III of the Wrongs Act 1958 in respect of the death of a person as a result of a transport accident.
(9)A court must not, in proceedings under Part III of the Wrongs Act 1958 award damages in accordance with subsection (8) in respect of the death of a person in excess of $500 000.
(10)Damages awarded to a person under this section shall not include damages in respect of—
(a)in the case of an award of pecuniary loss damages under subsection (7), any pecuniary loss suffered before the entitlement of the person to compensation under this Act was reviewed under section 46; or
(b)any loss suffered or that may be suffered as a result of the incurring of costs or expenses of a kind referred to in section 60; or
(c)the value of services of a domestic nature or services relating to nursing and attendance—
(i)which have been or are to be provided by another person to the person in whose favour the award is made; and
(ii)for which the person in whose favour the award is made has not paid and is not and will not be liable to pay.
(11)If damages are awarded in accordance with subsection (7) or (9) in respect of the injury or death of a person, the court shall order the payment to the Commission—
S. 93(11)(a) substituted by No. 32/1988 s. 21(1)(d).
(a)in the case of damages awarded under subsection (7)—
(i)in respect of pain and suffering damages, of such part of the damages as is equal to the sum of payments by the Commission under sections 47 and 48 in respect of the injury; or
(ii)in respect of pecuniary loss damages, of such part of the damages as is equal to the sum of payments by the Commission under sections 49, 50 and 51 in respect of the injury; or
(b)in the case of damages awarded in accordance with subsection (9), of such part of the damages as is equal to the sum of payments made by the Commission under this Act in respect of that death.
(12)Subject to the discretion of the court—
(a)in proceedings relating to an application for leave of the court under subsection (4)(d)—costs are to be awarded against a party against whom a decision is made; and
(b)in proceedings for the recovery of damages in accordance with this section—
(i)if no liability to pay damages is established, costs are to be awarded against the claimant; and
(ii)if damages are assessed but cannot be awarded under this section, each party bears its own costs; and
(iii)if damages are awarded, costs are to be awarded against the defendant.
(13)Where an award of damages in accordance with this section is to include compensation, assessed as a lump sum, in respect of damages for future loss which is referable to—
(a)deprivation or impairment of earning capacity; or
(b)loss of the expectation of financial support; or
(c)a liability to incur expenditure in the future—
the present value of the future loss must be qualified by adopting a discount rate of 6 per centum in order to make appropriate allowance for inflation, the income from investment of the sum awarded and the effect of taxation on that income.
(14)Except as provided by subsection (13), nothing in that subsection affects any other law relating to the discounting of sums awarded as damages.
(15)A court must not, in relation to an award of damages in accordance with this section, order the payment of interest, and no interest shall be payable, on an amount of damages, other than damages referable to loss actually suffered before the date of the award, in respect of the period from the date of the death of or injury to the person in respect of whom the award is made to date of the award.
(16)Except as provided by subsection (15), nothing in that subsection affects any other law relating to the payment of interest on an amount of damages, other than special damages.
(17)In this section—
pain and suffering damages means damages for pain and suffering, loss of amenities of life or loss of enjoyment of life;
pecuniary loss damages means damages for loss of earnings, loss of earning capacity, loss of value of services or any other pecuniary loss or damage;
serious injury means—
(a)serious long-term impairment or loss of a body function; or
(b)permanent serious disfigurement; or
(c)severe long-term mental or severe long-term behavioural disturbance or disorder; or
(d)loss of a foetus.
(18)Nothing in subsection (1)—
(a)affects a right to compensation under this Act or an Act or enactment referred to in section 37 or 38; or
S. 93(18)(b) amended by No. 32/1988 s. 21(2).
(b)applies to the recovery of damages in respect of a transport accident involving an organized motor vehicle race or speed trial or a test in preparation for such a race or trial by a person who, by reason of section 41, is not entitled to compensation in accordance with this Act in respect of that accident.
[12] S. 93(7): See note 1.
[13] S. 93(10)(a): See note 1.
[14] S. 93(11): See note 1.
[15] S. 93(11A)(b): See note 1.
[16] S. 93(12A): See note 1.
[17] S. 93(18)(b): See note 1.
[18] S. 93(18)(c): See note 1.
[19] S. 93D: Sections 93A to 93C were never part of this Act.
[20] Table of Amendments—Financial Management (Consequential Amendments) Act 1994, No. 31/1994: The proposed repeal of section 32 by section 4 (Schedule 2 item 92) of the Financial Management (Consequential Amendments) Act 1994, No. 31/1994 was not included in this publication due to its earlier repeal by section 8 of the Accident Compensation (Amendment) Act 1988.
[21] Table of Amendments—Equal Opportunity Act 1995, No. 42/1995: The proposed repeal of section 16(3)(c) and (4) by the Equal Opportunity Act 1995, No. 42/1995 was not included in this publication due to their earlier repeal by section 23(b) of the Transport Accident (General Amendment) Act 1994.
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