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LIV welcomes the Treasury and Finance Legislation Amendment Bill 2018

LIV welcomes the Treasury and Finance Legislation Amendment Bill 2018

By LIV Media


The Law Institute of Victoria has welcomed the introduction of the Treasury and Finance Legislation Amendment Bill 2018 and congratulated the state government for helping transport accident victims.

The Bill introduces amendments to the Transport Accident Act 1986 (TAA) to boost entitlements from the Transport Accident Commission (TAC) for Victorian road accident victims.

The LIV supports the changes which will extend TAC benefits to all cyclists injured in accidents with stationary or parked vehicles, an important step with the large increase in people riding to work and for recreation.

The LIV and the Australian Lawyers Alliance worked closely with the TAC during the consultation process and thanked the state government and the TAC for supporting a collaborative process that ultimately benefits transport accident victims.

Under current legislation, cyclists are only entitled to TAC support if they are involved in an incident with a moving vehicle, an open vehicle door or collide with a stationary vehicle on the way to or from work.

The proposed changes to the legislation will allow TAC benefits to be extended to any cyclist injured in all accidents with stationary or parked vehicles.

Importantly, the proposed changes will be made retrospective to 9 July 2014. This means any cyclist injured in these circumstances from 9 July 2014 will be able to lodge a claim and obtain the benefits under the proposed legislation. Previously they were prohibited from lodging a TAC claim.

The Bill expands various definitions to include apprentices as a “dependent child”, to include apprentices as a “surviving partner” and to include grandparents as a member of the “immediate family”. This will mean apprentices will be entitled to various benefits if a parent or spouse is killed in an accident, and grandparents will be entitled to receive travelling and accommodation expenses if visiting an injured family member in hospital or attending the person’s funeral together with family counselling expenses.

The Bill also relaxes the requirement on the TAC to reassess an injured person’s level of impairment every five years, if the person is entitled to receive ongoing loss of earning capacity benefits.

The Bill provides additional attendant care support to a person for up to four weeks per year if the person is travelling overseas for employment, providing invaluable support for severely injured workers.

Other changes will support parents or guardians who want to stay in hospital to be with injured children, helping them with payments for loss of wages. A professional administrator will be able to claim the expenses incurred in managing the funds paid to the administrator by the TAC on behalf of an injured person.  

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