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Road Safety Legislation Amendment Act 2022 No. of 2022 TABLE OF PROVISIONS Clause Page Part 1--Preliminary 1 1 Purposes 1 2 Commencement 2 Part 2--Amendment of Road Safety Act 1986 3 3 New sections 80B to 80D inserted 3 4 General evidentiary provisions 5 5 New section 84AB inserted 6 6 Heading to Division 3 of Part 6B amended 6 7 New section 85IAA inserted 7 8 Immediate licence or permit suspension for certain offences resulting in injury or death 7 9 New section 85IA inserted 8 10 Period of suspension 9 11 Prohibition on use of information or documents in subsequent proceedings 9 12 Definitions for the purposes of Part 6C 10 13 Heading to Division 4 of Part 6C amended 10 14 Immediate disqualification for certain offences resulting in injury or death 10 15 New section 85ZHA inserted 11 16 Period of disqualification 12 17 Prohibition on use of information or documents in subsequent proceedings 13 18 Subject-matter for regulations--Schedule 2 amended 13 19 Statute law revision 13 Part 3--Amendment of Transport Accident Act 1986 14 20 Definitions 14 21 Pre-accident weekly earnings--insertion of note 14 22 Pre-accident weekly earnings--apprentices, trainees etc.-- insertion of new note 14 23 Pre-accident weekly earnings--self-employed persons-- insertion of note 14 24 Circumstances in which a person is not entitled to compensation 15 25 Total loss of earnings 15 i Clause Page 26 Partial loss of earnings 16 27 Total loss of earning capacity 16 28 Cessation of loss of earnings payments 16 29 Redemption of impairment benefit annuity in respect of pre 16/12/2004 transport accidents 16 30 Death benefit for surviving partner 17 31 Surviving partner--periodical payments 17 32 Surviving children 18 33 Indemnity 21 34 Transport accidents involving unidentified or unindemnified vehicles 23 35 Indemnified person to give notice 26 36 Driver of motor vehicle etc. and other persons to give notice of accidents 28 37 Commencement of prosecutions 29 38 Section 131 substituted 30 39 New Division 14 of Part 11 inserted 34 Part 4--Repeal of this Act 36 40 Repeal of this Act 36 ═════════════ Endnotes 37 1 General information 37 ii Road Safety Legislation Amendment Act 2022 No. of 2022 [Assented to ] The Parliament of Victoria enacts: Part 1--Preliminary 1 Purposes The main purposes of this Act are-- (a) to amend the Road Safety Act 1986 to make further provision in relation to-- (i) evidentiary matters relating to offences detected by road safety cameras; and 1 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 1--Preliminary (ii) the suspension of driver licences and learner permits and the disqualification of persons from obtaining a driver licence or learner permit; and (b) to amend the Transport Accident Act 1986-- (i) to make further provision in relation to the payment of benefits under that Act; and (ii) for miscellaneous purposes. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 March 2023, it comes into operation on that day. 2 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 2--Amendment of Road Safety Act 1986 Part 2--Amendment of Road Safety Act 1986 3 New sections 80B to 80D inserted After section 80A of the Road Safety Act 1986 insert-- "80B Certain matters related to portable devices indicated by prescribed road safety cameras are evidence (1) This section applies if, in a proceeding for an offence to which section 66 applies, the fact that the driver of a motor vehicle was, while the vehicle was moving or stationary but not parked, touching a portable device, or had a portable device resting on their body or on clothes being worn by them or on an item in their lap (the relevant fact), on any occasion (the relevant occasion) is relevant in the proceeding. (2) Evidence of the relevant fact as indicated or determined on the relevant occasion by-- (a) a prescribed road safety camera when used in the prescribed manner; or (b) an image or message produced by a prescribed road safety camera or a prescribed process, when used in the prescribed manner-- is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the relevant fact on the relevant occasion. (3) In this section-- park has the same meaning as in the Road Rules; portable device has the same meaning as in the Road Rules; 3 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 2--Amendment of Road Safety Act 1986 touching has the same meaning as in the Road Rules. 80C Certain matters related to wearing of driver seatbelt indicated by prescribed road safety cameras are evidence (1) This section applies if, in a proceeding for an offence to which section 66 applies, the fact that the driver of a motor vehicle was not, while the vehicle was moving or stationary but not parked, wearing the seatbelt for the driver's seating position in a properly adjusted and fastened manner (the relevant fact), on any occasion (the relevant occasion) is relevant in the proceeding. (2) Evidence of the relevant fact as indicated or determined on the relevant occasion by-- (a) a prescribed road safety camera when used in the prescribed manner; or (b) an image or message produced by a prescribed road safety camera or a prescribed process, when used in the prescribed manner-- is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the relevant fact on the relevant occasion. 80D Certain matters related to wearing of passenger seatbelt indicated by prescribed road safety cameras are evidence (1) This section applies if, in a proceeding for an offence to which section 66 applies, the fact that a passenger of a motor vehicle was not, while the vehicle was moving or stationary but not parked, wearing the seatbelt for the seating position the passenger was occupying in a properly adjusted and fastened manner 4 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 2--Amendment of Road Safety Act 1986 (the relevant fact), on any occasion (the relevant occasion) is relevant in the proceeding. (2) Evidence of the relevant fact as indicated or determined on the relevant occasion by-- (a) a prescribed road safety camera when used in the prescribed manner; or (b) an image or message produced by a prescribed road safety camera or a prescribed process, when used in the prescribed manner-- is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the relevant fact on the relevant occasion.". 4 General evidentiary provisions (1) In section 84(7) of the Road Safety Act 1986-- (a) in paragraph (b), for "manner--" substitute "manner; or"; (b) after paragraph (b) insert-- "(ba) an image or message produced by a prescribed road safety camera used to detect a portable device offence or seatbelt offence when tested, sealed and used in the prescribed manner--". (2) In section 84(8) of the Road Safety Act 1986-- (a) in the definition of authorised person, for "Secretary." substitute "Secretary;"; (b) insert the following definitions-- "portable device offence means an offence against the Road Rules that is prescribed for the purposes of this definition; 5 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 2--Amendment of Road Safety Act 1986 seatbelt offence means an offence against the Road Rules that is prescribed for the purposes of this definition.". 5 New section 84AB inserted After section 84A of the Road Safety Act 1986 insert-- "84AB Raising of matters relating to exemptions under Road Rules in camera detected seatbelt offence proceedings (1) An accused in a proceeding for a camera detected seatbelt offence who intends to raise a matter relating to an exemption under the Road Rules must give written notice of the matter to the Chief Commissioner of Police at least 28 days before the day on which the proceeding is set down for hearing. (2) A notice under subsection (1) must contain any matter that is prescribed. (3) In this section-- approved seatbelt has the same meaning as in the Road Rules; camera detected seatbelt offence means an offence under the Road Rules to which section 66 applies that is an offence involving the failure to wear an approved seatbelt.". 6 Heading to Division 3 of Part 6B amended In the heading to Division 3 of Part 6B of the Road Safety Act 1986, for "offences resulting in injury or death" substitute "other offences". 6 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 2--Amendment of Road Safety Act 1986 7 New section 85IAA inserted Before section 85I of the Road Safety Act 1986 insert-- "85IAA Definition In this Division-- senior police officer means a police officer who is of or above the rank of sergeant, as referred to in section 13(j) of the Victoria Police Act 2013.". 8 Immediate licence or permit suspension for certain offences resulting in injury or death (1) For section 85I(2)(a) of the Road Safety Act 1986 substitute-- "(a) the commission of the relevant offence by the person resulted in injury or death; and". (2) In section 85I(4) of the Road Safety Act 1986-- (a) for the definition of relevant offence substitute-- "relevant offence means-- (a) an offence of murder or attempted murder arising out of the driving of a motor vehicle; or (b) an offence of manslaughter arising out of the driving of a motor vehicle; or (c) an offence against section 15A, 15B, 16, 17 or 18 of the Crimes Act 1958 arising out of the driving of a motor vehicle; or (d) an offence against section 24 of the Crimes Act 1958 arising out of the driving of a motor vehicle; or 7 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 2--Amendment of Road Safety Act 1986 (e) an offence against section 318(1) of the Crimes Act 1958 arising out of the driving of a motor vehicle (other than the operating of a vessel); or (f) an offence against section 319(1) or (1A) of the Crimes Act 1958 arising out of the driving of a motor vehicle (other than the operating of a vessel)."; (b) the definition of senior police officer is repealed. 9 New section 85IA inserted After section 85I of the Road Safety Act 1986 insert-- "85IA Immediate licence or permit suspension for certain other offences (1) This section applies if a person (the accused) is charged by a police officer with-- (a) an offence against section 61(1)(a) or (b); or (b) an offence against any of the following provisions of the Crimes Act 1958-- (i) section 317AC; (ii) section 317AD; (iii) section 317AE; (iv) section 317AF; (v) section 319AA(1). (2) A senior police officer, by written notice, may suspend the driver licence or learner permit of the accused at any time on or after the charge-sheet is given to the accused until the charge has been determined. 8 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 2--Amendment of Road Safety Act 1986 (3) The senior police officer must not, under subsection (2), suspend the driver licence or learner permit of the accused unless the senior police officer is reasonably satisfied that-- (a) in the case where the accused has been charged with an offence against section 61(1)(a) or (b)-- (i) another person has died or suffered serious injury from the accident that occurred; and (ii) the accused is an unacceptable risk to road safety until the charge is determined; and (b) in the case where the accused has been charged with an offence against section 317AC, 317AD, 317AE, 317AF or 319AA(1) of the Crimes Act 1958-- the accused is an unacceptable risk to road safety until the charge is determined.". 10 Period of suspension In section 85J(1) of the Road Safety Act 1986, after "85I" insert "or 85IA". 11 Prohibition on use of information or documents in subsequent proceedings In section 85V of the Road Safety Act 1986, after "85I" insert "or 85IA". 9 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 2--Amendment of Road Safety Act 1986 12 Definitions for the purposes of Part 6C In section 85X of the Road Safety Act 1986 insert the following definition-- "senior police officer means a police officer who is of or above the rank of sergeant, as referred to in section 13(j) of the Victoria Police Act 2013;". 13 Heading to Division 4 of Part 6C amended In the heading to Division 4 of Part 6C of the Road Safety Act 1986, for "offences resulting in injury or death" substitute "other offences". 14 Immediate disqualification for certain offences resulting in injury or death (1) For section 85ZH(2)(a) of the Road Safety Act 1986 substitute-- "(a) the commission of the relevant offence by the person resulted in injury or death; and". (2) In section 85ZH(4) of the Road Safety Act 1986-- (a) for the definition of relevant offence substitute-- "relevant offence means-- (a) an offence of murder or attempted murder arising out of the driving of a motor vehicle; or (b) an offence of manslaughter arising out of the driving of a motor vehicle; or (c) an offence against section 15A, 15B, 16, 17 or 18 of the Crimes Act 1958 arising out of the driving of a motor vehicle; or 10 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 2--Amendment of Road Safety Act 1986 (d) an offence against section 24 of the Crimes Act 1958 arising out of the driving of a motor vehicle; or (e) an offence against section 318(1) of the Crimes Act 1958 arising out of the driving of a motor vehicle (other than the operating of a vessel); or (f) an offence against section 319(1) or (1A) of the Crimes Act 1958 arising out of the driving of a motor vehicle (other than the operating of a vessel)."; (b) the definition of senior police officer is repealed. 15 New section 85ZHA inserted After section 85ZH of the Road Safety Act 1986 insert-- "85ZHA Immediate disqualification for certain other offences (1) This section applies if a non-Victorian licence or permit holder or unlicensed driver (the accused) is charged by a police officer with-- (a) an offence against section 61(1)(a) or (b); or (b) an offence against any of the following provisions of the Crimes Act 1958-- (i) section 317AC; (ii) section 317AD; (iii) section 317AE; 11 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 2--Amendment of Road Safety Act 1986 (iv) section 317AF; (v) section 319AA(1). (2) A senior police officer, by written notice, may disqualify the accused from obtaining a driver licence or learner permit at any time on or after the charge-sheet is given to the accused until the charge has been determined. (3) The senior police officer must not, under subsection (2), disqualify the accused from obtaining a driver licence or learner permit unless the senior police officer is reasonably satisfied that-- (a) in the case where the accused has been charged with an offence against section 61(1)(a) or (b)-- (i) another person has died or suffered serious injury from the accident that occurred; and (ii) the accused is an unacceptable risk to road safety until the charge is determined; and (b) in the case where the accused has been charged with an offence against section 317AC, 317AD, 317AE, 317AF or 319AA(1) of the Crimes Act 1958-- the accused is an unacceptable risk to road safety until the charge is determined.". 16 Period of disqualification In section 85ZI(1) of the Road Safety Act 1986, after "85ZH" insert "or 85ZHA". 12 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 2--Amendment of Road Safety Act 1986 17 Prohibition on use of information or documents in subsequent proceedings In section 85ZT of the Road Safety Act 1986, after "85ZH" insert "or 85ZHA". 18 Subject-matter for regulations--Schedule 2 amended In Schedule 2 to the Road Safety Act 1986, in item 49C-- (a) after "stored," insert "disclosed, shared,"; (b) after "re-configured" insert ", destroyed"; (c) after "messages" (where secondly occurring) insert ", or used consistently with the Privacy and Data Protection Act 2014". 19 Statute law revision (1) In section 58C(2)(b)(ii) of the Road Safety Act 1986, for "319AA" substitute "319AA(1)". (2) In the heading to section 85E of the Road Safety Act 1986-- (a) for "whose" substitute "who has"; (b) omit "is". (3) In the heading to section 85ZD of the Road Safety Act 1986, for "whose" substitute "who has". (4) In the heading to section 85ZE of the Road Safety Act 1986, after "disqualification" insert "for". 13 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 Part 3--Amendment of Transport Accident Act 1986 20 Definitions (1) In section 3(1) of the Transport Accident Act 1986, in the definition of dependent child, for "16 years" (where twice occurring) substitute "18 years". (2) In section 3(1) of the Transport Accident Act 1986, in the definition of member of the immediate family, after "child" insert ", grandchild". 21 Pre-accident weekly earnings--insertion of note Insert the following note at the foot of section 4 of the Transport Accident Act 1986-- "Note See also section 45(5A).". 22 Pre-accident weekly earnings--apprentices, trainees etc.--insertion of new note For the note at the foot of section 4A of the Transport Accident Act 1986 substitute-- "Notes 1 This 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. 2 See also section 45(5A).". 23 Pre-accident weekly earnings--self-employed persons--insertion of note Insert the following note at the foot of section 5 of the Transport Accident Act 1986-- "Note See also section 45(5A).". 14 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 24 Circumstances in which a person is not entitled to compensation For section 39(3)(a) and (b) of the Transport Accident Act 1986 substitute-- "(a) is convicted of an offence of murder or manslaughter, or an offence against section 5A of the Crimes Act 1958, the commission of which involved the use of a motor vehicle; or (b) was driving a motor vehicle at the time of the transport accident and is convicted of an offence under section 318(1) or 319(1) of the Crimes Act 1958 or a corresponding law in respect of driving the motor vehicle at that time.". 25 Total loss of earnings After section 44(2)(a) of the Transport Accident Act 1986 insert-- "(ab) if the earner is receiving a weekly payment under this section in respect of loss of earnings suffered as a result of, or materially contributed to by, an injury resulting from a previous transport accident, 100% of that weekly payment; or (ac) if the earner is receiving a weekly payment under section 45 in respect of loss of earnings suffered as a result of, or materially contributed to by, an injury resulting from a previous transport accident, 80% of the earner's pre-accident weekly earnings immediately before the previous transport accident; or". 15 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 26 Partial loss of earnings After section 45(5) of the Transport Accident Act 1986 insert-- "(5A) For the purposes of this section and despite anything to the contrary in section 4, 4A or 5, the pre-accident weekly earnings for an earner who was, immediately before the transport accident, receiving a weekly payment under section 44 or this section in respect of loss of earnings suffered as a result of, or materially contributed to by, an injury resulting from a previous transport accident, are the pre-accident weekly earnings for the earner immediately before the previous transport accident.". 27 Total loss of earning capacity In section 49(5A) of the Transport Accident Act 1986, for "80 percent" substitute "100%". 28 Cessation of loss of earnings payments In section 53(1) of the Transport Accident Act 1986-- (a) for "12 months" (where first occurring) substitute "36 months"; (b) for "12 months or for periods that, in the aggregate, do not exceed 12 months" substitute "36 months after the injury first manifests itself". 29 Redemption of impairment benefit annuity in respect of pre 16/12/2004 transport accidents In section 56A(4) of the Transport Accident Act 1986, for "Transport Accident (Impairment) Regulations 2010" substitute "regulations (if any)". 16 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 30 Death benefit for surviving partner After section 57(5) of the Transport Accident Act 1986 insert-- "(6) The Commission is not liable to pay a death benefit under this section to a surviving partner or dependent child of a person who dies as a result of a transport accident (the deceased partner or parent) if the surviving partner or dependent child is convicted of-- (a) an offence of murder or manslaughter, the commission of which involved the killing of the deceased partner or parent and use of a motor vehicle; or (b) an offence under section 318(1) or 319(1) of the Crimes Act 1958 or a corresponding law in respect of driving a motor vehicle at that time that caused the death of the deceased partner or parent. (7) For the purposes of subsection (6), the Minister may, by Order published in the Government Gazette, declare a law of another State or a Territory, including a law that has been repealed or has expired, to be a corresponding law for the purposes of that subsection.". 31 Surviving partner--periodical payments (1) In section 58(6) of the Transport Accident Act 1986, in the definition of dependent child, in paragraph (b), for "16 years" (where twice occurring) substitute "18 years". 17 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 (2) After section 58(7) of the Transport Accident Act 1986 insert-- "(8) The Commission is not liable to make payments under this section to a surviving partner of an earner who dies as a result of a transport accident (the deceased partner) in respect of any period if the surviving partner is convicted of-- (a) an offence of murder or manslaughter, the commission of which involved the killing of the deceased partner and use of a motor vehicle; or (b) an offence under section 318(1) or 319(1) of the Crimes Act 1958 or a corresponding law in respect of driving a motor vehicle at that time that caused the death of the deceased partner. (9) For the purposes of subsection (8), the Minister may, by Order published in the Government Gazette, declare a law of another State or a Territory, including a law that has been repealed or has expired, to be a corresponding law for the purposes of that subsection.". 32 Surviving children (1) In section 59(3) of the Transport Accident Act 1986-- (a) in paragraph (a), for "16 years or, if the child is a full-time student, until the child attains the age of 18 years or ceases to be a full-time student, whichever first occurs" substitute "18 years"; 18 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 (b) for paragraph (b) substitute-- "(b) must be paid to the responsible person for the child for the benefit of the child until the child attains the age of 18 years.". (2) In section 59(4)(a) of the Transport Accident Act 1986-- (a) for "16" substitute "18 years of age"; (b) after "25" insert "years of age". (3) In section 59(6) of the Transport Accident Act 1986-- (a) in paragraph (a), for "16 years or, if the child is a full-time student, until the child attains the age of 18 years or ceases to be a full-time student, whichever first occurs" substitute "18 years"; (b) for paragraph (b) substitute-- "(b) must be paid to the responsible person for the child for the benefit of the child until the child attains the age of 18 years.". (4) After section 59(10) of the Transport Accident Act 1986 insert-- "(10A) The Commission is not liable to make any payment under this section to or for a dependent child of a person who dies as a result of a transport accident (the deceased parent) if the dependent child is convicted of-- (a) an offence of murder or manslaughter, the commission of which involved the killing of the deceased parent and use of a motor vehicle; or 19 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 (b) an offence under section 318(1) or 319(1) of the Crimes Act 1958 or a corresponding law in respect of driving a motor vehicle at that time that caused the death of the deceased parent. (10B) For the purposes of subsection (8), the Minister may, by Order published in the Government Gazette, declare a law of another State or a Territory, including a law that has been repealed or has expired, to be a corresponding law for the purposes of that subsection.". (5) For section 59(11) of the Transport Accident Act 1986 substitute-- "(11) To avoid doubt, if both parents of a child die as a result of the same transport accident, the Commission is liable to pay amounts in accordance with this section as if each parent died as a result of a different transport accident.". (6) After section 59(14) of the Transport Accident Act 1986 insert-- "(15) A responsible person for a child must without delay notify the Commission of when they stopped having care of a child. (16) A person who becomes a responsible person for a child must without delay notify the Commission of when they became the responsible person for the child. (17) In this section-- care, in relation to a child, means the daily care and control of the child, whether or not involving parental responsibility for the child; 20 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 parental responsibility, for a child, means all the duties, powers, responsibilities and authority which, by law or custom, parents have in relation to children; responsible person, for a child, means a person who has care of the child.". 33 Indemnity (1) In section 94(1)(b) of the Transport Accident Act 1986, for "Victoria--" substitute "Victoria; and". (2) After section 94(1)(b) of the Transport Accident Act 1986 insert-- "(c) any person in respect of any liability for an injury or death of a pedal cyclist caused by or arising out of a collision in Victoria between a pedal cycle being ridden by the pedal cyclist and a door of a registered motor vehicle being opened, or that has been opened, by the person--". (3) In section 94(2)(c) of the Transport Accident Act 1986, for "the owner or driver of a registered motor vehicle or the operator, owner or driver of a railway train or tram or the manager of the railway or tramway on which a railway train or tram is operated," substitute "an indemnified person". (4) In section 94(3) of the Transport Accident Act 1986-- (a) for "the owner or driver" (where first occurring) substitute "an indemnified person"; (b) for "the owner or driver" (where secondly occurring) substitute "the indemnified person". 21 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 (5) In section 94(5)(a) of the Transport Accident Act 1986, for "the owner or driver" substitute "an indemnified person". (6) In section 94(6)(a) and (b) of the Transport Accident Act 1986, for "owner or driver" substitute "indemnified person". (7) In section 94(7) of the Transport Accident Act 1986-- (a) for "owner or driver in respect of which the Commission is liable under this section to indemnify the owner or driver and the owner or driver" substitute "indemnified person and the indemnified person"; (b) for "owner or driver" substitute "indemnified person". (8) In section 94(7A) of the Transport Accident Act 1986, for "owner or driver" substitute "indemnified person". (9) In section 94(8) of the Transport Accident Act 1986, for "owner or driver" (wherever occurring) substitute "indemnified person". (10) In section 94(9)(a) of the Transport Accident Act 1986-- (a) for "owner or driver" substitute "indemnified person"; (b) for "his or her" substitute "their". (11) In section 94(10) of the Transport Accident Act 1986-- (a) in paragraph (a), for "the owner or driver in respect of which the Commission is liable under this section to indemnify the owner or driver" substitute "an indemnified person"; (b) in paragraphs (b) and (d), for "owner or driver" substitute "indemnified person"; 22 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 (c) in paragraph (c)-- (i) for "the owner or driver and on the owner's or driver's" substitute "an indemnified person and on an indemnified person's"; (ii) for "the owner or driver," substitute "the indemnified person,". (12) In section 94(11) of the Transport Accident Act 1986, for "The owner or driver" substitute "An indemnified person". (13) In section 94(12) of the Transport Accident Act 1986, for "owner or driver" (where twice occurring) substitute "indemnified person". (14) After section 94(13) of the Transport Accident Act 1986 insert-- "(14) In this section-- indemnified person means a person who the Commission is liable to indemnify under subsection (1).". 34 Transport accidents involving unidentified or unindemnified vehicles (1) For section 96(1) of the Transport Accident Act 1986 substitute-- "(1) This section applies if a person is injured or dies as a result of a transport accident involving-- (a) the driving of an unidentified vehicle or an unindemnified vehicle; or (b) a collision between a pedal cycle and a stationary unidentified vehicle or unindemnified vehicle that is not a collision with-- 23 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 (i) an open door of a stationary unidentified vehicle or unindemnified vehicle; or (ii) a door of a stationary unidentified vehicle or unindemnified vehicle that is being opened; or (c) a collision in Victoria between a pedal cycle and-- (i) an open door of an unidentified vehicle or unindemnified vehicle; or (ii) a door of an unidentified vehicle or unindemnified vehicle that is being opened. (1A) A natural person who could have obtained a judgment against the owner or driver of the unidentified vehicle or unindemnified vehicle in the case of a transport accident mentioned in subsection (1)(a) or (b), or against the person who opened or was opening the door of the unidentified vehicle or unindemnified vehicle in the case of a transport accident mentioned in subsection (1)(c), may recover in proceedings against the Commission a sum equivalent to the lesser of-- (a) the amount for which the person could have obtained judgment against the owner or driver of the unidentified vehicle or unindemnified vehicle, or the person who opened or was opening the door of the unidentified vehicle or unindemnified vehicle (as the case requires); or 24 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 (b) the amount for which the Commission would have been liable if that vehicle had been identified and subject to the indemnity under section 94.". (2) In section 96(2) of the Transport Accident Act 1986-- (a) before "transport" (where first occurring) insert "relevant"; (b) omit "involving the driving of an unidentified vehicle, or a collision between a pedal cycle and a stationary unidentified vehicle,". (3) For section 96(3) of the Transport Accident Act 1986 substitute-- "(3) If damages are recovered against the Commission under subsection (1A), the Commission may recover in proceedings against a relevant person-- (a) the amount of any judgment or settlement (including the legal costs of the person who commenced the proceedings); and (b) the amount of the Commission's reasonable out of pocket expenses in defending the proceedings. (3A) For the purposes of subsection (3), a relevant person is-- (a) if the proceedings in which damages are recovered relate to a transport accident mentioned in subsection (1)(a) or (b)--the owner or driver of the unidentified vehicle or unindemnified vehicle; and 25 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 (b) if the proceedings in which damages are recovered relate to a transport accident mentioned in subsection (1)(c)--the person who opened or was opening the door of the unidentified vehicle or unindemnified vehicle, but only if the person was the owner or driver of the unidentified vehicle or unindemnified vehicle.". (4) In section 96(6) of the Transport Accident Act 1986-- (a) after vehicle (where secondly occurring) insert ", or against a person who opened or was opening the door of the unidentified vehicle or unindemnified vehicle,"; (b) for "subsection (1)" substitute "subsection (1A)". (5) In section 96(8) of the Transport Accident Act 1986 insert the following definition-- "relevant transport accident means a transport accident mentioned in subsection (1)(a), (b) or (c).". 35 Indemnified person to give notice (1) Insert the following heading to section 99 of the Transport Accident Act 1986-- "Indemnified person to give notice". (2) For section 99(1) of the Transport Accident Act 1986 substitute-- "(1) On the happening of a transport accident affecting a motor vehicle, railway train or tram to which an indemnity under section 94 applies and resulting in the death of or injury to any person, an indemnified person must-- 26 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 (a) notify in writing the Commission of the fact of the accident with particulars as to the date, nature and circumstances of the accident; and (b) give to the Commission any other information, and take any steps, that the Commission may reasonably require in order for the Commission to perform its functions under this Act. (1A) An indemnified person must comply with subsection (1) whether or not any claim has been made against them on account of the accident. (1B) An indemnified person must comply with subsection (1)-- (a) in the case of an owner of the motor vehicle, railway train or tram who was the driver of the motor vehicle, railway train or tram, and who the Commission is liable to indemnify under section 94(1)(a) or (b)--as soon as practicable after the accident; and (b) in the case of an owner of the motor vehicle, railway train or tram who was not the driver of the motor vehicle, railway train or tram, and who the Commission is liable to indemnify under section 94(1)(a) or (b)--as soon as practicable after they first become aware of the accident; and (c) in the case of a person who the Commission is liable to indemnify under section 94(1)(c)--as soon as practicable after the accident.". 27 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 (3) In section 99(2) of the Transport Accident Act 1986, for "owner" (wherever occurring) substitute "indemnified person". (4) In section 99(3) of the Transport Accident Act 1986, for "The owner of any motor vehicle, railway train or tram" substitute "An indemnified person". (5) In section 99(4) of the Transport Accident Act 1986-- (a) for "the owner" (where first occurring) substitute "an indemnified person"; (b) for "the owner" (where secondly occurring) substitute "the indemnified person". (6) After section 99(4) of the Transport Accident Act 1986 insert-- "(5) In this section-- indemnified person means a person who the Commission is liable to indemnify under section 94(1).". 36 Driver of motor vehicle etc. and other persons to give notice of accidents (1) Insert the following heading to section 100 of the Transport Accident Act 1986-- "Driver of motor vehicle etc. and other persons to give notice of accidents". (2) In section 100(1) of the Transport Accident Act 1986-- (a) for "94" substitute "94(1)(a) or (b)"; (b) for "he or she shall as soon as practicable" substitute ", the driver must, as soon as practicable,". 28 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 (3) After section 100(1) of the Transport Accident Act 1986 insert-- "(1A) If, at the time of the happening of any accident affecting a motor vehicle, to which an indemnity under section 94(1)(c) applies and resulting in the death of or injury to any person, the person who caused the death or injury must, as soon as practicable, notify in writing the owner of the motor vehicle or the Commission of the fact of the accident.". (4) In section 100(2) of the Transport Accident Act 1986, for "the driver " substitute "a driver to whom subsection (1) applies or a person to whom subsection (1A) applies,". 37 Commencement of prosecutions (1) Insert the following heading to section 120 of the Transport Accident Act 1986-- "Commencement of prosecutions". (2) For section 120(1) of the Transport Accident Act 1986 substitute-- "(1) A charge-sheet charging an offence against-- (a) this Act; or (b) the Crimes Act 1958 which occurs in connection with a claim for compensation under this Act-- may be filed by the Commission or by any person authorised by the Commission to file charge-sheets on behalf of the Commission.". (3) In section 120(2) of the Transport Accident Act 1986, for "instituted" (where twice occurring) substitute "commenced". 29 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 (4) In section 120(3) of the Transport Accident Act 1986, for "against this Act" substitute "referred to in that subsection". (5) In section 120(4) of the Transport Accident Act 1986, for "instituted" substitute "commenced". 38 Section 131 substituted For section 131 of the Transport Accident Act 1986 substitute-- "131 Secrecy provision (1) A specified person, except in accordance with this section, must not-- (a) make a record of, or disclose to a person, restricted information; or (b) use restricted information. Penalty: 10 penalty units. (2) A specified person may make a record of, disclose restricted information to a person or use restricted information-- (a) for the purpose of performing a function or duty, or exercising a power, under this Act or another Act; or (b) if authorised to do so under another Act or law; or (c) for the purpose of, or in connection with, a legal proceeding; or (d) in the course of a proceeding before a court or tribunal. 30 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 (3) A specified person may disclose restricted information if-- (a) the person to whom the restricted information relates consents to the disclosure; or (b) the information is in the public domain. (4) A specified person who is authorised by the Commission to do so may disclose restricted information to-- (a) the Victorian WorkCover Authority, or an authorised insurer or self-insurer within the meaning of that Act if the restricted information relates to a person who is a worker who is or has received compensation under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013; or (b) the NDIA if the restricted information relates to a person who is a participant within the meaning of the NDIS Act; or (c) a private health insurer that has made an application under section 76A, if that information relates to the application; or (d) a person who has responsibility for the administration of a welfare, benefit or compensation scheme of a State or a Territory or the Commonwealth; or (e) a regulatory body as authorised by section 131A; or (f) a law enforcement agency if the specified person believes, on reasonable grounds, that the disclosure of the information is necessary to lessen 31 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 or prevent a serious threat to an individual's life, health, safety or welfare; or (g) a law enforcement agency if the specified person believes, on reasonable grounds, that the information is relevant to the investigation of the commission of-- (i) an offence against this Act, or a law of Victoria relating to the payment of a benefit or compensation, that involves fraud or dishonesty; or (ii) an offence against a law of the Commonwealth or another State or a Territory relating to the payment of a benefit or compensation that involves fraud or dishonesty; or (h) a coroner if the information is relevant to-- (i) an investigation of a death by the coroner under Part 4 of the Coroners Act 2008; or (ii) an inquest into a death that the coroner is holding under the Coroners Act 2008; or (i) the Australian Statistician, but only in a way that does not identify the person to whom the restricted information relates; or (j) a public entity or entity established by a law of the Commonwealth, or another State or a Territory, that is prescribed for the purposes of this paragraph in the 32 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 circumstances that are prescribed for the purposes of this paragraph. (5) In this section-- law enforcement agency means-- (a) Victoria Police or the police force or police service of the Commonwealth or of any other State or Territory; or (b) any other body or person responsible for the performance of functions or activities directed to-- (i) the prevention, detection, investigation, prosecution or punishment of offences against the laws of Victoria, the Commonwealth or any other State or Territory; or (ii) the enforcement of infringement penalties (by whatever name they are known in the relevant jurisdiction) issued under a law of Victoria, the Commonwealth or any other State or Territory; or (iii) the enforcement of the orders of a court; or (c) a body or person authorised by a law of Victoria, the Commonwealth or any other State or Territory to enforce a warrant; NDIA has the same meaning as Agency has in the NDIS Act; 33 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 NDIS Act means the National Disability Insurance Scheme Act 2013 of the Commonwealth; public entity has the same meaning as in the Public Administration Act 2004; restricted information means information-- (a) that identifies or could lead to the identification of any person; and (b) that is or was acquired by the person by reason of being or having been a specified person; specified person means a person-- (a) who is, or has at any time been, appointed for the purposes of this Act; or (b) who is, or has at any time been employed or engaged by the Commission; or (c) who is, or has at any time been, authorised to perform or exercise any function or power of, or any function or power on behalf of, the Commission under this or any other Act.". 39 New Division 14 of Part 11 inserted After Division 13 of Part 11 of the Transport Accident Act 1986 insert-- "Division 14--Road Safety Legislation Amendment Act 2022 234 Commencement of prosecutions (1) Section 120, as amended by section 37 of the amending Act, does not apply in respect of an offence referred to in that section 34 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 3--Amendment of Transport Accident Act 1986 committed before the commencement of section 37 of the amending Act. (2) In this section-- amending Act means the Road Safety Legislation Amendment Act 2022.". 35 Road Safety Legislation Amendment Act 2022 No. of 2022 Part 4--Repeal of this Act Part 4--Repeal of this Act 40 Repeal of this Act This Act is repealed on 1 March 2024. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═════════════ 36 Road Safety Legislation Amendment Act 2022 No. of 2022 Endnotes Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. Minister's second reading speech-- Legislative Assembly: Legislative Council: The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Act 1986 and the Transport Accident Act 1986 and for other purposes." By Authority. Government Printer for the State of Victoria. 37
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