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Road Safety Legislation Amendment Bill 2022

     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




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    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;


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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


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      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;


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      Road Safety Legislation Amendment Act 2022
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      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".




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      Road Safety Legislation Amendment Act 2022
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      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


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      Road Safety Legislation Amendment Act 2022
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      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
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       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




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      Road Safety Legislation Amendment Act 2022
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       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;




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       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".




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       Road Safety Legislation Amendment Act 2022
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       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).".




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       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".




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     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)".




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       Road Safety Legislation Amendment Act 2022
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     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".




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       Road Safety Legislation Amendment Act 2022
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    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";




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  Road Safety Legislation Amendment Act 2022
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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
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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;




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    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".




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 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";


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     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--




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                 (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




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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




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     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
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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
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     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
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    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
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     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
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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
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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
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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
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     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
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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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