VICIn ForceAct
Accident Compensation Act 1985
82BCircumstances in which weekly payments are reduced because of conviction for drug-driving offence
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82B Circumstances in which weekly payments are reduced because of conviction for drug-driving offence
(ii) was caused by a transport accident involving a motor vehicle of which the worker was the driver at the time of the accident; and
(b) in respect of such driving, the worker is convicted or found guilty of an offence under section 49(1)(bb), (h) or (i) of the **Road Safety Act 1986** or under a law of another State or of a Territory that is declared to be a corresponding law under section 47A(2) of the **Road Safety Act 1986**.
(2) Compensation in the form of weekly payments under this Part is reduced by one third for a period of 130 weeks (whether or not consecutive) from the date on which notice of the reduction was given to the worker under section 114(10).
(3) This section does not apply—
(a) if the injury results in death or is a severe injury within the meaning of section 82; or
(b) the worker satisfies the Authority or self‑insurer that the concentration of, or presence of, drugs in his or her blood or oral fluid did not contribute in any way to the injury.
S. 82BA inserted by No. 49/2014 s. 50.
82BA Circumstances in which weekly payments are reduced because of combined drink and drug driving offence
(ii) was caused by a transport accident involving a motor vehicle of which the worker was the driver at the time of the accident; and
(b) in respect of such driving, the worker is convicted or found guilty of an offence under section 49(1)(bc) or (j) of the **Road Safety Act 1986** or under a law of another State or of a Territory that is declared to be a corresponding law under section 47A(2) of the **Road Safety Act 1986**.
(2) Compensation in the form of weekly payments under this Part is reduced for a period of 130 weeks (whether or not consecutive) from the date on which notice of the reduction was given to the worker under section 114(10) by—
(a) in any case, one third; and
(b) if the level of alcohol in the worker's blood was not less than 0·12 grams and less than 0·24 grams per 100 millilitres of blood or in the worker's breath not less than 0·12 grams and less than 0·24 grams per 210 litres of exhaled air—by an additional one third.
(3) This section does not apply if—
(a) the injury results in death or is a severe injury within the meaning of section 82; or
(b) the worker satisfies the Authority or self‑insurer that the following did not contribute in any way to the injury—
(i) the concentration, or presence, of alcohol in the blood or breath of the worker;
(ii) the concentration, or presence, of drugs in the blood or oral fluid of the worker;
(iii) the combination of matters referred to in subparagraphs (i) and (ii).
S. 82C inserted by No. 9/2010 s. 15.