42Entitlement to compensation outside Victoria

42 Entitlement to compensation outside Victoria

(1) This section applies where a person is injured or dies as a result of a transport accident if—

S. 42(1)(a) amended by No. 27/2001 s. 4(Sch. 2 item 4.5).

(a) the person, a dependant of the person or the surviving partner of the person is entitled to compensation in respect of the accident in accordance with this Act; and

(b) a person has a right to claim compensation or a right of action in respect of the accident under the law of a place outside Victoria.

S. 42(2) amended by Nos 27/2001 s. 4(Sch. 2 item 4.5), 95/2003 s. 26.

(2) The person, or a dependant or a surviving partner of the person, is not entitled to compensation in accordance with this Act if, under the law of a place outside Victoria—

S. 42(2)(a) amended by No. 27/2001 s. 4(Sch. 2 item 4.5).

(a) the person, dependant or surviving partner has been paid or has recovered an amount of compensation or damages; or

S. 42(2)(b) substituted by No. 95/2003 s. 26.

(b) an award of compensation or judgment for damages has been made, given or entered in favour of the person, dependant or surviving spouse; or

S. 42(2)(c) substituted by No. 95/2003 s. 26.

(c) any payment into court has been accepted by the person, dependant or surviving spouse; or

S. 42(2)(d) substituted by No. 95/2003 s. 26.

(d) there has been a compromise or settlement of a claim by the person, dependant or surviving spouse; or

S. 42(2)(e) substituted by No. 95/2003 s. 26.

(e) a claim for compensation in favour of the person, dependant or surviving spouse has been accepted; or

S. 42(2)(f) inserted by No. 95/2003 s. 26.

(f) the person, dependant or surviving spouse has commenced an action for damages in a court of competent jurisdiction—

unless the Commission is liable under section 94(1) to pay compensation to the person, dependant or surviving spouse under the law of a place outside Victoria.

S. 42(3) amended by No. 27/2001 s. 4(Sch. 2 item 4.5).

(3) If the person, a dependant or a surviving partner of the person—

(a) receives compensation under this Act in respect of a transport accident; and

(b) under the law of a place outside Victoria—

(i) receives compensation or damages; or

(ii) obtains an award of compensation or judgment for damages; or

(iii) payment into court has been accepted; or

(iv) there has been a settlement or compromise of a claim—

in respect of the accident—