7 Periodic payment of impairment benefit annuity 3
8 Rounding 4
9 Redemptions under former section 56(1) 4
10 Redemptions under current section 56(1) 6
Schedule 1—Periodic payment of impairment benefit or annuity 8
Schedule 2—Redemptions 19
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Endnotes 31
1 General information 31
2 Table of Amendments 33
3 Amendments Not in Operation 34
4 Explanatory details 35
Version No.001
Transport Accident (Impairment) Regulations 2020
S.R. No. 37/2020
Version as at
24 May 2020
1 Objective
The objective of these Regulations is to prescribe the manner—
(a) of calculating periodic payments of impairment benefits for the purposes of—
(i) section 47(4) of the Transport Accident Act 1986; and
(ii) section 48(1) of the Transport Accident Act 1986, as in force immediately before the commencement of section 13 of the Transport Accident (Amendment) Act 2004; and
(b) of determining, for the purposes of section 56 of the Transport Accident Act 1986, an amount being in redemption of the sum of the periodic payments under section 48 of that Act, as in force immediately before the commencement of section 13 of the Transport Accident (Amendment) Act 2004, and the weekly payments under section 49, 50 or 51 of the Transport Accident Act 1986.
2 Authorising provisions
These Regulations are made under sections 132 and 191 of the Transport Accident Act1986.
3 Commencement
These Regulations come into operation on 24 May 2020.
4 Revocation
The Transport Accident (Impairment) Regulations 2010[1] are revoked.
5 Definition
In these Regulations, the Act means the Transport Accident Act 1986.
6 Periodic payment of impairment benefit
For the purposes of section 47(4) of the Act, the periodic payments payable to a person are weekly payments, calculated in accordance with the formula—
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where—
A is the amount of the impairment benefit assessed in accordance with section 47(2) of the Act, less the sum of the part of impairment benefit paid under section 47(3)(c) of the Act and any interim benefit paid; and
B is—
(a) if, at the date of assessment of the impairment benefit, the person is 18 years or over and under 55 years and one month, the amount in Column 2 of Schedule 1 opposite the age of the person in completed years at that date; or
(b) if, at the date of assessment of the impairment benefit, the person is 55 years and one month or more and under 72 years and one week, the amount in Column 2 of Schedule 1 opposite the age of the person in years and completed months at that date; or
(c) if, at the date of assessment of the impairment benefit, the person is 72 years and one week or more and under 75 years, the amount in Column 2 of Schedule 1 opposite the age of the person in years and completed weeks at that date; or
(d) if, at the date of assessment of the impairment benefit, the person is 75 years or over, $10 000.
7 Periodic payment of impairment benefit annuity
For the purposes of section 48(1) of the Act, as in force immediately before the commencement of section 13 of the Transport Accident (Amendment) Act 2004, the periodic payments payable to a person are weekly payments, calculated in accordance with the formula—
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where—
**A** is the amount determined in accordance with section 48(1) of the Act, as in force immediately before the commencement of section 13 of the **Transport Accident (Amendment) Act 2004**; and
**B** has the same meaning as in regulation 6.
8 Rounding
If the amount of a weekly payment calculated under regulation 6 or 7 includes a fraction of a cent and that payment is not the final payment to the person, the amount of the payment may be varied by rounding the amount to the next highest cent and reducing the final payment accordingly.
9 Redemptions under former section 56(1)
(1) For the purposes of section 56(1) of the Act, as in force immediately before the commencement of section 11 of the Transport Accident (Amendment) Act 2004, the amount payable to a person must be determined in accordance with the formula—
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where—
**A** is the amount of a weekly payment calculated in accordance with regulation 7; and
**B** is—
(a) if, at the date of the determination, the degree of impairment of the person is less than 50%, the amount in Column 2 of Schedule 2 opposite the number of complete weeks in the period commencing on the day on which the determination is made and ending on—
(i) the day on which payments under section 48, 49, 50 or 51 of the Act would cease in accordance with section 53(3) of the Act, as in force immediately before the commencement of section 11 of the Transport Accident (Amendment) Act 2004; or
(ii) the day before the day on which the person attains the age of 75 years—
whichever is the earlier; or
(b) if, at the date of the determination, the degree of impairment of the person is 50% or more, the amount in Column 2 of Schedule 2 opposite the number of complete weeks, or years and complete months, or complete years, as the case requires, in the period commencing on the day on which the determination is made and ending on the day on which the person attains the age of 75 years; and
**C** is the amount of a weekly payment in respect of loss of earning capacity under section 49, 50 or 51 of the Act; and
**D** is—
(a) if, at the date of the determination, the degree of impairment of the person is less than 50%, the amount in Column 2 of Schedule 2 opposite the number of complete weeks in the period commencing on the day on which the determination is made and ending on the day on which payments under section 49, 50 or 51 of the Act would cease in accordance with section 53(1) or (3) of the Act; or
(b) if, at the date of the determination, the degree of impairment of the person is 50% or more, the amount in Column 2 of Schedule 2 opposite the number of complete weeks, or years and complete months, or complete years, as the case requires, in the period commencing on the day on which the determination is made and ending on the day on which the person, by reason of section 53(1), would cease to be entitled to receive payments in respect of loss of earning capacity.
(2) For the purposes of the definitions of B and D in subregulation (1), a period of less than one week is taken to be a complete week.
10 Redemptions under current section 56(1)
(1) For the purposes of section 56(1) of the Act, the amount payable to a person who has been assessed as having a degree of impairment of less than 50% must be determined in accordance with the formula—
(A × (B – C))
where—
**A** is the amount of the weekly payment in respect of loss of earning capacity to which the person is entitled at the time that the payments are redeemed; and
**B** is 78 weeks; and
**C** is the number of weeks for which the person has received loss of earning capacity payments at the time that the payments are redeemed.
(2) For the purposes of section 56(1) of the Act, the amount payable to a person who has been assessed as having a degree of impairment of 50% or more must be determined in accordance with the formula—
A × B
where—
**A** is the amount of the weekly payment in respect of loss of earning capacity to which the person is entitled at the time that the payments are redeemed; and
**B** is the number of weeks for which, in the opinion of the Commission, the person is likely to be entitled to loss of earning capacity payments under the Act.
Schedule 1—Periodic payment of impairment benefit or annuity
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Transport Accident (Impairment) Regulations 2020, S.R. No. 37/2020 were made on 19 May 2020 by the Governor in Council under sections 132 and 191 of the Transport Accident Act 1986, No. 111/1986 and came into operation on 24 May 2020: regulation 3.
The Transport Accident (Impairment) Regulations 2020 will sunset 10 years after the day of making on 19 May 2030 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Transport Accident (Impairment) Regulations 2020 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.