VICIn ForceAct
Victoria Police Act 2013
246Definitions
Start here
Get a plain-English read of 246
Turn the raw legal text into a practical explanation grounded in Victoria Police Act 2013.
246 Definitions
***authorised purpose*** means, in relation to the disclosure or use of vehicle accident information relating to a vehicle accident, any one or more of the following purposes—
(a) to obtain legal advice in relation to the vehicle accident; or
(b) to recover any loss or damage incurred or suffered, or costs incurred, as a result of the vehicle accident, whether by way of legal proceedings or otherwise; or
(c) to assess and determine a claim under a contract of insurance made in relation to—
(i) the death or injury of a person as a result of the vehicle accident; or
(ii) the damage to, or destruction of, property as a result of the vehicle accident; or
(d) to assess and determine a claim for compensation under a statutory insurance scheme law in respect of the death of or injury to a person as a result of the vehicle accident; or
(e) to investigate the vehicle accident for a purpose set out in paragraph (a), (b), (c) or (d);
***authorised representative*** means—
(a) a relevant insurer; or
(b) a person authorised, in writing, by a person referred to in section 248(1)(a) to (c) to request vehicle accident information on that person's behalf in accordance with that section;
***injury*** means personal or bodily injury and includes psychological or psychiatric injury;
***non-Victorian statutory insurance scheme law*** means a law of another State or a Territory or the Commonwealth declared under section 247 to be a non-Victorian statutory insurance scheme law;
S. 246 def. of *personal representative* amended by No. 13/2019 s. 221(Sch. 1 item 59.1).
***personal representative***, in relation to a person who dies or is injured, or whose property has been damaged or destroyed, as a result of a vehicle accident, means—
(a) if the person is a child, the parent or guardian of the child; or
(b) if the person is a person with a disability and an administrator or guardian has been appointed under the **Guardianship and Administration Act 2019** in respect of that person, that administrator or guardian; or
(c) if the person does not have legal capacity and the person has appointed an attorney under an enduring power of attorney, that attorney; or
(d) if the person dies as a result of the vehicle accident, the administrator or executor of that person's estate;
***registered operator*** has the same meaning as in the **Road Safety Act 1986**;
***relevant insurer*** means—
(a) a statutory scheme insurer if that insurer must assess and determine a claim for compensation by a person referred to in section 248(1)(a) or (b), or the personal representative of a person who dies or is injured as a result of a vehicle accident, under a statutory insurance scheme law; or
(b) an insurer against whom a claim has been made under a contract of insurance by a person referred to in section 248(1)(a) or (b), or the personal representative of a person who dies or is injured as a result of a vehicle accident or whose property is damaged or destroyed as a result of a vehicle accident;
***statutory insurance scheme law*** means—
(a) the **Accident Compensation Act 1985**; or
(b) the **Transport Accident Act 1986**; or
(c) a non-Victorian statutory insurance scheme law;
***statutory scheme insurer*** means—
(a) the Victorian WorkCover Authority established under the **Accident Compensation Act 1985** or an authorised agent or self-insurer within the meaning of that Act; or
(b) the Transport Accident Commission established under the **Transport Accident Act 1986**; or
(c) a person established under a non‑Victorian statutory insurance scheme law, or a person who assesses and determines claims for compensation under a non-Victorian statutory insurance scheme law, declared under section 247 to be a statutory scheme insurer;
***vehicle*** has the same meaning as in the **Road Safety Act 1986**;
***vehicle accident*** means an incident involving a vehicle that results in—
(a) the death or injury of a person; or
(b) damage to, or the destruction of, property;
***vehicle accident information*** means any of the following information relating to a vehicle accident held by the Chief Commissioner of Police that has been recorded, collected or obtained by a police officer in the course of his or her duty—
(a) information that identifies—
(i) the driver or registered operator or passenger of any vehicle involved in the vehicle accident;
(ii) a person who witnessed the vehicle accident;
(iii) a person who dies or is injured as a result of the vehicle accident;
(b) a statement of—
(i) the driver or a passenger of any vehicle involved in the vehicle accident;
(ii) a person who witnessed the vehicle accident;
(iii) a person injured as a result of the vehicle accident;
(c) information that identifies any vehicle involved in the vehicle accident;
(d) the full particulars of the vehicle accident.