Changes to the Transport Accident Act 1986

On 7 June 2018 the Treasury and Finance Legislation Amendment Bill 2018 was second read on the Lower House of the Victorian Parliament.

This Bill contains important amendments to the Transport Accident Act 1986.

The Amendments result from a consultation process between representatives of the Law Institute, the Australian Lawyers Alliance and the Transport Accident Commission (TAC).

Peter Burt serves as a representative on the Consultation Committee.

Importantly, once the Bill becomes law, cyclists who collide with stationary vehicles will be entitled to compensation from the TAC.  Up to now, only a very limited group of cyclists were entitled to compensation when colliding with stationary vehicles. Cyclists riding to or from their place of work were covered in these circumstances.  Cyclists hitting opening car doors were covered by the TAC. However, cyclists hitting stationary or parked motor vehicles other than in the above circumstances were not entitled to receive TAC compensation.

This is a significant broadening of TAC’s liability to pay compensation to cyclists. Further, the changes are retrospective so that they apply to all cyclists injured as a result of collisions with stationary or parked vehicles since 9 July 2014.

There are a number of other positive changes that will benefit transport accident victims, including the abolition of the medical excess of $651.00, an increase in travel and accommodation expense from $10,000.00 to $20,000.00 for immediate family members visiting an accident victim in hospital more than 100 kilometres from their home.

All of the changes in this Bill are positive for transport accident victims.  We congratulate the TAC and Victorian Government on these very positive changes to the TAC compensation scheme.