Possible State Act anomalies

Part 9 of the Commonwealth of Australia Gazette No S 365 of 30 November 1988 specifies certain State and Territory laws which are declared to be specific laws for the purposes of section 119 of the SRC Act.

Some of these laws relate to State compensation payable for motor vehicle accidents:

• New South Wales -

-Transport Compensation Act 1987;

• Victoria -

-Transport Accident Act 1986;

• Tasmania -

-Motor Accidents (Liabilities and Compensation) Act 1973; and

• Northern Territory -

-Motor Accidents (Compensation) Act.

This current list has not altered since 1989.

New South Wales

The Transport Compensation Act 1987 was repealed and replaced by the Motor Accidents Act in 1989.  Claims falling within the repealed legislation attract section 119 repayments.  However, the new Act is based on third party negligence.

This means that successful claims under the Motor Accidents Act 1989 must be repaid to Comcare using section 48, not 119.

Victoria and Tasmania

Even though Victoria and Tasmania have laws that are specified for the purposes of section 119, it is still possible in some circumstances to also institute proceedings against a third party for damages.

In such cases, repayment from compensation awarded would be made under section 119, and repayment from damages, under section 48.

Northern Territory

While the Northern Territory legislation is included in the Gazette, accidents which occur during work hours or on a journey to or from work are excluded from its benefits.

Therefore, it is unlikely that a Commonwealth employee in the Northern Territory would be eligible for State compensation for a motor vehicle injury.