TRANSPORT ACCIDENTS IN VICTORIA: WHAT YOU NEED TO KNOW Part 2: Understanding Key Exclusions in Victoria’s No-Fault Compensation TAC Scheme

Failure to report the transport accident to the police or relevant authority

No compensation unless excused by TAC

TAC may excuse failure to report

Sections 39(1), 39(2)

Culpable or dangerous driving causing death

No compensation for:

• loss of earnings
  under Sections 44
  or 45 of the TA Act

• loss of earning
  capacity under
  Sections 49, 50 or 51
  of the TA Act 

• permanent
  impairment under
  Section 47 of the TA
  Act

None

Sections 39(3), 60

Driving under the influence of alcohol and/or drugs

No compensation for loss of earnings under Sections 44 or 45 of the TA Act denied unless TAC confirms substances did not contribute

TAC may excuse if satisfied that the substances did not contribute in any way to the transport accident

Section 40(1)(a)

Driving under the influence of alcohol and/or drugs and refusing to undergo or comply with the substance testing as order by the relevant authority

No compensation for:
• loss of earnings
  under Sections 44
  or 45 of the TA Act
• loss of earning
  capacity under
  Sections 49, 50 or 51
  of the TA Act
• permanent
  impairment under
  Section 47 of the TA
  Act

None

Section 40(2)

Driving with a prescribed level or more of alcohol and/or drugs:

• so as to be
  incapable of proper
  control of a motor
  vehicle
• within three hours
  of driving measure
  by:
   • a breathalyser;
   • blood sample 
     and relevant level
     of concentration
     of alcohol reached
     in blood sample
     within three
     hours of driving
     measured by
     analyst and
     relevant level of
     concentration of
     alcohol reached
     with prescribed
     level or more of
     alcohol within
     three hours of
     driving measured
     by breathalyser

Compensation reduced or denied for:
• loss of earning capacity under Sections 49, 50 or 51 of the TA Act
• permanent impairment under Section 47 of the TA Act

TAC may excuse if satisfied that the substances did not contribute in any way to the transport accident

Section 40(3), 40(3B)

Driving with a prescribed level or more of alcohol within three hours of driving measured by blood sample and relevant level of concentration of alcohol reached

Compensation for loss of earnings under Sections 44 or 45 of the TA Act reduced by one third, two-thirds or not payable depending on the level of concentration of alcohol reached

TAC may excuse if satisfied that the concentration of alcohol did not contribute in any way to the transport accident

Section 40(5)

Driving with a prescribed level or more of drugs with prescribed level or more of drugs in:

•oral fluid sample
  within three hours
  of driving
  measured by
  analyst; or  

• blood sample
  within three hours
  of driving
  measured by
  analyst

Compensation for loss of earnings under Sections 44 or 45 of the TA Act reduced by one third

TAC may excuse if satisfied that the concentration of drugs did not contribute in any way to the transport accident

Section 40(5A)

Driving with a prescribed level or more of alcohol and drugs with the prescribed level or more of alcohol and drugs in blood sample within 3 hours of driving measured by analyst

Compensation for loss of earnings under Sections 44 or 45 of the TA Act reduced by one third and an additional one third depending on level of concentration of alcohol reached

TAC may excuse if satisfied that the concentration of drugs did not contribute in any way to the transport accident.
TAC may excuse if satisfied that the concentration or presence of drugs or alcohol, or both, did not contribute in any way to the transport accident

Section 40(5B)

Driving unlicenced

No compensation for loss of earnings under Sections 44 or 45 of the TA Act

None

Section 40(1)(c)

Involvement (as driver or passenger) in an indictable offence, such as stealing or attempting to steal a motor vehicle

No compensation for loss of earnings under Sections 44 or 45 of the TA Act

None

Section 40(1)(d)

Participation in an organised race or speed trial

No compensation available unless the exception applies

This exclusion will not apply if:
• The TAC has
  certified that the
  exclusion does not
  apply
• The injury occurred
  as a result of a
  transport accident
  involving the
  driving of an
  unauthorised
  vehicle that was
  not participating in
  the organised race
  or speed trial

Section 41

Party to an accident involving unregistered or uninsured motor vehicle on private land

No compensation available

None

Sections 41A(1), 41B(1)