TRANSPORT ACCIDENT COMMISSION v BURNS

67 VR 403·Richards J
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67 VR 403
67 VR 403
TRANSPORT ACCIDENT COMMISSION v BURNS Supreme Court of VictoriaRichards J 17 March, 3 June 2022[2022] VSC 294Accident compensation — Transport accident — Claim for compensation — Time limit for claim — Respondent’s partner died as a result of a transport accident — Respondent made claim for funeral and dependency benefits — Respondent later sought to claim impairment benefit — Commission declined to determine respondent’s degree of impairment — Whether Transport Accident Act distinguishes between claims for compensation by persons injured as a result of transport accidents, and claims by dependants of persons who die as a result of transport accidents — Whether time limit in s 68 applies separately to each category of claim — Transport Accident Act 1986 (Vic), ss 35, 46A, 47, 68.

Part 3 of the Transport Accident Act 1986 (Vic) (Act) provided for the payment of a range of benefits to a person injured in a transport accident or who was a dependant of a person who died as a result of transport accident. The respondent’s partner died in a transport accident in 2016, following which the respondent immediately made a claim for funeral and death dependency benefits payable under pt 3 of the Act. Then, in 2019, the respondent made a claim for an impairment benefit payable under pt 3 of the Act, consequent on psychiatric conditions attributable to the death of her partner.

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