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Transport Accident (Amendment) Regulations 2003

Legislation · Victoria · 2020
i Transport Accident (Amendment) Regulations 2003 S.R. No. 31/2003 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Amendment to regulation 10 1 5. Forms for general compensation and emergency expenses 2 Form 5—General claim for Compensation under the Transport Accident Act 1986 2 Form 5A—Emergency Expenses Claim for Compensation under the Transport Accident Act 1986 12 6. Forms for funeral and dependency benefits claim 15 Form 6—Funeral and Dependency benefits claim for Compensation under the Transport Accident Act 1986 15 ═══════════════ ENDNOTES 18 -- 1 of 19 -- 1 STATUTORY RULES 2003 S.R. No. 31/2003 Transport Accident Act 1986 Transport Accident (Amendment) Regulations 2003 The Governor in Council makes the following Regulations: Dated: 23 April 2003 Responsible Minister: ROB HULLS Minister for WorkCover KATE HASTINGS Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe the claim for compensation forms to be used for the purposes of the Transport Accident Act 1986. 2. Authorising provision These Regulations are made under section 132 of the Transport Accident Act 1986. 3. Commencement These Regulations come into operation on 28 April 2003. 4. Amendment to regulation 10 After regulation 10(a) of the Transport Accident Regulations 1996 1 insert— "(aa) if the compensation claim is in relation to ambulance or casualty expenses, the prescribed form is Form 5A; or". -- 2 of 19 -- S.R. No. 31/2003 Transport Accident (Amendment) Regulations 2003 2 5. Forms for general compensation and emergency expenses For Form 5 in the Schedule to the Transport Accident Regulations 1996 substitute— 'FORM 5 GENERAL CLAIM FOR COMPENSATION UNDER THE TRANSPORT ACCIDENT ACT 1986 YOUR PERSONAL DETAILS 1. Title • Surname • Given names • Male/Female • Date of birth • Address • Home telephone number • Work telephone number • Mobile telephone number • Fax number • E-mail address If you have been known by another name or have changed your name in the past 5 years, please provide details below— • Previous surname • Previous given names 2. The TAC pays benefits by direct deposit into your bank account. Please provide details of the account into which you want your benefits paid. • Account name • BSB number (6 digits in total) • Account number (up to 10 digits) • Bank name • Branch • Address 3. What is the main language you speak at home? English Other (please specify) TRANSPORT ACCIDENT DETAILS 4. Did police attend the scene of the accident? No (go to 5) Yes—Police Officer's name Stationed at 5. The accident was reported to the police. Date reported Police Officer's name Stationed at 6. Please provide the following details— • Date of accident • Day of week • Accident time am/pm • Where did the accident happen? • Please describe in your own words how the accident happened. • Please draw a diagram showing how the accident happened. 7. If travelling in a vehicle, what was your position in the vehicle immediately before the accident? 8. In this accident were you a— • Driver (go to 9) • Car or truck passenger (go to 10) • Motorcyclist (go to 9) • Pillion passenger (go to 11) • Tram Passenger (go to 14) • Train passenger (go to 14) • Bus passenger (go to 14) • Cyclist (go to 15) • Pedestrian (go to 15) • Other (go to 15) r. 5 -- 3 of 19 -- S.R. No. 31/2003 Transport Accident (Amendment) Regulations 2003 3 9. Please provide your licence details— • Licence or permit number • Expiry date of licence or permit • Length of time licence or permit has been held 10. If travelling in a car or truck, were you thrown out of the vehicle due to the accident? Yes No 11. Were you involved in a collision with a fixed object? Yes No 12. What was the speed limit at the accident location? 13. Were you the driver of the vehicle? Yes (go to 14) If no, provide the following details— • Driver's surname • Driver's given names • Driver's address • Driver's home phone • Driver's work phone • Driver's mobile phone 14. Please provide details of the vehicle you were travelling in— • Vehicle registration number • Make and model of vehicle (e.g. Holden Commodore) • Was the vehicle registered in Victoria? Yes No If no, in what State was the vehicle registered? • Are you the owner of the vehicle? Yes No • If you were the driver at the time of the accident, did you have permission to drive the vehicle? Yes No • Name of company if a train, tram or bus was involved (e.g. Connex Trains) • Was any other vehicle involved in the accident? Yes (go to 15) No (go to 16) 15. Please provide the following details of any other vehicle involved in the accident. • Other driver's surname • Other driver's given names • Other driver's address • Other driver's home phone • Other driver's work phone • Other driver's mobile phone • Other driver's vehicle registration number • Was the vehicle registered in Victoria? Yes No • If no, in what State was the vehicle registered? • Make and model of vehicle (e.g. Holden Commodore) • Name of company if a train, tram or bus was involved (e.g. Connex Trains) 16. Were you wearing a seatbelt or helmet? Yes No 17. Is police action going to be taken in relation to the accident? No (go to 18) Don't know Yes If yes, name of person charged 18. Had you consumed any alcohol in the 4 hours before the accident? No (to 20) Yes If yes, type and amount consumed r. 5 -- 4 of 19 -- S.R. No. 31/2003 Transport Accident (Amendment) Regulations 2003 4 19. Was a breath or blood test undertaken? No (go to 20) Yes If yes, what was your reading? 20. Had you consumed any drugs (including medication) on the day of the accident? No (go to 21) Yes If yes, type and amount consumed 21. Did the accident happen on the way to or from work? No Yes 22. Did the accident happen while you were working? No Yes 23. Were you taking part in a motor vehicle race, speed trial, enduro or rally or a test in preparation for one of these events? No Yes 24. Were there any witnesses to the accident? No (go to 25) If yes, please provide the following details: • Witness's surname • Witness's given names • Witness's address • Witness's home phone • Witness's work phone • Witness's mobile phone FAMILY INVOLVEMENT 25. Were any members of your family injured in the transport accident? No Yes If yes, please provide the following details: Family member 1 Full name Date of birth Address Relationship (e.g. spouse) Has the family member made a claim? No Yes Family member 2 Full name Date of birth Address Relationship (e.g. child) Has the family member made a claim? No Yes Family member 3 Full name Date of birth Address Relationship (e.g. brother) Has the family member made a claim? No Yes Family member 4 Full name Date of birth Address Relationship (e.g. parent) Has the family member made a claim? No Yes r. 5 -- 5 of 19 -- S.R. No. 31/2003 Transport Accident (Amendment) Regulations 2003 5 YOUR INJURY DETAILS 26. Please list all your injuries from the transport accident. 27. Were you transported by ambulance from the scene of the accident? No Yes 28. Were you taken to hospital? No (go to 29) Yes If yes, provide the following details— • Hospital name • Was it a visit to the casualty department only? Yes (go to 29) No If no, date admitted • Have you been discharged from hospital? No Yes If yes, date discharged 29. Did you sustain an injury to the head? No Yes 30. Did you lose consciousness? No Don't know Yes If yes, for how long? (hours/minutes) 31. Are you still receiving treatment or expecting to receive treatment for your transport accident injuries? No (go to 33) Yes If yes, please provide details of the doctor who is treating your injuries • Doctor's name • Doctor's address • Doctor's telephone number 32. Is this your usual doctor? Yes No If no, please provide your usual doctor's details— • Doctor's name • Doctor's address • Doctor's telephone number PREVIOUS INJURIES OR CONDITIONS 33. Before the accident, have you ever required treatment— • by a chiropractor or physiotherapist? • by a psychologist or psychiatrist? • involving hospitalisation in the last 5 years? • causing more than 4 weeks off work for a medical condition? 34. Before the accident, have you ever suffered from any of the following conditions or problems? • Lower back condition or pain • Neck condition or pain • Head injury or neurological condition • Hip, knee or shoulder condition or pain • A drug or substance dependency (please specify) • Learning difficulties or ADHD • Arthritis • Orthopaedic or spinal injury • Work related injury • Epilepsy • Migraine or similar episodic headache • Asthma • Respiratory condition • Heart condition • High blood pressure • Diabetes r. 5 -- 6 of 19 -- S.R. No. 31/2003 Transport Accident (Amendment) Regulations 2003 6 35. Did you answer "yes" to any part of question 33 or 34? No (go to 36) Yes If yes, please provide details of the injury or condition and the treatment you were receiving before the accident. Injury or Treatment received Condition (e.g. Physiotherapy (e.g. bad back) once a week) Please list all medication you were taking in relation to the condition or treatment. 36. Before the accident, did you have home services, gardening, childcare, or personal care assistance? No (go to 37) Yes If yes, please provide details of the type of service, number of hours of service received per week and who provided the service. PREVIOUS CLAIMS 37. Have you ever made a Workers Compensation Claim? No Yes If yes, please provide the following details— • Number of previous claims In relation to your most recent claim, please provide the following— • Claim number • Name of the Insurance company/employer • Date of injury or incident • Injuries sustained • Settlement date 38. Are you currently receiving WorkCover or other workers compensation benefits? No Yes 39. Have you ever made a personal injury claim? No (go to 40) If yes, please provide the following details: • Number of previous claims In relation to the most recent claim, please provide the following details— • Claim number • Date of injury or incident • Injuries sustained • Insurance company or employer • Settlement date OCCUPATION DETAILS 40. What was your occupation at the time of the accident? 41. Have you received or applied for Centrelink payments because of this transport accident? No Yes • If yes, what type of Centrelink benefit? • Centrelink reference number 42. Are you liable for a HECS debt as a result of tertiary studies? 43. What was your employment status at the time of this accident? • Employed (go to 44) • Self employed (go to 44) • Unemployed (go to 68) • Not gainfully employed (go to 72) r. 5 -- 7 of 19 -- S.R. No. 31/2003 Transport Accident (Amendment) Regulations 2003 7 44. Have you had time off work because of your transport accident injuries? No (go to 72) Yes • If yes, have you been absent or do you expect to be absent from work for more than 5 working days? No (go to 72) Yes • If yes, please provide the days and dates of the first 5 days absence or expected absence Day 1 date Day 2 date Day 3 date Day 4 date Day 5 date • Have you returned to work? No Expected date of return Yes Date on which you returned If self-employed (go to 62) EMPLOYMENT DETAILS If you are an employee 45. Please provide the following details regarding your employment— • Employee number • Date employment commenced • Basis of employment (permanent, temporary, casual or seasonal) 46. Are you employed on a contractual basis for a fixed period? No Yes If yes, please provide the following details— • Date contract commenced • Date contract expires 47. Are you an apprentice or trainee? No Yes If yes, provide the following details— • Type of apprenticeship or traineeship • Date commenced • Expected completion date 48. Is the nature of your work physical or non-physical? Physical Non-physical • Please provide details of your daily work duties 49. Are alternative duties available to you (e.g. light or modified duties) 50. Please provide details of your working week— • Which days do you work? • Average hours per day 51. Has your employer paid any amounts to you in respect of your absence from work? No Yes If yes, please provide the following details— • Nature of payment (e.g. sick leave, annual leave) • Date paid from • Date paid to • Gross amount paid 52. Is your employer continuing to pay your wage? No Yes If yes, when will payments cease? 53. Would you prefer to receive any TAC payments to which you are entitled via your employer? No Yes 54. On the day of the accident, were you on any type of leave from work or were you due to commence leave within 4 weeks after the date of your accident? No Yes If yes, please specify the type of leave (e.g. sick leave, annual leave, maternity leave or unpaid leave) r. 5 -- 8 of 19 -- S.R. No. 31/2003 Transport Accident (Amendment) Regulations 2003 8 55. Is regular overtime a condition of your employment? No Yes If yes, how much overtime do you work on average each week? hours minutes 56. Have you had a permanent change to your wages (e.g. a pay rise) in the 12 months before the accident? No Yes If yes, date changed 57. To assist in processing your claim more quickly, please indicate those documents you can provide to confirm your wage. • Pay slips (for a minimum of six pay periods before the accident) • Most recent tax return • Printout of payments from your employer • Group certificate • Other • None of the above (go to 58) 58. Please provide details of your wages over the 6 pay periods immediately before the accident Pay period ending Gross normal wage Overtime Shift allowance Other allowance Allowance amount 59. Please provide the following details regarding your employer— • Business name • Address • Phone number • Nature of business • Payroll officer's name • Payroll officer's contact number • Is the number of employees on the payroll more than 5? 60. Are you related to your employer? No Yes If yes, how (e.g. employer is aunt)? 61. Does your employer have a person to assist you to return to work? If yes, please provide the following details— • Contact name • Phone number OPTIONAL EMPLOYER'S ENDORSEMENT To assist in processing your claim more quickly, you may ask your employer or employer's representative to endorse your answers to questions 45–61. The claimant has answered questions 45 to 61 and I certify that the answers to those questions are true and correct. Employer's signature or stamp— Name and signature of employer's representative (go to 72) If you are self employed 62. Please provide the following details— • Type of business • Business name and address • Australian Business Number (ABN) • What is the status of the business (e.g. sole trader, partnership, trust, company)? r. 5 -- 9 of 19 -- S.R. No. 31/2003 Transport Accident (Amendment) Regulations 2003 9 63. Estimate the loss suffered by your business as a result of the accident. Has the business ceased completely since the accident? No Yes 64. Have you lodged any taxation returns for the last 3 financial years? No Yes 65. Have you employed substitute labour as a result of the transport accident? No Yes If yes, please provide a separate statement detailing— • Name and address of person employed • Nature of duties performed • Period of each employment • Gross and net wages paid each week • Method of taxation deductions made (i.e. group tax, withholding tax) • Documentary evidence of payment such as cheque butts, bank statements etc. 66. Please provide details of any other income you earned from personal exertion. 67. Please provide details of your accountant or the person to contact regarding your financial records— • Name • Address • Phone number (go to 72) If you are unemployed 68. Did your injuries prevent you from looking for work? No Yes If yes, how long? (weeks). Are your injuries still preventing you from looking for work? 69. Did you work during the 2 years before the accident? No Yes If yes, provide the following details— • Employer's name • Date employed from • Date employed to 70. At the time of the accident had you received an offer of employment? No Yes If yes, provide the following details— • Employer's name • Employer's address • Employer's phone • Scheduled employment start date Have you started this employment? No Yes If no, reason for not starting If yes, date started Dependant's details 71. Please provide details of all persons who are wholly or partly dependent on you. A dependant is a person who relies on your income in any way. • Full name • Date of birth • Relationship to you (e.g. son or daughter) Is the dependant person a full time student? r. 5 -- 10 of 19 -- S.R. No. 31/2003 Transport Accident (Amendment) Regulations 2003 10 72. DECLARATION AND AUTHORITY TO RELEASE INFORMATION This declaration and authority allows the Transport Accident Commission to obtain records or information, which may affect your claim. I (insert name) declare that the information provided in this claim for compensation is true and correct. I authorise the Transport Accident Commission to contact and obtain information and documents relevant to my transport accident injuries and relevant to any injury or condition that existed before the transport accident and has been affected by the accident from— • a doctor, ambulance service, hospital or other health service provider; and • an insurer carrying on the business of providing Worker's Compensation insurance or motor vehicle insurance; and • the Trustee or Trustees of any superannuation fund; and • a department, agency or instrumentality of the Commonwealth or the State of Victoria or another State that administers police, Health Insurance Commission payments or social welfare laws. I further authorise the Transport Accident Commission to contact and obtain information and documents relevant to any financial loss suffered by me as a result of the accident from— • my employer (or previous employer); and • my accountant. I consent to each of the persons and bodies mentioned in this authority providing the relevant information and documents to the Transport Accident Commission to assist in the management of my claim for compensation. This information may be provided to the Transport Accident Commission upon being provided with a clear photocopy or imagery reproduction of this declaration and authority. Important notes accompanying the declaration and authority 1. Section 67(1A) of the Transport Accident Act 1986 provides that an authority to release information in a claim for compensation has effect and cannot be revoked until a claim is finally determined. 2. It is an offence under Part 8 of the Transport Accident Act 1986 to provide the Transport Accident Commission (TAC) with false or misleading information in an application or to attempt to obtain benefits fraudulently. 3. The TAC respects your privacy and is obliged to manage your personal information and health information in accordance with relevant privacy law and the TAC's privacy policy. The TAC is prevented from divulging information about you unless this is required by law or is required to carry out a function or exercise a power under the Transport Accident Act 1986. 4. The TAC will retain the information provided in this claim for compensation and any information obtained using this authority on your claim file. The TAC will use this information to process, assess and manage your claim. The TAC will also use this information to verify your entitlement to benefits under the Transport Accident Act 1986, or to common law damages. If the TAC is unable to collect relevant personal and health information, this may affect the TAC's ability to assess entitlements to benefits. 5. The TAC may disclose the personal and health information that the TAC has obtained about you where this is required by law or where this is necessary to manage your claim for compensation. Relevant information may be disclosed when this is necessary to: medical and health service providers; your employer; a solicitor acting in relation to your claim; other government agencies, such as the Victorian WorkCover Authority; a Court or Tribunal; and a person you authorise to obtain the information. r. 5 -- 11 of 19 -- S.R. No. 31/2003 Transport Accident (Amendment) Regulations 2003 11 Signature of claimant I declare that the claimant appeared to understand the contents of this declaration and authority. Name of witness Signature of witness Dated If the Claimant is unable to sign this form because of a medical condition Name of person representing the claimant Signature Relationship to claimant Dated __________________ r. 5 -- 12 of 19 -- S.R. No. 31/2003 Transport Accident (Amendment) Regulations 2003 12 FORM 5A EMERGENCY EXPENSES CLAIM FOR COMPENSATION UNDER THE TRANSPORT ACCIDENT ACT 1986 YOUR PERSONAL DETAILS 1. Title • Surname • Given names • Male/Female • Date of birth • Address • Home telephone number • Work telephone number • Mobile telephone number • Fax number • E-mail address If you have been known by another name or have changed your name in the past 5 years, please provide details below— • Previous surname • Previous given names POLICE INVOLVEMENT 2. Did police attend the scene of the accident? No (go to 3) Yes—Police Officer's name Stationed at 3. The accident was reported to the police. Date reported Police Officer's name Stationed at TRANSPORT ACCIDENT DETAILS 4. Please provide the following details— • Date of accident • Day of week • Accident time am/pm • Where did the accident happen? • Please describe in your own words how the accident happened. 5. Unless you were a cyclist or pedestrian, please provide details of the vehicle you were traveling in— • Vehicle registration number • Make and model of vehicle (e.g. Holden Commodore) • Was the vehicle registered in Victoria? Yes No If no, in what State was the vehicle registered? • Are you the owner of the vehicle? Yes No • Name of company if a train, tram or bus was involved (e.g. Connex Trains) • Was any other vehicle involved in this accident? Yes (go to 6) No (go to 7) 6. Please provide the following details of any other vehicle involved in this accident. • Other driver's surname • Other driver's given names • Other driver's address • Other driver's home phone • Other driver's work phone • Other driver's mobile phone • Other driver's vehicle registration number • Was the vehicle registered in Victoria? Yes No If no, in what State was the vehicle registered? r. 5 -- 13 of 19 -- S.R. No. 31/2003 Transport Accident (Amendment) Regulations 2003 13 7. Were you the driver of the vehicle? Yes (go to 8) If no, provide the following details— • Driver's surname • Driver's given name • Driver's address • Driver's home phone number • Driver's work phone number • Driver's mobile phone number 8. Did the accident occur while you were working? Yes No Please note, "while you were working" refers to anytime you were— • On duty; or • On an authorised break, e.g. lunchtime; or • Performing activities for your employer 9. Were you taking part in a motor vehicle race, speed trial, enduro or rally or a test in preparation for one of these events? Yes No FAMILY INVOLVEMENT 10. Were any members of your family injured in the transport accident? No Yes, please provide details below— Family member 1 Full name Address Date of birth Relationship (e.g. spouse) Has the family member made a claim? No Yes Family member 2 Full name Address Date of birth Relationship (e.g. parent, brother, child) Has the family member made a claim? No Yes YOUR INJURY DETAILS 11. Please list all your injuries from the transport accident. 12. Were you transported by ambulance from the scene of the accident? No Yes 13. Were you taken to hospital? No Yes (hospital name) Was it a visit to the casualty department only? Yes No (Date admitted) r. 5 -- 14 of 19 -- S.R. No. 31/2003 Transport Accident (Amendment) Regulations 2003 14 14. DECLARATION AND AUTHORITY TO RELEASE INFORMATION This declaration and authority allows the Transport Accident Commission to obtain information and documents relevant to your claim for compensation if you later decide to claim benefits in addition to ambulance and casualty expenses. I (insert name) declare that the information provided in this claim for compensation is true and correct. I authorise the Transport Accident Commission to contact and obtain information and documents relevant to my transport accident injuries and relevant to any injury or condition that existed before the transport accident and has been affected by the accident from— • a doctor, ambulance service, hospital or other health service provider; and • an insurer carrying on the business of providing Worker's Compensation insurance or motor vehicle insurance; and • the Trustee or Trustees of any superannuation fund; and • a department, agency or instrumentality of the Commonwealth or the State of Victoria or another State that administers police, Health Insurance Commission payments or social welfare laws. I further authorise the Transport Accident Commission to contact and obtain information and documents relevant to any financial loss suffered by me as a result of the accident from— • my employer (or previous employer); and • my accountant. I consent to each of the persons and bodies mentioned in this authority providing the relevant information and documents to the Transport Accident Commission to assist in the management of my claim for compensation. This information may be provided to the Transport Accident Commission upon being provided with a clear photocopy or imagery reproduction of this declaration and authority. Important notes accompanying the declaration and authority 1. Section 67(1A) of the Transport Accident Act 1986 provides that an authority to release information in a claim for compensation has effect and cannot be revoked until a claim is finally determined. 2. It is an offence under Part 8 of the Transport Accident Act 1986 to provide the Transport Accident Commission (TAC) with false or misleading information in an application or to attempt to obtain benefits fraudulently. 3. The TAC respects your privacy and is obliged to manage your personal information and health information in accordance with relevant privacy law and the TAC's privacy policy. The TAC is prevented from divulging information about you unless this is required by law or is required to carry out a function or exercise a power under the Transport Accident Act 1986. 4. The TAC will retain the information provided in this claim for compensation and any information obtained using this authority on your claim file. The TAC will use this information to process, assess and manage your claim. The TAC will also use this information to verify your entitlement to benefits under the Transport Accident Act 1986, or to common law damages. If the TAC is unable to collect relevant personal and health information, this may affect the TAC's ability to assess entitlements to benefits. 5. The TAC may disclose the personal and health information that the TAC has obtained about you where this is required by law or where this is necessary to manage your claim for compensation. Relevant information may be disclosed when this is necessary to: medical and health service providers; your employer; a solicitor acting in relation to your claim; other government agencies, such as the Victorian WorkCover Authority; a Court or Tribunal; and a person you authorise to obtain the information. r. 5 -- 15 of 19 -- S.R. No. 31/2003 Transport Accident (Amendment) Regulations 2003 15 Signature of claimant I declare that the claimant appeared to understand the contents of this declaration and authority. Name of witness Signature of witness Dated If the Claimant is unable to sign this form because of a medical condition Name of person representing the claimant Signature Relationship to claimant Dated __________________'. 6. Forms for funeral and dependency benefits claim For Form 6 in the Schedule to the Transport Accident Regulations 1996 substitute— "FORM 6 FUNERAL AND DEPENDENCY BENEFITS CLAIM FOR COMPENSATION UNDER THE TRANSPORT ACCIDENT ACT 1986 1. PERSONAL DETAILS OF THE DECEASED • Title • Surname • Given names • Address • Date of birth • Male/Female • Marital status • Home telephone number • Language spoken in the family home 2. OCCUPATION DETAILS What was the deceased's occupation at the time of the accident (including student, pension type, home duties, unemployed)? Employed Self employed • Name of employer/own business • Address of employer/own business • Work telephone number r. 6 -- 16 of 19 -- S.R. No. 31/2003 Transport Accident (Amendment) Regulations 2003 16 3. SPOUSE, PARTNER AND DEPENDANT CHILDREN DETAILS Please provide details of the spouse or partner and the children of the deceased. Family member 1 • Full name • Address • Date of Birth • Relationship to the deceased • Is the person a full time student Yes No Family member 2 • Full name • Address • Date of Birth • Relationship to the deceased • Is the person a full time student Yes No Family member 3 • Full name • Address • Date of Birth • Relationship to the deceased • Is the person a full time student Yes No 4. TRANSPORT ACCIDENT DETAILS Accident date Day of the week Accident time Where did the transport accident happen? At the time of the accident, what type of transport user was the deceased? • Driver • Car or truck passenger • Motorcyclist • Pillion passenger • Tram Passenger • Train passenger • Bus passenger • Cyclist • Pedestrian • Other Please provide details of all vehicles involved in the accident Deceased's vehicle (if relevant) • Name of driver • Registration number of the vehicle • State of Registration (e.g. Vic) • Make and model of vehicle Other vehicle • Name of driver • Registration number of the vehicle • State of Registration (e.g. Vic) • Make and model of vehicle Did the accident happen while the deceased was on the way to or from work? Did the accident happen while the deceased was performing his or her daily work duties? Was the deceased taking part in a motor vehicle race, speed trial, enduro or rally or a test in preparation for one of these events? 5. INJURY DETAILS Date of death Please describe the deceased's transport accident injuries Name of hospital to which the deceased admitted Please list details of any pre-existing health conditions the deceased may have had before the transport accident. r. 6 -- 17 of 19 -- S.R. No. 31/2003 Transport Accident (Amendment) Regulations 2003 17 Important notes accompanying the declaration 1. It is an offence under Part 8 of the Transport Accident Act 1986 to provide the Transport Accident Commission (TAC) with false or misleading information in an application or to attempt to obtain benefits fraudulently. 2. The TAC respects privacy and is obliged to manage personal information and health information in accordance with relevant privacy law and the TAC's privacy policy. The TAC is prevented from divulging information about you unless this is required by law or is required to carry out a function or exercise a power under the Transport Accident Act 1986. 3. The TAC will retain the information provided in this claim for compensation and any other information obtained on your claim file. The TAC will use this information to process, assess and manage your claim. The TAC will also use this information to verify your entitlement to benefits under the Transport Accident Act 1986, or to common law damages. If the TAC is unable to collect relevant personal and health information, this may affect the TAC's ability to assess entitlements to benefits. 4. The TAC may disclose the personal and health information that the TAC has obtained from you where this is required by law or where this is necessary to manage your claim for compensation. Relevant information may be disclosed when this is necessary to: medical and health service providers; a solicitor acting in relation to your claim; other government agencies; or a Court or Tribunal. DECLARATION I (insert name) declare that the information provided in this claim for compensation is true and correct. Name of person completing the claim Relationship to the deceased Signature I declare that the person completing the claim appeared to understand the contents of this declaration. Name of witness Signature of witness Dated __________________". ═══════════════ r. 6 -- 18 of 19 -- S.R. No. 31/2003 Transport Accident (Amendment) Regulations 2003 18 ENDNOTES 1 Reg. 4: S.R. No. 164/1996 as amended by S.R. Nos 64/1999 and 106/2000. Endnotes -- 19 of 19 --