38A Commission not liable where compensation payable S. 38A under Accident Compensation Act 1985 or (Heading) inserted by Workplace Injury Rehabilitation and Compensation No. 67/2013 Act 2013 s. 649(Sch. 9 item 32(8)). The Commission is not liable to pay compensation S. 38A inserted by in respect of a person who, on or after the No. 67/1992 commencement of section 67 of the Accident s. 67(2), amended by is Compensation (WorkCover) Act 1992, No. 67/2013 injured or dies as a result of a transport accident to s. 649(Sch. 9 item 32(9)). a person who is, or appears to the Commission to be, entitled to compensation in respect of that injury or death under the Accident or the Compensation Act 1985 Workplace Injury Rehabilitation and Compensation Act 2013. S. 39 39 Circumstances in which a person is not entitled to amended by compensation Nos 127/1986 s. 102(Sch. 4 (1) The Commission is not liable to pay compensation items 29.2, 29.4–29.9), under this Act in respect of a person who is 32/1988 injured or dies as a result of a transport accident s. 9(1)(a)(b)(2) (a)(i)(ii), if— 84/1994 s. 29, 34/1998 s. 7, 73/1998 s. 11, substituted by No. 84/2000 s. 12. S. 39(1)(a) (a) in the case of a transport accident involving amended by a motor vehicle or pedal cycle (other than a No. 49/2018 s. 5(1). recreation vehicle)— S. 39(1)(a)(i) (i) that occurred in Victoria—a report is amended by not made to a police officer whether Nos 37/2014 under section 61 or 61A of the s. 10(Sch. Road item 170.2(a)), Safety Act 1986 or otherwise; or 49/2018 s. 5(2).
S. 38A (Heading) inserted by No. 67/2013 s. 649(Sch. 9 item 32(8)). S. 38A inserted by No. 67/1992 s. 67(2), amended by No. 67/2013 s. 649(Sch. 9 item 32(9)). 38A Commission not liable where compensation payable under Accident Compensation Act 1985 or Workplace Injury Rehabilitation and Compensation Act 2013 The Commission is not liable to pay compensation in respect of a person who, on or after the commencement of section 67 of the Accident Compensation (WorkCover) Act 1992, is injured or dies as a result of a transport accident to a person who is, or appears to the Commission to be, entitled to compensation in respect of that injury or death under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013. S. 39 amended by Nos 127/1986 s. 102(Sch. 4 items 29.2, 29.4–29.9), 32/1988 s. 9(1)(a)(b)(2) (a)(i)(ii), 84/1994 s. 29, 34/1998 s. 7, 73/1998 s. 11, substituted by No. 84/2000 s. 12. 39 Circumstances in which a person is not entitled to compensation (1) The Commission is not liable to pay compensation under this Act in respect of a person who is injured or dies as a result of a transport accident if— S. 39(1)(a) amended by No. 49/2018 s. 5(1). (a) in the case of a transport accident involving a motor vehicle or pedal cycle (other than a recreation vehicle)— S. 39(1)(a)(i) amended by Nos 37/2014 s. 10(Sch. item 170.2(a)), 49/2018 s. 5(2). (i) that occurred in Victoria—a report is not made to a police officer whether under section 61 or 61A of the Road Safety Act 1986 or otherwise; or
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