29 Oct 2013
The Transport Accident Commission would like to clarify some facts about the legislative changes before the Victorian Parliament.
Firstly, claims that the reforms will impact on the rights of emergency workers who attend accident scenes, are completely wrong. These groups will continue to be able to access compensation through the appropriate statutory scheme such as WorkCover, exactly as they do now.
The Bill was introduced to Parliament on 15 October. It was tabled publicly and that week, the TAC proactively sent a letter to the editors of 100 Victorian newspapers about the proposed changes.
It’s important to clarify, contrary to some media reports, that the changes will not affect all TAC claims.
It is extremely disappointing that the Opposition is using scare-mongering tactics with a reform that is fair and reasonable and delivers improved support to road accident victims and their families.
These reforms will ensure there is a clear, modern definition of what constitutes a serious mental injury for the purposes of access to common law damages.
Common law compensation will continue to be available for mental injury claims, and the definition will ensure those claims are handled consistently. The TAC will also continue to provide treatment for mental injuries as a no-fault entitlement.
Most Victorians with significant mental injury claims will not be excluded from recovering damages in court. It's also important to point out that this reform will have absolutely no impact on treatment for mental injuries, such as counselling.
Treatment and support is readily available to grieving families. In fact, under the proposed changes, families will benefit from increased access to counselling which will ensure they receive treatment earlier in the process.
The only element that's changing is that when seeking lump sum compensation, clear, clinical criteria will be applied that requires a diagnosis, treatment and demonstrated consequences. This will ensure that people with a mental injury seek medical treatment and are treated consistently in the legal process as the community would reasonably expect.
This legislation will ensure that the TAC continues to provide relevant and appropriate support to victims, preserves their common law entitlements, and helps to keep the cost of the scheme under control for Victorian motorists.