Posted on 21 Sep 2018
Slater and Gordon has applauded the Victorian Government for working with the law firm to deliver legislation that will now support cyclists – like Drysdale’s Rory Wilson - involved in collisions with parked or stationary vehicles.
The Treasury and Finance Legislation Amendment Act 2018, which passed through Victorian Parliament this week, will deliver a number of benefits for Victorians through the Transport Accident Commission (TAC) scheme, which will be retrospective to all accidents on or after July 9, 2014.
This date marks the day Mr Wilson rode his bicycle through torrential rain into a stationary truck in Portarlington, resulting in a long list of severe injuries, including paraplegia.
Slater and Gordon represented the former farmer for almost four years, fighting to secure the support he and his family desperately needed, and pursued his case through both the Victorian Civil and Administrative Tribunal (VCAT) and the Supreme Court of Victoria.
Slater and Gordon also spent months working with the TAC and Government to deliver this week’s legislation change, which will no longer allow people to slip through the cracks.
Slater and Gordon General Manager Motor Vehicle Accident Victoria Joanne Panagakis congratulated the Victorian Government for recognising this serious gap in the legislation and consequently working with relevant stakeholders to make changes to the law.
“We believe it is fitting that those who find themselves in these unfortunate circumstances are eligible to receive the same entitlements that other road users do,” Ms Panagakis said.
“We especially want to thank the TAC and the Andrews Government, who were prepared to listen and understand the need for change.
“This law change will make the world of difference to Victorians injured in these circumstances.
“It is important that any cyclist injured in Victoria on or after 9 July 2014 seek urgent legal advice as they now could be eligible for substantial TAC benefits and compensation. The sooner they get advice, the better, as time limits apply.”
The proposed legislation also includes additional TAC benefits for injured road users as follows:
- Expanded definition of immediate family member to include grandparents – this will allow grandparents access to a number of services such as family counselling and/or travel and accommodation expenses for family members who suffer severe injuries or die.
- Increase from $10,000 to $20,000 for immediate family members’ travel and accommodation expenses to visit an injured family member in hospital.
- A new benefit to provide income assistance to parents and guardians who suffer a loss of income as a result of visiting a dependent child in hospital.
- An additional four weeks of overseas attendant care services if a severely injured person is required to travel because of work.
- Extension of dependency benefits to full-time dependent apprentices – previously only full-time students up to the age of 25 years old were included.
- Payment of administrator fees associated with VCAT/Court appointed financial administration of a person’s no fault benefits.
- Removal of the five-year mandatory TAC review of people