Victorian Current Acts

VICTORIA POLICE ACT 2013 - SECT 246

In this Division—

"authorised purpose" means, in relation to the disclosure or use of vehicle accident information relating to a vehicle accident, any one or more of the following purposes—

        (a)     to obtain legal advice in relation to the vehicle accident; or

        (b)     to recover any loss or damage incurred or suffered, or costs incurred, as a result of the vehicle accident, whether by way of legal proceedings or otherwise; or

        (c)     to assess and determine a claim under a contract of insurance made in relation to—

              (i)     the death or injury of a person as a result of the vehicle accident; or

              (ii)     the damage to, or destruction of, property as a result of the vehicle accident; or

        (d)     to assess and determine a claim for compensation under a statutory insurance scheme law in respect of the death of or injury to a person as a result of the vehicle accident; or

        (e)     to investigate the vehicle accident for a purpose set out in paragraph (a), (b), (c) or (d);

"authorised representative" means—

        (a)     a relevant insurer; or

        (b)     a person authorised, in writing, by a person referred to in section 248(1)(a) to (c) to request vehicle accident information on that person's behalf in accordance with that section;

"injury" means personal or bodily injury and includes psychological or psychiatric injury;

"non-Victorian statutory insurance scheme law" means a law of another State or a Territory or the Commonwealth declared under section 247 to be a non-Victorian statutory insurance scheme law;

S. 246 def. of personal representative amended by No. 13/2019 s. 221(Sch.  1 item 59.1).

"personal representative", in relation to a person who dies or is injured, or whose property has been damaged or destroyed, as a result of a vehicle accident, means—

        (a)     if the person is a child, the parent or guardian of the child; or

        (b)     if the person is a person with a disability and an administrator or guardian has been appointed under the Guardianship and Administration Act 2019 in respect of that person, that administrator or guardian; or

        (c)     if the person does not have legal capacity and the person has appointed an attorney under an enduring power of attorney, that attorney; or

        (d)     if the person dies as a result of the vehicle accident, the administrator or executor of that person's estate;

"registered operator" has the same meaning as in the Road Safety Act 1986 ;

"relevant insurer" means—

        (a)     a statutory scheme insurer if that insurer must assess and determine a claim for compensation by a person referred to in section 248(1)(a) or (b), or the personal representative of a person who dies or is injured as a result of a vehicle accident, under a statutory insurance scheme law; or

        (b)     an insurer against whom a claim has been made under a contract of insurance by a person referred to in section 248(1)(a) or (b), or the personal representative of a person who dies or is injured as a result of a vehicle accident or whose property is damaged or destroyed as a result of a vehicle accident;

"statutory insurance scheme law" means—

        (a)     the Accident Compensation Act 1985 ; or

        (b)     the Transport Accident Act 1986 ; or

        (c)     a non-Victorian statutory insurance scheme law;

"statutory scheme insurer" means—

        (a)     the Victorian WorkCover Authority established under the Accident Compensation Act 1985 or an authorised agent or self-insurer within the meaning of that Act; or

        (b)     the Transport Accident Commission established under the Transport Accident Act 1986 ; or

        (c)     a person established under a non‑Victorian statutory insurance scheme law, or a person who assesses and determines claims for compensation under a non-Victorian statutory insurance scheme law, declared under section 247 to be a statutory scheme insurer;

"vehicle" has the same meaning as in the Road Safety Act 1986 ;

"vehicle accident" means an incident involving a vehicle that results in—

        (a)     the death or injury of a person; or

        (b)     damage to, or the destruction of, property;

"vehicle accident information" means any of the following information relating to a vehicle accident held by the Chief Commissioner of Police that has been recorded, collected or obtained by a police officer in the course of his or her duty—

        (a)     information that identifies—

              (i)     the driver or registered operator or passenger of any vehicle involved in the vehicle accident;

              (ii)     a person who witnessed the vehicle accident;

              (iii)     a person who dies or is injured as a result of the vehicle accident;

        (b)     a statement of—

              (i)     the driver or a passenger of any vehicle involved in the vehicle accident;

              (ii)     a person who witnessed the vehicle accident;

              (iii)     a person injured as a result of the vehicle accident;

        (c)     information that identifies any vehicle involved in the vehicle accident;

        (d)     the full particulars of the vehicle accident.