Victorian Current Acts Victorian Current Acts(1) A worker is not entitled to compensation under this Act in respect of an injury if—
(a) the injury was caused by a transport accident involving a motor vehicle of which the worker was the driver at the time of the accident; and
(b) in respect of that driving, the worker is convicted or found guilty of an offence under—
S. 44(1)(b)(i) amended by No. 49/2014 s. 57(1).
(i) section 49(1)(b), (bc), (f), (g) or (j) of the Road Safety Act 1986 and the level of alcohol in the worker's blood was 0·24 grams or more per 100 millilitres of blood or in the worker's breath was 0·24 grams or more per 210 litres of exhaled air; or
(ii) sections 49(1)(a), (ba), (c), (ca), (d), (e), (ea) or (eb), 56(2) or 56(7) of the Road Safety Act 1986 ; or
S. 44(1)(b)(iii) amended by No. 73/2016 s. 12(1).
(iii) section 318 or 319 of the Crimes Act 1958 or a corresponding law; or
(iv) a law of another State or of a Territory that is declared to be a corresponding law under section 47A(2) of the Road Safety Act 1986 .
S. 44(1A) inserted by No. 73/2016 s. 12(2).
(1A) For the purposes of this section, the Minister may by Order published in the Government Gazette declare a law of another State or a Territory, including a law that has been repealed or has expired, to be a corresponding law for the purposes of this section.
(2) This section does not apply—
(a) if the injury results in death or is a severe injury within the meaning of section 40; or
S. 44(2)(b) amended by No. 49/2014 s. 57(2).
(b) where the worker is convicted or found guilty of an offence specified in subsection (1)(b)(i) or (iii)(other than an offence under section 49(1)(bc) or (j) of the Road Safety Act 1986 ), the worker satisfies the Authority or self-insurer that the concentration of, or presence of, alcohol in his or her blood or breath, or the concentration of, or presence of, drugs in his or her blood or oral fluid, did not contribute in any way to the injury; or
S. 44(2)(c) inserted by No. 49/2014 s. 57(3).
(c) where the worker is convicted or found guilty of an offence under section 49(1)(bc) or (j) of the Road Safety Act 1986 , the worker satisfies the Authority or self‑insurer that the following did not contribute in any way to the injury—
(i) the concentration, or presence, of alcohol in the blood or breath of the worker;
(ii) the concentration, or presence, of drugs in the blood or oral fluid of the worker;
(iii) the combination of matters referred to in subparagraphs (i) and (ii).