With effect from 26 September 2018, the Treasury and Finance Legislation Amendment Act 2018 made a number of amendments to the Transport Accident Act 1986 (TA Act) which affect transport accident claims – not only with prospective effect, but also retrospectively in one respect. The amendments include:
- increased benefits available, by virtue of the inclusion of grandparents in the definition of ‘immediate family’ and apprentices in the definition of ‘dependent children’;
- removal of the mandatory review every 5 years for long-term TAC clients; and
- extension of coverage to cyclists if they are injured as a result of a collision with a stationary vehicle, although not if the cyclist is taking part in an organised professional race or speed trial, unless the transport accident involves a collision with an unauthorised vehicle. An unauthorised vehicle is defined in the legislation as a vehicle that is not participating in the organised race or speed trial.
Importantly, the amendment relating to cyclists is retrospective and applies to any collision between a cyclist and a stationary vehicle on or after 9 July, 2014. For such claims arising from an incident within that period, the limitation period only commences to run on 26 September 2018.
The By Lawyers Transport Accident Guide has been updated to reflect all of the changes.