This booklet was funded through a grant received from the Taxi Services Commission.

Transcription

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2 2 This booklet was funded through a grant received from the Taxi Services Commission. Graphic artwork and photography throughout the booklet was completed by Andrew Thomas. Central Highlands Community Legal Centre 2015 This work is subject to copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission. Requests and inquiries concerning reproduction and rights in this publication should be addressed to The Manager, Central Highlands Community Legal Centre, PO Box 478W, Ballarat West 3350, by telephone (03) or info@chclc.org.au. In all cases the CHCLC must be acknowledged as the source when reproducing or quoting any part of this publication. 2

3 3 Chapter One: Leasing, Purchasing and Driver Agreements Driver Agreements Taxi Permits Leasing and Sale Checklist Chapter Two: Disputes, Accreditation and Disciplinary Matters Dispute Resolution Accreditation Disciplinary Action Checklist Chapter Three: Fines and Infringements Taxi Specific Infringements General Driving Fines and Infringements Checklist Chapter Four: Motor Vehicle Accidents Sketching An Accident Accident Record Form Checklist Chapter Five: Victims of Crime Chapter Six: Compensations Schemes Workers Compensation Transport Accident Commission (TAC) Checklist Chapter Seven: What Else Should I know? Assistance Animals Taxi Fares Security Cameras in Taxis Checklist Resources 47 3

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5 5 Driver Agreements Any agreement that you have with the Operator (sometimes known as Permit Holder) of a taxi is called a Driver Agreement The Driver Agreement can be written or spoken It is always better to try and get your Driver Agreement in writing The Operator must keep written records of your Driver Agreement The following things must be in all agreements: You must receive at least 55% of the gross fares taken during your shift (the amount before tax) which excludes tolls, surcharges and airport fees. You must be given monthly records of: all payments made to you by the Operator; all the shifts you have worked; and the total amount of gross fares earned and all surcharges earned during a shift. 5 2.

6 6 The Operator must pay you back for the money you spent on running the taxi (such as fuel, oil, repairs and tyres) within seven (7) days of giving the Operator your receipt for the money you spent. The Operator can tell you which repairer to use or what items you can purchase. You must give the Operator two (2) weeks written notice if you want to cancel your Driver Agreement. If the Operator has breached the Driver Agreement, you can cancel the Agreement immediately in writing. If you have breached the Driver Agreement, the Operator can also give you written notice to cancel your agreement. The Operator must have an insurance policy which covers you for damage caused to other people s property. For more information please see the chapter on Motor Vehicle Accidents. You are allowed to have four (4) weeks unpaid holidays after you have worked regularly (minimum of three shifts per week) with the Operator for more than 12 months. If the Operator asks you to pay a bond, they must provide you with a receipt for the amount paid. The maximum bond the Operator can ask for is $1, The Operator must give you written notice if they want to take money out of the bond to pay for repairs to the taxi. The bond (plus any interest) must be repaid to you within 14 days of the termination of your Driver Agreement. 6 3.

7 7 You and the Operator can include extra conditions in the Driver Agreement but all of the conditions above must still be included. A copy of a Driver Agreement template is available on the Taxi Services Commission website ( Taxi permits Leasing/Sale The law allows only accredited Operators to apply for licences to operate taxis. A new licence cannot be leased to another Operator but can be sold to another Operator. Only older licences (made before June 30, 2014) can be leased or sold to another Operator if the conditions of the licence say so. To transfer (or lease) a licence an application must be made to the Taxi Services Commission. Price guides for the sale of licences are available on the Taxi Services Commission website. 7 4.

8 8 Checklist Have you received: At least 55% of gross fares collected? Monthly records which include all payments, all shifts worked, all surcharges paid and the amount of gross fares earned in each shift? A refund for expenses involved in running the taxi, within seven (7) days of giving your receipts for the expense to the Operator? A copy of the Operator s insurance and indemnity? Had up to four (4) weeks unpaid leave after working 12 months? A receipt for bond paid (if applicable) 8 5.

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10 10 Dispute Resolution If you and the Operator have a dispute about your Driver Agreement you must follow the rules of the Taxi Services Commission. If you are found to have breached your Driver Agreement you can be investigated and possibly charged with an offence. If you need assistance to understand the rights and responsibilities in your agreement, or have a dispute you would like some advice on, you can speak to a solicitor at the local Community Legal Centre. You must let the staff know that you have a dispute with the Operator and that you need to see someone within seven (7) days. The following page provides a view of the dispute settlement process

11 11 Dispute Resolution To resolve a dispute, you must follow these processes: 11 You or the Operator can contact the Commission on about your dispute. 8.

12 12 Accreditation Before you can apply to become a taxi driver you must: 1. Have a full and current Victorian driver s licence; 2. Have held a full and current driver s licence in any Australian state or territory, or in New Zealand, for at least 6 months; 3. Complete the Knowledge Test; 4. Ask the Commission to check your criminal history (if any) 5. Complete the Application for accreditation to drive a commercial passenger vehicle and private bus form including having your doctor complete the medical section of the form. (The application form is available on the Taxi Services Commission website). What is the Knowledge Test? The Knowledge Test is a test about a variety of topics like geography, English skills, and general customer service and disability awareness. The questions you need to answer are based on the area you choose to drive in. For people who want to drive in Regional or Country Zones it is not a requirement to pass the Knowledge Test. Criminal History From July 1, 2015, the Commission will be able to get a list of your criminal history (if any) from a national agency. You'll need to ask the Commission to do this in your application form. You won't need to go to Victoria Police or pay any further application fees for that check. How to lodge the application? You can send your application in person at the Commission or VicRoads or by mail (to the Commission). 12 You will need to bring your application form, National Police Certificate, or agree to the Commission checking your criminal history for you, evidence of your driver s licence and passing the 9.

13 13 knowledge test, as well as proof of identity documents and pay the applicable fee. Your photo ID, Multi-Purpose Taxi Program log in card and driver accreditation certificate will be sent to you in the mail. You cannot drive a taxi until you have received these items. How do I renew my accreditation? You will be sent forms by mail about 16 weeks before your accreditation expires. You will need to: Complete the form Have a doctor complete the medical sections Lodge the form in person at VicRoads or the Commission Pay a fee to renew your accreditation Have another photograph taken It can take over two weeks for your application for renewal to be processed so it is a good idea to apply to renew your accreditation early. If you apply for renewal after your accreditation has expired: Within 3 months of your accreditation expiring you will also need to provide a new National Police Certificate or have requested the Commission to check your criminal history. More than three months since your accreditation has expired and you will need to lodge a new application for accreditation. What if I lose my Driver Accreditation Photo ID? You can apply to the Commission or at a VicRoads Customer Service Centre to get a replacement Driver Accreditation Photo ID. There is no cost for a replacement

14 14 Disciplinary Action Drivers, Operators and customers can all lodge complaints on the Commission website. Complaints made by customers will be sent to the Commission for investigation. Complaints can be made about things including: driver behaviour fare refusal safety vehicle condition and driver cleanliness Complaints about drivers being late or not arriving will be referred to the Network Service Provider (sometimes known as the Taxi Booking Service). Any potential criminal offences can be forwarded to the Victoria Police for investigation. A customer complaint will be reviewed by the Commission to see what action should be taken in the matter. The Commission can take disciplinary action against you after considering a complaint or if you have been charged with or found guilty of a criminal offence. If the Commission chooses to take disciplinary action against you, you will be given a written notice offering you the chance to respond to the notice. Disciplinary action can include: warning you about the matters that led to the complaint or criminal matter, requiring you to have more training, or suspending or cancelling your accreditation

15 15 The Commission can also issue you with an Improvement Notice requesting you to fix any breaches of your accreditation. If you do not comply with the Improvement Notice you can receive a fine. Checklist Have you...? Made sure your accreditation is up to date Notified the Taxi Services Commission of any address changes you ve had?

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17 17 Taxi specific infringements Melbourne taxi drivers 'cherry picking' fares from locked cars, city bar owner claims The Age - December 31, 2013 Taxi drivers are "cherry picking" their fares by locking their doors and demanding that late-night customers divulge their destination before taking on jobs. Melbourne club owners say drivers are routinely refusing to drive people across the city or to nearby suburbs, despite it being illegal to refuse fares that are short or inconvenient. Habbi Singh said he waited at the airport for more than 2½ hours on Sunday, only to get a $9.70 job "just around the corner". But he said he had no choice but to take what he was given. "If the driver refuses the fare, it is a big penalty,'' he said. ''Sometimes it is an undercover officer from the taxi commission. They get in and say 'I want to go from here to Queen Victoria Market'. If the taxi driver says 'I can't take you' there is a problem for the driver." Fines may be issued to taxi drivers by Industry Compliance Officers (ICOs) for a range of offences. ICOs can do a number of things including: Vehicle safety and driver compliance checks; Undercover investigations of taxis where the ICO may appear as a paying customer; Investigations of illegal taxi and hire car operations; and Checking of fleet quality and industry benchmarking operations. 17 ICOs work with other government agencies including: 14.

18 18 Victoria Police Australian Federal Police Sheriff's Department Department of Immigration VicRoads Australian Communications and Media Authority (ACMA) Guide Dogs Victoria Disabled Persons Transport Advisory Committee (DPTAC). The twenty most common fines taxi drivers face (reproduced from the Taxi Commission website, 2015), can be found on the following page. Passenger complaints Passengers may lodge a complaint with the Taxi Services Commission about various matters including: driver behaviour, lack of knowledge or safety issues; fare refusal by a taxi driver; vehicle safety; and fraudulent transactions. Drivers are required to accept fares, regardless of distance or destination. 18 Under some circumstances a taxi driver may refuse to carry, or refuse to continue to carry, a person in the taxi if the passenger: in the opinion of the driver, is violent, noisy, misbehaving, filthy or offensive; in the opinion of the driver, has an item which is not able to be safely and securely accommodated within the taxi; Is unable to demonstrate that they are able to pay the amount of the estimate of the fare; or does not pay a deposit required under the pre-payment fare regulations. 15.

19 19 Code Summary of infringement 2568 Failing to display driver photo card in taxi-cab 2377 Operating or permitting to be operated a taxi-cab that does not comply with vehicle specifications 2623 Operator of a taxi-cab operating a taxi-cab without a security camera 2624 Driver of a taxi-cab operating a taxi-cab without a security camera 2399 Failing to produce vehicle for inspection 2402 Interfering with taxi-cab equipment 2403 Failing to take passenger to requested destination 2404 Failing to fulfil hiring agreement 2405 Failing to take most direct practicable route 2406 Failing to take nominated route 2409 Failing to wear uniform 2408 Driver failing to stay with taxi-cab 2427 Charging of fare or additional charges exceeding amount permitted by licence 2441 Failing to start meter when taxi-cab hired 2558 Failure of holder of driver accreditation to comply with condition of accreditation 2480 Operating outside condition of licence 2565 Failing to carry certificate of accreditation while driving 2078 Use hand held mobile phone while driving 2091 Fail to wear properly fastened and adjusted seatbelt 2143 Use vehicle that is unsafe or has been modified or does not comply with the standards for registration The offences for fare refusal are covered by the Transport (Buses, Taxi -Cabs and Other Commercial Passenger Vehicles) Regulations Samples of offences and the penalties that may apply are shown below: Offence Penalty (min $) Failing to take passengers to requested destination $ Failing to accept hiring $ Failing to fulfil hiring agreement $ Refusing to accept a guide dog $

20 20 Passengers can report matters of assault, drink or drug driving or robbery / theft to Victoria Police for further investigation. General driving fines and infringement notices An infringement notice, or fine, is a penalty for breaking the law. A fine can be: handed to you attached to your windscreen mailed to you (e.g. speed camera offences). It is important that you read the notice carefully If there is anything that you do not understand, contact the agency who gave you the fine (for example Victoria Police, Civic Compliance Victoria, local council), or seek legal assistance. Value of fines The amount you need to pay for a fine depends on the offence committed and the number of penalty units that apply. The value of a penalty unit is set every year by the Department of Treasury and Finance (DTF), and is updated 1 July each year. Parking Fines Parking fines are usually issued by local councils. They can also be issued by other enforcement agencies as permitted by the Road Safety Act Read the notice carefully so you know who it is from. 20 Follow any instructions on the notice. 17.

21 21 If you have parked in a no parking space or have parked longer than indicated on the signage, you may receive a Parking Infringement Notice. The due date for payment should be printed on the notice. Fines issued by Victoria Police If you have broken the law by speeding or failing to obey street signs, the Victoria Police can pull you over and give you an on-thespot fine. You must give the police officer your name and address. If you do not, you can be fined for not providing these details. You can receive a fine in the mail for camera fines. You will normally get this kind of fine if you drive through a red light or you have been speeding and a camera took your photo. You should read the fine carefully and seek help if you do not understand it. CityLink and/or EastLink toll notices If you are sent an invoice or infringement notice from CityLink or EastLink, you should contact them directly if you are unsure about something or do not understand the notice. All payments for fines on a tollway should be paid directly to the toll authority who sent you the notice

22 22 Options for dealing with fines If you are unsure about what you should do regarding your fine, you are encouraged to seek legal assistance. A. Pay Your Infringement Notice by the due date If you agree with the fine you can follow the instructions on the fine to pay it. Normally you have 28 days to pay a fine or you will have to pay more costs. B. Apply to Pay Your Infringement Notice by Instalments If you are having trouble paying your infringement on time, you may be able to pay by instalments. 22 Paying by instalments, known as a payment plan, is an agreement to 19.

23 23 pay smaller amounts over a period of time until the total is paid. When is payment plan possible? You are eligible to pay by instalments if you have: a Centrelink Pensioner Concession Card; a Department of Veterans' Affairs Pensioner Concession Card or Gold Card; or a Centrelink Health Care Card If you don't have one of these cards, you may still apply to the agency that issued the fine on the basis of financial hardship. You may be asked questions about your financial circumstances and asked to supply documents proving your claim. C. Apply for an Extension of Time If you are having difficulty paying an infringement notice on time, an extension of time may be available. When is an extension of time possible? You are eligible to receive an extension of time if you have one of the following: a Centrelink Pensioner Concession Card; a Department of Veterans' Affairs Pensioner Concession Card or Gold Card; or a Centrelink Health Care Card. If you do not have one of the cards listed above, you can still apply for an extension of time. Agencies can grant you an extension of time at their discretion. The agency will make a decision based on the information that you provide them with, so you should advise the agency if you are

24 24 experiencing financial difficulties, and provide them any supporting evidence that you can. D. Request an Internal Review When can I apply for an internal review? If you have been issued with an infringement notice, you may apply to the agency that issued you with the notice for an internal review if you believe that: there has been a mistake made (in issuing the infringement notice); there has been a mistake of identity; you have special circumstances; or there are other exceptional circumstances. Special circumstances includes where you were suffering from a mental illness, drug or alcohol addiction, or homelessness and committed the offence as a result of either of these issues. Exceptional circumstances include situations where you might have committed the offence due to medical or health reasons. In your application you must explain why you think the decision to issue an infringement notice should be re-considered based on one of the grounds listed above. You are unable to apply for an internal review if the offences were for: excessive speeding, drink-driving or drug-driving offences, under Sections 89A-89D of the Road Safety Act drink-boating offences under Sections 61A and 61BA of the Marine Act safety work offences under Section 215C of the Transport Act

25 25 E. Elect to go to Court If you receive an infringement notice, it means that you have been fined for breaking a law. The amount owing on the infringement notice is the penalty for the offence (this is called the infringement penalty). If you do not want your offence to be dealt with as an infringement notice, you can exercise your right to elect to take your infringement matter to the Magistrates' Court to be determined at a formal hearing. If you elect to go to court, the matter will be listed at the Magistrates' Court and you will be notified of the court date. You will then need to appear before the court at the specified date and time to defend or plead guilty to the matter at a formal hearing. If you do not appear at court, the court can decide the matter in your absence. You (or a legal representative) will be required to appear at the hearing. Before taking this option, it is highly recommended that you seek appropriate legal advice as you may receive a higher penalty by taking the matter to court. F. Nominate Another Driver When a vehicle is detected committing a traffic offence, such as speeding, a fine is sent to the registered owner. 25 If you receive a fine for an offence committed by another driver in your vehicle, you can nominate that person as the driver responsible for that offence. 22.

26 26 If the nomination is accepted, your fine will be withdrawn and a new fine will be issued to the person you have nominated. If You Don't Take Action If you do not pay your fine and you ignore all reminders, the matter becomes more serious and costly. The Infringements Court may issue an infringement warrant, giving the Sheriff power to enforce that warrant. The measures the Sheriff can take to enforce an unpaid infringement warrant include: the seizure and sale of your property; suspension of your driver licence; suspension of your vehicle's registration; non-renewal of your vehicle's registration; wheel clamping of your vehicle; and your arrest

27 27 Checklist Have you received an infringement notice? Have you taken appropriate action? (e.g. paid the fine, received advice from a solicitor, requested an extension) Are you aware of the relevant road rules to avoid receiving a fine? (e.g. speed limits, parking restrictions) Are you familiar with your responsibilities as a taxi driver? (e.g. to wear a uniform, to accept fares, allow assistance dogs in your vehicle) Are you familiar with the various compliance agencies?

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29 29 Motor Vehicle Accidents If you are in an accident you must stop and assist, even if nobody is hurt. You must exchange details with the other driver or the owner of any property that is damaged. It is an offence to leave the scene of a vehicle accident without doing this. If someone causes an accident, they are responsible for any damages they cause. Obligations at the scene You must: 1. Stop. 2. Provide assistance. 3. Give your name and address, the name and address of the owner of the car and its registration number to: Any injured person The owner of the damaged property Someone representing either of the above The police, if present. If anyone is injured or if the property of anyone not present is damaged and the police do not attend the scene, you must provide full particulars of the accident to the nearest Police Station as soon as possible. Police may not attend the accident unless someone has been injured. If the police do attend they may test drivers for alcohol or drugs. It is a serious offence to refuse this test. If you or the other drivers have broken any road laws the police may issue a fine or charge the driver with an offence

30 30 Do not admit that an accident was your fault, making this admission could be used as evidence against you if there is a dispute. My Vehicle or other property was damaged in the accident what should I do? Gather information about the accident. You will need: Full names and addresses of the owners and drivers of each vehicle involved Driver s license of drivers involved Make, model, colour, registration details of vehicles involved. What do I do about damages? If your taxi is damaged in a motor vehicle accident you must report this to the Operator who should report the accident to their insurer. The Operator and the insurer will handle the matter from there. Insurance As part of your driver agreement with the Operator, the Operator must have an insurance policy with a corporation authorised by legislation. This insurance policy must cover you for damage that may be caused to another person s property by you. The driver agreement also includes a condition that if the Operator does not have appropriate insurance or the insurance policy does not cover all the costs, the Operator is liable for any claim that a third party may make against you as the driver. 30 The Operator will be responsible for paying for all the costs of the 27.

31 31 insurance policy and will also pay for any excess which may be charged as the result of a claim on the insurance policy. The Operator must make sure that the insurance policy is up to date and must provide you with a copy of the policy if you ask for it. You must give the Operator copies of any statements you made to police or any other person if requested by the Operator

32 32 SKETCH Include: (if applicable to your situation) The streets and intersections at the scene of the accident The location of traffic lights, signs and marked lanes Positions of the cars at rest after impact Arrows indicating the direction the vehicles were travelling just prior to the accident Mark the point of impact Identify each car Length of skid marks Note estimations of speed of vehicles Note road conditions, weather, visibility etc. Your vehicle should be marked as A and the other vehicle marked as B

33 33 Accident Record Form

34 34 Checklist If you have been in a motor vehicle accident, did you stop? Did you get the details of the other driver such as name, contacts, vehicle registration and drivers licence number? Have you completed an accident record form? Did you gather contact information from potential witnesses to the accident? Have you notified the Operator so they can report the accident to their insurer? If somebody was hurt in the motor vehicle accident have you notified your local police if they did not attend the accident scene?

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36 36 Victims of Crime Taxi driver bashed unconscious at Melbourne service station in unprovoked attack ABC News Online - Sunday1 June 2014 A taxi driver was bashed unconscious and his cab was trashed in an unprovoked attack at Spotswood in Melbourne's west. The 35-year-old driver was filling up his cab with petrol at a service station on Melbourne Road around 1:10am (AEST) on Sunday when he was approached by a bald man wearing an Essendon football jumper. The offender bashed the driver until he was unconscious before punching in the driver's window and breaking the side mirror. Acting Sergeant Russell King says the taxi driver was taken to hospital with head injuries. "It's a tough job at this time of night and there is no apparent motive," he said. "[The attacker] just wandered up and started punching on with this taxi driver who's just filling up his cab, so it's far from nice." Police want to hear from anyone who may have seen the attack. Who is a Victim of Crime? A victim under the Victim s Charter Act 2006 is: 36 A person who has suffered injury as a direct result of a criminal offence; or A family member of a person who has died as a direct result of a criminal offence; or If the person referred to above is under 18 years of age or is incapable of managing their own affairs because of mental impairment, a family member of that person. 33.

37 37 the child and a family member of that child under the age of 16 years who has been groomed for sexual conduct. For applications of financial assistance to Victims of Crime Assistance Tribunal (VOCAT), the Victims of Crime Assistance Act 1996 define victims as: Primary victim: is a person who is injured or dies as a direct result of a violent act. A secondary victim: is someone who is injured as a result of being present at and witnessing a violent act; or is the parent or guardian of a child who has been the primary victim of a violent crime. A related victim: is a person who at the time of an act of violence was a close family member of, a dependent of, or had an intimate personal relationship with, a primary victim who has died as a result of that act. What is the Victims of Crime Assistance Tribunal (VOCAT)? VOCAT assists victims to recover from a crime by providing financial assistance for expenses incurred, or reasonably likely to be incurred, as a direct result of the crime. VOCAT may award financial assistance for reasonable counselling, medical, safety-related and funeral expenses, lost earnings and other reasonable expenses to assist a victim of crime in their recovery, when assistance for those expenses is not available from another source. Compensation and expenses As a victim of crime, you may be entitled to financial assistance from the VOCAT. You can still apply to VOCAT even if the offender has not been identified, charged or found guilty of, or convicted of an offence. VOCAT claims are independent to any trial. Even if the

38 38 perpetrator is not convicted, you may have a successful VOCAT claim. Eligibility To be eligible to be awarded financial assistance by VOCAT, you must be a victim of a violent crime that happened in Victoria. Examples include: a sexual offence; an actual or threatened assault; the death of a person. The crime must have been reported to police within a reasonable time, and must have occurred within the past two years, except in the case of some childhood sexual crimes. In other circumstances, VOCAT may also grant an extension of time. Financial assistance that may be awarded The Tribunal may award financial assistance for a range of expenses. The types of assistance that the Tribunal may award are set out in the Victims of Crime Assistance Act 1996 and include assistance for: counselling and medical expenses; safety related expenses; loss or damage to clothing worn at the time of the incident; loss of earnings; dependency upon a deceased primary victim (related victims only); assistance for reasonable funeral expenses. Urgent Financial Assistance Interim Awards of Financial Assistance These are available if you require urgent financial assistance as a

39 39 result of a violent crime, pending the final determination of your application. This could include: urgent counselling; immediate safety needs; medical expenses. Special Financial Assistance Special Financial Assistance is a lump sum payment made to a victim as a form of payment for the victim s pain and suffering as a result of the act of violence. Primary victims of crimes committed after 1 July 2000 (and victims of childhood sexual abuse crimes committed after 1 July 1997) may be able to apply for Special Financial Assistance. The amount of Special Financial Assistance awarded depends on the seriousness of the crime and its impact on the victim, and ranges from $130 to $10,000. How does VOCAT determine whether I get financial assistance? VOCAT may award financial assistance to an applicant if it is satisfied, on the balance of probabilities, that: a violent crime occurred (referred to as an act of violence in the Victims of Crime Assistance Act 1996); the applicant is a primary, secondary or related victim of that crime, or a person who has incurred funeral expenses as a direct result of the death of a primary victim; the applicant is eligible to receive the financial assistance; the applicant is not eligible to receive financial assistance from another source for the loss or expense sought from VOCAT. VOCAT may award financial assistance even though no person has been charged with, found guilty of, or convicted of an offence arising from the act of violence committed

40 40 How does VOCAT determine if a crime occurred? VOCAT relies primarily upon information from Victoria Police in determining whether the crime that is the subject of an application for assistance occurred, and whether the applicant is a victim of that crime. Upon an application for financial assistance being lodged, a registrar will write to Victoria Police to request information about the alleged crime, the criminal history of the applicant (if any), and the criminal history of the deceased if an applicant claims assistance as a related victim. VOCAT must be satisfied on the balance of probabilities that a violent crime (known as an act of violence under the Victims of Crime Assistance Act 1996) has occurred. Application process To apply for any award, complete and lodge an application form with the VOCAT Registrar located at your nearest Magistrates' Court. An application form can be obtained from: your local Magistrates' Court; VOCAT on ; the Victims of Crime Assistance Tribunal; the Victims of Crime Helpline on If you intend to apply for financial assistance through VOCAT, it is very important to keep all your receipts for the expenses that you incur. Help applying for financial assistance 40 The process of applying for compensation and financial assistance from VOCAT can seem complex, but help is available. It is advisable to use a solicitor to prepare your application. VOCAT will usually cover the solicitor's fees and a solicitor cannot charge a person fees in relation to an application to VOCAT without approval from VOCAT. 37.

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42 42 Workers Compensation Workers compensation allows an employee who is injured at work to seek compensation for lost wages, medical expenses or lump-sum compensation, including damages. For the purpose of obtaining workers compensation a taxi driver is classified as an employee. The types of injuries that can be compensated As long as your injury happens during work, during a specified work related journey or break, or is caused by the nature of your work, you can apply for workers compensation. Injury includes physical or mental injury, a disease contracted by you in the course of your employment or a recurrence of a pre-existing injury or disease. Please note that for a heart attack or a stroke it is necessary to prove that your employment was a significant contributing factor to the injury. You may be able to get compensation for a work injury in the following forms: Weekly payments for incapacity to perform your usual work as a result of your injury; Medical and like expenses related to your injury; and Certain lump-sum compensation, including damages. How to apply for workers compensation If you are injured at work, as an employee you are entitled to make a workers compensation claim. You firstly need to seek medical treatment for your injury and then notify your employer in writing within 30 days of the injury. You should keep copies of all medical receipts. If a motor vehicle was involved in your injury you must report this to the Police

43 43 To commence your application for workers compensation you need to complete the Worker s Injury Claim Form ( the Form ). The Form can be obtained online from WorkSafe Victoria or from Australia Post. You will need your income details to complete the Form. If you need help you can ring the WorkSafe Advisory Service on If you want to make a claim for loss of income as a result of your injury at work you will need to submit a Certificate of Capacity with the Form. The Certificate of Capacity lists the types of work (if any) that you can still do despite your injury, and sets out your injury management plan. Your first Certificate entitles you to 14 days either off work or doing lighter work duties, and Certificates after this allow you 28 days. You then need to submit the Form to your employer who must fill in the Employer Lodgement Details of the Form and submit the Form to their WorkSafe Agent within 10 days. You may be asked to attend a medical examination or provide a statement to WorkSafe about your injury. You will have a decision made by WorkSafe about whether you are entitled to compensation with 28 days. After submitting the Form you must continue to provide any additional Certificates of Capacity and medical treatment receipts to your employer. Make sure you check on the WorkSafe Victoria Website for the treatments that are approved for WorkSafe to pay for. Your employer has an obligation under Victorian workers compensation law to keep you employed for 52 weeks after your work injury. Once you are ready to return to your full pre-injury work you should get a Certificate of Capacity which confirms this and provide it to your employer

44 44 Workers compensation is a very tricky area of law and it is always a good idea to get some legal advice on your rights. Transport Accident Commission (TAC) If you are injured in a transport accident in Victoria you can apply to the TAC for payment costs related to any injuries you receive. A car accident includes an accident between cars, a car and a truck, a car and a bicycle and even a car and train or tram. You can apply to TAC for payment no matter who caused the accident. TAC will pay for things such as your medical treatment and your lost wages. You will need to pay for the first $ worth of medical treatment and then TAC will pay for any more costs after that. For some people TAC will also pay a lump sum to the injured person for pain and suffering. If you have been involved in a car accident where you or someone else has been injured you should call the police immediately. You should then contact the TAC by phone to lodge an application for compensation. You will need to provide details to the call taker including details about the accident and the vehicles involved, and the names of any witnesses. An application for compensation with the TAC must be lodged within 12 months of the date of the accident. *If you have been injured while you are working you may need to make a claim under the Worker s Compensation Scheme

45 45 Checklist Did the crime take place in Victoria? Have you reported the crime to Police? Have you suffered injury or harm as a direct result of a criminal offence? Has a family member died as a direct result of a criminal offence? Are you a primary victim? Are you secondary victim? Are you a related victim? Do you require financial assistance for counselling and medical related expenses? Are you eligible to receive financial assistance from another source? Have you sought legal advice? Do you need counselling?

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47 47 Assistance Animals & Taxis In Victoria, the rights of people with disabilities are protected by the Disability Discrimination Act 1992 (Cth) and the Equal Opportunity Act 2010 (Vic). Both of these Acts also specifically recognise assistance animals as well as guide dogs in relation to discrimination. You must not discriminate against a person who has an assistance animal or guide dog in providing your service to the public. This means that you cannot refuse a passenger your service on the basis that they have a guide dog or assistance animal, or impose restrictions on how you will offer your service to that passenger. It is also an offence for a driver to refuse to allow an assistance animal or guide dog to be in the taxi with the passenger. Taxi Fares As of 30 June 2014 new reforms were introduced to allow all taxi Operators in regional and country zones the ability to set their own fares under the Price Notification System ( PNS ). It is optional for Operators to use this system; Operators who wish to participate in their PNS must notify the Taxi Services Commission and passengers of the changes in fares. A taxi cannot be operated unless the Operator of a country or regional taxi licence has notified the Taxi Services Commission of the change in their operators fares and those fares have been published on the Taxi Services Commission website, or the taxi is using the standard fares. For Operators who do not wish to use the PNS, those Operators can continue to use the standard fares which have been published on the Taxi Services Commission website. These fares, which are set by

48 48 the Taxi Services Commission, are the maximum fares that can be charged. *Please note that Ballarat, Geelong and Bendigo are located within urban zones; Operators in these areas will not be able to use the PNS. Safety Cameras in Taxis All taxis that operate in the metropolitan and urban zones are required to have taxi safety cameras installed with the rules set down by the Taxi Services Commission. Drivers have responsibilities to ensure that the safety camera fitted in the taxi is operating at all times as required. If the safety camera is found to not be working properly, it is an offence for the driver to operate the taxi and fines and rectification notices may be issued by the Taxi Services Commission to the driver and/or Operator

49 49 Checklist Are you aware of the laws regarding assistance animals and discrimination? If you are using the Price Notification System, have you notified the Taxi Services Commission of your fare changes? If you are using the standard fee structure, have you checked the updated fares listed on the Taxi Services Commission website? Have you checked to see if your taxi is required to be fitted with a safety camera? If there is a safety camera in your taxi, is it working?

50 50 Organisation Contact Details Assistance available Central Highlands Community Legal Centre Ph Free call outside Ballarat: Free legal advice, information and referral service. Free legal resources and community legal education WRISC Family Violence Support Ph Free Advocacy, accommodation assistance, emotional support and court support for women Centre Against Sexual Assault Ph Free call: Free counselling and advocacy Child & Family Services Family Violence Intervention Programs Ph Information and Referral, Men's Behaviour Change Groups, Case Management, Housing Assistance for men Men s Line Australia Ph hour support for men Berry Street Ph Court support, case management, family violence crisis response, accommodation assistance for women Dispute Settlement Centre of Victoria Ph Free dispute resolution service (mediation)

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