2012
2012
2012-06-26
act
government
publicspecial
act.reprint
allinforce
2012-05-30
2012-06-20
0
2012-06-26
act-1987-015
2012
none
act-2012-048
7f00ffd1-727d-4d67-9f75-408c9e986514
6b52a9f4-c5b3-4847-a145-9d662dcbc72f
Repeal:
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 26.6.2012.
An Act to amend the Motor
Accidents (Lifetime Care and Support) Act 2006 and the
Motor Accidents Compensation Act 1999 in
relation to treatment and care needs; and for other
purposes.
1Name of
Act
This Act is the Motor Accidents
and Lifetime Care and Support Schemes Legislation Amendment Act
2012.
2Commencement
This Act commences on the date of assent to this
Act.
Schedule 1Amendment of Motor Accidents (Lifetime Care and Support) Act
2006 No 16
[1]Section 3
Definitions
Insert in alphabetical order in section 3
(1):
approved
provider—see section 11C (2).
assessed
treatment and care needs—see section 11A
(2).
excluded
treatment and care needs—see section 5A
(2).
[2]Section 3
(1)
Omit “section 6” from the definition
of treatment
and care needs.
Insert instead “section
5A”.
[3]Section
5A
Insert after section 5:
5ATreatment and care
needs
(1)
For the purposes of this Act, the treatment
and care needs of a participant in the Scheme are the
participant’s needs for or in connection with any of the
following:
(a)
medical treatment (including
pharmaceuticals),
(b)
dental treatment,
(c)
rehabilitation,
(d)
ambulance transportation,
(e)
respite care,
(f)
attendant care services,
(g)
aids and appliances,
(h)
prostheses,
(i)
education and vocational
training,
(j)
home and transport
modification,
(k)
workplace and educational facility
modifications,
(l)
such other kinds of treatment, care, support or
services as may be prescribed by the regulations under this
paragraph.
(2)
Despite subsection (1), the treatment and care
needs of a participant do not include any treatment, care, support or services
of a kind declared by the regulations to be excluded
treatment and care needs.
[4]Part 2,
heading
Omit the heading. Insert instead:
Part 2Participation in
Scheme
[5]Sections 6 and
10
Omit the sections.
[6]Part 2A
Insert after Part 2:
Part 2APayments under
Scheme
11AAssessed treatment and care
needs of participants to be paid for by Authority
(1)
The Authority is to pay for all of the reasonable
expenses incurred by or on behalf of a person in relation to the assessed
treatment and care needs of the person while the person is a participant in
the Scheme.
(2)
The assessed
treatment and care needs of a person who is a participant in
the Scheme are those treatment and care needs that are assessed by the
Authority, in its treatment and care needs assessment, to be treatment and
care needs that:
(a)
are reasonable and necessary in the
circumstances, and
(b)
relate to the motor accident injury in respect of
which the person is a participant.
(3)
No expenses are payable in respect of:
(a)
excluded treatment and care needs,
and
(b)
treatment and care needs that are not assessed
treatment and care needs.
(4)
As an alternative to paying the expenses for
which it is liable under this section as and when they are incurred, the
Authority may pay those expenses by the payment to the participant of an
amount to cover those expenses over a fixed period pursuant to an agreement
between the Authority and the participant for the payment of those expenses by
the participant.
(5)
The LTCS Guidelines may make provision for or
with respect to determining which treatment and care needs of a participant in
the Scheme are reasonable and necessary in the circumstances and relate to the
motor accident injury in respect of which the person is a
participant.
11BPayment not required in
certain circumstances
(1)
The Authority is not required to make a payment
in relation to the following:
(a)
any treatment, care, support or service provided
to a participant in the Scheme on a gratuitous basis (that is, anything
provided to a participant for which the participant has not paid and is not
liable to pay),
(b)
any treatment, care, support or service that is
required to be provided by an approved provider but is provided by a person
who is not, at the time of the provision, an approved
provider.
(2)
However, the Authority may elect to make a
payment in relation to any treatment, care, support or service referred to in
subsection (1) if the Authority is of the opinion that special circumstances
exist that justify such payment.
(3)
The LTCS Guidelines may make provision for or
with respect to determining whether special circumstances exist that justify
payment in relation to any treatment, care, support or service referred to in
subsection (1).
(4)
To avoid doubt, this section applies even if the
treatment, care, support or services concerned are provided in connection with
the provision of the assessed treatment and care needs of a participant in the
Scheme.
(5)
This section has effect despite section
11A.
11CApproved
providers
(1)
The following treatment, care, support or
services (provided in connection with the provision of assessed treatment and
care needs of a participant in the Scheme) are to be provided only by an
approved provider of the treatment, care, support or service:
(a)
attendant care services,
(b)
any other treatment, care, support or services
(other than the services of a medical practitioner) identified in the LTCS
Guidelines as treatment, care, support or services that are to be provided by
an approved provider.
(2)
An approved
provider of a service is a person, or a person of a class,
approved by the Authority (or by any other person specified in the LTCS
Guidelines), in accordance with the LTCS Guidelines, to provide the treatment,
care, support or service under the Scheme.
(3)
The LTCS Guidelines may also make provision for
or with respect to the standards of competency of approved
providers.
[7]Sections 48 (3) (a) and 49 (1)
(a)
Omit “Part 2 (Care and support for Scheme
participants)” wherever occurring.
Insert instead “Part 2A (Payments under
Scheme)”.
[8]Sections 49 (1) (b) and (c)
and (2) and 54 (4)
Omit “Part 2” wherever occurring.
Insert instead “Part 2A”.
[9]Schedule 3 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
Motor Accidents
and Lifetime Care and Support Schemes Legislation Amendment Act
2012
[10]Schedule 3, Part
3
Insert after Part 2:
Part 3Provisions consequent on
enactment of Motor Accidents and Lifetime Care and
Support Schemes Legislation Amendment Act
2012
3General operation of
amendments
(1)
An amendment made to this Act by the Motor Accidents and Lifetime Care and Support Schemes
Legislation Amendment Act 2012 (the
amending Act) applies in relation to any claim made on or
after the relevant date, regardless of whether the claim is made in relation
to past or future treatment and care needs.
(2)
To avoid doubt, subclause (1) applies even if the
motor accident concerned occurred before the relevant date or the claim
relates to a person who was a participant in the Scheme before the relevant
date.
(3)
In this clause:
claim means a claim within the
meaning of the Motor Accidents Compensation Act
1999 or a claim or request for payment in relation to
treatment and care needs made to a licensed insurer or the Authority under
this Act.
the
relevant date means the date of introduction into Parliament
of the Bill for the amending Act.
4Approved
providers
An approval given by or on behalf of the
Authority under section 10 that was in force immediately before the omission
of that section, and the insertion of section 11C, by the Motor
Accidents and Lifetime Care and Support Schemes Legislation Amendment Act
2012 is taken, on that omission and insertion, to be an
approval under section 11C.
Schedule 2Amendment of Motor Accidents Compensation Act 1999 No
41
[1]Section 27A Effect of Lifetime
Care and Support Scheme payments
Omit “section 130A (No damages for expenses
covered by Lifetime Care and Support Scheme)”.
Insert instead “section 141A (No damages
relating to treatment and care needs for Lifetime Care and Support Scheme
participants)”.
[2]Section
43A
Omit the section. Insert instead:
43AApplication of Chapter to
treatment and care needs covered by Lifetime Care and Support
Scheme
(1)
This Chapter does not apply in respect of any
treatment and care needs of a person who is a participant in the Scheme under
the Motor Accidents (Lifetime Care and Support) Act
2006, or any excluded treatment and care needs, that
relate to the motor accident injury in respect of which the person is a
participant in the Scheme and that arise during the period in which the person
is a participant in the Scheme.
(2)
This section applies:
(a)
whether or not the treatment and care needs are
assessed treatment and care needs under the Motor Accidents
(Lifetime Care and Support) Act 2006,
and
(b)
whether or not the Lifetime Care and Support
Authority is required to make a payment in respect of the treatment and care
needs concerned, and
(c)
whether or not the treatment, care, support or
service (provided in connection with treatment and care needs) is provided on
a gratuitous basis.
(3)
In this section, treatment
and care needs and excluded
treatment and care needs have the same meanings as they have
in the Motor Accidents (Lifetime Care and
Support) Act 2006.
[3]Section
128
Renumber as section 141B and insert after section
141A (as inserted by Schedule 2 [7]) with the heading “Maximum amount
of damages for provision of certain attendant care
services”.
[4]Section
129
Renumber as section 141C and insert after section
141B (as inserted by Schedule 2 [3]) with the heading “Respite
care”.
[5]Section 130A No damages for
expenses covered by Lifetime Care and Support Scheme
Omit the section.
[6]Sections 137 (2) and 142
(3)
Omit “section 128” wherever
occurring. Insert instead “section 141B”.
[7]Section
141A
Insert after section 141:
141ANo damages relating to
treatment and care needs for Lifetime Care and Support Scheme
participants
(1)
No damages may be awarded to a person who is a
participant in the Scheme under the Motor Accidents
(Lifetime Care and Support) Act 2006 in respect of any of
the treatment and care needs of the participant, or any excluded treatment and
care needs, that relate to the motor accident injury in respect of which the
person is a participant in the Scheme and that arise during the period in
which the person is a participant in the Scheme.
(2)
This section applies:
(a)
whether or not the treatment and care needs are
assessed treatment and care needs under the Motor Accidents
(Lifetime Care and Support) Act 2006,
and
(b)
whether or not the Lifetime Care and Support
Authority is required to make a payment in respect of the treatment and care
needs concerned, and
(c)
whether or not the treatment, care, support or
service (provided in connection with treatment and care needs) is provided on
a gratuitous basis.
(3)
In this section, treatment
and care needs and excluded
treatment and care needs have the same meanings as they have
in the Motor Accidents (Lifetime Care and
Support) Act 2006.
[8]Schedule 5 Savings,
transitional and other provisions
Insert at the end of clause 2 (1):
Motor Accidents
and Lifetime Care and Support Schemes Legislation Amendment Act
2012
[9]Schedule 5, Part
10
Insert after Part 9:
Part 10Provisions arising from
Motor Accidents and Lifetime Care and Support Schemes
Legislation Amendment Act 2012
40General operation of
amendments
(1)
An amendment made to this Act by the Motor Accidents and Lifetime Care and Support Schemes
Legislation Amendment Act 2012 (the
amending Act) applies in relation to any claim made on or
after the relevant date, regardless of whether the claim is made in relation
to past or future treatment and care needs.
(2)
To avoid doubt, subclause (1) applies even if the
motor accident concerned occurred before the relevant date or the claim
relates to a person who was a participant in the Scheme under the Motor Accidents (Lifetime Care and Support) Act
2006 before the relevant date.
(3)
In this clause:
claim includes a claim or request
for payment in relation to treatment and care needs made to a licensed insurer
or the Lifetime Care and Support Authority under the Motor
Accidents (Lifetime Care and Support) Act
2006.
the
relevant date means the date of introduction into Parliament
of the Bill for the amending Act.
Historical
notes
Table of amending
instruments
Motor Accidents
and Lifetime Care and Support Schemes Legislation Amendment Act
2012 No 48. Assented to 25.6.2012. Date of commencement,
assent, sec 2.