2014
2014
2014-11-20
act
government
publicspecial
act.reprint
allinforce
2014-10-22
2014-10-22
0
2014-11-20
act-1987-015
2014
none
act-2014-077
d303cdde-6aa3-4fa1-8b58-46ef720a69cf
0362e19f-ca39-4982-973c-64411d601ea6
Repeal:
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 20.11.2014.
An Act to amend the Motor
Accidents (Lifetime Care and Support) Act 2006 to make
further provision for the treatment and care needs of participants in the
Scheme under that Act and for the functions of the Lifetime Care and Support
Authority.
1Name of
Act
This Act is the Motor Accidents
(Lifetime Care and Support) Amendment Act
2014.
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
11AA
Insert after section 11A:
11AAOption of contribution to
other cost effective expenditure for meeting treatment and care
needs
(1)
The Authority has the option of satisfying its
liability under this Part to pay for expenses incurred in relation to a
participant’s assessed treatment and care needs by contributing to
alternative expenditure (incurred by or on behalf of the participant) that the
Authority is satisfied will provide for those needs in a cost effective
manner.
(2)
The Authority’s contribution to alternative
expenditure is limited to the amount of a reasonable contribution to that
expenditure and is not to exceed the amount for which the Authority would
otherwise have been liable under this Part to pay for expenses incurred in
relation to a participant’s assessed treatment and care
needs.
(3)
An assessment of the option of contributing to
alternative expenditure under this section is part of the assessment of the
treatment and care needs of a participant in the Scheme.
Note—
Because an assessment of this option is part of
the assessment of the treatment and care needs of a participant, Part 4 and
the LTCS Guidelines extend to an assessment of that
option.
[2]Section 41 Delegation of
functions
Insert “, including any function provided
for by a care and support arrangement under section 43A” after
“delegation)” in section 41 (1).
[3]Section
43A
Insert after section 43:
43AFunctions of the Authority
under other care and support schemes
(1)
The Authority may, with the approval of the
Minister and the Treasurer, enter into an arrangement (a care and
support arrangement) that provides for the Authority to
exercise all or specified functions of a relevant authority under a care and
support scheme that is prescribed by the regulations for the purposes of this
section.
(2)
A care and support arrangement is to be entered
into by agreement between the Authority and the relevant authority concerned
and can include provision for or with respect to any matter that is necessary
or convenient in connection with the conferring of functions on the Authority
including (without limitation) any of the following matters:
(a)
the manner in which the Authority is to exercise
functions under the arrangement,
(b)
the administrative arrangements for the exercise
of functions under the arrangement, including funding
arrangements,
(c)
the sharing of information between the Authority
and the relevant authority in connection with the operation of the arrangement
and the exercise of functions under the arrangement,
(d)
such other matters as may be prescribed by the
regulations.
(3)
The Authority has the functions provided for by a
care and support arrangement entered into under this section and is to
exercise those functions in accordance with the arrangement. Functions
exercised by the Authority under a care and support arrangement are exercised
for and on behalf of the relevant authority.
(4)
A care and support arrangement can provide for
the exercise of functions by the Authority outside the
State.
(5)
In this section:
care and
support scheme means a law of the State or of another State
or Territory or of the Commonwealth that makes provision for:
(a)
a scheme that is substantially the same as or
similar to the Scheme under this Act, or
(b)
a scheme for the payment of compensation or the
provision of other care and support to persons who have suffered injury
(whether or not caused by a motor accident).
relevant
authority means a person or body that has functions under a
care and support scheme (including functions under a contract of insurance
required or provided for by a care and support
scheme).
[4]Section
48A
Insert after section 48:
48ASeparate accounting for care
and support arrangements
(1)
Each care and support arrangement is to have a
separate account established for it within the Fund.
(2)
Amounts payable to or by the Authority under a
care and support arrangement are to be accounted for separately within the
Fund by being paid into or from the separate account established for the
arrangement.
(3)
A liability of the Authority under a care and
support arrangement is not a liability of the Fund except to the extent that
the liability can be satisfied out of money standing to the credit of the
separate account established for the arrangement within the
Fund.
(4)
Accordingly, an amount required to be paid under
a care and support arrangement can only be paid from the separate account
established for the arrangement but this does not prevent the use of other
money in the Fund for the payment of such an amount pursuant to the provision
of temporary financial accommodation (including by the making of an advance to
the separate account established for the arrangement) that is repaid from the
separate account.
(5)
The Authority is to have no regard to a liability
of the Authority under a care and support arrangement in making a
determination under section 49 (Determination by Authority of amount to be
contributed to Fund).
(6)
In this section:
care and
support arrangement means a care and support arrangement
entered into under section 43A.
Historical
notes
Table of amending
instruments
Motor Accidents
(Lifetime Care and Support) Amendment Act 2014 No 77.
Assented to 19.11.2014. Date of commencement, assent, sec
2.