Australian Capital Territory Current Acts

LIFETIME CARE AND SUPPORT (CATASTROPHIC INJURIES) ACT 2014

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  
   6.      Application of Act  

   PART 2--PURPOSE AND IMPORTANT CONCEPTS

   7.      Purpose of Act  
   8.      Terms used in other Acts  
   9.      Meaning of treatment and care needs etc  

   PART 3--LTCS COMMISSIONER

   10.     Appointment of LTCS commissioner  
   11.     Functions of LTCS commissioner  
   12.     Delegation by LTCS commissioner  
   13.     LTCS commissioner's staff  
   14.     Use of consultants and contractors  

   PART 4--PARTICIPATION IN LTCS SCHEME

   15.     Participation in LTCS scheme—eligibility  
   16.     LTCS scheme—initial application to participate  
   17.     LTCS scheme—authorisation for LTCS commissioner to obtain  
   18.     LTCS scheme—guidelines for applications  
   19.     LTCS scheme—acceptance as participant  
   20.     LTCS scheme—interim participation  
   21.     LTCS scheme—application for lifetime participation  
   22.     Effect of LTCS scheme on motor accident claims etc  
   22A.    Effect of LTCS scheme on workers compensation claims etc  

   PART 5--TREATMENT AND CARE NEEDS ASSESSMENT

   23.     Assessment of participant's treatment and care needs  
   24.     Effect of assessment  
   25.     LTCS commissioner not liable for legal costs for assessment  
   26.     Co-operation of participant  
   27.     Treatment and care needs assessment—LTCS guidelines  
   28.     Request for treatment and care needs assessment  

   PART 6--PAYMENTS UNDER LTCS SCHEME

   29.     Definitions  
   30.     Payment of participants assessed treatment and care needs  
   30A.    Periodic payment—overseas participant  
   30B.    Lump sum payment—foreign national participant  
   31.     Payment not required in certain circumstances  
   32.     Approved providers  

   PART 7--DISPUTE RESOLUTION

           Division 7.1--Disputes about eligibility

   33.     Definitions—div 7.1  
   34.     Dispute about eligibility  
   35.     Eligibility dispute—convening assessment panel  
   36.     Eligibility disputes—appointment of eligibility assessors  
   37.     Eligibility dispute—determination by assessment panel  
   38.     Eligibility assessment panel—review of decision  
   39.     Eligibility review panel  
   40.     Decision under this division binding  
   41.     LTCS commissioner liable for costs of assessment  
   42.     LTCS commissioner not liable for legal costs for decision or  
   43.     Procedures for disputes about eligibility—LTCS guidelines  
   44.     LTCS commissioner monitoring and oversight  

           Division 7.2--Disputes about injuries

   45.     Definitions—div 7.2  
   46.     Appointment of claims assessors and principal claims assessor  
   47.     Dispute about injury—application  
   48.     Dispute about injury—referral to principal claims assessor  
   49.     Dispute about injury—review panel  
   50.     Dispute about injury—reasonable legal costs  
   51.     Dispute about injury—maximum legal costs  
   52.     Dispute about injury—legal costs not payable  
   53.     Inconsistency between Act and Legal Profession Act 2006  

           Division 7.3--Disputes about treatment and care needs assessments

   54.     Definitions—div 7.3  
   55.     Dispute about LTCS commissioner's assessment  
   56.     Assessment dispute—referral to assessor  
   57.     Appointment of treatment and care assessors  
   58.     Treatment and care assessor's decision—LTCS guidelines  
   59.     Treatment and care assessor—cooperation of participant etc  
   60.     Treatment and care assessor's determination—certificate  
   61.     Treatment and care assessor's determination—review  
   62.     Review by treatment and care review panel  
   63.     Review panel procedure—LTCS guidelines  
   64.     Assessed treatment and care to be revised  
   65.     LTCS commissioner not liable for legal costs for dispute or  

   PART 8--COMMUNICATING WITH INJURED PERSON OR LTCS PARTICIPANT

   66.     Contacting injured person or LTCS participant  
   66A.    Contacting former LTCS interim participant  
   67.     Contacting participant's legal representative  

   PART 9--PAYMENTS TO HOSPITALS, DOCTORS AND OTHERS

   68.     Definitions—pt 9  
   69.     Bulk billing arrangements for hospital, ambulance and other  
   70.     Payment of hospital, ambulance, medical and other expenses not covered by bulk billing  
   71.     Maximum amount payable for certain treatment and services  

   PART 10--ADMINISTRATION OF LTCS SCHEME

           Division 10.1--Funding the LTCS scheme

   72.     Definitions—div 10.1  
   73.     Meaning of contribution period—div 10.1  
   74.     Lifetime Care and Support Fund  
   75.     LTCS fund directorate  
   76.     LTCS fund banking accounts  
   77.     Closure of LTCS fund banking accounts  
   78.     Appropriation of certain amounts for LTCS fund  
   79.     Payments from LTCS fund banking accounts  
   80.     Investment of amounts in LTCS fund banking accounts  
   81.     LTCS fund investment guidelines  
   82.     Returns on amounts of LTCS levy  
   83.     Determination of amounts to be contributed to LTCS fund  
   83A.    Determination of amount to be contributed to LTCS fund—motor accidents involving ACT  
   83B.    Contributions to fund by ACTIA  
   84.     Determination of LTCS levy  
   84A.    Determination of LTCS levy—motor accident injuries  
   84B.    Determination of LTCS levy—work injuries  
   84C.    Notice of LTCS levy—work injuries  
   85.     Contributions to fund by MAI policy holders  
   86.     Cancellation of LTCS levy  
   87.     Refund of LTCS levy  

           Division 10.2--Recovery of lifetime care and support payments

   88.     Meaning of present value of treatment and care liabilities—div  
   89.     Recovery of LTCS payments—entitlement  
   90.     Recovery of LTCS payments from responsible person or driver  
   90A.    Recovery of LTCS payments from uninsured employer  
   91.     Recovery of LTCS payments from other person  
   92.     Recovery of LTCS payments—evidentiary certificate  

   PART 11--MISCELLANEOUS

   93.     LTCS guidelines  
   94.     Exchange of information  
   95.     Protection of assessors from liability  
   96.     Disapplication of Civil Law (Wrongs) Act 2002  
   97.     Determination of fees  
   98.     Approved forms  
   99.     Regulation-making power  
           DICTIONARY
           ENDNOTES