Australian Capital Territory Numbered Regulations

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MOTOR ACCIDENT INJURIES (PREMIUMS AND ADMINISTRATION) AMENDMENT REGULATION 2020 (NO 1) (NO 11 OF 2020) - REG 8

New parts 3A to 3C

insert

Part 3A     Quality of life benefits

13A     WPI taken to be 10% in certain circumstances—prescribed requirements—Act, s 133 (1) (b) (i)

The injured person must—

        (a)     have a current recovery plan under which the injured person requires ongoing treatment and care; and

        (b)     be undergoing treatment and care that has been approved by the relevant insurer in accordance with the Act.

Example—treatment and care that is ongoing

regular occupational therapy and speech pathology sessions

Note     Under the Act

, s 124, an injured person's recovery plan must state the treatment and care approved by the relevant insurer as reasonable and necessary treatment and care for the person.

Part 3B     Medical treatment

13B     Medical treatment—Act, s 221, def medical treatment

    (1)     Treatment provided by a health practitioner is prescribed, other than the following treatment:

        (a)     dental treatment not provided by a dentist registered as a dental specialist with the Dental Board of Australia;

        (b)     optometry other than post-operative treatment following surgery by a registered medical practitioner;

        (c)     paramedicine.

Note     Health practitioner —see the Legislation Act

, dictionary.
"Medical practitioner"—see the Legislation Act

, dictionary.

    (2)     In this section:

"Dental Board of Australia" means the National Health Practitioner Board continued for the dental health profession under the Health Practitioner Regulation National Law Regulation 2018

, section 4.

Part 3C     Motor accident claims

13C     Mandatory final offer accepted—costs—Act, s 266 (2)

If a mandatory final offer for at least $30 000 but not more than $50 000 is accepted, costs (including disbursements) must—

        (a)     be worked out on a party and party basis; and

        (b)     be paid by the insurer; and

        (c)     not exceed $5 000 AWE indexed.



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