New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Motor Accidents (Lifetime Care and
Support) Amendment Bill 2009
No , 2009
A Bill for
An Act to amend the Motor Accidents (Lifetime Care and Support) Act 2006 to
enable certain people who were injured before the commencement of the Lifetime
Care and Support Scheme to buy into the Scheme and to extend the period of interim
participation in the Scheme in the case of young children; and for other purposes.
Clause 1 Motor Accidents (Lifetime Care and Support) Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Motor Accidents (Lifetime Care and Support) 3
Amendment Act 2009. 4
2 Commencement 5
(1) Except as provided by subsection (2), this Act commences on the date 6
of assent to this Act. 7
(2) Schedule 1 [1]-[3] and [5] commence on a day or days to be appointed 8
by proclamation. 9
Page 2
Motor Accidents (Lifetime Care and Support) Amendment Bill 2009
Amendment of Motor Accidents (Lifetime Care and Support) Act 2006 No 16 Schedule 1
Schedule 1 Amendment of Motor Accidents 1
(Lifetime Care and Support) Act 2006 2
No 16 3
[1] Section 3 Definitions 4
Insert in alphabetical order in section 3 (1): 5
relevant Scheme commencement date, with respect to a person 6
who has suffered motor accident injuries, means: 7
(a) 1 October 2006 if the person was under 16 years of age at 8
the time of the motor accident that caused the injuries, or 9
(b) 1 October 2007 in any other case. 10
[2] Section 4 Application of Act 11
Omit section 4 (1). Insert instead: 12
(1) This Act applies only in respect of motor accident injuries 13
suffered by a person as a result of a motor accident occurring on 14
or after the relevant Scheme commencement date. 15
Note. Section 7A provides for a limited exception to this provision. 16
[3] Section 7A 17
Insert after section 7: 18
7A Persons injured before commencement of Scheme may "buy in" 19
(1) A person who has suffered a motor accident injury as a result of 20
a motor accident occurring before the relevant Scheme 21
commencement date (a pre-commencement injury) may be 22
accepted as a lifetime participant in the Scheme if the person pays 23
to the Authority, for payment into the Fund, a contribution 24
determined by the Authority. 25
(2) The contribution is to be the amount that the Authority 26
determines as the amount required to fund the treatment and care 27
needs of the person as a lifetime participant in the Scheme in 28
respect of the injury. 29
(3) A person is eligible to participate in the Scheme in respect of a 30
pre-commencement injury only if the person would have been 31
eligible to participate in the Scheme: 32
(a) had the motor accident occurred immediately after the 33
relevant Scheme commencement date, and 34
(b) if the person has been awarded damages in respect of the 35
injury--had those damages not been awarded. 36
Page 3
Motor Accidents (Lifetime Care and Support) Amendment Bill 2009
Schedule 1 Amendment of Motor Accidents (Lifetime Care and Support) Act 2006 No 16
(4) An application for a person to become a participant in the Scheme 1
in respect of a pre-commencement injury cannot be made by an 2
insurer. 3
(5) The LTCS Guidelines may make provision for or with respect to 4
how a person's contribution for participation in the Scheme in 5
respect of a pre-commencement injury is to be determined. 6
[4] Section 9 Acceptance as a participant 7
Omit section 9 (5). Insert instead: 8
(5) A person 3 years of age or over who is accepted as an interim 9
participant remains an interim participant for a period of 2 years 10
only. 11
(5A) A person under 3 years of age who is accepted as an interim 12
participant remains an interim participant until the person is 13
5 years of age. 14
(5B) If a person who is an interim participant is accepted as a lifetime 15
participant, the person ceases to be an interim participant on that 16
acceptance and then remains a participant for life. 17
[5] Section 54 Recovery of lifetime care and support payments--uninsured 18
and interstate vehicles and third party tortfeasors 19
Insert after section 54 (10): 20
(11) This section does not permit the Authority to recover the present 21
value of its treatment and care liabilities in respect of injuries to 22
a participant in the Scheme if the participant paid an amount to 23
the Authority under section 7A (1) in respect of those injuries. 24
[6] Section 65 Consequential amendments of Motor Accidents 25
Compensation Act 1999 No 41 26
Omit the section. 27
Page 4
Motor Accidents (Lifetime Care and Support) Amendment Bill 2009
Amendment of Motor Accidents (Lifetime Care and Support) Act 2006 No 16 Schedule 1
[7] Schedule 3 1
Omit the Schedule. Insert instead: 2
Schedule 3 Savings, transitional and other 3
provisions 4
Part 1 Preliminary 5
1 Savings and transitional regulations 6
(1) The regulations may contain provisions of a savings or 7
transitional nature consequent on the enactment of the following 8
Acts: 9
this Act 10
Motor Accidents (Lifetime Care and Support) Amendment 11
Act 2009 12
(2) Any such provision may, if the regulations so provide, take effect 13
on the date of assent to the Act concerned or a later date. 14
(3) To the extent to which any such provision takes effect on a date 15
that is earlier than the date of its publication on the NSW 16
legislation website, the provision does not operate so as: 17
(a) to affect, in a manner prejudicial to any person (other than 18
the State or an authority of the State), the rights of that 19
person before the date of its publication, or 20
(b) to impose liabilities on any person (other than the State or 21
an authority of the State) in respect of anything done or 22
omitted to be done before the date of its publication. 23
Page 5
Motor Accidents (Lifetime Care and Support) Amendment Bill 2009
Schedule 1 Amendment of Motor Accidents (Lifetime Care and Support) Act 2006 No 16
Part 2 Provisions consequent on enactment of 1
Motor Accidents (Lifetime Care and 2
Support) Amendment Act 2009 3
2 Interim participation 4
Section 9 (5A) and (5B), as inserted by the Motor Accidents 5
(Lifetime Care and Support) Amendment Act 2009, extend to a 6
person who: 7
(a) on the commencement of those subsections is an interim 8
participant, and 9
(b) was younger than 3 years of age at the time the person 10
became an interim participant. 11
Page 6
[Index] [Search] [Download] [Related Items] [Help]