Queensland Numbered Acts

NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - SECT 44

44 Acceptance of treatment, care and support damages

(1) This section applies if—

(a) the participant is awarded treatment, care and support damages under a final judgment of a court or a binding settlement; and

(b) the agency is liable, under section , to contribute towards the insurer’s liability on the claim for treatment, care and support damages.

(2) The participant must, within the acceptance period, give notice to the agency and the insurer stating whether or not the participant accepts the awarded treatment, care and support damages.

(3) If the participant states in the notice given under subsection (2) that the participant accepts the awarded treatment, care and support damages—

(a) the agency must pay to the participant the amount of the awarded treatment, care and support damages, less any amount that relates to the period of the participant’s participation in the scheme; and

(b) the participant stops being a participant in the scheme when the participant receives the payment under paragraph (a); and

(c) despite the final judgment of the court or the terms of the binding settlement—

(i) the insurer is not liable to pay to the participant the amount of the awarded treatment, care and support damages; and

(ii) the agency is not liable to pay to the participant any amount of the awarded treatment, care and support damages that relates to the period of the participant’s participation in the scheme.

(4) Subsection (5) applies if the participant gives a notice under subsection (2) stating that the participant does not accept the awarded treatment, care and support damages.

(5) Despite the final judgment of the court or the terms of the binding settlement, neither the agency nor the insurer is liable to pay the amount of the awarded treatment, care and support damages.

(6) For this section, a payment of an amount of damages is taken to have been paid to, or received by, the participant if the payment is paid to, or received by, a person who may lawfully receive the payment for the participant.

(7) This section applies despite the Civil Proceedings Act 2011 , part 13.

(8) In this section—

"acceptance period" means—

(a) if the binding settlement or final judgment under which the treatment, care and support damages are awarded must, under another Act, be sanctioned by a court or the public trustee—the period of 14 days after the sanction is given; or

(b) if the treatment, care and support damages are awarded under a binding settlement and paragraph (a) does not apply—the period of 14 days after the settlement is made; or

(c) if the treatment, care and support damages are awarded under a final judgment of a court and paragraph (a) does not apply—the period of 14 days after the period for lodging an appeal against the judgment ends.