South Australian Current Acts South Australian Current Acts24—Eligibility for participation in Scheme
(1) A person is
eligible to be a participant in the Scheme if—
(a) the
person suffers a bodily injury; and
(b) the
injury was caused by or arose out of the use of a motor vehicle; and
(c) the
relevant motor vehicle accident occurred in South Australia; and
(d) the
coverage of this Act is not excluded under subsection (5); and
(e) the
injury suffered by the person satisfies the criteria specified by the
LSS Rules for eligibility for the Scheme provided by this Act.
(2) Participation in
the Scheme may be as a lifetime participant or as an interim participant and,
for that purpose, the LSS Rules are to establish criteria for eligibility
for lifetime participation and criteria for eligibility for interim
participation in the Scheme.
(3) A person is not
eligible to be a participant in the Scheme in relation to an injury if the
person has been awarded damages, pursuant to a final judgment entered by a
court or a binding settlement, in respect of the future treatment, care and
support needs of the person that relate to the injury.
(4) Subsection (3)
does not apply to a person who has applied to be accepted into the Scheme
under section 6.
(5) For the purposes
of subsection (1), the coverage of this Act is excluded in relation
to—
(a) a
motor vehicle injury suffered by a participant in a road race; or
(b) a
motor vehicle injury that is also a work injury under the Return to Work
Act 2014 (other than to such extent as applies under section 55).