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New South Wales
Motor Accidents and Lifetime Care and
Support Schemes Legislation
Amendment Bill 2012
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Motor Accidents (Lifetime Care and Support)
Act 2006 No 16 3
Schedule 2 Amendment of Motor Accidents Compensation Act 1999
No 41 8
b2012-021-90.d36
New South Wales
Motor Accidents and Lifetime Care and
Support Schemes Legislation
Amendment Bill 2012
No , 2012
A Bill for
An Act to amend the Motor Accidents (Lifetime Care and Support) Act 2006 and the
Motor Accidents Compensation Act 1999 in relation to treatment and care needs; and
for other purposes.
Motor Accidents and Lifetime Care and Support Schemes Legislation
Clause 1 Amendment Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Motor Accidents and Lifetime Care and Support 3
Schemes Legislation Amendment Act 2012. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Motor Accidents and Lifetime Care and Support Schemes Legislation
Amendment Bill 2012
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
approved provider--see section 11C (2). 6
assessed treatment and care needs--see section 11A (2). 7
excluded treatment and care needs--see section 5A (2). 8
[2] Section 3 (1) 9
Omit "section 6" from the definition of treatment and care needs. 10
Insert instead "section 5A". 11
[3] Section 5A 12
Insert after section 5: 13
5A Treatment and care needs 14
(1) For the purposes of this Act, the treatment and care needs of a 15
participant in the Scheme are the participant's needs for or in 16
connection with any of the following: 17
(a) medical treatment (including pharmaceuticals), 18
(b) dental treatment, 19
(c) rehabilitation, 20
(d) ambulance transportation, 21
(e) respite care, 22
(f) attendant care services, 23
(g) aids and appliances, 24
(h) prostheses, 25
(i) education and vocational training, 26
(j) home and transport modification, 27
(k) workplace and educational facility modifications, 28
(l) such other kinds of treatment, care, support or services as 29
may be prescribed by the regulations under this paragraph. 30
(2) Despite subsection (1), the treatment and care needs of a 31
participant do not include any treatment, care, support or services 32
Page 3
Motor Accidents and Lifetime Care and Support Schemes Legislation
Amendment Bill 2012
Schedule 1 Amendment of Motor Accidents (Lifetime Care and Support) Act 2006 No 16
of a kind declared by the regulations to be excluded treatment 1
and care needs. 2
[4] Part 2, heading 3
Omit the heading. Insert instead: 4
Part 2 Participation in Scheme 5
[5] Sections 6 and 10 6
Omit the sections. 7
[6] Part 2A 8
Insert after Part 2: 9
Part 2A Payments under Scheme 10
11A Assessed treatment and care needs of participants to be paid for 11
by Authority 12
(1) The Authority is to pay for all of the reasonable expenses 13
incurred by or on behalf of a person in relation to the assessed 14
treatment and care needs of the person while the person is a 15
participant in the Scheme. 16
(2) The assessed treatment and care needs of a person who is a 17
participant in the Scheme are those treatment and care needs that 18
are assessed by the Authority, in its treatment and care needs 19
assessment, to be treatment and care needs that: 20
(a) are reasonable and necessary in the circumstances, and 21
(b) relate to the motor accident injury in respect of which the 22
person is a participant. 23
(3) No expenses are payable in respect of: 24
(a) excluded treatment and care needs, and 25
(b) treatment and care needs that are not assessed treatment 26
and care needs. 27
(4) As an alternative to paying the expenses for which it is liable 28
under this section as and when they are incurred, the Authority 29
may pay those expenses by the payment to the participant of an 30
amount to cover those expenses over a fixed period pursuant to 31
an agreement between the Authority and the participant for the 32
payment of those expenses by the participant. 33
Page 4
Motor Accidents and Lifetime Care and Support Schemes Legislation
Amendment Bill 2012
Amendment of Motor Accidents (Lifetime Care and Support) Act 2006 No 16 Schedule 1
(5) The LTCS Guidelines may make provision for or with respect to 1
determining which treatment and care needs of a participant in 2
the Scheme are reasonable and necessary in the circumstances 3
and relate to the motor accident injury in respect of which the 4
person is a participant. 5
11B Payment not required in certain circumstances 6
(1) The Authority is not required to make a payment in relation to the 7
following: 8
(a) any treatment, care, support or service provided to a 9
participant in the Scheme on a gratuitous basis (that is, 10
anything provided to a participant for which the participant 11
has not paid and is not liable to pay), 12
(b) any treatment, care, support or service that is required to be 13
provided by an approved provider but is provided by a 14
person who is not, at the time of the provision, an approved 15
provider. 16
(2) However, the Authority may elect to make a payment in relation 17
to any treatment, care, support or service referred to in 18
subsection (1) if the Authority is of the opinion that special 19
circumstances exist that justify such payment. 20
(3) The LTCS Guidelines may make provision for or with respect to 21
determining whether special circumstances exist that justify 22
payment in relation to any treatment, care, support or service 23
referred to in subsection (1). 24
(4) To avoid doubt, this section applies even if the treatment, care, 25
support or services concerned are provided in connection with the 26
provision of the assessed treatment and care needs of a 27
participant in the Scheme. 28
(5) This section has effect despite section 11A. 29
11C Approved providers 30
(1) The following treatment, care, support or services (provided in 31
connection with the provision of assessed treatment and care 32
needs of a participant in the Scheme) are to be provided only by 33
an approved provider of the treatment, care, support or service: 34
(a) attendant care services, 35
(b) any other treatment, care, support or services (other than 36
the services of a medical practitioner) identified in the 37
LTCS Guidelines as treatment, care, support or services 38
that are to be provided by an approved provider. 39
Page 5
Motor Accidents and Lifetime Care and Support Schemes Legislation
Amendment Bill 2012
Schedule 1 Amendment of Motor Accidents (Lifetime Care and Support) Act 2006 No 16
(2) An approved provider of a service is a person, or a person of a 1
class, approved by the Authority (or by any other person 2
specified in the LTCS Guidelines), in accordance with the LTCS 3
Guidelines, to provide the treatment, care, support or service 4
under the Scheme. 5
(3) The LTCS Guidelines may also make provision for or with 6
respect to the standards of competency of approved providers. 7
[7] Sections 48 (3) (a) and 49 (1) (a) 8
Omit "Part 2 (Care and support for Scheme participants)" wherever occurring. 9
Insert instead "Part 2A (Payments under Scheme)". 10
[8] Sections 49 (1) (b) and (c) and (2) and 54 (4) 11
Omit "Part 2" wherever occurring. Insert instead "Part 2A". 12
[9] Schedule 3 Savings, transitional and other provisions 13
Insert at the end of clause 1 (1): 14
Motor Accidents and Lifetime Care and Support Schemes 15
Legislation Amendment Act 2012 16
[10] Schedule 3, Part 3 17
Insert after Part 2: 18
Part 3 Provisions consequent on enactment of 19
Motor Accidents and Lifetime Care and 20
Support Schemes Legislation Amendment 21
Act 2012 22
3 General operation of amendments 23
(1) An amendment made to this Act by the Motor Accidents and 24
Lifetime Care and Support Schemes Legislation Amendment 25
Act 2012 (the amending Act) applies in relation to any claim 26
made on or after the relevant date, regardless of whether the 27
claim is made in relation to past or future treatment and care 28
needs. 29
(2) To avoid doubt, subclause (1) applies even if the motor accident 30
concerned occurred before the relevant date or the claim relates 31
to a person who was a participant in the Scheme before the 32
relevant date. 33
Page 6
Motor Accidents and Lifetime Care and Support Schemes Legislation
Amendment Bill 2012
Amendment of Motor Accidents (Lifetime Care and Support) Act 2006 No 16 Schedule 1
(3) In this clause: 1
claim means a claim within the meaning of the Motor Accidents 2
Compensation Act 1999 or a claim or request for payment in 3
relation to treatment and care needs made to a licensed insurer or 4
the Authority under this Act. 5
the relevant date means the date of introduction into Parliament 6
of the Bill for the amending Act. 7
4 Approved providers 8
An approval given by or on behalf of the Authority under 9
section 10 that was in force immediately before the omission of 10
that section, and the insertion of section 11C, by the Motor 11
Accidents and Lifetime Care and Support Schemes Legislation 12
Amendment Act 2012 is taken, on that omission and insertion, to 13
be an approval under section 11C. 14
Page 7
Motor Accidents and Lifetime Care and Support Schemes Legislation
Amendment Bill 2012
Schedule 2 Amendment of Motor Accidents Compensation Act 1999 No 41
Schedule 2 Amendment of Motor Accidents 1
Compensation Act 1999 No 41 2
[1] Section 27A Effect of Lifetime Care and Support Scheme payments 3
Omit "section 130A (No damages for expenses covered by Lifetime Care and 4
Support Scheme)". 5
Insert instead "section 141A (No damages relating to treatment and care needs 6
for Lifetime Care and Support Scheme participants)". 7
[2] Section 43A 8
Omit the section. Insert instead: 9
43A Application of Chapter to treatment and care needs covered by 10
Lifetime Care and Support Scheme 11
(1) This Chapter does not apply in respect of any treatment and care 12
needs of a person who is a participant in the Scheme under the 13
Motor Accidents (Lifetime Care and Support) Act 2006, or any 14
excluded treatment and care needs, that relate to the motor 15
accident injury in respect of which the person is a participant in 16
the Scheme and that arise during the period in which the person 17
is a participant in the Scheme. 18
(2) This section applies: 19
(a) whether or not the treatment and care needs are assessed 20
treatment and care needs under the Motor Accidents 21
(Lifetime Care and Support) Act 2006, and 22
(b) whether or not the Lifetime Care and Support Authority is 23
required to make a payment in respect of the treatment and 24
care needs concerned, and 25
(c) whether or not the treatment, care, support or service 26
(provided in connection with treatment and care needs) is 27
provided on a gratuitous basis. 28
(3) In this section, treatment and care needs and excluded treatment 29
and care needs have the same meanings as they have in the 30
Motor Accidents (Lifetime Care and Support) Act 2006. 31
[3] Section 128 32
Renumber as section 141B and insert after section 141A (as inserted by 33
Schedule 2 [7]) with the heading "Maximum amount of damages for 34
provision of certain attendant care services". 35
Page 8
Motor Accidents and Lifetime Care and Support Schemes Legislation
Amendment Bill 2012
Amendment of Motor Accidents Compensation Act 1999 No 41 Schedule 2
[4] Section 129 1
Renumber as section 141C and insert after section 141B (as inserted by 2
Schedule 2 [3]) with the heading "Respite care". 3
[5] Section 130A No damages for expenses covered by Lifetime Care and 4
Support Scheme 5
Omit the section. 6
[6] Sections 137 (2) and 142 (3) 7
Omit "section 128" wherever occurring. Insert instead "section 141B". 8
[7] Section 141A 9
Insert after section 141: 10
141A No damages relating to treatment and care needs for Lifetime Care 11
and Support Scheme participants 12
(1) No damages may be awarded to a person who is a participant in 13
the Scheme under the Motor Accidents (Lifetime Care and 14
Support) Act 2006 in respect of any of the treatment and care 15
needs of the participant, or any excluded treatment and care 16
needs, that relate to the motor accident injury in respect of which 17
the person is a participant in the Scheme and that arise during the 18
period in which the person is a participant in the Scheme. 19
(2) This section applies: 20
(a) whether or not the treatment and care needs are assessed 21
treatment and care needs under the Motor Accidents 22
(Lifetime Care and Support) Act 2006, and 23
(b) whether or not the Lifetime Care and Support Authority is 24
required to make a payment in respect of the treatment and 25
care needs concerned, and 26
(c) whether or not the treatment, care, support or service 27
(provided in connection with treatment and care needs) is 28
provided on a gratuitous basis. 29
(3) In this section, treatment and care needs and excluded treatment 30
and care needs have the same meanings as they have in the 31
Motor Accidents (Lifetime Care and Support) Act 2006. 32
[8] Schedule 5 Savings, transitional and other provisions 33
Insert at the end of clause 2 (1): 34
Motor Accidents and Lifetime Care and Support Schemes 35
Legislation Amendment Act 2012 36
Page 9
Motor Accidents and Lifetime Care and Support Schemes Legislation
Amendment Bill 2012
Schedule 2 Amendment of Motor Accidents Compensation Act 1999 No 41
[9] Schedule 5, Part 10 1
Insert after Part 9: 2
Part 10 Provisions arising from Motor Accidents 3
and Lifetime Care and Support Schemes 4
Legislation Amendment Act 2012 5
40 General operation of amendments 6
(1) An amendment made to this Act by the Motor Accidents and 7
Lifetime Care and Support Schemes Legislation Amendment 8
Act 2012 (the amending Act) applies in relation to any claim 9
made on or after the relevant date, regardless of whether the 10
claim is made in relation to past or future treatment and care 11
needs. 12
(2) To avoid doubt, subclause (1) applies even if the motor accident 13
concerned occurred before the relevant date or the claim relates 14
to a person who was a participant in the Scheme under the Motor 15
Accidents (Lifetime Care and Support) Act 2006 before the 16
relevant date. 17
(3) In this clause: 18
claim includes a claim or request for payment in relation to 19
treatment and care needs made to a licensed insurer or the 20
Lifetime Care and Support Authority under the Motor Accidents 21
(Lifetime Care and Support) Act 2006. 22
the relevant date means the date of introduction into Parliament 23
of the Bill for the amending Act. 24
Page 10
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