New South Wales Consolidated Acts

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MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 84

Duty of insurer with respect to rehabilitation of injured person

84 Duty of insurer with respect to rehabilitation of injured person

(cf ss 37 (2) and (5), 38 MAA)

(1) An insurer (to the extent of the insurer's liability under a third-party policy or this Act) must do all such things as may, in accordance with Motor Accidents Medical Guidelines, be reasonable and necessary for the rehabilitation of an injured person, including--
(a) meeting the reasonable and necessary costs and expenses of travel and accommodation incurred by the person in order to obtain rehabilitation services, and
(b) if the injured person is under the age of 18 years, meeting the reasonable and necessary costs and expenses of travel and accommodation incurred by a parent or other carer of the injured person in order to accompany the injured person while he or she is obtaining rehabilitation services.
(2) In the provision of rehabilitation services, an insurer must, as far as practicable, ensure that those services are provided to an injured person as soon as possible after an admission of liability is made by the insurer.
(3) If rehabilitation services are provided to an injured person before an admission of liability is made by the insurer, the provision of those services is not to be taken to be an admission of liability.
(4) An insurer has no responsibility for the rehabilitation of an injured person whose claim has been settled or in relation to whom a judgment has been entered except as provided by the terms of any order referred to in section 143.
(5) It is a condition of an insurer's licence under Part 7.1 that the insurer must comply with this section.
(6) The regulations may prescribe a rate at which the cost of travel by any specified mode of transport is to be calculated for the purposes of the payment of travel costs under this section.



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