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MOTOR ACCIDENTS (LIFETIME CARE AND SUPPORT) ACT 2006
- As at 28 July 2021
- Act 16 of 2006
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Definitions
4. Application of Act
5. Interpretation-Motor Accidents Compensation Act 1999
5A. Treatment and care needs
PART 2 - PARTICIPATION IN SCHEME
6. (Repealed)
7. Eligibility for participation in the Scheme
7A. Persons injured before commencement of Scheme may “buy in”
7B. Persons injured in motor accidents occurring outside NSW may “buy in”
8. Application for participation in the Scheme
9. Acceptance as a participant
10. (Repealed)
11. Effect of Scheme on motor accident compensation claims and limitation periods
PART 2A - PAYMENTS UNDER SCHEME
11A. Assessed treatment and care needs of participants to be paid for by Authority
11AA. Option of contribution to other cost effective expenditure for meeting treatment and care needs
11B. Payment not required in certain circumstances
11C. Approved providers
PART 3 - DISPUTE RESOLUTION
Division 1 - Disputes about eligibility
12. Definitions
13. Appointment of assessors
14. Referral of disputes to Assessment Panel
15. Review of Assessment Panel’s determination
16. Determinations to be binding
17. Costs of assessment
18. No legal costs payable by Authority
19. Authority monitoring and oversight
Division 2 - Disputes about motor accident injury
20. Determination of disputes
21. Legal costs
PART 4 - TREATMENT AND CARE NEEDS ASSESSMENT
22. Definitions
23. Assessment of treatment and care needs of participants
24. Dispute about Authority’s assessment-determination by assessor
25. Review of assessor’s determination
26. Effect of assessment
27. Co-operation of participant
28. LTCS Guidelines
29. No legal costs payable for assessment or review
PART 5 - PAYMENTS TO HOSPITALS, DOCTORS AND OTHERS
30. Bulk billing arrangements for hospital, ambulance and other expenses
31. Payment of hospital, ambulance, medical and other expenses not covered by bulk billing arrangement
32. Maximum fees payable for medical treatment and other treatment or services not provided at hospitals or for treatment at private hospitals
PART 6 - ADMINISTRATION
Division 1 - Constitution of Authority
33. Constitution of Authority
34-36. (Repealed)
37. Financial year
Division 2 - Management of Authority
38. Ministerial directions
39. Chief executive of Authority
40. (Repealed)
41. Delegation of functions
42. Seal of Authority
Division 3 - Functions of Authority
43. Functions of Authority
43A. Functions of the Authority under other care and support schemes
Division 4 - (Repealed)
None
PART 7 - FUNDING OF THE SCHEME
47. Definitions
48. Lifetime Care and Support Authority Fund
48A. Separate accounting for care and support arrangements
49. Determination by Authority of amount to be contributed to Fund
50-53. (Repealed)
54. Recovery of lifetime care and support payments-uninsured and interstate vehicles and third party tortfeasors
55. (Repealed)
PART 8 - MISCELLANEOUS
56. No contracting out of Act
57. Act to bind Crown
58. LTCS Guidelines
59. Service of documents on Authority or Advisory Council
60. Exchange of information
61. (Repealed)
62. Protection of assessors
63. Regulations
64. Nature of proceedings for offences
65. (Repealed)
66. Auditor-General to report on Costing Study
67. Review of Act
68. (Repealed)
SCHEDULE 1
Schedule 2 (Repealed)
SCHEDULE 3
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