New South Wales Consolidated Acts

MOTOR ACCIDENTS (LIFETIME CARE AND SUPPORT) ACT 2006 - SECT 48A

48A Separate accounting for care and support arrangements

(1) Each care and support arrangement is to have a separate account established for it within the Fund.

(2) Amounts payable to or by the Authority under a care and support arrangement are to be accounted for separately within the Fund by being paid into or from the separate account established for the arrangement.

(3) A liability of the Authority under a care and support arrangement is not a liability of the Fund except to the extent that the liability can be satisfied out of money standing to the credit of the separate account established for the arrangement within the Fund.

(4) Accordingly, an amount required to be paid under a care and support arrangement can only be paid from the separate account established for the arrangement but this does not prevent the use of other money in the Fund for the payment of such an amount pursuant to the provision of temporary financial accommodation (including by the making of an advance to the separate account established for the arrangement) that is repaid from the separate account.

(5) The Authority is to have no regard to a liability of the Authority under a care and support arrangement in making a determination under section 49 (Determination by Authority of amount to be contributed to Fund).

(6) In this section--

"care and support arrangement" means a care and support arrangement entered into under section 43A.