New South Wales Consolidated Acts

MOTOR ACCIDENTS (LIFETIME CARE AND SUPPORT) ACT 2006 - SECT 7A

7A Persons injured before commencement of Scheme may "buy in"

(1) A person who has suffered a motor accident injury as a result of a motor accident occurring before the relevant Scheme commencement date (a
"pre-commencement injury" ) may be accepted as a lifetime participant in the Scheme if the person pays to the Authority, for payment into the Fund, a contribution determined by the Authority.

(2) The contribution is to be the amount that the Authority determines as the amount required to fund the treatment and care needs of the person as a lifetime participant in the Scheme in respect of the injury.

(3) A person is eligible to participate in the Scheme in respect of a pre-commencement injury only if the person would have been eligible to participate in the Scheme--

(a) had the motor accident occurred immediately after the relevant Scheme commencement date, and

(b) if the person has been awarded damages in respect of the injury--had those damages not been awarded.

(4) An application for a person to become a participant in the Scheme in respect of a pre-commencement injury cannot be made by an insurer.

(5) The LTCS Guidelines may make provision for or with respect to how a person's contribution for participation in the Scheme in respect of a pre-commencement injury is to be determined.