Queensland Consolidated Acts

NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016

- As at 1 March 2023 
- Act 34 of 2016 

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1 - INTRODUCTION

   1.      Short title
   2.      Commencement

   PART 2 - PURPOSE AND APPLICATION

   3.      Purpose of Act and achieving purpose
   4.      Application of Act
   5.      Act binds all persons

   PART 3 - INTERPRETATION

   6.      Definitions
   7.      Meaning of prescribed vehicle
   8.      Meaning of treatment, care and support needs
   9.      Meaning of excluded treatment, care and support
   10.     When a claim is finalised
   11.     References in Act to particular terms

CHAPTER 2 - NATIONAL INJURY INSURANCE SCHEME, QUEENSLAND

   PART 1 - PRELIMINARY

   12.     Persons eligible to participate in scheme
   13.     Persons may buy into scheme in particular circumstances
   14.     Participants in scheme
   15.     Necessary and reasonable treatment, care and support needs

   PART 2 - APPLICATION TO PARTICIPATE IN SCHEME

           Division 1 - Making application

   16.     Application for approval
   17.     When application may not be made
   18.     When person other than injured person may make application
   19.     Requirements for application
   20.     Notifying insurer about application
   21.     Information request

           Division 2 - Deciding application

   22.     Deciding application
   23.     Notice of decision
   24.     Failure to decide application

   PART 3 - ASSESSING NEEDS

           Division 1 - Preparing support plans

   25.     Assessment of participant’s needs for treatment, care and support
   26.     Making support plan
   27.     Amending support plan

           Division 2 - Service requests

   28.     Making service request
   29.     Information request
   30.     Assessing service request
   31.     Deciding service request
   32.     Failure to decide service request

   PART 4 - PAYMENTS

           Division 1 - Preliminary

   33.     About this part

           Division 2 - Funding agreements

   34.     Funding agreement

           Division 3 - Payment requests

   35.     Request for payment
   36.     Information request
   37.     Deciding payment request
   38.     Notice of decision
   39.     Failure to decide payment request

           Division 4 - Contribution by agency

   40.     Application of division
   41.     Notice about right to treatment, care and support damages
   42.     Liability of agency to contribute towards damages
   43.     Application to court for order
   44.     Acceptance of treatment, care and support damages

   PART 5 - REVIEWING PARTICIPATION

   45.     Reviewing participation of interim participant
   46.     Decision about review
   47.     Notice of review decision
   48.     Failure to make review decision

   PART 6 - PARTICIPANTS ABSENT FROM AUSTRALIA

   49.     Application of part
   50.     Participant must notify agency of absence
   51.     Reviewing support plan or service request approval
   52.     Suspending participation

   PART 7 - MISCELLANEOUS

   53.     Requirement to notify of claim
   54.     Electronic applications

CHAPTER 3 - NATIONAL INJURY INSURANCE AGENCY, QUEENSLAND

   PART 1 - ESTABLISHMENT, FUNCTIONS AND POWERS

           Division 1 - Establishment of agency

   55.     Establishment
   56.     Legal status
   57.     Relationship with State

           Division 2 - Functions and powers

   58.     Functions
   59.     General principles for performing functions
   60.     Agency may agree to perform functions of support entity
   61.     Powers
   62.     Performing functions and exercising powers outside Queensland

           Division 3 - Administration

   63.     Staff of agency
   64.     Delegation
   65.     Advisory committees

   PART 2 - (Repealed)

   PART 3 - CHIEF EXECUTIVE OFFICER

   81.     Appointment
   82.     Term of appointment
   83.     Conditions of appointment
   84.     Chief executive officer’s functions

   PART 4 - REPORTING AND ACCOUNTABILITY

           Division 1 - Application of financial Acts

   85.     Application of financial Acts

           Division 2 - Reporting generally

   86.     Quarterly reports
   87.     Chief executive officer to inform Treasurer of particular issues
   88.     Reporting to department

           Division 3 - Annual reports

   89.     Information to be included in annual report

           Division 4 - Strategic and operational plans

   90.     Relationship with Financial Accountability Act 2009
   91.     Draft strategic and operational plans
   92.     Modifications of strategic or operational plan

CHAPTER 4 - FUNDING OF SCHEME

   PART 1 - NATIONAL INJURY INSURANCE SCHEME FUND, QUEENSLAND

   93.     Establishment of fund
   94.     Payments from fund for public hospital services and emergency services
   95.     Transfer of funds from the nominal defendant fund
   96.     Payment of unearned insurer’s premiums

   PART 2 - FUND LEVY

   97.     Agency’s recommendation about levy
   98.     Commission’s recommendation about levy
   99.     Fixing levy

   PART 3 - RECOVERY OF AMOUNTS

   100.    Recovery in case of fraud
   101.    Recovery from persons in default
   102.    Recovery from insurer for interstate vehicles

CHAPTER 5 - ROLE OF THE COMMISSION

   103.    Commission’s functions
   104.    Information to be included in commission’s annual report

CHAPTER 6 - REVIEWS

   PART 1 - INTERNAL REVIEW

   105.    External review by QCAT starts with internal review
   106.    Who may apply for internal review
   107.    Requirements for making application
   108.    Information request
   109.    Internal review
   110.    Notice of internal review decision
   111.    Request for decision notice

   PART 2 - EXTERNAL REVIEWS

           Division 1 - Review by medical tribunal

              Subdivision 1 - Referral to medical tribunal

   112.    Request to refer medical matter to medical tribunal
   113.    Agency must refer medical matter
   114.    Constitution of medical tribunal
   115.    Power of medical tribunal to carry out or arrange examination

              Subdivision 2 - Proceedings of medical tribunal

   116.    Application of subdivision
   117.    Medical tribunal may request further information
   118.    Exchange of relevant documents before medical tribunal
   119.    Right to appear and be heard before medical tribunal
   120.    New medical information
   121.    Record keeping by medical tribunal
   122.    Deferral of decisions
   123.    Finality of medical tribunal’s decision
   124.    Decisions of medical tribunal
   125.    Protection from liability

              Subdivision 3 - Reviewing internal review decision

   126.    Agency must review internal review decision

           Division 2 - External review by QCAT

   127.    Who may apply for review by QCAT
   128.    Receiving or adopting things in other proceedings
   129.    Proceedings involving medical matters referred to medical tribunal

CHAPTER 7 - INFORMATION EXCHANGE

   130.    Information to be given to the commission
   131.    Agency may give personal information to particular entities

CHAPTER 8 - MISCELLANEOUS

   PART 1 - OFFENCES, EVIDENCE AND PROCEEDINGS

   132.    Offences involving fraud
   133.    False or misleading information
   134.    Offences against this Act
   135.    Statement of complainant’s knowledge

   PART 2 - OTHER PROVISIONS

   136.    Direction to agency or chief executive officer about functions and powers
   137.    Direction to agency or commission about alternative service delivery
   138.    (Expired)
   139.    Approved forms
   140.    Regulation-making power

CHAPTER 9 - TRANSITIONAL PROVISIONS

   PART 1 - TRANSITIONAL PROVISIONS FOR ACT NO. 34 OF 2016

   141.    Definition for part
   142.    Insurance commissioner is first board
   143.    Insurance commissioner is first chief executive officer
   144.    Agency’s first strategic and operational plans
   145.    Levy for the 2016-2017 financial year

   PART 2 - TRANSITIONAL PROVISIONS FOR QUEENSLAND FUTURE FUND (TITLES REGISTRY) ACT 2021

   146.    Dissolution of board
   147.    Existing chief executive officer
   148.    Insurance commissioner holds office as chief executive officer
   149.    References to approved forms
           SCHEDULE 1