Queensland Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - SECT 149

Insertion of new ch 3, pt 2A

149 Insertion of new ch 3, pt 2A

After section 52—
insert—

Part 2A - Participants in national injury insurance scheme, Queensland

52A Definitions for part In this part—

"insurance agency" means the National Injury Insurance Agency, Queensland established under the National Injury Act .

"insurance scheme" means the national injury insurance scheme, Queensland established under the National Injury Act, chapter 2.

"motor accident" see the National Injury Act, section 4(1)(b).

"National Injury Act" means the National Injury Insurance Scheme (Queensland) Act 2016 .

"serious personal injury" see the National Injury Act, schedule 1.
52B Restriction on damages for participants in insurance scheme
(1) This section applies to the awarding of damages for personal injury resulting from a motor accident if the person suffering the injury is, or was, a participant in the insurance scheme in relation to a serious personal injury resulting from the motor accident.
(2) A court can not award damages in relation to the person’s treatment, care and support needs that—
(a) result from the personal injury; and
(b) arise, or arose, while the person is, or was, a participant in the insurance scheme.
(3) This section applies—
(a) whether or not the personal injury is a serious personal injury; and
(b) whether or not the treatment, care and support needs are an approved service for the person under the National Injury Act; and
(c) whether or not the insurance agency must, under that Act, make a payment in relation to the treatment, care and support needs; and
(d) whether or not the treatment, care and support is provided without charge.
(4) Also, this section applies subject to section .
(5) In this section—

"participant" , in the insurance scheme, see the National Injury Act , section (1).

"treatment, care and support needs" see the National Injury Act, section .
52C Damages if insurance agency is liable to contribute
(1) This section applies to a claim for personal injury damages against an insurer under the Motor Accident Insurance Act 1994 if—
(a) the personal injury resulted from a motor accident; and
(b) the person suffering the personal injury is a lifetime participant in the insurance scheme in relation to a serious personal injury resulting from the motor accident; and
(c) a court decides—
(i) the person is not guilty of contributory negligence in relation to the claim; or
(ii) the person is guilty of contributory negligence in relation to the claim and the damages that the person would be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by less than 50%; and
(d) the insurance agency is liable, under the National Injury Act, section , to contribute towards the insurer’s liability on the claim for treatment, care and support damages.
(2) The court may award treatment, care and support damages.
(3) However, if the court awards treatment, care and support damages, the court must not, in assessing the amount of the treatment, care and support damages, take into account any contributory negligence of the person.
(4) In this section—

"lifetime participant" see the National Injury Act, section (2).

"treatment, care and support damages" see the National Injury Act, schedule 1.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback