Queensland Numbered Acts

NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - SECT 161

161 Amendment of s 42 (Payment of medical expenses etc.)

(1) Section 42—
insert—

(2A) However, the insurer is not required to make a payment in relation to the claimant’s treatment, care and support needs as a result of the injury if—

(a) the claimant is, when the needs arise, a participant in the injury insurance scheme in relation to a serious personal injury resulting from the motor vehicle accident the subject of the claim; or

(b) the needs arise after an amount is paid to the claimant, or a person acting for the claimant, under the National Injury Act, section (3)(a) in relation to a personal injury resulting from the motor vehicle accident the subject of the claim.

(2B) Subsection (3) applies—

(a) whether or not the injury the subject of the claim is a serious personal injury; and

(b) whether or not the treatment, care and support needs are an approved service for the claimant 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.

(2) Section 42(2A) to (3)—
renumber as section 42(3) to (5).