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NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - SECT 41
Notice about right to treatment, care and support damages
41 Notice about right to treatment, care and support damages
(1) The participant must give a notice to the agency and the insurer stating
whether or not the participant wants to preserve any right the participant may
have to be awarded treatment, care and support damages under a final judgment
of a court or a binding settlement.
(2) A notice given under subsection (1)
stating that the participant wants to preserve any right the participant may
have to be awarded treatment, care and support damages is a
"preservation notice" .
(3) The participant must give a notice under
subsection (1)— (a) if the claim is made after the participant is accepted
as a lifetime participant—within 14 days after the participant is given, or
is entitled to be given, a notice under the Insurance Act, section 39(1) or
(2) ; or
(b) if the claim is made before the participant is accepted as a
lifetime participant—within 14 days after the participant is given notice of
the participant’s acceptance into the scheme as a lifetime participant.
(4)
However, a notice may be given after the period stated in subsection (3), but
before a final judgment is given, or a settlement is made, in relation to the
claim, if— (a) the insurer and the agency agree to the notice being given;
and
(b) for a claim that is the subject of a proceeding before a court—the
court orders that the notice may be given.
(5) If the agency considers the
participant is a person under a legal disability, the agency must apply to the
court for an order sanctioning a notice given under subsection (1).
(6)
Subsections (7) and (8) apply if the court considers the participant is a
person under a legal disability.
(7) The court— (a) must decide whether or
not to sanction the notice; and
(b) may order that the participant, or a
person acting for the participant, give a new notice under subsection (1); and
(c) may make any other order the court considers appropriate.
(8) If the
participant is an adult, the court may exercise all the powers of QCAT under
the Guardianship and Administration Act 2000, chapter 3 .
(9) If the court
exercises a power mentioned in subsection (8), the
Guardianship and Administration Act 2000 , section 245(3) to (6) applies in
relation to the exercise of the power as if the court were acting under
section 245(2) of that Act.
(10) This section is subject to section .
(11)
In this section—
"court" means— (a) if a proceeding in relation to the claim has been brought
in the District Court or the Supreme Court—the court hearing the proceeding;
or
(b) otherwise—the District Court or the Supreme Court.
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