Queensland Numbered Acts

NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - SECT 42

42 Liability of agency to contribute towards damages

(1) If the participant gives a preservation notice, the agency is liable to contribute towards the insurer’s liability, if any, on the claim for treatment, care and support damages.

Notes—

1 For the awarding of damages in relation to a participant’s treatment, care and support needs, see the Civil Liability Act 2003 , chapter 3, part 2A.

2 For the role of the agency in relation to a claim that the agency is liable to contribute towards, see the Insurance Act, part 4, division 8.

(2) However, the agency stops being liable to contribute if—

(a) a court decides, or the parties to the claim agree by way of settlement, that—

(i) the participant is guilty of contributory negligence in relation to the claim; and

(ii) the damages that the participant would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more; or

(b) a court decides, under section (7), not to sanction the preservation notice; or

(c) a court makes an order, under section , preventing the participant from being awarded treatment, care and support damages; or

(d) for a participant other than a participant whose preservation notice has been sanctioned by a court—the participant, by notice to the agency and the insurer, withdraws the preservation notice.

(3) In this section—

"party" , to the claim, includes the agency.