Western Australian Current Acts Western Australian Current Acts (1) In this Act
—
CISS means the scheme provided for in the MVWA(CI)
Act for the lifetime care and support of certain people catastrophically
injured in motor vehicle accidents or workplace accidents;
interim participant means a person who under the
MVWA(CI) Act is an interim participant in the CISS;
lifetime participant means a person who under the
MVWA(CI) Act is a lifetime participant in the CISS;
MVWA(CI) Act means the
Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Act 2016 ;
treatment, care and support needs means —
(a)
treatment, care and support needs, as defined in the MVWA(CI) Act section
3(1); and
(b)
excluded treatment, care and support needs, as defined in that section.
(2) If a term used in
this section (other than a term defined in subsection (1)) is given a meaning
in the MVWA(CI) Act section 3(1), it has the same meaning in this section.
(3) Without limiting
the definition of treatment, care and support needs in subsection (1), it
includes gratuitous services of a domestic nature or gratuitous services
relating to nursing and attendance provided, or to be provided, to a person by
a member of the same household or family as the person.
(4) Subsection (5)
applies to the awarding of damages in respect of a motor vehicle injury or
workplace injury suffered by a person if the person is a participant in the
CISS in respect of the injury.
(5) No damages can be
awarded to the person in respect of any treatment, care and support needs of
the person that relate to the motor vehicle injury or workplace injury and
that —
(a) have
arisen during the period in respect of which the person is a participant in
the CISS; or
(b) will
or may arise in future.
(6) If the person is
an interim participant, it must be assumed for the purposes of subsection (5)
that the person will become a lifetime participant in respect of the injury.
(7) Subsection (8)
applies to the awarding of damages in respect of a motor vehicle injury or
workplace injury suffered by a person if the person —
(a) has
ceased to be an interim participant in respect of the injury; and
(b) has
not become a lifetime participant in respect of the injury.
(8) No damages can be
awarded to the person in respect of any treatment, care and support needs of
the person that relate to the motor vehicle injury or workplace injury and
that arose during the period in respect of which the person was an interim
participant.
(9) Subsections (5)
and (8) apply —
(a)
whether or not the treatment, care and support needs are assessed treatment,
care and support needs, as defined in the MVWA(CI) Act section 3(1); and
(b)
whether or not the Commission is required to make a payment in respect of the
treatment, care and support needs; and
(c)
whether or not any treatment, care, support or service is provided on a
gratuitous basis.
(10) This section has
effect despite section 12.