Western Australian Current Acts

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CIVIL LIABILITY ACT 2002 - SECT 13A

13A .         Restrictions on damages if payments received under CISS

        (1)         In this section —

        CISS means the scheme provided for in the MV(CI) Act for the lifetime care and support of certain people catastrophically injured in motor vehicle accidents;

        interim participant means a person who under the MV(CI) Act is an interim participant in the CISS;

        lifetime participant means a person who under the MV(CI) Act is a lifetime participant in the CISS;

        MV(CI) Act means the Motor Vehicle (Catastrophic Injuries) Act 2016 ;

        treatment, care and support needs means —

            (a)         treatment, care and support needs as defined in the MV(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 MV(CI) Act section 3(1), it has the same meaning in this section.

        (3)         Without limiting the meaning given in subsection (1) to the term treatment, care and support needs 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 suffered by a person if the person is a participant in the CISS in respect of the injury.

        (5)         No damages are to be awarded to the person in respect of —

            (a)         any treatment, care and support needs of the person that relate to the motor vehicle injury and that have arisen during the period in respect of which the person is a participant in the CISS; or

            (b)         any treatment, care and support needs of the person that relate to the motor vehicle injury and that will or may arise in future.

        (6)         If the person is an interim participant, it is to be assumed for the purposes of subsection (5) that the person will become a lifetime participant in respect of the bodily injury.

        (7)         Subsection (8) applies to the awarding of damages in respect of a motor vehicle 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 are to be awarded to the person in respect of any treatment, care and support needs of the person that relate to the motor vehicle 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; 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.

        [Section 13A inserted: No. 8 of 2016 s. 38.]



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