Western Australian Current Regulations Western Australian Current Regulations[r. 5]
In this
Schedule —
participant means a participant in the CISS;
relevant injury , in relation to a participant,
means the motor vehicle injury or workplace injury in respect of which the
participant is a participant in the CISS;
relevant legislation means legislation of this
State, the Commonwealth, another State or a Territory.
[Clause 1 amended: SL 2024/133
r. 14(1).]
Attendant care
services of the following kinds —
(a)
services for a participant who resides overseas;
(b)
services provided while a participant in the CISS is an inpatient in a
hospital or undergoing inpatient rehabilitation;
(c)
services included in a bed day rate (for example, services provided in an aged
care facility);
(d)
services provided in an unsafe environment or in circumstances that place an
attendant care worker at risk of harm;
(e)
services that replace parental responsibilities (for example, supervision of a
young child).
Domestic assistance
services of the following kinds —
(a) the
provision of cleaning products or equipment;
(b)
waste removal or disposal;
(c) work
carried out for the purpose of ordinary household repairs (for example,
fencing, painting or plumbing);
(d)
services provided while a participant is away from the participant’s
usual place of residence.
The provision of
equipment of the following kinds —
(a)
equipment that, under normal circumstances, is considered to be general
household equipment or leisure equipment;
(b)
equipment to replace equipment neglected, abused or misused by a participant;
(c)
equipment that is more expensive than is required to meet a
participant’s identified necessary and reasonable treatment, care and
support needs.
Education support or
services of the following kinds —
(a)
support or services that a participant is entitled to under relevant
legislation;
(b)
support or services that are more appropriately funded by another person or
body as part of a common or universal service obligation;
(c)
support or services that a participant accessed, was assessed as needing, or
was on a waiting list for, before the participant suffered the relevant
injury;
(d)
support involving payment of amounts charged by a school or other educational
institution (for example, school or course fees, fees for excursions or school
camps, stationary costs or uniform costs).
6 . Vocational or workplace support
Vocational or
workplace support or services of the following kinds —
(a)
support involving capital expenditure (for example, the costs of establishing
and running a business);
(b)
support or services that a participant was receiving before the participant
suffered the relevant injury;
(c) the
provision of equipment that an employer has a duty to provide to an employee
under relevant legislation;
(d)
support to keep a business open (for example, paying for temporary staff to do
a participant’s job);
(e)
support involving wages subsidies for a person who employs a participant;
(f)
support involving payment of ordinary expenses associated with employment or
training (for example, travel costs, meal costs or uniform costs);
(g)
support involving payment of the fees or other costs of a training course that
a participant was enrolled in before the relevant injury.
[Clause 6 amended: SL 2024/133
r. 14(2).]
(1) In this
clause —
belongs , community titles scheme and scheme
by‑laws have the meanings given in the Community Titles Act 2018
section 3(1);
leasehold scheme , strata company and strata
titles scheme have the meanings given in the Strata Titles Act 1985
section 3(1);
leasehold scheme owner has the meaning given to
owner, in relation to a leasehold scheme, by the Strata Titles Act 1985
section 3(1).
(2) Modifications to a
participant’s usual place of residence of the following kinds —
(a)
modifications involving maintenance or repairs identified in a strata report,
building report or pest inspection report;
(b)
modifications that have not been permitted by the owner of the place of
residence;
(c) if
the place of residence is subject to a strata titles scheme, modifications
that have not been permitted by —
(i)
the relevant strata company; or
(ii)
if the strata titles scheme is a leasehold
scheme — the leaseholder scheme owner;
(ca) if
the place of residence is subject to a community titles scheme, modifications
that have not been permitted by —
(i)
the scheme by‑laws for the scheme; or
(ii)
the scheme by‑laws for a community titles scheme to
which the scheme belongs;
(d)
modifications involving the construction or installation of a pool, spa or
aquatic therapy facility;
(e)
modifications involving the provision of ordinary household items (for
example, furniture, whitegoods, fans, lights, smoke alarms or surge
protectors).
[Clause 7 inserted:
Gazette 31 Dec 2019 p. 4651‑2; amended:
SL 2021/76 r. 4.]
Modifications to a
motor vehicle of the following kinds —
(a)
modifications to change a manual transmission system to an automatic
transmission system;
(b)
modifications to more than one motor vehicle used by a participant at a
particular time;
(c)
modifications that do not comply with relevant legislation or vehicle
standards;
(d)
modifications to a motor vehicle that is outside Australia;
(e)
modifications involving repairs or replacement carried out under warranty or
because of a participant’s neglect, abuse or misuse;
(f)
modifications that an employer has a duty to make under relevant legislation.
Respite care provided
in an unsafe environment or in circumstances that place a participant at risk
of harm.
The repair or
replacement of prostheses because of a participant’s neglect, abuse or
misuse.
[Schedule 2 deleted: SL 2024/274 r. 5.]
This is a compilation of the Motor Vehicle and Workplace Accidents
(Catastrophic Injuries) Regulations 2016 and includes amendments made by
other written laws. For provisions that have come into operation see the
compilation table.
|
Citation |
Published |
Commencement |
|---|---|---|
|
Motor Vehicle (Catastrophic Injuries) Regulations 2016 1 |
13 May 2016 p. 1441-85 |
r. 1 and 2: 13 May 2016 (see r. 2(a)); |
|
Motor Vehicle (Catastrophic Injuries) Amendment Regulations 2019 |
31 Dec 2019 p. 4651‑2 |
r. 1 and 2: 31 Dec 2019 (see r. 2(a)); |
|
Motor Vehicle (Catastrophic Injuries) Amendment Regulations 2021 |
SL 2021/76 18 Jun 2021 |
r. 1 and 2: 18 Jun 2021 (see r. 2(a)); |
|
Treasurer Regulations Amendment (Workers Compensation) Regulations 2024
Pt. 2 |
SL 2024/133 26 Jun 2024 |
1 Jul 2024 (see r. 2(b)) |
|
Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Amendment
Regulations 2024 |
SL 2024/274 18 Dec 2024 |
r. 1 and 2: 18 Dec 2024 (see r. 2(a)); |
1 Now known as the
Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Regulations
2016 ; citation changed (see note under r. 1).
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
application for
registration 3
ASIA Impairment Scale
3
assessment 45
belongs
Sch. 1 cl. 7(1)
CISS application
3
Commission officer 3
community titles
scheme Sch. 1 cl. 7(1)
conditions of registration
3
decision 31(1)
expert review panel 3
experts list
3
FIMTM 3
functional independence
assessment 18(1)
Glasgow Coma Scale
3
health professional 51(1)
injured
person 3
leasehold scheme
Sch. 1 cl. 7(1)
leasehold scheme owner Sch.
1 cl. 7(1)
medical decision 3
medical expert
54(3)
non-medical decision
3
original notice of decision 66(2)
original review decision 3
participant
Sch. 1 cl. 1
referred decision
3
relevant accident 12(1)
relevant injury
Sch. 1 cl. 1
relevant legislation
Sch. 1 cl. 1
review application 3
reviewer 66(1)
review officer
3
scheme by-laws Sch. 1 cl. 7(1)
second
review panel 3, 41(3)
service provider
23(1)
Snellen Scale 3
specified 25(1)
strata company
Sch. 1 cl. 7(1)
strata titles scheme
Sch. 1 cl. 7(1)
travel costs 64(1)
treatment, care
and support requirement 25(1)
WeeFIM®
3
Westmead Post-Traumatic Amnesia Scale
3
© State of Western Australia 2024.
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