New South Wales Consolidated Regulations

MOTOR ACCIDENT INJURIES REGULATION 2017 - REG 38A

38A Lifetime Care and Support Authority to disclose information to Authority (section 10.15(2) and (3))

(1) The Lifetime Care and Support Authority must disclose to the Authority on request information relating to payments of statutory benefits for treatment and care that the Lifetime Care and Support Authority is required to make as the relevant insurer under the Act, section 3.2(3).

(2) The information that may be requested under subclause (1) includes, but is not limited to--

(a) the total amount of payments of statutory benefits for treatment and care that the Lifetime Care and Support Authority estimates it will be required to make as the relevant insurer under the Act, section 3.2(3) for one or more specified future relevant periods, and

(b) the total amount of payments of statutory benefits for treatment and care that the Lifetime Care and Support Authority was required to make as the relevant insurer under the Act, section 3.2(3) for the current relevant period or one or more specified previous relevant periods, and

(c) the actual administrative and operational costs incurred by the Lifetime Care and Support Authority for one or more specified previous relevant periods, to the extent that those costs relate to the administration of the Act as the relevant insurer under the Act, section 3.2(3), and

(d) the administrative and operational costs that the Lifetime Care and Support Authority estimates it will incur for one or more specified future relevant periods, to the extent that those costs relate to the administration of the Act as the relevant insurer under the Act, section 3.2(3).

(3) The information must be disclosed within--

(a) a reasonable period specified by the Authority, or

(b) another period agreed by the Authority and the Lifetime Care and Support Authority.

(4) The Lifetime Care and Support Authority must, as soon as practicable after becoming aware of a matter that is likely to have a material financial impact on the motor accidents scheme under the Act, disclose to the Authority the following information relating to the matter--

(a) a description of the matter,

(b) an explanation of the reasons the matter has occurred,

(c) an assessment of the risks to the motor accidents scheme,

(d) a description of the steps that have been, or are proposed to be, taken to mitigate those risks.

(5) The matters in relation to which information must be disclosed under subclause (4) include, but are not limited to--

(a) a change in circumstances that is likely to affect the costs of the Lifetime Care and Support Authority in exercising its functions to the extent that those costs relate to the administration of the Act as the relevant insurer under section 3.2(3), and

(b) a change in the amount determined as the required contribution to the MAITC Benefits Fund under the Act, section 10.15(1)(d), for a relevant period, which represents an increase, or a decrease, of more than 10% in the amount determined for that purpose for the immediately preceding relevant period, and

(c) a matter involving one or more of the following that is likely to arise in relation to a claim in proceedings before a court, the Commission or a decision-maker if the Lifetime Care and Support Authority is a party to the proceedings--

(i) an issue that involves a question relating to the application of the Act or an instrument made under the Act,

(ii) an issue that involves a question of constitutional law,

(iii) a submission to a court that would, if accepted, substantially affect the statutory benefits or damages payable under the Act for similar claims,

(iv) criticism by the court, the Commission or the decision-maker.

(6) In this clause--

"decision-maker" has the same meaning as in the Personal Injury Commission Act 2020 , section 32.