South Australian Current Acts South Australian Current Acts58A—Limitations on damages for participants in lifetime support scheme
(1) No damages may be
awarded to a person who is a participant in the Scheme under the Motor
Vehicle Accidents (Lifetime Support Scheme) Act 2013 in respect of any of the
treatment, care and support needs of the person, or any excluded treatment,
care and support needs, as defined or determined under that Act (whether being
past or future needs), that relate to the motor vehicle injury (as defined by
that Act) in respect of which the person is a participant in that Scheme and
that arise (or will arise) during the period in respect of which the person is
a participant in the Scheme.
(2)
Subsection (1) applies—
(a)
whether or not the treatment, care and support needs are assessed treatment,
care and support needs under the Motor Vehicle Accidents (Lifetime Support
Scheme) Act 2013 ; and
(b)
whether or not the Lifetime Support Authority is required to make a payment in
respect of the treatment, care and support needs concerned; and
(c)
whether or not any treatment, care, support or service is provided on a
gratuitous basis.
(3) A reference in
subsection (1) to a person who is a participant in the Scheme under the
Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 will be taken
to include a reference to a person who has been an interim participant in that
Scheme (and who has received any treatment, care and support needs under that
Act).