Lifetime Care and Support (Catastrophic Injuries) Act 2014

This Act is the Lifetime Care and Support (Catastrophic Injuries) Act 2014.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘legal costs—see the Legal Profession Act 2006, dictionary.’ means that the term ‘legal costs’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

This Act applies only in relation to the following injuries:

an injury (a motor accident injury) suffered by a person—

as a result of a motor accident that happened or happens in the ACT after 30 June 2014; and

whether or not the person was at fault in the motor accident; and

if at least 1 motor vehicle involved in the motor accident had MAI cover under the MAI Act at the time of the motor accident;

an injury (a work injury) suffered by a worker if—

Note Worker—see the dictionary.

the injury occurs after the later of the following:

30 June 2016;

the date the Lifetime Care and Support (Catastrophic Injuries) Amendment Act 2016 is notified; and

the injury arises out of, or in the course of, the worker’s employment, within the meaning of the Workers Compensation Act 1951, section 31 (General entitlement to compensation for personal injury); and

the ACT is the Territory or State of connection in relation to the worker’s employment.

Note Territory or State of connection—see the Workers Compensation Act 1951, s 36A.

A regulation may make provision for or in relation to limiting the application of this Act to a stated class of people.

Note 1 A reference to an Act includes a reference to a provision of an Act (see Legislation Act, s 7 (3)).

Note 2 Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

For subsection (1) (a), a motor vehicle involved in a motor accident is taken to have had MAI cover under the MAI Act at the time of the motor accident if—

an MAI policy was in force for the motor vehicle at that time; or

at that time—

the motor vehicle was owned by the Territory, or a territory authority; and

an MAI policy was not in force for the motor vehicle; or

a compulsory third-party insurance policy was in force for the motor vehicle under the law of a jurisdiction other than the ACT at that time; or

the motor vehicle was owned by the Commonwealth, or an entity representing the Commonwealth, at that time; or

there is a right of action against the nominal defendant under the MAI Act in relation to the motor accident; or

there would be a right of action against the nominal defendant under the MAI Act in relation to the motor accident if the cause of the motor accident was the fault of the responsible person or driver of the motor vehicle in the use or operation of the motor vehicle.

Note For the application of the MAI Act to motor vehicles owned by the Territory, the Commonwealth or a territory or commonwealth authority, see the MAI Act, s 288.

For subsection (1) (b) (ii), each of the following is an injury arising out of, or in the course of, the worker’s employment:

an injury received by a worker on an employment-related journey (within the meaning of the Workers Compensation Act 1951, section 36 (Journey claims));

an injury that is attributable to the worker’s serious and wilful misconduct (within the meaning of the Workers Compensation Act 1951, section 82 (When is compensation under Act generally not payable?)).

However, this Act does not apply to an injury suffered by a worker if the injury—

is intentionally self-inflicted; or

is sustained as a result of the worker’s engagement in professional sporting activity.

Note Professional sporting activity—see the Workers Compensation Act 1951, dictionary.

Part 2 Purpose and important concepts

The purpose of this Act is to—

provide an indemnity insurance scheme to respond to the reasonable and necessary treatment and care needs of people who have suffered a catastrophic injury—

in a motor accident; or

arising out of, or in the course of, their employment; and

ensure that the scheme is fully funded.

A term used in the MAI Act has the same meaning in this Act.

Note 1 A definition in an Act applies except so far as the contrary intention appears (see Legislation Act, s 155).

Note 2 MAI Act—see the dictionary.

A term used in the Workers Compensation Act 1951 has the same meaning in this Act.

In this Act:

excluded treatment and care means treatment, care, support or services of a kind prescribed by regulation for this definition.

treatment and care needs, of a participant in the LTCS scheme—

means the participant’s needs in relation to any of the following:

medical treatment (including pharmaceutical treatment);

dental treatment;

rehabilitation;

ambulance transportation;

respite care;

attendant care services;

aids and appliances;

prostheses;

education and vocational training;

home and transport modification;

workplace and educational facility modifications;

any other kinds of treatment, care, support or services prescribed by regulation; but

does not include excluded treatment and care.

Part 3 LTCS commissioner

The Minister may appoint a public servant to be Lifetime Care and Support Commissioner of the Australian Capital Territory (the LTCS commissioner).

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

The LTCS commissioner must be appointed for not longer than 3 years.

Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

The LTCS commissioner has the following functions:

to monitor the operation of the LTCS scheme and, in particular, to conduct research into and collect statistics in relation to the scheme’s operation;

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

to advise the Minister about the administration, efficiency and effectiveness of the LTCS scheme;

to publicise and distribute information about the LTCS scheme;

to issue and monitor the LTCS guidelines;

any other function given to the LTCS commissioner under this Act or another territory law.

The LTCS commissioner has the following functions in relation to the provision of care, treatment, rehabilitation, long-term support and other services for people who have sustained injuries to which this Act applies:

to monitor those services;

to support and fund programs that will improve delivery of those services;

to support and fund research and education in relation to the delivery of those services.

Note Section 6 sets out the injuries to which this Act applies.

The LTCS commissioner may delegate the LTCS commissioner’s functions under section 11 to an authorised person.

A delegate may subdelegate to an authorised person a function delegated under subsection (1) if the subdelegation is authorised in writing by the LTCS commissioner.

In this section:

authorised person means—

a public employee; or

a person prescribed by regulation.

Note Public employee—see the Legislation Act, dictionary, pt 1.

The LTCS commissioner may employ staff on behalf of the Territory.

The LTCS commissioner’s staff must be employed under the Public Sector Management Act 1994.

Note The Public Sector Management Act 1994, div 8.2 applies to the LTCS commissioner in relation to the employment of staff (see Public Sector Management Act 1994, s 152).