Lifetime Care and Support (Catastrophic Injuries) Act 2014

This section applies if an injured person is eligible to participate in the LTCS scheme.

Any of the following people may apply to the LTCS commissioner for the injured person to become a participant in the LTCS scheme in relation to the person’s injury:

the injured person;

someone else on the injured person’s behalf;

Examples—par (b)

1 the injured person’s parent

2 the injured person’s spouse

an insurer for a claim made by the injured person in relation to the injury.

The application must be accompanied by a medical certificate.

However, the LTCS commissioner may waive the requirement for a medical certificate if satisfied that—

a certificate is not needed to establish the injured person’s eligibility to participate in the LTCS scheme; and

there are exceptional circumstances justifying the waiver.

The injured person’s consent is not needed for the insurer to make the application.

The insurer may be directed to apply for the injured person to become a participant in the LTCS scheme by—

if the injured person has a motor accident injury—the MAI commission; or

if the injured person has a work injury—the Minister or director-general responsible for the Workers Compensation Act 1951.

Note MAI commission—see the MAI Act, dictionary.

The insurer must comply with a direction under subsection (6).

In this section:

insurer—

for a claim made by an injured person in relation to a motor accident injury, means—

if the injured person is an MAI insured person—the MAI insurer for the person; or

if the injured person is not an MAI insured person—the nominal defendant; or

Note MAI insured person—see the MAI Act, s 286.

for a claim made by an injured person in relation to a work injury, means—

if the injured person’s employer is insured—the workers compensation insurer for the employer; or

if the injured person’s employer is self-insured—the employer; or

if the injured person’s employer is not insured—the DI Fund.

Note DI Fund—see the Workers Compensation Act 1951, dictionary.