Lifetime Care and Support (Catastrophic Injuries) Act 2014

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