Lifetime Care and Support (Catastrophic Injuries) Act 2014

The Executive may make regulations for this Act.

A regulation may create offences and fix maximum penalties of not more than 20 penalty units for the offences.

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).

Dictionary (see s 3)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

 corporation

 disallowable instrument (see s 9)

 financial year

 health practitioner

 legal practitioner

 notifiable instrument (see s 10)

 person (see s 160)

 public employee

 territory authority

 under.

Note 3 The Motor Accident Injuries Act 2019 contains definitions relevant to this Act. For example, the following terms are defined in the Motor Accident Injuries Act 2019, dictionary:

 MAI commission

 MAI commissioner

 MAI guidelines

 MAI insured person (see s 286)

 MAI insurer (see s 287)

 MAI policy (see s 286)

 MAI premium (see s 314)

 motor accident (see s 10)

 motor accident claim (see s 228)

 nominal defendant (see s 16)

 personal injury (see s 9)

 uninsured motor vehicle (see s 325)

Note 4 The Workers Compensation Act 1951 contains definitions relevant to this Act. For example, the following terms are defined in the Workers Compensation Act 1951, dictionary:

 claim for payment

 compulsory insurance policy (see s 144)

 DI fund

 DI fund manager

 gross written premiums

 licensed self-insurer

 notional gross written premium

 professional sporting activity

 Territory or State of connection (see s 36A)

 worker.

ACTIA means the Australian Capital Territory Insurance Authority established under the Insurance Authority Act 2005.

approved provider, of a service—see section 29.

assessed treatment and care needs, of a participant in the LTCS scheme—see section 29.

attendant care services, for a person who is a participant in the LTCS scheme, means services that aim to give the person assistance with everyday tasks.

Examples

 personal assistance

 nursing

 home maintenance

 domestic services bulk billing arrangements, for part 9 (Payments to hospitals, doctors and others)—see section 68.

claim, in relation to an injury, means—

for a motor accident injury—a motor accident claim; or

for a work injury—a workers compensation claim.

Note Motor accident claim, for a motor accident—see the MAI Act, s 228.

claims assessment panel, for division 7.2 (Disputes about injuries)—see section 49 (1).

claims assessor, for division 7.2 (Disputes about injuries)—see section 45.

contribution period for which a required fund contribution is determined, for division 10.1 (Funding the LTCS scheme)—see section 73 (1).

eligibility assessment panel, for division 7.1 (Disputes about eligibility)—see section 35.

eligibility assessor, for division 7.1 (Disputes about eligibility)—see section 36.

eligibility criteria, for participation in the LTCS scheme, means the criteria stated in the LTCS guidelines for eligibility to participate in the LTCS scheme.

eligibility review panel, for division 7.1 (Disputes about eligibility)—see section 39.

excluded treatment and care—see section 9.

Health Minister, for part 9 (Payments to hospitals, doctors and others)—see section 68.

injured person—see section 15 (1).

injury means an injury to which this Act applies.

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

insurer, for an injured person’s claim, means—

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

if the injured person has a work injury—a workers compensation insurer or licensed self-insurer.

interested person, for division 7.2 (Disputes about injuries)—see section 45.

interim participation, in the LTCS scheme, means a person accepted as an interim participant in the LTCS scheme under section 20.

legal costs—see the Legal Profession Act 2006, dictionary.

legal services—see the Legal Profession Act 2006, dictionary.

lifetime participant, in the LTCS scheme, means a person accepted as a lifetime participant in the LTCS scheme under section 21.

LTCS commissioner means the Lifetime Care and Support commissioner appointed under section 10.

LTCS fund, for division 10.1 (Funding the LTCS scheme)—see section 74.

LTCS fund banking account, for division 10.1 (Funding the LTCS scheme)—see section 76 (1).

LTCS fund investment guidelines, for division 10.1 (Funding the LTCS scheme)—see section 81.

LTCS guidelines means guidelines made by the LTCS commissioner under section 93.

LTCS levy, for division 10.1 (Funding the LTCS scheme)—see section 84.

LTCS scheme means the scheme provided for by this Act for the lifetime care and support of people who have suffered a catastrophic injury—

in a motor accident; or

arising out of, or in the course of, their employment.

MAI Act means the Motor Accident Injuries Act 2019.

motor accident injury, in relation to a person, means an injury the person has as a result of a motor accident.

NSW LCS authority means the Lifetime Care and Support Authority of New South Wales, constituted under the Motor Accidents (Lifetime Care and Support) Act 2006 (NSW), section 33.

participant, in the LTCS scheme, means a person accepted as an interim or lifetime participant in the scheme under section 19.

present value of the LTCS commissioner’s treatment and care liabilities, for division 10.2 (Recovery of lifetime care and support payments)—see section 88.

principal claims assessor, for division 7.2 (Disputes about injuries)—see section 45.

required fund contribution for motor accident injuries, for division 10.1 (Funding the LTCS scheme)—see section 83 (1).

required fund contribution for work injuries, for division 10.1 (Funding the LTCS scheme)—see section 83 (2).

returns, in relation to an investment, for division 10.1 (Funding the LTCS scheme)—see section 72.

treatment and care assessor, for division 7.3 (Disputes about treatment and care needs assessments)—see section 54.

treatment and care needs, of a participant in the LTCS scheme—see section 9.

treatment and care needs assessment means an assessment under part 5 (Treatment and care needs assessment) of the treatment and care needs of a participant in relation to the participant’s motor accident injury.

treatment and care review panel, for division 7.3 (Disputes about treatment and care needs assessments)—see section 62.

worker, in relation to a work injury—see the Workers Compensation Act 1951, chapter 3 (Meaning of worker).

workers compensation claim means a claim for compensation for a work injury under the Workers Compensation Act 1951.

workers compensation insurer, in relation to a workers compensation claim, means a licensed insurer within the meaning of the Workers Compensation Act 1951.

work injury means an injury to a worker arising out of, or in the course of, the worker’s employment.