Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013

This Act may be cited as the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013.

In this Act, unless the contrary intention appears—

approved insurer means an approved insurer under Part 4 of the Motor Vehicles Act 1959;

approved provider—see section 29;

assessed treatment, care and support needs are treatment, care and support needs that apply under section 27(2);

attendant care and support services means services that aim to provide assistance to people with everyday tasks and includes (for example) personal assistance, nursing, home maintenance and domestic services;

Authority means the Lifetime Support Authority of South Australia established by this Act;

board means the board of directors of the Authority;

child means a person under the age of 18 years;

eligible person means a person who is eligible to be a participant in the Scheme under section 24;

excluded treatment, care and support needs—see section 4(2);

expert review panel means an expert review panel constituted under Schedule 1;

Fund means the Lifetime Support Scheme Fund established under Part 7;

health professional means a registered health practitioner under the Health Practitioner Regulation National Law (other than a student);

insurer means an insurer in respect of a liability that may be incurred in respect of a motor vehicle injury (including an insurer under a law of a place other than South Australia or under a law of the Commonwealth);

LSS Rules means the rules made by the Governor under section 56;

medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

Minister for Health means the Minister responsible for the administration of the Health Care Act 2008;

motor vehicle accident means the incident caused by or arising out of the use of a motor vehicle that results in a motor vehicle injury;

motor vehicle injury means a bodily injury to a person caused by or arising out of the use of a motor vehicle;

participant in the Scheme or participant means a person accepted under this Act as a participant in the Scheme (either as a lifetime participant or as an interim participant);

private hospital means a private hospital within the meaning of the Health Care Act 2008;

public hospital means a hospital incorporated under the Health Care Act 2008;

relevant motor vehicle accident means the motor vehicle accident that results in the motor vehicle injury that is relevant for the purposes of the application of this Act in relation to a particular person;

Scheme means the Scheme under this Act for the lifetime treatment, care and support of certain persons injured in motor vehicle accidents;

third‑party policy means the policy of insurance that applies under Part 4 of the Motor Vehicles Act 1959;

treatment, care and support needs—see section 4;

treatment, care and support needs assessment means an assessment under Part 4;

Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Other words and expressions used in this Act have the meaning assigned to them in section 5, or Part 4, of the Motor Vehicles Act 1959, unless the context otherwise requires or the LSS Rules provide otherwise.

Without limiting subsection (2), section 99(3), (3a) and (4) of the Motor Vehicles Act 1959 will apply in relation to this Act in order to determine whether a bodily injury is to be regarded as being caused by or arising out of the use of a motor vehicle.

Subsection (3) applies subject to any provision made by the LSS Rules.

For the purposes of this Act, the treatment, care and support needs of a participant in the Scheme are the participant's needs for or in connection with any of the following:

medical treatment (including pharmaceuticals);

dental treatment;

rehabilitation;

ambulance transportation;

respite care;

attendant care and support services;

aids and appliances;

prostheses;

education and vocational training;

home and transport modification;

workplace modification;

such other kinds of treatment, care, support or services as may be prescribed by the regulations for the purposes of this subsection;

such other kinds of treatment, care, support or services as may be determined by the Authority (either generally, for specified classes of cases, or for a particular person).

Despite subsection (1), but subject to subsection (1)(m), the treatment, care and support needs of a participant do not include any treatment, care, support or services declared by the LSS Rules to be excluded treatment, care and support needs.

This Act applies to and in relation to—

motor vehicle injuries that result from a motor vehicle accident occurring on or after the commencement of this section; and

motor vehicle injuries that result from a motor vehicle accident occurring before the commencement of this section where the person who suffered the injury is accepted into the Scheme under section 6.

This Act may apply to and in relation to a motor vehicle injury whether or not the injury was caused (wholly or in part) by the fault of the owner or driver of the motor vehicle in the use or operation of the motor vehicle or of any other person, or whether or not the injury can be attributable to the act or omission of any particular person, and so applies even if the injured person was at fault (whether as owner or driver of the vehicle or otherwise).

In addition, if a person becomes a participant in the Scheme, this Act applies to and in relation to—

any injury that is wholly or predominantly related to the motor vehicle injury that gave rise to the person's participation in the Scheme; and

any other injury that, under the LSS Rules, will be covered as part of the person's participation in the Scheme; and

without limiting paragraphs (a) and (b) (or any other provisions of this Act), any treatment, care and support needs, or any expenses, that under the LSS Rules will be covered as part of the person's participation in the Scheme.

A person who has suffered a motor vehicle injury that results from a motor vehicle accident occurring before the commencement of section 5 (a pre‑commencement injury) may be accepted into the Scheme as a lifetime participant in the Scheme if—

the person makes an application to the Authority in a manner and form determined by the Authority; and

the person provides such information as the Authority may require as part of its assessment of the application; and

the Authority determines that it will accept the person into the Scheme under this section; and

the person pays to the Authority, for payment into the Fund, a contribution determined by the Authority.

In connection with the operation of subsection (1)—

acceptance into the Scheme will be for the purpose of providing treatment, care, support and services in relation to the assessed treatment, care and support needs of the person; and

the contribution to be paid into the Fund will be an amount that the Authority determines as the amount required to fund the treatment, care and support needs of the person as a lifetime participant in the Scheme in respect of the injury after applying any principle or criteria specified in the LSS Rules.

An application made for a person to become a participant in the Scheme in respect of a pre‑commencement injury cannot be made by an insurer.

The LSS Rules may make provision for or with respect to any matter that may be convenient in connection with this section (including as to the provision of any information or report that may be relevant in the circumstances).

The Lifetime Support Authority of South Australia is established.

The Authority is a body corporate.

The Authority is an instrumentality of the Crown and holds its property on behalf of the Crown.

The Authority is subject to the general control and direction of the Minister.

The Authority is to have a board of directors.

The board is the governing body of the Authority and anything done by the board in the administration of the Authority is taken to be an act of the Authority.

The board consists of at least 3 but not more than 10 persons appointed by the Governor on the recommendation of the Minister.

A person appointed as a member of the board must have such qualifications or experience as are, in the Minister's opinion, necessary to enable the board to carry out its functions effectively.

The Governor will appoint 1 member of the board to chair its meetings.

The Governor may appoint a suitable person to be the deputy of a member of the board and to act as a member of the board during any period of absence of the member.

A member of the board is appointed on conditions determined by the Governor and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.

The Governor may remove a member of the board from office—

for breach of, or non‑compliance with, a condition of appointment; or

for mental or physical incapacity to carry out duties of office satisfactorily; or

for misconduct; or

for neglect of duty.

The office of a member of the board becomes vacant if the member—

dies; or

completes a term of office and is not reappointed; or

resigns by written notice to the Minister; or

is convicted of an indictable offence; or

is sentenced to imprisonment for an offence; or

becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or

is removed from office under subsection (2).

On the office of a member of the board becoming vacant, a person must be appointed, in accordance with this Act, to the vacant office.

A member of the board is entitled to fees, allowances and expenses approved by the Governor.

The fees, allowances and expenses are payable out of the Lifetime Support Scheme Fund.

An act or proceeding of the board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.