Queensland Consolidated Acts

CIVIL LIABILITY ACT 2003 - SECT 52B

52B Restriction on damages for participants in insurance scheme

(1) This section applies to the awarding of damages for personal injury resulting from a motor accident if the person suffering the injury is, or was, a participant in the insurance scheme in relation to a serious personal injury resulting from the motor accident.

(2) A court can not award damages in relation to the person’s treatment, care and support needs that—

(a) result from the personal injury; and

(b) arise, or arose, while the person is, or was, a participant in the insurance scheme.

(3) This section applies—

(a) whether or not the personal injury is a serious personal injury; and

(b) whether or not the treatment, care and support needs are an approved service for the person under the National Injury Act ; and

(c) whether or not the insurance agency must, under that Act, make a payment in relation to the treatment, care and support needs; and

(d) whether or not the treatment, care and support is provided without charge.

(4) Also, this section applies subject to section 52C .

(5) In this section—

"participant" , in the insurance scheme, see the National Injury Act , section 14 (1) .

"treatment, care and support needs" see the National Injury Act , section 8 .