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NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - As at 14
June 2016 - Act 34 of 2016
TABLE OF PROVISIONS
CHAPTER 1 - PRELIMINARY
PART 1 - INTRODUCTION
1. Short title
2. Commencement
PART 2 - PURPOSE AND APPLICATION
3. Purpose of Act and achieving purpose
4. Application of Act
5. Act binds all persons
PART 3 - INTERPRETATION
6. Definitions
7. Meaning of prescribed vehicle
8. Meaning of treatment, care and support needs
9. Meaning of excluded treatment, care and support
10. When a claim is finalised
11. References in Act to particular terms
CHAPTER 2 - NATIONAL INJURY INSURANCE SCHEME, QUEENSLAND
PART 1 - PRELIMINARY
12. Persons eligible to participate in scheme
13. Persons may buy into scheme in particular circumstances
14. Participants in scheme
15. Necessary and reasonable treatment, care and support needs
PART 2 - APPLICATION TO PARTICIPATE IN SCHEME
Division 1 - Making application
16. Application for approval
17. When application may not be made
18. When person other than injured person may make application
19. Requirements for application
20. Notifying insurer about application
21. Information request
Division 2 - Deciding application
22. Deciding application
23. Notice of decision
24. Failure to decide application
PART 3 - ASSESSING NEEDS
Division 1 - Preparing support plans
25. Assessment of participant’s needs for treatment, care and support
26. Making support plan
27. Amending support plan
Division 2 - Service requests
28. Making service request
29. Information request
30. Assessing service request
31. Deciding service request
32. Failure to decide service request
PART 4 - PAYMENTS
Division 1 - Preliminary
33. About this part
Division 2 - Funding agreements
34. Funding agreement
Division 3 - Payment requests
35. Request for payment
36. Information request
37. Deciding payment request
38. Notice of decision
39. Failure to decide payment request
Division 4 - Contribution by agency
40. Application of division
41. Notice about right to treatment, care and support damages
42. Liability of agency to contribute towards damages
43. Application to court for order
44. Acceptance of treatment, care and support damages
PART 5 - REVIEWING PARTICIPATION
45. Reviewing participation of interim participant
46. Decision about review
47. Notice of review decision
48. Failure to make review decision
PART 6 - PARTICIPANTS ABSENT FROM AUSTRALIA
49. Application of part
50. Participant must notify agency of absence
51. Reviewing support plan or service request approval
52. Suspending participation
PART 7 - MISCELLANEOUS
53. Requirement to notify of claim
54. Electronic applications
CHAPTER 3 - NATIONAL INJURY INSURANCE AGENCY, QUEENSLAND
PART 1 - ESTABLISHMENT, FUNCTIONS AND POWERS
Division 1 - Establishment of agency
55. Establishment
56. Legal status
57. Relationship with State
Division 2 - Functions and powers
58. Functions
59. General principles for performing functions
60. Agency may agree to perform functions of support entity
61. Powers
62. Performing functions and exercising powers outside Queensland
Division 3 - Administration
63. Staff of agency
64. Delegation
65. Advisory committees
PART 2 - BOARD
Division 1 - Establishment, functions and membership
66. Establishment
67. Functions
68. Appointment of members
69. Chairperson and deputy chairperson
70. Term of appointment
71. Disqualification as member
72. Conditions of appointment
73. Vacancy in office
Division 2 - Administration
74. Conduct of business
75. Time and place of meetings
76. Quorum
77. Presiding at meetings
78. Conduct of meetings
79. Minutes
Division 3 - Duty of members
80. Disclosure of interests
PART 3 - CHIEF EXECUTIVE OFFICER
81. Appointment
82. Term of appointment
83. Conditions of appointment
84. Chief executive officer’s responsibilities
PART 4 - REPORTING AND ACCOUNTABILITY
Division 1 - Application of financial Acts
85. Application of financial Acts
Division 2 - Reporting generally
86. Quarterly reports
87. Board to inform Treasurer of particular issues
88. Reporting to department
Division 3 - Annual reports
89. Information to be included in annual report
Division 4 - Strategic and operational plans
90. Relationship with Financial Accountability Act 2009
91. Draft strategic and operational plans
92. Modifications of strategic or operational plan
CHAPTER 4 - FUNDING OF SCHEME
PART 1 - NATIONAL INJURY INSURANCE SCHEME FUND, QUEENSLAND
93. Establishment of fund
94. Payments from fund for public hospital services and emergency services
95. Transfer of funds from the nominal defendant fund
96. Payment of unearned insurer’s premiums
PART 2 - FUND LEVY
97. Agency’s recommendation about levy
98. Commission’s recommendation about levy
99. Fixing levy
PART 3 - RECOVERY OF AMOUNTS
100. Recovery in case of fraud
101. Recovery from persons in default
102. Recovery from insurer for interstate vehicles
CHAPTER 5 - ROLE OF THE COMMISSION
103. Commission’s functions
104. Information to be included in commission’s annual report
CHAPTER 6 - REVIEWS
PART 1 - INTERNAL REVIEW
105. External review by QCAT starts with internal review
106. Who may apply for internal review
107. Requirements for making application
108. Information request
109. Internal review
110. Notice of internal review decision
111. Request for decision notice
PART 2 - EXTERNAL REVIEWS
Division 1 - Review by medical tribunal
Subdivision 1 - Referral to medical tribunal
112. Request to refer medical matter to medical tribunal
113. Agency must refer medical matter
114. Constitution of medical tribunal
115. Power of medical tribunal to carry out or arrange examination
Subdivision 2 - Proceedings of medical tribunal
116. Application of subdivision
117. Medical tribunal may request further information
118. Exchange of relevant documents before medical tribunal
119. Right to appear and be heard before medical tribunal
120. New medical information
121. Record keeping by medical tribunal
122. Deferral of decisions
123. Finality of medical tribunal’s decision
124. Decisions of medical tribunal
125. Protection from liability
Subdivision 3 - Reviewing internal review decision
126. Agency must review internal review decision
Division 2 - External review by QCAT
127. Who may apply for review by QCAT
128. Receiving or adopting things in other proceedings
129. Proceedings involving medical matters referred to medical tribunal
CHAPTER 7 - INFORMATION EXCHANGE
130. Information to be given to the commission
131. Agency may give personal information to particular entities
CHAPTER 8 - MISCELLANEOUS
PART 1 - OFFENCES, EVIDENCE AND PROCEEDINGS
132. Offences involving fraud
133. False or misleading information
134. Offences against this Act
135. Statement of complainant’s knowledge
PART 2 - OTHER PROVISIONS
136. Direction to agency or board about functions and powers
137. Direction to agency or commission about alternative service delivery
138. Referral of matters to parliamentary committee
139. Approved forms
140. Regulation-making power
CHAPTER 9 - TRANSITIONAL PROVISIONS
141. Definition for chapter
142. Insurance commissioner is first board
143. Insurance commissioner is first chief executive officer
144. Agency’s first strategic and operational plans
145. Levy for the 2016-2017 financial year
CHAPTER 10 - AMENDMENT OF THIS ACT AND OTHER LEGISLATION
PART 1 - AMENDMENT OF THIS ACT
146. Act amended
147. Amendment of long title
PART 2 - AMENDMENT OF OTHER LEGISLATION
Division 1 - Amendment of Civil Liability Act 2003
148. Act amended
149. Insertion of new ch 3, pt 2A
150. Amendment of sch 2
Division 2 - Amendment of Motor Accident Insurance Act 1994
Subdivision 1 - Preliminary
151. Act amended
Subdivision 2 - Amendments commencing on 1 July 2016
152. Amendment of s 4 (Definitions)
153. Amendment of s 10 (Commission’s functions)
154. Amendment of s 19 (Annual report)
155. Amendment of s 28 (Motor Accident Insurance Fund)
156. Amendment of s 37 (Notice of accident claim)
157. Amendment of s 37A (Additional information form)
158. Amendment of s 38 (Multiple insurers)
159. Amendment of s 39 (Response to the notice of claim)
160. Amendment of s 41 (Insurer must attempt to resolve claim)
161. Amendment of s 42 (Payment of medical expenses etc.)
162. Amendment of s 51 (Obligation to provide rehabilitation services)
163. Insertion of new pt 4, divs 8 and 9
164. Amendment of s 87B (Functions and powers of authorised person)
165. Amendment of s 87G (Power to require information)
166. Amendment of s 87I (Issue of warrant)
167. Amendment of s 87L (Power to seize evidence)
168. Amendment of s 87P (Compensation)
169. Amendment of s 87Q (Costs of investigation)
170. Amendment of s 87V (Information from Commissioner of Police Service)
Subdivision 3 - Amendments commencing by proclamation
171. Amendment of s 4 (Definitions)
172. Amendment of s 12 (Insurance premiums)
173. Amendment of s 14 (Recommendations about levies and administration fee)
174. Amendment of s 14A (Fixing levies and administration fee)
175. Amendment of s 15 (Report and recommendations when costs of insurance exceed the affordability index)
176. Amendment of s 27 (Disbursement of gross premiums by transport administration)
177. Amendment of s 27A (Disbursement of gross premiums by insurers who receive premiums directly)
SCHEDULE 1
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