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This is a Bill, not an Act. For current law, see the Acts databases.


MOTOR VEHICLE (CATASTROPHIC INJURIES) BILL 2016

                      Western Australia


Motor Vehicle (Catastrophic Injuries) Bill 2016

                          Contents

         Part 1 -- Preliminary
   1.    Short title                                        2
   2.    Commencement                                       2
   3.    Terms used                                         2
   4.    Motor vehicle accident                             4
   5.    Motor vehicle injury to which Act applies          4
   6.    Treatment, care and support needs                  6
   7.    Act binds Crown                                    7
         Part 2 -- Participation in
              catastrophic injuries
              support scheme
   8.    Eligibility to participate                         8
   9.    Application to participate                         8
   10.   Acceptance as participant                          8
   11.   Interim participation                              9
   12.   Lifetime participation                             9
   13.   Former interim participant may apply to become
         participant                                       10
   14.   Suspension of participation                       10
         Part 3 -- Assessment of treatment,
              care and support needs
   15.   Assessment of participant's treatment, care and
         support needs                                     11
   16.   Regulations about assessment of treatment, care
         and support needs                                 11
   17.   Commission not liable for legal costs for
         assessment                                        12


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Motor Vehicle (Catastrophic Injuries) Bill 2016



Contents



               Part 4 -- Payments under
                    catastrophic injuries support
                    scheme
      18.      Payment of assessed treatment, care and support
               needs                                                   13
      19.      Payment not required in certain circumstances           14
      20.      Maximum amounts payable for certain treatment
               and services                                            15
      21.      Recovery of payments for injury involving
               interstate vehicle                                      16
      22.      Injury compensable under Workers' Compensation
               and Injury Management Act 1981                          17
      23.      Registered providers                                    17
               Part 5 -- Dispute resolution
      24.      Terms used                                              19
      25.      Review of eligibility decision                          19
      26.      Review of treatment, care and support assessment        20
      27.      Appeals to District Court                               20
      28.      Regulations about dispute resolution                    20
               Part 6 -- Miscellaneous
      29.      No contracting out                                      22
      30.      Notification and disclosure of information by
               hospital                                                22
      31.      False or misleading information                         23
      32.      Obstruction                                             23
      33.      Guidelines                                              24
      34.      Regulations                                             24
      35.      Regulations may adopt codes or legislation              25
               Part 7 -- Other Acts amended
               Division 1 -- Civil Liability Act 2002 amended
      36.      Act amended                                             27
      37.      Section 13A inserted                                    27
               13A.     Restrictions on damages if payments
                        received under CISS                       27




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                     Motor Vehicle (Catastrophic Injuries) Bill 2016



                                                                Contents



      Division 2 -- Insurance Commission of Western
            Australia Act 1986 amended
38.   Act amended                                                 29
39.   Section 6 amended                                           29
40.   Section 16 amended                                          30
41.   Section 18 amended                                          30
      Division 3 -- Motor Vehicle (Third Party
            Insurance) Act 1943 amended
42.   Act amended                                                 31
43.   Section 3 amended                                           31
44.   Section 3EA inserted                                        31
      3EA.     Restrictions on damages if payments
               received under CISS                         31
45.   Sections 3FA and 3FB inserted                                33
      3FA.     Restrictions on damages to be part of the
               substantive law                             33
      3FB.     Damages for treatment, care and support
               needs: catastrophic injury                  34
46.   Section 3T amended                                          34
47.   Section 4 amended                                           35
48.   Section 6 amended                                           36
49.   Section 6A inserted                                         36
      6A.      Insurance relating to catastrophic injury   36
50.   Section 21 replaced                                          37
      21.      Term of policy of insurance extended in
               certain cases                               37
51.   Sections 27B and 27C inserted                                38
      27B.     False or misleading information             38
      27C.     Obstruction                                 39
52.   Section 30 replaced                                          39
      30.      Examination of injured person by health
               professional                                39
53.   Section 34 replaced                                          41
      34.      Transitional provision for Motor Vehicle
               (Catastrophic Injuries) Act 2016            41

      Defined terms




                                                                 page iii
                           Western Australia


                     LEGISLATIVE ASSEMBLY


 Motor Vehicle (Catastrophic Injuries) Bill 2016

                               A Bill for


An Act to provide for a scheme for the lifetime care and support of
certain people catastrophically injured in motor vehicle accidents, to
make consequential amendments to other Acts, and for related
purposes.



The Parliament of Western Australia enacts as follows:




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     Motor Vehicle (Catastrophic Injuries) Bill 2016
     Part 1          Preliminary

     s. 1



1                             Part 1 -- Preliminary
2    1.         Short title
3               This is the Motor Vehicle (Catastrophic Injuries) Act 2016.

4    2.         Commencement
5               This Act comes into operation as follows --
6                (a) sections 1 and 2 -- on the day on which this Act
7                      receives the Royal Assent;
8                (b) the rest of the Act -- on a day fixed by proclamation,
9                      and different days may be fixed for different provisions.

10   3.         Terms used
11        (1)   In this Act, unless the contrary intention appears --
12              assessed treatment, care and support needs has the meaning
13              given in section 18(2);
14              catastrophic injuries support scheme (CISS) means the scheme
15              provided for in this Act for the lifetime care and support of
16              certain people catastrophically injured in motor vehicle
17              accidents;
18              catastrophic injury means a motor vehicle injury that satisfies
19              the prescribed criteria for eligibility for participation in the
20              CISS;
21              Commission means the body continued as the Insurance
22              Commission of Western Australia under the Insurance
23              Commission of Western Australia Act 1986;
24              document includes a tape, a disk and any other device or
25              medium on which information is recorded or stored
26              mechanically, photographically, electronically or otherwise;
27              excluded treatment, care and support needs means treatment,
28              care, support or services of a kind prescribed for the purposes of
29              this definition;



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                         Motor Vehicle (Catastrophic Injuries) Bill 2016
                                            Preliminary           Part 1

                                                                     s. 3



1    health profession has the meaning given in the Health
2    Practitioner Regulation National Law (Western Australia)
3    section 5;
4    health professional means --
5      (a) in relation to the examination of an injured person in
6             Australia -- a person registered under the Health
7             Practitioner Regulation National Law (Western
8             Australia) to practise a health profession (other than as a
9             student); or
10     (b) in relation to the examination of an injured person in
11            another country -- a person licensed, registered or
12            otherwise authorised under a law of that country to
13            practise a health profession (other than as a student);
14   legal costs has the meaning given in the Legal Profession
15   Act 2008 section 3;
16   legal services has the meaning given in the Legal Profession
17   Act 2008 section 3;
18   motor vehicle has the meaning given in the Motor Vehicle
19   (Third Party Insurance) Act 1943 section 3(1);
20   motor vehicle accident has the meaning given in section 4(1);
21   motor vehicle injury means a bodily injury to a person that
22   results from a motor vehicle accident;
23   notify, in relation to a person, means to give notice in writing to
24   the person;
25   participant in the CISS means a person who is a participant in
26   the CISS (either as an interim participant or as a lifetime
27   participant);
28   prescribed means prescribed by the regulations;
29   registered provider means a person registered under
30   section 23(1);
31   treatment, care and support assessment means an assessment
32   under section 15(1) of the treatment, care and support needs of a



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     Motor Vehicle (Catastrophic Injuries) Bill 2016
     Part 1          Preliminary

     s. 4



1               participant in the CISS in relation to the participant's motor
2               vehicle injury;
3               treatment, care and support needs has the meaning given in
4               section 6.
5         (2)   A reference in this Act to an injured person or a participant in
6               the CISS (the relevant person), in relation to the making of an
7               application by, or the giving of a notice or other document to,
8               the relevant person, includes a reference to another person with
9               lawful authority to act on the relevant person's behalf.

10   4.         Motor vehicle accident
11        (1)   A motor vehicle accident is an incident caused by or arising out
12              of the use of a motor vehicle.
13        (2)   For the purposes of subsection (1), an incident is caused by or
14              arises out of the use of a motor vehicle if, and only if, it results
15              directly from --
16                (a) the driving of the motor vehicle; or
17                (b) the motor vehicle running out of control; or
18                (c) a collision, or action to avoid a collision, with the motor
19                      vehicle (whether the motor vehicle is stationary or
20                      moving).
21        (3)   If a person renders assistance, or attempts to render assistance,
22              at the scene of a motor vehicle accident and, as the result of
23              doing so, suffers a bodily injury, the injury is to be taken to have
24              resulted from the accident.

25   5.         Motor vehicle injury to which Act applies
26        (1)   In this section --
27              driver, in relation to a motor vehicle, has the meaning given in
28              the Motor Vehicle (Third Party Insurance) Act 1943
29              section 3(1);




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                               Motor Vehicle (Catastrophic Injuries) Bill 2016
                                                  Preliminary           Part 1

                                                                          s. 5



1          motor sports event --
2            (a) means an event that tests the speed or reliability of
3                  motor vehicles or the skill or endurance of their drivers
4                  or navigators and that --
5                     (i) takes place on a race track established or adapted
6                          for the purpose of events of that kind; or
7                    (ii) is an event to which an order made under the
8                          Road Traffic Act 1974 section 81C applies;
9                  and
10           (b) includes a practice session for an event described in
11                 paragraph (a);
12         owner, in relation to a motor vehicle, has the meaning given in
13         the Motor Vehicle (Third Party Insurance) Act 1943
14         section 3(1);
15         private land means land that is --
16           (a) alienated from the Crown for any estate of freehold; or
17           (b) the subject of a conditional purchase agreement, or of a
18                 lease or concession with or without a right of acquiring
19                 the fee simple in that land.
20   (2)   This Act applies to a motor vehicle injury resulting from a
21         motor vehicle accident that occurs in this State on or after the
22         day on which this section comes into operation.
23   (3)   Despite subsection (2), this Act does not apply to a motor
24         vehicle injury if the owner or driver of a motor vehicle has, as a
25         consequence of the driving of that motor vehicle or of that
26         motor vehicle running out of control, incurred liability for
27         negligence in respect of the injury.
28   (4)   Despite subsection (2), this Act does not apply to a motor
29         vehicle injury resulting from a motor vehicle accident that
30         occurs on private land unless at least one motor vehicle
31         involved in the motor vehicle accident is --



                                                                       page 5
     Motor Vehicle (Catastrophic Injuries) Bill 2016
     Part 1          Preliminary

     s. 6



1                 (a)   a motor vehicle in respect of which a contract of
2                       insurance is in force under the Motor Vehicle (Third
3                       Party Insurance) Act 1943; or
4                (b)    a motor vehicle --
5                          (i) licensed or registered under the law of another
6                              State or a Territory; and
7                         (ii) to which a policy of compulsory third-party
8                              person injury insurance, or a compulsory motor
9                              vehicle accident compensation scheme, under the
10                             law of that State or Territory applies.
11        (5)   Despite subsection (2), this Act does not apply to a motor
12              vehicle injury resulting from a motor vehicle accident --
13                (a) that involves a motor vehicle taking part in a motor
14                      sports event; or
15                (b) that occurs as a result of a terrorist act (as defined in the
16                      Terrorism (Extraordinary Powers) Act 2005 section 5).

17   6.         Treatment, care and support needs
18        (1)   The treatment, care and support needs of a person are the needs
19              of the person for or in connection with any of the following --
20                (a) medical treatment (including pharmaceuticals);
21                (b) dental treatment;
22                (c) rehabilitation;
23                (d) ambulance transportation;
24                (e) respite care;
25                 (f) domestic assistance;
26                (g) attendant care services;
27                (h) aids and appliances;
28                 (i) prostheses;
29                 (j) education and vocational training;
30                (k) home and transport modification;


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                                   Motor Vehicle (Catastrophic Injuries) Bill 2016
                                                      Preliminary           Part 1

                                                                                s. 7



1                (l)   any other kinds of treatment, care, support or services
2                      that are approved by the Commission (either generally,
3                      for specified classes of cases, or for a particular person).
4        (2)   Despite subsection (1), but subject to subsection (1)(l), the
5              treatment, care and support needs of a person do not include
6              excluded treatment, care and support needs.

7   7.         Act binds Crown
8              This Act binds the State and, so far as the legislative power of
9              the State permits, the Crown in all its other capacities.




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     Motor Vehicle (Catastrophic Injuries) Bill 2016
     Part 2          Participation in catastrophic injuries support scheme

     s. 8



1            Part 2 -- Participation in catastrophic injuries
2                           support scheme
3    8.          Eligibility to participate
4          (1)   A person is eligible to be a participant in the CISS if --
5                 (a) the person suffers a motor vehicle injury to which this
6                       Act applies; and
7                 (b) the motor vehicle injury is a catastrophic injury.
8          (2)   Participation in the CISS is as an interim participant or as a
9                lifetime participant and, for that purpose, the regulations may
10               establish criteria for eligibility for interim participation in the
11               CISS and criteria for eligibility for lifetime participation in the
12               CISS.
13         (3)   A person is not eligible to be a participant in the CISS in respect
14               of a motor vehicle injury if the person has been awarded
15               damages, pursuant to a final judgment entered by a court or a
16               binding settlement, in respect of the future treatment, care and
17               support needs of the person that relate to the injury.

18   9.          Application to participate
19         (1)   An injured person may apply to the Commission to become a
20               participant in the CISS in respect of a motor vehicle injury.
21         (2)   The application must be --
22                (a) made in a manner and form determined by the
23                      Commission; and
24                (b) accompanied by any information required by the
25                      Commission.

26   10.         Acceptance as participant
27         (1)   A person becomes a participant in the CISS if the Commission
28               is satisfied that the person is eligible to be a participant in the
29               CISS and accepts the person in writing as a participant in the


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                                      Motor Vehicle (Catastrophic Injuries) Bill 2016
                 Participation in catastrophic injuries support scheme         Part 2

                                                                                s. 11



1                CISS as an interim participant or a lifetime participant,
2                according to the person's eligibility.
3          (2)   If the Commission is satisfied that a person is eligible to be a
4                participant in the CISS and that an application for the person to
5                become a participant has been duly made, the Commission must
6                accept the person as a participant in the CISS as an interim
7                participant or a lifetime participant, according to the person's
8                eligibility.

9    11.         Interim participation
10         (1)   If the Commission accepts a person as an interim participant
11               then, subject to subsection (2), the person remains a participant
12               in the CISS for a period determined in accordance with the
13               regulations.
14         (2)   If the Commission decides that a person who is an interim
15               participant is no longer eligible to be a participant in the CISS,
16               the person ceases to be an interim participant when notified of
17               the decision.
18         (3)   The fact that a person ceases to be an interim participant does
19               not prevent subsequent acceptance of the person as an interim
20               participant or a lifetime participant.

21   12.         Lifetime participation
22         (1)   A person who is an interim participant must be accepted as a
23               lifetime participant if the Commission becomes satisfied during the
24               person's interim participation in the CISS that the person is
25               eligible for lifetime participation in the CISS.
26         (2)   If the Commission accepts a person as a lifetime participant
27               then, subject to subsection (3), the person remains a participant
28               in the CISS for life.
29         (3)   If the Commission decides that a person who is a lifetime
30               participant is no longer eligible to be a participant in the CISS,
31               the person ceases to be a lifetime participant when notified of
32               the decision.

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     Motor Vehicle (Catastrophic Injuries) Bill 2016
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1    13.         Former interim participant may apply to become
2                participant
3                An injured person who has ceased to be an interim participant in
4                respect of a motor vehicle injury may apply to the Commission,
5                in accordance with the regulations, to become a participant in
6                the CISS as an interim participant or as a lifetime participant in
7                respect of the same motor vehicle injury.

8    14.         Suspension of participation
9          (1)   The Commission may, if the Commission considers it
10               appropriate to do so, suspend the participation of a person in the
11               CISS while the person is absent from Australia.
12         (2)   The regulations may confer power on the Commission to
13               suspend the participation of a person in the CISS in prescribed
14               circumstances, including circumstances involving failure to
15               comply with a requirement under the regulations.




     page 10
                                     Motor Vehicle (Catastrophic Injuries) Bill 2016
                    Assessment of treatment, care and support needs           Part 3

                                                                                 s. 15



1                Part 3 -- Assessment of treatment, care and
2                              support needs
3    15.          Assessment of participant's treatment, care and support
4                 needs
5          (1)    The Commission must assess the treatment, care and support
6                 needs of each participant in the CISS.
7          (2)    The assessment must relate to those treatment, care and support
8                 needs that --
9                   (a) are necessary and reasonable in the circumstances; and
10                  (b) relate to the motor vehicle injury in respect of which the
11                        person is a participant.
12         (3)    The Commission must notify the participant of the assessment
13                and the reasons for the findings on which it is based.

14   16.          Regulations about assessment of treatment, care and
15                support needs
16         (1)    The regulations may make provision for or in relation to the
17                assessment of the treatment, care and support needs of
18                participants in the CISS.
19         (2)    In particular, the regulations may make provision for or in
20                relation to the following --
21                  (a) procedures to be followed in connection with
22                        assessments;
23                  (b) intervals at which assessments are to be carried out and
24                        the review of assessments from time to time as occasion
25                        requires;
26                  (c) methods and criteria to be used to determine the
27                        treatment, care and support needs of participants;
28                  (d) requirements to be complied with by participants in
29                        connection with assessments, including requirements to



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     Motor Vehicle (Catastrophic Injuries) Bill 2016
     Part 3          Assessment of treatment, care and support needs

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1                        undergo medical examinations or other examinations by
2                        health professionals.
3          (3)   An assessment of the treatment, care and support needs of a
4                participant in the CISS must be carried out in accordance with
5                the regulations.

6    17.         Commission not liable for legal costs for assessment
7                The Commission is not liable for legal costs for or in respect of
8                legal services provided to a participant in the CISS in relation to
9                an assessment of the treatment, care and support needs of the
10               participant.




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                                    Motor Vehicle (Catastrophic Injuries) Bill 2016
                 Payments under catastrophic injuries support scheme         Part 4

                                                                              s. 18



1            Part 4 -- Payments under catastrophic injuries
2                         support scheme
3    18.         Payment of assessed treatment, care and support needs
4          (1)   The Commission must pay for all necessary and reasonable
5                expenses incurred by or on behalf of a person in relation to the
6                person's assessed treatment, care and support needs while the
7                person is a participant in the CISS.
8          (2)   The assessed treatment, care and support needs of a person who
9                is a participant in the CISS are those treatment, care and support
10               needs assessed by the Commission, in its treatment, care and
11               support assessment for the person, to be treatment, care and
12               support needs that --
13                 (a) are necessary and reasonable in the circumstances; and
14                 (b) relate to the motor vehicle injury in respect of which the
15                        person is a participant.
16         (3)   The Commission is not liable for any expenses in respect of the
17               following --
18                 (a) excluded treatment, care and support needs;
19                 (b) treatment, care and support needs that are not assessed
20                      treatment, care and support needs;
21                 (c) treatment, care and support needs excluded from the
22                      operation of this section by the regulations.
23         (4)   Without limiting subsection (3), subsections (1) and (2) operate
24               subject to the following --
25                 (a) any criteria set out in the regulations that make
26                       provision for or with respect to determining which
27                       treatment, care and support needs of a participant in the
28                       CISS --
29                          (i) are necessary and reasonable in the
30                               circumstances; and



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1                         (ii)   relate to the motor vehicle injury in respect of
2                                which the person is a participant;
3                 (b)    any monetary or other limits on the provision of
4                        particular treatment, care and support needs to a
5                        participant in the CISS set out in the regulations;
6                  (c)   any provision made by the regulations as to how
7                        expenses are to be paid for or covered.
8          (5)   Instead of paying the expenses for which it is liable under this
9                section as and when they are incurred, the Commission may pay
10               those expenses by the payment to the participant of an amount
11               to cover those expenses over a fixed period pursuant to an
12               agreement between the Commission and the participant for the
13               payment of those expenses by the participant.

14   19.         Payment not required in certain circumstances
15         (1)   In this section --
16               ordinary costs of raising a child include all costs associated with
17               the child's care, upbringing, education and advancement in life
18               other than costs reasonably incurred because the child has suffered
19               the motor vehicle injury in respect of which the child is a
20               participant.
21         (2)   The Commission is not required to make a payment in relation
22               to any of the following --
23                 (a) any treatment, care, support or service provided to a
24                       participant in the CISS on a gratuitous basis (that is,
25                       anything provided to a participant for which the
26                       participant has not paid and is not liable to pay);
27                 (b) any treatment, care, support or service provided to a
28                       participant in the CISS while the participant is absent
29                       from Australia;
30                 (c) in the case of a child, any treatment, care, support or
31                       service that would ordinarily fall within the ordinary
32                       costs of raising a child;



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                                                                               s. 20



1                  (d)   any treatment, care, support or service that is required to
2                        be provided by a registered provider but is provided by a
3                        person who is not, at the time of provision, a registered
4                        provider;
5                  (e)   any treatment, care, support or service that is provided
6                        in contravention of the regulations.
7          (3)   However, the Commission may elect to make a payment in
8                relation to any treatment, care, support or service referred to in
9                subsection (2) if the Commission considers that such a payment
10               is justified in the circumstances.
11         (4)   Subsection (2) applies even if the treatment, care, support or
12               services concerned are provided in connection with the assessed
13               treatment, care and support needs of a participant in the CISS.
14         (5)   The Commission is not required to pay for any treatment, care,
15               support or service provided to a person while the person's
16               participation in the CISS is suspended.

17   20.         Maximum amounts payable for certain treatment and
18               services
19         (1)   In this section each of the following terms has the meaning
20               given in the Hospitals and Health Services Act 1927
21               section 2(1) --
22               private hospital
23               public hospital
24         (2)   This section applies to a fee payable for any of the following
25               treatment or services provided to a participant in the CISS --
26                 (a) medical treatment;
27                 (b) dental treatment;
28                 (c) rehabilitation services;
29                 (d) attendant care services.




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     Motor Vehicle (Catastrophic Injuries) Bill 2016
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1          (3)   This section also applies to a fee payable to a private hospital
2                for any treatment provided to a participant in the CISS at the
3                hospital.
4          (4)   However, this section does not apply to a fee payable for
5                treatment or services referred to in subsection (2) if --
6                  (a) the treatment or services are provided to the participant
7                       at a public hospital (whether as an inpatient or
8                       outpatient); and
9                  (b) the fee is payable to the public hospital and not to the
10                      provider of the treatment or services.
11         (5)   The regulations may fix the maximum amount for which the
12               Commission is liable in respect of any claim for a fee to which
13               this section applies.
14         (6)   Without limiting subsection (5), the regulations may fix a
15               maximum amount by reference to fees recommended by a
16               prescribed person or by reference to a schedule of fees
17               published by a prescribed person.
18         (7)   A payment made by the Commission in respect of treatment or
19               services provided in connection with the treatment, care and
20               support needs of a participant in the CISS must be made
21               consistently with any regulations under this section.

22   21.         Recovery of payments for injury involving interstate vehicle
23         (1)   In this section --
24               appropriate person means --
25                 (a) in relation to an interstate vehicle covered under a policy
26                        of compulsory third-party personal injury insurance --
27                        the insurer in respect of that policy; or
28                 (b) in relation to an interstate vehicle covered under a
29                        compulsory motor vehicle accident compensation
30                        scheme -- the person liable under that scheme;
31               interstate vehicle, in relation to a motor vehicle injury, means a
32               motor vehicle that at the time of the injury was covered under a

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                 Payments under catastrophic injuries support scheme         Part 4

                                                                                  s. 22



1                policy of compulsory third-party personal injury insurance or a
2                compulsory motor vehicle accident compensation scheme under
3                the law of another State or a Territory.
4          (2)   If, after a person who has suffered a motor vehicle injury (the
5                injured person) has been accepted as an interim participant, the
6                Commission decides that this Act does not apply to the injury
7                because the owner or driver of a motor vehicle has incurred
8                liability for negligence in respect of the injury, the Commission
9                may, if that motor vehicle is an interstate vehicle, recover from
10               the appropriate person amounts already paid by the Commission
11               under this Part in respect of the treatment, care and support
12               needs of the injured person.

13   22.         Injury compensable under Workers' Compensation and
14               Injury Management Act 1981
15         (1)   This section applies if the motor vehicle injury in respect of
16               which a person is a participant in the CISS is compensable
17               under the Workers' Compensation and Injury Management
18               Act 1981 (the WCIM Act).
19         (2)   The Commission is not required to pay costs or expenses under
20               this Part if those costs or expenses have already been paid under
21               the WCIM Act.
22         (3)   If the Commission pays costs or expenses under this Part that
23               would have been payable under the WCIM Act, the
24               Commission may recover from the participant's employer, as
25               defined in section 5(1) of that Act, the value of that payment.

26   23.         Registered providers
27         (1)   The Commission may register specified persons, or persons of a
28               specified class, to provide the treatment, care, support or
29               services under the CISS that are identified under the regulations
30               as treatment, care, support or services to be provided by a
31               registered provider.



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     Part 4          Payments under catastrophic injuries support scheme

     s. 23



1       (2)    The Commission must keep a register of persons who are
2              registered under subsection (1).
3       (3)    The register may be kept in a manner and form determined by
4              the Commission.
5       (4)    The regulations may make provision for or in relation to --
6               (a) the standards of competency of registered providers; and
7               (b) matters relating to applications for registration under
8                     this section.
9       (5)    A registration may be granted on conditions determined by the
10             Commission.
11      (6)    A registered provider must not, without reasonable excuse,
12             contravene a condition of its registration.
13             Penalty for this subsection: a fine of $10 000.
14      (7)    The Commission may, in accordance with the regulations --
15              (a) vary, add to or cancel any conditions of a registration; or
16              (b) revoke a registration.




     page 18
                               Motor Vehicle (Catastrophic Injuries) Bill 2016
                                         Dispute resolution             Part 5

                                                                          s. 24



1                   Part 5 -- Dispute resolution
2    24.   Terms used
3          In this Part --
4          dispute resolution proceedings means proceedings relating to
5          the review of an eligibility decision or a treatment, care and
6          support assessment;
7          eligibility decision means --
8            (a) a decision made by the Commission for the purposes of
9                   Part 2 about --
10                     (i) whether an incident that results in an injury is a
11                          motor vehicle accident; or
12                    (ii) whether, under section 5, a motor vehicle injury
13                          is a motor vehicle injury to which this Act
14                          applies; or
15                   (iii) whether an injury results from a motor vehicle
16                          accident or is attributable to some other
17                          condition, event, incident or factor; or
18                   (iv) whether a motor vehicle injury is a catastrophic
19                          injury; or
20                    (v) a prescribed matter;
21                  or
22           (b) a decision made by the Commission under section 14(1)
23                  or regulations referred to in section 14(2) to suspend the
24                  participation of a person in the CISS.

25   25.   Review of eligibility decision
26         If an injured person or a participant in the CISS disputes an
27         eligibility decision, the person may apply to the Commission, in
28         accordance with regulations, for a review of the eligibility
29         decision.




                                                                      page 19
     Motor Vehicle (Catastrophic Injuries) Bill 2016
     Part 5          Dispute resolution

     s. 26



1    26.         Review of treatment, care and support assessment
2                If a participant in the CISS disputes a treatment, care and
3                support assessment, the participant may apply to the
4                Commission, in accordance with the regulations, for a review of
5                the treatment, care and support assessment.

6    27.         Appeals to District Court
7          (1)   In this section --
8                review decision means a decision made on the review of an
9                eligibility decision but does not include a decision referred to in
10               subsection (2).
11         (2)   A party to dispute resolution proceedings may appeal to the
12               District Court against a decision made in those proceedings
13               about --
14                 (a) whether an incident that results in an injury is a motor
15                       vehicle accident; or
16                 (b) whether, under section 5, a motor vehicle injury is a
17                       motor vehicle injury to which this Act applies.
18         (3)   A party to dispute resolution proceedings may, with the leave of
19               the District Court, appeal to the District Court against a review
20               decision made in those proceedings.
21         (4)   The District Court must not grant leave to appeal under
22               subsection (3) unless a question of law is involved.
23         (5)   An appeal under this section must be commenced within the
24               prescribed period after the date of the decision appealed against.
25         (6)   An appeal under this section must be conducted in accordance
26               with the rules of court of the District Court.

27   28.         Regulations about dispute resolution
28               The regulations may make provision for or in relation to the
29               following --
30                 (a) the making of applications under this Part and the way
31                      in which those applications are dealt with;

     page 20
                       Motor Vehicle (Catastrophic Injuries) Bill 2016
                                 Dispute resolution             Part 5

                                                                  s. 28



1    (b)   the practice and procedure to be followed in dispute
2          resolution proceedings;
3    (c)   the appointment or designation of persons as review
4          officers for the purposes of dispute resolution
5          proceedings;
6    (d)   the establishment of expert review panels for the
7          purposes of dispute resolution proceedings;
8    (e)   the functions of the Commission, review officers and
9          expert review panels in relation to dispute resolution
10         proceedings;
11   (f)   liability in respect of legal costs and other costs incurred
12         by an injured person or a participant in the CISS in
13         connection with applications made under this Part or
14         dispute resolution proceedings;
15   (g)   the review of decisions made in dispute resolution
16         proceedings.




                                                               page 21
     Motor Vehicle (Catastrophic Injuries) Bill 2016
     Part 6          Miscellaneous

     s. 29



1                            Part 6 -- Miscellaneous
2    29.         No contracting out
3                This Act applies despite anything to the contrary in a contract.

4    30.         Notification and disclosure of information by hospital
5          (1)   In this section --
6                hospital has the meaning given in the Hospitals and Health
7                Services Act 1927 section 2(1);
8                relevant information, in relation to a patient, means the whole
9                or any part of the patient's medical record or any other
10               information about the patient that is or is likely to be relevant to
11               the treatment, care or support of the patient.
12         (2)   If a person (the patient) is admitted to a hospital suffering an
13               injury that is or is reasonably believed to be a catastrophic
14               injury, the person in charge of the hospital or a person
15               authorised by the person in charge of the hospital for the
16               purposes of this subsection --
17                  (a) may notify the Commission of the patient's admission;
18                        and
19                 (b) may disclose to the Commission relevant information
20                        about the patient.
21         (3)   If a notification is given or a disclosure is made in good faith
22               under subsection (2) --
23                  (a) no civil or criminal liability is incurred in respect of the
24                        notification or disclosure; and
25                 (b) the notification or disclosure is not to be regarded as --
26                          (i) a breach of any duty of confidentiality or secrecy
27                                imposed by law; or
28                         (ii) a breach of professional ethics, professional
29                                standards or any principles of conduct applicable
30                                to a person's employment; or


     page 22
                                     Motor Vehicle (Catastrophic Injuries) Bill 2016
                                                     Miscellaneous            Part 6

                                                                               s. 31



1                        (iii)   unprofessional conduct.

2    31.         False or misleading information
3          (1)   A person must not do anything set out in subsection (2) --
4                  (a) in, or in connection with, an application made or a
5                       notice or other document given under this Act; or
6                 (b) in compliance, or purported compliance, with a
7                       requirement under this Act; or
8                  (c) for any other purpose under this Act.
9                Penalty for this subsection: a fine of $10 000.
10         (2)   The things to which subsection (1) applies are --
11                (a) making a statement that the person knows is false or
12                      misleading in a material particular; and
13                (b) omitting from a statement made anything without which
14                      the statement is, to the person's knowledge, misleading
15                      in a material particular; and
16                (c) giving information that --
17                         (i) the person knows is false or misleading in a
18                              material particular; or
19                        (ii) omits anything without which the information, to
20                              the person's knowledge, is misleading in a
21                              material particular.

22   32.         Obstruction
23         (1)   In this section --
24               Commission officer means --
25                 (a) a person appointed as an officer or employee of the
26                        Commission under the Insurance Commission of
27                        Western Australia Act 1986 section 12(1); or
28                 (b) a person engaged by the Commission under
29                        section 12(4) of that Act.



                                                                           page 23
     Motor Vehicle (Catastrophic Injuries) Bill 2016
     Part 6          Miscellaneous

     s. 33



1          (2)   A person who obstructs or hinders a Commission officer or
2                other person in the performance of a function under this Act
3                commits an offence.
4                Penalty for this subsection: a fine of $10 000.

5    33.         Guidelines
6          (1)   The Commission may issue guidelines to provide guidance on
7                matters relating to the operation of the CISS and to the
8                administration of this Act.
9          (2)   The Commission must publish guidelines issued under this
10               section on a website maintained by or on behalf of the
11               Commission.
12         (3)   Guidelines issued under this section are not subsidiary
13               legislation for the purposes of the Interpretation Act 1984.
14         (4)   A person who has functions under this Act must have regard to
15               guidelines issued under this section when performing those
16               functions.

17   34.         Regulations
18         (1)   The Governor may make regulations prescribing matters --
19                (a) required or permitted to be prescribed by this Act; or
20                (b) necessary or convenient to be prescribed for giving
21                     effect to this Act.
22         (2)   Without limiting subsection (1), the regulations may --
23                (a) make provision for or in relation to applications under
24                     this Act, including restrictions as to when applications
25                     can be made; and
26                (b) provide for requirements as to the provision of
27                     information to the Commission in connection with
28                     applications or assessments under this Act; and
29                (c) provide for requirements as to the provision of any
30                     consent or other authorisation necessary for the


     page 24
                                     Motor Vehicle (Catastrophic Injuries) Bill 2016
                                                     Miscellaneous            Part 6

                                                                               s. 35



1                        Commission to obtain information in connection with
2                        applications or assessments under this Act; and
3                 (d)    provide for offences against the regulations and
4                        prescribe penalties not exceeding a fine of $10 000 for
5                        those offences.

6    35.         Regulations may adopt codes or legislation
7          (1)   In this section --
8                code means a code, standard, rule, specification or other
9                document, published in or outside Australia, that does not by
10               itself have legislative effect in this State;
11               subsidiary legislation includes rules, regulations, instructions,
12               local laws and by-laws.
13         (2)   Regulations may adopt, either wholly or in part or with
14               modifications --
15                (a) any code; or
16                (b) any subsidiary legislation made, determined or issued
17                      under any other Act or under any Act of the
18                      Commonwealth, another State or a Territory.
19         (3)   The adoption may be by --
20                (a) incorporating the code or subsidiary legislation in the
21                      regulations; or
22                (b) incorporating the code or subsidiary legislation by
23                      reference.
24         (4)   If regulations adopt a code or subsidiary legislation by
25               reference, then, unless the regulations specify that a particular
26               text is adopted --
27                  (a) the code or subsidiary legislation is adopted as existing
28                        or in force when the regulations are made; and
29                 (b) any amendments made to the code or subsidiary
30                        legislation after the regulations are made have no legal
31                        effect as part of the regulations unless they are


                                                                            page 25
    Motor Vehicle (Catastrophic Injuries) Bill 2016
    Part 6          Miscellaneous

    s. 35



1                    specifically adopted by later regulations or a later
2                    amendment to the regulations.
3      (5)    If regulations adopt a code or subsidiary legislation by
4             reference, the Commission must ensure that a copy of the code
5             or subsidiary legislation, including any amendments made to it
6             from time to time that have been adopted, is published on a
7             website maintained by or on behalf of the Commission.




    page 26
                                Motor Vehicle (Catastrophic Injuries) Bill 2016
                                               Other Acts amended        Part 7
                               Civil Liability Act 2002 amended     Division 1
                                                                           s. 36



1                   Part 7 -- Other Acts amended
2             Division 1 -- Civil Liability Act 2002 amended
3    36.     Act amended
4            This Division amends the Civil Liability Act 2002.

5    37.     Section 13A inserted
6            At the end of Part 2 Division 3 insert:
7


8          13A.    Restrictions on damages if payments received under
9                  CISS
10           (1)   In this section --
11                 CISS means the scheme provided for in the
12                 MV(CI) Act for the lifetime care and support of certain
13                 people catastrophically injured in motor vehicle
14                 accidents;
15                 interim participant means a person who under the
16                 MV(CI) Act is an interim participant in the CISS;
17                 lifetime participant means a person who under the
18                 MV(CI) Act is a lifetime participant in the CISS;
19                 MV(CI) Act means the Motor Vehicle (Catastrophic
20                 Injuries) Act 2016;
21                 treatment, care and support needs means --
22                    (a) treatment, care and support needs as defined in
23                          the MV(CI) Act section 3(1); and
24                   (b) excluded treatment, care and support needs as
25                          defined in that section.
26           (2)   If a term used in this section (other than a term defined
27                 in subsection (1)) is given a meaning in the MV(CI)
28                 Act section 3(1), it has the same meaning in this
29                 section.


                                                                       page 27
     Motor Vehicle (Catastrophic Injuries) Bill 2016
     Part 7          Other Acts amended
     Division 1      Civil Liability Act 2002 amended
     s. 37



1              (3)   Without limiting the meaning given in subsection (1) to
2                    the term treatment, care and support needs it includes
3                    gratuitous services of a domestic nature or gratuitous
4                    services relating to nursing and attendance provided, or
5                    to be provided, to a person by a member of the same
6                    household or family as the person.
7              (4)   Subsection (5) applies to the awarding of damages in
8                    respect of a motor vehicle injury suffered by a person if
9                    the person is a participant in the CISS in respect of the
10                   injury.
11             (5)   No damages are to be awarded to the person in respect
12                   of --
13                     (a) any treatment, care and support needs of the
14                         person that relate to the motor vehicle injury
15                         and that have arisen during the period in respect
16                         of which the person is a participant in the CISS;
17                         or
18                     (b) any treatment, care and support needs of the
19                         person that relate to the motor vehicle injury
20                         and that will or may arise in future.
21             (6)   If the person is an interim participant, it is to be
22                   assumed for the purposes of subsection (5) that the
23                   person will become a lifetime participant in respect of
24                   the bodily injury.
25             (7)   Subsection (8) applies to the awarding of damages in
26                   respect of a motor vehicle injury suffered by a person if
27                   the person --
28                     (a) has ceased to be an interim participant in
29                           respect of the injury; and
30                     (b) has not become a lifetime participant in respect
31                           of the injury.
32             (8)   No damages are to be awarded to the person in respect
33                   of any treatment, care and support needs of the person

     page 28
                                 Motor Vehicle (Catastrophic Injuries) Bill 2016
                                           Other Acts amended             Part 7
              Insurance Commission of Western Australia Act 1986     Division 2
                                                       amended
                                                                            s. 38


1                    that relate to the motor vehicle injury and that arose
2                    during the period in respect of which the person was an
3                    interim participant.
4              (9)   Subsections (5) and (8) apply --
5                     (a) whether or not the treatment, care and support
6                           needs are assessed treatment, care and support
7                           needs; and
8                     (b) whether or not the Commission is required to
9                           make a payment in respect of the treatment,
10                          care and support needs; and
11                    (c) whether or not any treatment, care, support or
12                          service is provided on a gratuitous basis.
13            (10)   This section has effect despite section 12.
14


15         Division 2 -- Insurance Commission of Western Australia
16                           Act 1986 amended
17   38.       Act amended
18             This Division amends the Insurance Commission of Western
19             Australia Act 1986.

20   39.       Section 6 amended
21             After section 6(a) insert:
22

23                    (aa)   to manage and administer, and monitor the
24                           operation of, the catastrophic injuries support
25                           scheme as defined in the Motor Vehicle
26                           (Catastrophic Injuries) Act 2016 section 3(1);
27                           and
28




                                                                         page 29
     Motor Vehicle (Catastrophic Injuries) Bill 2016
     Part 7          Other Acts amended
     Division 2      Insurance Commission of Western Australia Act 1986
                     amended
     s. 40


1    40.         Section 16 amended
2          (1)   Delete section 16(1)(b) and insert:
3

4                        (b)   a fund to be called the "Motor Vehicle
5                              (Catastrophic Injuries) Fund"; and
6

7          (2)   After section 16(2) insert:
8

9                (3)   The Motor Vehicle (Catastrophic Injuries) Fund shall
10                     consist of --
11                       (a) moneys appropriated for, or derived from or in
12                             connection with, the Commission's functions
13                             under section 6(aa) or its functions under
14                             section 6(e) in so far as they relate to personal
15                             injury; and
16                       (b) other property received or acquired by the
17                             Commission in connection with the
18                             Commission's functions referred to in
19                             paragraph (a); and
20                       (c) moneys or other property credited, apportioned
21                             or transferred to that Fund under section 17
22                             or 18,
23                     and, subject to section 18, may be applied for the
24                     purpose of carrying out the Commission's functions
25                     referred to in paragraph (a) and for that purpose only.
26


27   41.         Section 18 amended
28               In section 18(2) after "Third Party Insurance Fund," insert:
29

30               the Motor Vehicle (Catastrophic Injuries) Fund,
31




     page 30
                                    Motor Vehicle (Catastrophic Injuries) Bill 2016
                                               Other Acts amended            Part 7
           Motor Vehicle (Third Party Insurance) Act 1943 amended       Division 3
                                                                               s. 42



1            Division 3 -- Motor Vehicle (Third Party Insurance)
2                           Act 1943 amended
3    42.       Act amended
4              This Division amends the Motor Vehicle (Third Party
5              Insurance) Act 1943.

6    43.       Section 3 amended
7              In section 3(1) insert in alphabetical order:
8

9                    assessed treatment, care and support needs has the
10                   meaning given in the MV(CI) Act section 18(2);
11                   catastrophic injury has the meaning given in the
12                   MV(CI) Act section 3(1);
13                   CISS means the scheme provided for in the
14                   MV(CI) Act for the lifetime care and support of certain
15                   people catastrophically injured in motor vehicle
16                   accidents;
17                   MV(CI) Act means the Motor Vehicle (Catastrophic
18                   Injuries) Act 2016;
19


20   44.       Section 3EA inserted
21             After section 3E insert:
22


23         3EA.      Restrictions on damages if payments received under
24                   CISS
25             (1)   In this section --
26                   interim participant means a person who under the
27                   MV(CI) Act is an interim participant in the CISS;
28                   lifetime participant means a person who under the
29                   MV(CI) Act is a lifetime participant in the CISS;


                                                                           page 31
     Motor Vehicle (Catastrophic Injuries) Bill 2016
     Part 7          Other Acts amended
     Division 3      Motor Vehicle (Third Party Insurance) Act 1943 amended
     s. 44



1                    treatment, care and support needs means --
2                      (a) treatment, care and support needs as defined in
3                           the MV(CI) Act section 3(1); and
4                      (b) excluded treatment, care and support needs as
5                           defined in that section.
6              (2)   Without limiting the meaning given in subsection (1) to
7                    the term treatment, care and support needs it includes
8                    gratuitous services of a domestic nature or gratuitous
9                    services relating to nursing and attendance provided, or
10                   to be provided, to a person by a member of the same
11                   household or family as the person.
12             (3)   Subsection (4) applies to the awarding of damages in
13                   respect of bodily injury to a person directly caused by,
14                   or by the driving of, a motor vehicle if the person --
15                     (a) has ceased to be an interim participant in
16                           respect of the bodily injury; and
17                     (b) has not become a lifetime participant in respect
18                           of the bodily injury.
19             (4)   No damages are to be awarded to the person in respect
20                   of any treatment, care and support needs of the person
21                   that relate to the bodily injury and that arose during the
22                   period in respect of which the person was an interim
23                   participant.
24             (5)   Subsection (4) applies --
25                    (a) whether or not the treatment, care and support
26                          needs are assessed treatment, care and support
27                          needs; and
28                    (b) whether or not the Commission is required to
29                          make a payment in respect of the treatment,
30                          care and support needs; and
31                    (c) whether or not any treatment, care, support or
32                          service is provided on a gratuitous basis.


     page 32
                                    Motor Vehicle (Catastrophic Injuries) Bill 2016
                                               Other Acts amended            Part 7
           Motor Vehicle (Third Party Insurance) Act 1943 amended       Division 3
                                                                               s. 45



1              (6)   If subsection (4) applies a court is not to award
2                    damages to a person contrary to that subsection.
3


4    45.       Sections 3FA and 3FB inserted
5              After section 3F insert:
6


7          3FA.      Restrictions on damages to be part of the
8                    substantive law
9              (1)   In this section --
10                   restrictive provisions means sections 3A to 3F.
11             (2)   To remove doubt it is declared that if the substantive
12                   law of Western Australia is to govern a claim for
13                   damages in respect of bodily injury to a person directly
14                   caused by, or by the driving of, a motor vehicle, the
15                   restrictive provisions are part of that substantive law
16                   and are to be applied accordingly by the court that
17                   determines the claim (including a court of another
18                   jurisdiction).
19             (3)   This subsection applies if --
20                    (a) a court (including a court of another
21                          jurisdiction) awards damages to a person in
22                          respect of bodily injury to a person directly
23                          caused by, or by the driving of, a motor vehicle;
24                          and
25                    (b) the award does not conform with the restrictive
26                          provisions.
27             (4)   If subsection (3) applies, the person against whom the
28                   award is made is not required to pay the damages
29                   awarded to the extent that the award is contrary to the
30                   restrictive provisions.



                                                                           page 33
     Motor Vehicle (Catastrophic Injuries) Bill 2016
     Part 7          Other Acts amended
     Division 3      Motor Vehicle (Third Party Insurance) Act 1943 amended
     s. 46



1                (5)   If subsection (3) applies and the person against whom
2                      the award is made has paid as damages an amount in
3                      excess of the amount that would have been payable if
4                      the award had conformed with the restrictive
5                      provisions, that person is entitled to recover the excess
6                      as a debt from the person to whom the payment is
7                      made.

8            3FB.      Damages for treatment, care and support needs:
9                      catastrophic injury
10               (1)   In this section --
11                     treatment, care and support needs has the meaning
12                     given in the MV(CI) Act section 6.
13               (2)   Subsection (3) applies to the awarding of damages in
14                     respect of catastrophic injury to a person directly
15                     caused by, or by the driving of, a motor vehicle to the
16                     extent that the damages relate to any treatment, care
17                     and support needs of the person that have arisen or will
18                     or may arise in the future.
19               (3)   In determining the amount of damages, no deduction is
20                     to be made for any contributory negligence of the
21                     person in relation to the catastrophic injury to which
22                     the damages relate.
23               (4)   If subsection (3) applies a court awarding damages to a
24                     person is to award them in accordance with that
25                     subsection.
26


27   46.         Section 3T amended
28         (1)   In section 3T(1) delete the passage that begins with "by the
29               Commission," and continues to the end of the subsection and
30               insert:




     page 34
                                      Motor Vehicle (Catastrophic Injuries) Bill 2016
                                                 Other Acts amended            Part 7
             Motor Vehicle (Third Party Insurance) Act 1943 amended       Division 3
                                                                                 s. 47



1

2                 and the MV(CI) Act by the Commission, will be sufficient to
3                 meet claims, payments, costs and other expenses anticipated to
4                 arise or to be incurred under this Act and the MV(CI) Act.
5

6          (2)    In section 3T(2) delete "the Fund." and insert:
7

8                 the Fund and the Motor Vehicle (Catastrophic Injuries) Fund
9                 established under the Insurance Commission of Western
10                Australia Act 1986 section 16(1)(b).
11


12   47.          Section 4 amended
13                Delete section 4(8) and insert:
14

15                (8)   Despite anything to the contrary in the Vehicles Act,
16                      no licence is to be granted or renewed under that Act in
17                      respect of a motor vehicle unless, before or at the time
18                      of the grant or renewal, there is paid to and received by
19                      the Director General the appropriate insurance
20                      premium determined by the Commission for the class
21                      of vehicle concerned and for the period for which the
22                      licence is granted or renewed.
23               (8A)   The grant or renewal of a licence under the Vehicles
24                      Act in respect of a motor vehicle is to be taken to
25                      constitute the issue of a policy of insurance complying
26                      with this Act --
27                        (a) in respect of the motor vehicle; and
28                        (b) in respect of the period for which the licence is
29                              granted or renewed.
30               (8B)   A licence document under the Vehicles Act in respect
31                      of a motor vehicle must incorporate a statement in a
32                      form approved by the Commission explaining --

                                                                             page 35
     Motor Vehicle (Catastrophic Injuries) Bill 2016
     Part 7          Other Acts amended
     Division 3      Motor Vehicle (Third Party Insurance) Act 1943 amended
     s. 48



1                      (a)   the effect of a policy of insurance complying
2                            with this Act, including the effect that the
3                            policy has because of the operation of
4                            section 6A; and
5                      (b)   the obligations of persons as to the reporting of
6                            motor vehicle accidents causing bodily injury
7                            or death; and
8                      (c)   related matters.
9


10   48.       Section 6 amended
11             In section 6(1)(c) delete "a form substantially similar to that"
12             and insert:
13

14             the form
15


16   49.       Section 6A inserted
17             After section 6 insert:
18


19         6A.       Insurance relating to catastrophic injury
20             (1)   In this section --
21                   motor vehicle accident has the meaning given in the
22                   MV(CI) Act section 4(1).
23             (2)   Subject to subsection (3), a policy of insurance
24                   complying with this Act is also taken to insure any
25                   person (the injured person) against the risk of
26                   suffering a catastrophic injury that --
27                     (a) is a motor vehicle injury to which the MV(CI)
28                           Act applies; and
29                     (b) results from a motor vehicle accident involving
30                           the vehicle mentioned in the policy.


     page 36
                                    Motor Vehicle (Catastrophic Injuries) Bill 2016
                                               Other Acts amended            Part 7
           Motor Vehicle (Third Party Insurance) Act 1943 amended       Division 3
                                                                               s. 50



1                (3)   The insurance referred to in subsection (2) extends
2                      only to the making of payments under the CISS for, or
3                      in respect of, necessary and reasonable expenses
4                      incurred by or on behalf of the injured person in
5                      relation to the injured person's assessed treatment, care
6                      and support needs.
7


8    50.         Section 21 replaced
9                Delete section 21 and insert:
10


11         21.         Term of policy of insurance extended in certain
12                     cases
13               (1)   This section applies if a vehicle licence in respect of a
14                     motor vehicle is renewed after it has expired.
15               (2)   If the vehicle licence is renewed within the period of
16                     15 days after the day on which the vehicle licence
17                     expired, the operation of the policy related to the
18                     vehicle licence is, despite section 4(8A)(b), extended
19                     until the vehicle licence is renewed.
20               (3)   In subsection (2) the reference to the policy related to
21                     the vehicle licence is a reference to the policy of
22                     insurance taken to have been issued under
23                     section 4(8A) in respect of the motor vehicle to which
24                     the licence applies.
25               (4)   If the vehicle licence is not renewed until after the end
26                     of the period mentioned in subsection (2), the motor
27                     vehicle is an uninsured motor vehicle for the period
28                     beginning on the day after the day on which the vehicle
29                     licence expired and ending on the day on which the
30                     vehicle licence is renewed.




                                                                            page 37
     Motor Vehicle (Catastrophic Injuries) Bill 2016
     Part 7          Other Acts amended
     Division 3      Motor Vehicle (Third Party Insurance) Act 1943 amended
     s. 51



1              (5)   Subsection (4) does not affect the amount of the
2                    insurance premium that must be paid before the vehicle
3                    licence can be renewed.
4


5    51.       Sections 27B and 27C inserted
6              After section 27A insert:
7


8          27B.      False or misleading information
9              (1)   A person must not do anything set out in
10                   subsection (2) --
11                     (a) in, or in connection with, a notice or other
12                          document given under this Act; or
13                     (b) in compliance, or purported compliance, with a
14                          requirement under this Act; or
15                     (c) for any other purpose under this Act.
16                   Penalty for this subsection: a fine of $10 000.
17             (2)   The things to which subsection (1) applies are --
18                    (a) making a statement that the person knows is
19                          false or misleading in a material particular; and
20                    (b) omitting from a statement made anything
21                          without which the statement is, to the person's
22                          knowledge, misleading in a material particular;
23                          and
24                    (c) giving information that --
25                             (i) the person knows is false or misleading
26                                  in a material particular; or
27                            (ii) omits anything without which the
28                                  information, to the person's knowledge,
29                                  is misleading in a material particular.




     page 38
                                    Motor Vehicle (Catastrophic Injuries) Bill 2016
                                               Other Acts amended            Part 7
           Motor Vehicle (Third Party Insurance) Act 1943 amended       Division 3
                                                                               s. 52



1          27C.        Obstruction
2                (1)   In this section --
3                      Commission officer means --
4                        (a) a person appointed as an officer or employee of
5                               the Commission under the Insurance
6                               Commission of Western Australia Act 1986
7                               section 12(1); or
8                        (b) a person engaged by the Commission under
9                               section 12(4) of that Act.
10               (2)   A person who obstructs or hinders a Commission
11                     officer or other person in the performance of a function
12                     under this Act commits an offence.
13                     Penalty for this subsection: a fine of $10 000.
14


15   52.         Section 30 replaced
16               Delete section 30 and insert:
17


18         30.         Examination of injured person by health
19                     professional
20               (1)   In this section --
21                     health profession has the meaning given in the Health
22                     Practitioner Regulation National Law (Western
23                     Australia) section 5;
24                     health professional, means --
25                       (a) in relation to the examination of an injured
26                              person in Australia -- a person registered under
27                              the Health Practitioner Regulation National
28                              Law (Western Australia) to practise a health
29                              profession (other than as a student); or




                                                                           page 39
     Motor Vehicle (Catastrophic Injuries) Bill 2016
     Part 7          Other Acts amended
     Division 3      Motor Vehicle (Third Party Insurance) Act 1943 amended
     s. 52



1                     (b)   in relation to the examination of an injured
2                           person in another country -- a person licensed,
3                           registered or otherwise authorised under a law
4                           of that country to practise a health profession
5                           (other than as a student).
6              (2)   Where, in accordance with section 29, the Commission
7                    has received notice of a claim for damages in relation
8                    to the bodily injury of a person (an injured person), the
9                    Commission may, subject to the regulations, require
10                   the injured person from time to time to be examined by
11                   a health professional nominated by the Commission.
12             (3)   The Commission must pay for an examination under
13                   subsection (2).
14             (4)   An injured person may be accompanied at an
15                   examination under subsection (2) by a medical adviser
16                   but not by a legal adviser.
17             (5)   If an injured person, without reasonable excuse, refuses
18                   to undergo an examination under subsection (2), no
19                   action for damages is to be commenced or proceeded
20                   with unless the injured person has undergone the
21                   examination.
22             (6)   The costs (if any) allowed by a court to the
23                   Commission as the successful defendant, in an action
24                   for damages brought against it, may, in the discretion
25                   of and upon the certificate of the court, include any
26                   expenses incurred by the Commission in the payment
27                   of professional fees to a health professional who has
28                   conducted an examination under subsection (2).
29




     page 40
                                    Motor Vehicle (Catastrophic Injuries) Bill 2016
                                               Other Acts amended            Part 7
           Motor Vehicle (Third Party Insurance) Act 1943 amended       Division 3
                                                                               s. 53



1    53.         Section 34 replaced
2                Delete section 34 and insert:
3


4          34.         Transitional provision for Motor Vehicle
5                      (Catastrophic Injuries) Act 2016
6                (1)   In this section --
7                      commencement day means the day on which the Motor
8                      Vehicle (Catastrophic Injuries) Act 2016 sections 47
9                      and 50 come into operation;
10                     issued means granted or renewed;
11                     relevant day means the day on which the Motor
12                     Vehicle (Catastrophic Injuries) Act 2016 section 5
13                     comes into operation;
14                     repealed provision means section 4(8) as enacted
15                     before the commencement day.
16               (2)   If a vehicle licence is issued on or after the
17                     commencement day for a period beginning before the
18                     relevant day, the repealed provision applies in relation
19                     to the issue of the vehicle licence and section 4(8)
20                     to (8B) do not apply.
21               (3)   This subsection applies if --
22                      (a) a vehicle licence that expired before the
23                            commencement day has not been renewed
24                            before the commencement day; or
25                      (b) a vehicle licence expires on or after the
26                            commencement day but before the relevant
27                            day; or
28                      (c) the period for which a vehicle licence was
29                            issued began before the relevant day and the
30                            vehicle licence expires on or after the relevant
31                            day.


                                                                           page 41
     Motor Vehicle (Catastrophic Injuries) Bill 2016
     Part 7          Other Acts amended
     Division 3      Motor Vehicle (Third Party Insurance) Act 1943 amended
     s. 53



1              (4)   If subsection (3) applies --
2                      (a) section 21(3) does not apply and, in
3                            section 21(2), the reference to the policy related
4                            to the vehicle licence is to be taken to be a
5                            reference to the policy of insurance
6                            incorporated in the vehicle licence as required
7                            by the repealed provision; and
8                      (b) in section 21(2) the reference to
9                            section 4(8A)(b) is to be taken to be a reference
10                           to paragraph (b) of the repealed provision.
11


12




     page 42
                                         Motor Vehicle (Catastrophic Injuries) Bill 2016



                                                                                                    Defined terms



                                        Defined terms
      [This is a list of terms defined and the provisions where they are defined.
                             The list is not part of the law.]
Defined term                                                                                              Provision(s)
appropriate person.......................................................................................... 21(1)
assessed treatment, care and support needs...................................................... 3(1)
catastrophic injuries support scheme (CISS) ................................................... 3(1)
catastrophic injury............................................................................................ 3(1)
code ................................................................................................................ 35(1)
Commission ..................................................................................................... 3(1)
Commission officer........................................................................................ 32(1)
dispute resolution proceedings ............................................................................ 24
document.......................................................................................................... 3(1)
driver ................................................................................................................ 5(1)
eligibility decision............................................................................................... 24
excluded treatment, care and support needs ..................................................... 3(1)
health profession .............................................................................................. 3(1)
health professional ........................................................................................... 3(1)
hospital ........................................................................................................... 30(1)
injured person ................................................................................................ 21(2)
interstate vehicle ............................................................................................ 21(1)
legal costs......................................................................................................... 3(1)
legal services .................................................................................................... 3(1)
motor sports event ............................................................................................ 5(1)
motor vehicle ................................................................................................... 3(1)
motor vehicle accident ..................................................................................... 3(1)
motor vehicle injury ......................................................................................... 3(1)
notify ................................................................................................................ 3(1)
ordinary costs of raising a child ..................................................................... 19(1)
owner ............................................................................................................... 5(1)
participant in the CISS ..................................................................................... 3(1)
patient ............................................................................................................ 30(2)
prescribed......................................................................................................... 3(1)
private hospital ............................................................................................... 20(1)
private land ...................................................................................................... 5(1)
public hospital ................................................................................................ 20(1)
registered provider ........................................................................................... 3(1)
relevant information ....................................................................................... 30(1)
relevant person ................................................................................................. 3(2)
subsidiary legislation ..................................................................................... 35(1)
treatment, care and support assessment ........................................................... 3(1)
treatment, care and support needs .................................................................... 3(1)
WCIM Act ..................................................................................................... 22(1)



 


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