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This is a Bill, not an Act. For current law, see the Acts databases.
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 12 176--1 page i 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 page ii 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: page 1 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; page 2 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 page 3 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); page 4 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; page 6 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. page 7 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 page 8 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. page 9 Motor Vehicle (Catastrophic Injuries) Bill 2016 Part 2 Participation in catastrophic injuries support scheme s. 13 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 page 11 Motor Vehicle (Catastrophic Injuries) Bill 2016 Part 3 Assessment of treatment, care and support needs s. 17 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. page 12 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 page 13 Motor Vehicle (Catastrophic Injuries) Bill 2016 Part 4 Payments under catastrophic injuries support scheme s. 19 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; page 14 Motor Vehicle (Catastrophic Injuries) Bill 2016 Payments under catastrophic injuries support scheme Part 4 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. page 15 Motor Vehicle (Catastrophic Injuries) Bill 2016 Part 4 Payments under catastrophic injuries support scheme s. 21 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 page 16 Motor Vehicle (Catastrophic Injuries) Bill 2016 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. page 17 Motor Vehicle (Catastrophic Injuries) Bill 2016 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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