Western Australian Current Acts

MOTOR VEHICLE (CATASTROPHIC INJURIES) ACT 2016

TABLE OF PROVISIONS

           Long Title
           Preamble

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   4.      Motor vehicle accident
            
   5.      Motor vehicle injury to which Act applies
            
   6.      Treatment, care and support needs
            
   7.      Act binds Crown

   PART 2 -- Participation in catastrophic injuries support scheme  

   8.      Eligibility to participate
            
   9.      Application to participate
            
   10.     Acceptance as participant
            
   11.     Interim participation
            
   12.     Lifetime participation
            
   13.     Former interim participant may apply to become participant
            
   14.     Suspension of participation

   PART 3 -- Assessment of treatment, care and support needs  

   15.     Assessment of participant’s treatment, care and support needs
            
   16.     Regulations about assessment of treatment, care and support needs
            
   17.     Commission not liable for legal costs for assessment

   PART 4 -- Payments under catastrophic injuries support scheme  

   18.     Payment of assessed treatment, care and support needs
            
   19.     Payment not required in certain circumstances
            
   20.     Maximum amounts payable for certain treatment and services
            
   21.     Recovery of payments for injury involving interstate vehicle
            
   22.     Injury compensable under Workers’ Compensation and Injury Management Act 1981
            
   23.     Registered providers

   PART 5 -- Dispute resolution  

   24.     Terms used
            
   25.     Review of eligibility decision
            
   26.     Review of treatment, care and support assessment
            
   27.     Appeals to District Court
            
   28.     Regulations about dispute resolution

   PART 6 -- Miscellaneous  

   29.     No contracting out
            
   30.     Notification and disclosure of information by hospital
            
   31.     False or misleading information
            
   32.     Obstruction
            
   33.     Guidelines
            
   34.     Regulations
            
   35.      Regulations may adopt codes or legislation
            
   36.     Review of Act

   PART 7 -- Other Acts amended

           Division 1 -- Civil Liability Act 2002 amended  

   37.     Act amended
            
   38.     Section 13A inserted
            
   13A.    Restrictions on damages if payments received under CISS 1

           Division 2 -- Insurance Commission of Western Australia Act 1986 amended  

   39.     Act amended
            
   40.     Section 6 amended
            
   41.     Section 16 amended
            
   42.     Section 18 amended

           Division 3 -- Motor Vehicle (Third Party Insurance) Act 1943 amended  

   43.     Act amended
            
   44.     Section 3 amended
            
   45.     Section 3EA inserted
            
   3EA.    Restrictions on damages if payments received under CISS 1
            
   46.     Sections 3FA and 3FB inserted
            
   3FA.    Restrictions on damages to be part of the substantive law 1
            
   3FB.    Damages for treatment, care and support needs: catastrophic injury 1
            
   47.     Section 3T amended
            
   48.     Section 4 amended
            
   49.     Section 6 amended
            
   50.     Section 6A inserted
            
   6A.     Insurance relating to catastrophic injury 1
            
   51.     Section 21 replaced
            
   21.     Term of policy of insurance extended in certain cases 1
            
   52.     Sections 27B and 27C inserted
            
   27B.    False or misleading information 1
            
   27C.    Obstruction 1
            
   53.     Section 30 replaced
            
   30.     Examination of injured person by health professional 1
            
   54.     Section 34 replaced
            
   34.     Transitional provision for Motor Vehicle (Catastrophic Injuries) Act 2016 1
            
           Uncommenced provisions table
           Defined terms