National Injury Insurance Scheme (Queensland) Bill 2016 (Qld)

An Act to provide for a scheme for the treatment, care and support of persons seriously injured in motor accidents, and to amend this Act, the Civil Liability Act 2003 and the Motor Accident Insurance Act 1994 for particular purposes The Parliament of Queensland enacts—

Chapter 1 Preliminary

Part 1 Introduction

1 Short title This Act may be cited as the National Injury Insurance Scheme (Queensland) Act 2016 .

2 Commencement (1) The following provisions commence on a day to be fixed by proclamation— (a) chapter 4, part 2; (b) chapter 10, part 1 and part 2, division 2, subdivision 3. (2) The remaining provisions of this Act commence on 1 July 2016.

Part 2 Purpose and application

3 Purpose of Act and achieving purpose (1) The purpose of this Act is to ensure that persons who suffer particular serious personal injuries as a result of a motor accident in Queensland receive necessary and reasonable treatment, care and support, regardless of fault. (2) The purpose is achieved by establishing— (a) a national injury insurance scheme, Queensland for— (i) assessing the treatment, care and support needed by participants in the scheme; and (ii) making payments for the treatment, care and support of participants; and (b) a National Injury Insurance Agency, Queensland to administer the scheme; and (c) a national injury insurance scheme fund, Queensland.

4 Application of Act (1) This Act applies in relation to a serious personal injury caused by, through or in connection with a prescribed vehicle, if— (a) the injury is a result of— (i) the driving of the prescribed vehicle; or (ii) a collision, or action taken to avoid a collision, with the prescribed vehicle; or (iii) the prescribed vehicle running out of control; or (iv) a defect in the prescribed vehicle causing loss of control of the vehicle while the vehicle is being driven; and (b) the incident (the motor accident) resulting in the injury happens in Queensland on or after 1 July 2016. (2) However, this Act does not apply in relation to a serious personal injury caused by, through or in connection with an uninsured motor vehicle, other than a prescribed vehicle stated in subsection (3)(a), unless the motor accident resulting in the injury happens on a road or public place. (3) Also, this Act does not apply in relation to a serious personal injury caused by, through or in connection with— (a) any of the following prescribed vehicles unless the motor accident resulting in the injury happens on a road— (i) a tractor, backhoe, bulldozer, end-loader, forklift, industrial crane or hoist, or other mobile machinery; (ii) an agricultural machine; (iii) a motor vehicle adapted to run on rail or tram tracks; (iv) an amphibious vehicle; (v) a motor vehicle prescribed by regulation; or (b) a prescribed vehicle that, at the particular time of the motor accident resulting in the injury, is being used for the actual doing of an act or making of a threat that is an act of terrorism. (4) In this section— act of terrorism see the Insurance Act, section 4B. agricultural machine means a machine with its own automotive power that is— (a) built to perform agricultural tasks; and (b) being used for agricultural purposes. Examples— tractors and harvesters being used for agricultural purposes mobile machinery see the Insurance Act, section 4. public place see the Transport Operations (Road Use Management) Act 1995, schedule 4. road see the Transport Operations (Road Use Management) Act 1995, schedule 4. uninsured motor vehicle means a prescribed vehicle— (a) for which a CTP insurance policy is not in force; and (b) of which a self-insurer is not the registered owner; and (c) that is not a trailer.