Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 (SA)

South Australia Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 An Act to provide a scheme for the lifetime treatment, care and support of persons catastrophically injured in motor vehicle accidents; to make related amendments to the Civil Liability Act 1936, the Motor Accident Commission Act 1992, the Motor Vehicles Act 1959, and the Stamp Duties Act 1923; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Treatment, care and support needs 5 Application of Act 6 Persons injured before commencement of Scheme can "buy in" Part 2—Lifetime Support Authority of South Australia Division 1—Establishment of Authority 7 Establishment of Authority 8 Ministerial control Division 2—Board of directors 9 Board of directors 10 Composition of board 11 Conditions of membership 12 Allowances and expenses 13 Validity of acts 14 Proceedings 15 Delegation Division 3—Functions and powers 16 Functions 17 Powers Division 4—Other matters 18 Staff and facilities 19 Advances by Treasurer 20 Borrowing and security for loans 21 Accounts and audit 22 Annual report 23 Code of conduct Part 3—Participation in Scheme 24 Eligibility for participation in Scheme 25 Application to participate in Scheme 26 Acceptance as a participant Part 4—Benefits under Scheme Division 1—Extent of benefits 27 Assessed treatment, care and support needs 28 Payment not required in certain circumstances 29 Approved providers Division 2—Treatment, care and support needs assessments 30 Assessment of treatment, care and support needs 31 Cooperation by participant 32 Requirements under LSS Rules Part 5—Disputes and reviews Division 1—Disputes about non‑medical matters 33 Preliminary 34 Resolution of disputes 35 Review by Tribunal Division 2—Disputes about eligibility 36 Disputes about eligibility 37 Review by Tribunal Division 3—Review of assessments 38 Review of assessments Part 6—Medical and other treatment or care costs 39 Bulk billing arrangements 40 Payment of certain expenses not covered by bulk billing arrangements 41 Maximum fees payable for services not provided at public hospitals Part 7—The Fund Division 1—Establishment of Fund 42 Lifetime Support Scheme Fund Division 2—Contributions associated with motor vehicle injuries 43 Determination by Authority of amount to be contributed to Fund 44 LSS Fund levy 45 Recovery of payments in respect of vehicles not insured under State law 46 Recovery in respect of persons in default Part 8—Miscellaneous 47 No contracting out 48 Release of information 49 Immunity 50 Treasurer's guarantee 51 False or misleading information 52 Absence of participant from Australia 53 Extraterritorial operation of Act 54 Authority to act on behalf of participant 55 Agreements with prescribed authorities 56 LSS Rules 57 Regulations Schedule 1—Expert review panels 1 Interpretation 2 Establishment 3 Constitution 4 Validity of acts 5 Procedures 6 Powers and procedures on a referral 7 Admissibility 8 Support staff and facilities Schedule 2—Related amendments and transitional provisions Part 1—Related amendments 1 Amendment provisions Part 2—Amendment of Civil Liability Act 1936 2 Amendment of section 3—Interpretation 3 Amendment of section 52—Damages for non‑economic loss 4 Insertion of section 56A 56A Additional provisions relating to motor vehicle injuries (economic loss) 5 Amendment of section 58—Damages in respect of gratuitous services 6 Insertion of sections 58A and 58B 58A Limitations on damages for participants in lifetime support scheme 58B Additional provisions relating to death on account of a motor vehicle injury 7 Amendment of section 65—Spouse or domestic partner may claim for loss or impairment of consortium 8 Insertion of Part 9 Division 13 Division 13—Regulations 76 Assessment of motor vehicle injuries 77 Regulations—general provisions Part 3—Amendment of Motor Accident Commission Act 1992 9 Insertion of section 4A 4A Commission to behave as model litigant 10 Amendment of section 14—Functions and objectives of Commission Part 4—Amendment of Motor Vehicles Act 1959 11 Amendment of section 5—Interpretation 12 Amendment of section 20—Application for registration 13 Amendment of section 24—Duty to grant registration 14 Amendment of section 118B—Interpretation of certain provisions where claim made or action brought against nominal defendant 15 Insertion of section 126A 126A Claim for compensation 16 Amendment of section 127—Medical examination of claimants 17 Amendment of section 127A—Control of medical services and charges for medical services to injured persons 18 Insertion of sections 127B and 127C 127B Liability of insurer to pay treatment, care and support costs 127C Control of legal costs 19 Insertion of section 134A 134A Review of scheme Part 5—Amendment of Stamp Duties Act 1923 20 Insertion of Part 3 Division 11 Division 11—LSS Fund levy 82B Interpretation 82C Lodgment of statement and payment of duty Part 6—Transitional provisions 21 Civil Liability Act—transitional provisions 22 Motor Vehicles Act—transitional provisions 23 Contribution to liabilities of Authority—transitional provisions Part 7—Review 24 Review Legislative history