Motor Vehicle (Catastrophic Injuries) Act 2016 (WA)

Western Australia Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Act 2016 Western Australia Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Act 2016 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Motor vehicle accident 1 5. Motor vehicle injury to which Act applies 1 5A. Workplace injury to which Act applies 1 6. Treatment, care and support needs 1 7. Act binds Crown 1 Part 2 — Participation in catastrophic injuries support scheme 8. Eligibility to participate 1 9. Application to participate 1 10. Acceptance as participant 1 11. Interim participation 1 12. Lifetime participation 1 13. Former interim participant may apply to become participant 1 14. Suspension of participation 1 Part 3 — Assessment of treatment, care and support needs 15. Assessment of participant's treatment, care and support needs 1 16. Regulations about assessment of treatment, care and support needs 1 17. Commission not liable for legal costs for assessment 1 Part 4 — Payments under catastrophic injuries support scheme 18. Payment of assessed treatment, care and support needs 1 19. Payment not required in certain circumstances 1 20. Maximum amounts payable for certain treatment and services 1 21. Recovery of payments for injury involving interstate vehicle 1 23. Registered providers 1 Part 5 — Dispute resolution 24. Terms used 1 25. Review of eligibility decision 1 26. Review of treatment, care and support assessment 1 27. Appeals to District Court 1 28. Regulations about dispute resolution 1 Part 6 — Miscellaneous 29. No contracting out 1 30. Notification and disclosure of information by hospital 1 30A. Notification and disclosure of information about injured worker 1 31. False or misleading information 1 32. Obstruction 1 33. Guidelines 1 34. Regulations 1 35. Regulations may adopt codes or legislation 1 36. Review of Act 1 Part 7 — Other Acts amended Division 1 — Civil Liability Act 2002 amended 37. Act amended 1 38. Section 13A inserted 1 13A. Restrictions on damages if payments received under CISS 1 Division 2 — Insurance Commission of Western Australia Act 1986 amended 39. Act amended 1 40. Section 6 amended 1 41. Section 16 amended 1 42. Section 18 amended 1 Division 3 — Motor Vehicle (Third Party Insurance) Act 1943 amended 43. Act amended 1 44. Section 3 amended 1 45. Section 3EA inserted 1 3EA. Restrictions on damages if payments received under CISS 1 46. Sections 3FA and 3FB inserted 1 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 1 48. Section 4 amended 1 49. Section 6 amended 1 50. Section 6A inserted 1 6A. Insurance relating to catastrophic injury 1 51. Section 21 replaced 1 21. Term of policy of insurance extended in certain cases 1 52. Sections 27B and 27C inserted 1 27B. False or misleading information 1 27C. Obstruction 1 53. Section 30 replaced 1 30. Examination of injured person by health professional 1 54. Section 34 replaced 1 34. Transitional provision for Motor Vehicle (Catastrophic Injuries) Act 2016 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Act 2016 An Act to provide for a scheme for the lifetime care and support of certain people catastrophically injured in motor vehicle or workplace accidents, to make consequential amendments to other Acts, and for related purposes. [Long title amended: No. 21 of 2023 s. 662.] The Parliament of Western Australia enacts as follows: