New South Wales Consolidated Acts

SPORTING INJURIES INSURANCE ACT 1978 - SECT 28A

28A Special provision with respect to payment of benefits to mentally incapacitated persons

(1) If a benefit is payable under this Act to a person who is mentally incapacitated as a result of the compensable injury, the Committee may postpone payment of the benefit pending a determination by the relevant court or tribunal as to whether the estate of the person should be subject to management because the person is incapable of managing his or her own affairs.

(2) Pending the payment of the benefit, the Committee is required to pay the money into a trust fund established by the Committee for the mentally incapacitated person.

(3) However, if a trust fund for the mentally incapacitated person already exists, the Committee may pay the benefit into that trust fund if it considers that it is in the best interests of the person to do so.