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NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - As at 1 March 2023 - Act 34 of 2016

- As at 1 March 2023 - Act 34 of 2016

Table of Provisions

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

  • 1 Short title
  • 2 Commencement

PART 2 - PURPOSE AND APPLICATION

  • 3 Purpose of Act and achieving purpose
  • 4 Application of Act
  • 5 Act binds all persons

PART 3 - INTERPRETATION

CHAPTER 2 - NATIONAL INJURY INSURANCE SCHEME, QUEENSLAND

PART 1 - PRELIMINARY

  • 12 Persons eligible to participate in scheme
  • 13 Persons may buy into scheme in particular circumstances
  • 14 Participants in scheme
  • 15 Necessary and reasonable treatment, care and support needs

PART 2 - APPLICATION TO PARTICIPATE IN SCHEME

Division 1 - Making application

  • 16 Application for approval
  • 17 When application may not be made
  • 18 When person other than injured person may make application
  • 19 Requirements for application
  • 20 Notifying insurer about application
  • 21 Information request

Division 2 - Deciding application

  • 22 Deciding application
  • 23 Notice of decision
  • 24 Failure to decide application

PART 3 - ASSESSING NEEDS

Division 1 - Preparing support plans

  • 25 Assessment of participant’s needs for treatment, care and support
  • 26 Making support plan
  • 27 Amending support plan

Division 2 - Service requests

PART 4 - PAYMENTS

Division 1 - Preliminary

  • 33 About this part

Division 2 - Funding agreements

  • 34 Funding agreement

Division 3 - Payment requests

Division 4 - Contribution by agency

  • 40 Application of division
  • 41 Notice about right to treatment, care and support damages
  • 42 Liability of agency to contribute towards damages
  • 43 Application to court for order
  • 44 Acceptance of treatment, care and support damages

PART 5 - REVIEWING PARTICIPATION

  • 45 Reviewing participation of interim participant
  • 46 Decision about review
  • 47 Notice of review decision
  • 48 Failure to make review decision

PART 6 - PARTICIPANTS ABSENT FROM AUSTRALIA

  • 49 Application of part
  • 50 Participant must notify agency of absence
  • 51 Reviewing support plan or service request approval
  • 52 Suspending participation

PART 7 - MISCELLANEOUS

  • 53 Requirement to notify of claim
  • 54 Electronic applications

CHAPTER 3 - NATIONAL INJURY INSURANCE AGENCY, QUEENSLAND

PART 1 - ESTABLISHMENT, FUNCTIONS AND POWERS

Division 1 - Establishment of agency

  • 55 Establishment
  • 56 Legal status
  • 57 Relationship with State

Division 2 - Functions and powers

  • 58 Functions
  • 59 General principles for performing functions
  • 60 Agency may agree to perform functions of support entity
  • 61 Powers
  • 62 Performing functions and exercising powers outside Queensland

Division 3 - Administration

  • 63 Staff of agency
  • 64 Delegation
  • 65 Advisory committees

PART 2 - (Repealed)

PART 3 - CHIEF EXECUTIVE OFFICER

  • 81 Appointment
  • 82 Term of appointment
  • 83 Conditions of appointment
  • 84 Chief executive officer’s functions

PART 4 - REPORTING AND ACCOUNTABILITY

Division 1 - Application of financial Acts

  • 85 Application of financial Acts

Division 2 - Reporting generally

  • 86 Quarterly reports
  • 87 Chief executive officer to inform Treasurer of particular issues
  • 88 Reporting to department

Division 3 - Annual reports

  • 89 Information to be included in annual report

Division 4 - Strategic and operational plans

CHAPTER 4 - FUNDING OF SCHEME

PART 1 - NATIONAL INJURY INSURANCE SCHEME FUND, QUEENSLAND

  • 93 Establishment of fund
  • 94 Payments from fund for public hospital services and emergency services
  • 95 Transfer of funds from the nominal defendant fund
  • 96 Payment of unearned insurer’s premiums

PART 2 - FUND LEVY

  • 97 Agency’s recommendation about levy
  • 98 Commission’s recommendation about levy
  • 99 Fixing levy

PART 3 - RECOVERY OF AMOUNTS

  • 100 Recovery in case of fraud
  • 101 Recovery from persons in default
  • 102 Recovery from insurer for interstate vehicles

CHAPTER 5 - ROLE OF THE COMMISSION

  • 103 Commission’s functions
  • 104 Information to be included in commission’s annual report

CHAPTER 6 - REVIEWS

PART 1 - INTERNAL REVIEW

  • 105 External review by QCAT starts with internal review
  • 106 Who may apply for internal review
  • 107 Requirements for making application
  • 108 Information request
  • 109 Internal review
  • 110 Notice of internal review decision
  • 111 Request for decision notice

PART 2 - EXTERNAL REVIEWS

Division 1 - Review by medical tribunal

Subdivision 1 - Referral to medical tribunal
  • 112 Request to refer medical matter to medical tribunal
  • 113 Agency must refer medical matter
  • 114 Constitution of medical tribunal
  • 115 Power of medical tribunal to carry out or arrange examination
  • Subdivision 2 - Proceedings of medical tribunal
  • 116 Application of subdivision
  • 117 Medical tribunal may request further information
  • 118 Exchange of relevant documents before medical tribunal
  • 119 Right to appear and be heard before medical tribunal
  • 120 New medical information
  • 121 Record keeping by medical tribunal
  • 122 Deferral of decisions
  • 123 Finality of medical tribunal’s decision
  • 124 Decisions of medical tribunal
  • 125 Protection from liability
  • Subdivision 3 - Reviewing internal review decision
  • 126 Agency must review internal review decision

Division 2 - External review by QCAT

  • 127 Who may apply for review by QCAT
  • 128 Receiving or adopting things in other proceedings
  • 129 Proceedings involving medical matters referred to medical tribunal

CHAPTER 7 - INFORMATION EXCHANGE

  • 130 Information to be given to the commission
  • 131 Agency may give personal information to particular entities

CHAPTER 8 - MISCELLANEOUS

PART 1 - OFFENCES, EVIDENCE AND PROCEEDINGS

  • 132 Offences involving fraud
  • 133 False or misleading information
  • 134 Offences against this Act
  • 135 Statement of complainant’s knowledge

PART 2 - OTHER PROVISIONS

  • 136 Direction to agency or chief executive officer about functions and powers
  • 137 Direction to agency or commission about alternative service delivery
  • 138 (Expired)
  • 139 Approved forms
  • 140 Regulation-making power

CHAPTER 9 - TRANSITIONAL PROVISIONS

PART 1 - TRANSITIONAL PROVISIONS FOR ACT NO. 34 OF 2016

  • 141 Definition for part
  • 142 Insurance commissioner is first board
  • 143 Insurance commissioner is first chief executive officer
  • 144 Agency’s first strategic and operational plans
  • 145 Levy for the 2016-2017 financial year

PART 2 - TRANSITIONAL PROVISIONS FOR QUEENSLAND FUTURE FUND (TITLES REGISTRY) ACT 2021

  • 146 Dissolution of board
  • 147 Existing chief executive officer
  • 148 Insurance commissioner holds office as chief executive officer
  • 149 References to approved forms

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