NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - As at 1 March 2023 - Act 34 of 2016
- As at 1 March 2023 - Act 34 of 2016Table of Provisions
CHAPTER 1 - PRELIMINARY
PART 1 - INTRODUCTION
PART 2 - PURPOSE AND APPLICATION
PART 3 - INTERPRETATION
- 6 Definitions
- 7 Meaning of prescribed vehicle
- 8 Meaning of treatment, care and support needs
- 9 Meaning of excluded treatment, care and support
- 10 When a claim is finalised
- 11 References in Act to particular terms
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
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
- 28 Making service request
- 29 Information request
- 30 Assessing service request
- 31 Deciding service request
- 32 Failure to decide service request
PART 4 - PAYMENTS
Division 1 - Preliminary
- 33 About this part
Division 2 - Funding agreements
- 34 Funding agreement
Division 3 - Payment requests
- 35 Request for payment
- 36 Information request
- 37 Deciding payment request
- 38 Notice of decision
- 39 Failure to decide payment request
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
CHAPTER 3 - NATIONAL INJURY INSURANCE AGENCY, QUEENSLAND
PART 1 - ESTABLISHMENT, FUNCTIONS AND POWERS
Division 1 - Establishment of agency
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
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
- 90 Relationship with Financial Accountability Act 2009
- 91 Draft strategic and operational plans
- 92 Modifications of strategic or operational plan
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
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
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