NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - SECT 12 Persons eligible to participate in scheme

NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - SECT 12

12 Persons eligible to participate in scheme

(1) A person is eligible to participate in the scheme in relation to a serious personal injury suffered by the person if—

(a) this Act applies in relation to the injury; and

(b) the injury meets the criteria (the
"eligibility criteria" ) for the injury prescribed by regulation.

(2) However, a person is not eligible to participate in the scheme in relation to a serious personal injury if—

(a) the person has been awarded damages, under a final judgment of a court or a binding settlement, in relation to the person’s treatment, care and support needs as a result of the injury; and

(b) the damages were paid other than by way of a payment by the agency under section 44 (3) (a) .

(3) Also, a person is not eligible to participate in the scheme in relation to a serious personal injury if—

(a) before the motor accident resulting in the serious personal injury, the person suffered from another injury or condition; and

(b) the serious personal injury does not permanently increase the extent of any disability experienced by the person before the motor accident.