NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - SECT 41 Notice about right to treatment, care and support damages

NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - SECT 41

41 Notice about right to treatment, care and support damages

(1) The participant must give a notice to the agency and the insurer stating whether or not the participant wants to preserve any right the participant may have to be awarded treatment, care and support damages under a final judgment of a court or a binding settlement.

(2) A notice given under subsection (1) stating that the participant wants to preserve any right the participant may have to be awarded treatment, care and support damages is a
"preservation notice" .

(3) The participant must give a notice under subsection (1) —

(a) if the claim is made after the participant is accepted as a lifetime participant—within 14 days after the participant is given, or is entitled to be given, a notice under the Insurance Act , section 39 (1) or (2) ; or

(b) if the claim is made before the participant is accepted as a lifetime participant—within 14 days after the participant is given notice of the participant’s acceptance into the scheme as a lifetime participant.

(4) However, a notice may be given after the period stated in subsection (3) , but before a final judgment is given, or a settlement is made, in relation to the claim, if—

(a) the insurer and the agency agree to the notice being given; and

(b) for a claim that is the subject of a proceeding before a court—the court orders that the notice may be given.

(5) If the agency considers the participant is a person under a legal disability, the agency must apply to the court for an order sanctioning a notice given under subsection (1) .

(6) Subsections (7) and (8) apply if the court considers the participant is a person under a legal disability.

(7) The court—

(a) must decide whether or not to sanction the notice; and

(b) may order that the participant, or a person acting for the participant, give a new notice under subsection (1) ; and

(c) may make any other order the court considers appropriate.

(8) If the participant is an adult, the court may exercise all the powers of QCAT under the Guardianship and Administration Act 2000 , chapter 3 .

(9) If the court exercises a power mentioned in subsection (8) , the Guardianship and Administration Act 2000 , section 245 (3) to (6) applies in relation to the exercise of the power as if the court were acting under section 245 (2) of that Act.

(10) This section is subject to section 43 .

(11) In this section—


"court" means—

(a) if a proceeding in relation to the claim has been brought in the District Court or the Supreme Court—the court hearing the proceeding; or

(b) otherwise—the District Court or the Supreme Court.