NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - SECT 42
Liability of agency to contribute towards damages
NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - SECT 42
Liability of agency to contribute towards damages
42 Liability of agency to contribute towards damages
(1) If the participant gives a preservation notice, the agency is liable to
contribute towards the insurer’s liability, if any, on the claim for
treatment, care and support damages.
Notes—
1 For the awarding of damages
in relation to a participant’s treatment, care and support needs, see the
Civil Liability Act 2003, chapter 3 , part 2A .
2 For the role of the agency
in relation to a claim that the agency is liable to contribute towards, see
the Insurance Act , part 4 , division 8 .
(2) However, the agency stops
being liable to contribute if—
(a) a court decides, or the parties to the
claim agree by way of settlement, that—
(i) the participant is guilty of
contributory negligence in relation to the claim; and
(ii) the damages that
the participant would otherwise be entitled to in the absence of contributory
negligence are to be reduced, because of the contributory negligence, by 50%
or more; or
(b) a court decides, under section 41(7) , not to sanction the
preservation notice; or
(c) a court makes an order, under section 43,
preventing the participant from being awarded treatment, care and support
damages; or
(d) for a participant other than a participant whose preservation
notice has been sanctioned by a court—the participant, by notice to the
agency and the insurer, withdraws the preservation notice.