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MOTOR ACCIDENTS (LIABILITIES AND COMPENSATION) ACT 1973 - SECT 23 Liability to pay scheduled benefits

MOTOR ACCIDENTS (LIABILITIES AND COMPENSATION) ACT 1973 - SECT 23

PART IV - Statutory Compensation in Respect of Motor Accidents Liability to pay scheduled benefits

(1)  The Board must pay the benefits prescribed by the regulations if a resident of this State suffers personal injury resulting directly from a motor accident and –
(a) the motor accident occurs in this State; or
(b) the motor accident occurs in another State or a Territory of the Commonwealth and involves a motor vehicle registered in this State.
(1AA)  Despite subsection (1) , the benefits payable by the Board under that subsection to a resident of this State who suffers personal injury resulting directly from a motor accident that occurs in another State or a Territory are the prescribed benefits less any benefits payable –
(a) to the person in respect of that injury; and
(b) under the law of that other State or Territory.
(1A)  The Board must pay the benefits prescribed by the regulations if a person who is not a resident of this State suffers personal injury resulting directly from a motor accident and –
(a) the motor accident occurs in this State; and
(b) the motor accident involves a motor vehicle registered in this State.
(2)  The Board must pay the medical benefits and disability benefits, and the benefits to family members for counselling services, prescribed by the regulations if a resident of another State or a Territory suffers personal injury resulting directly from a motor accident and –
(a) the motor accident occurs in this State; and
(b) the motor accident involves an interstate motor vehicle; and
(c) the injured person requires daily care.
(2A)  Subsections (1) , (1A) and (2) do not apply where the motor accident which resulted in the personal injury has not been reported as soon as practicable to a police officer unless the Board determines that in the circumstances the failure to so report the motor accident should be excused.
(2B)  For the purposes of subsections (1) and (1A) , a motor accident involves a motor vehicle registered in this State if –
(a) the motor vehicle is registered under the Vehicle and Traffic Act 1999 , whether or not that registration has been suspended under that Act or the Traffic Act 1925 ; and
(b) the personal injury results directly from –
(i) a collision, or action taken to avoid a collision, with the motor vehicle, whether the vehicle is stationary or moving; or
(ii) the motor vehicle moving out of control; or
(iii) the driving of the motor vehicle.
(2C)  For the purposes of subsection (2) , a motor accident involves an interstate motor vehicle –
(a) whether or not the motor vehicle's registration has been suspended under a law of the jurisdiction in which it is registered; and
(b) if the personal injury results directly from –
(i) a collision, or action taken to avoid a collision, with the motor vehicle, whether the vehicle is stationary or moving; or
(ii) the motor vehicle moving out of control; or
(iii) the driving of the motor vehicle.
(3)  Where, by virtue of subsection (1) , (1A) or (2) , scheduled benefits become payable by the Board, those benefits are payable in accordance with the provisions of the regulations.
(4)  The regulations may prescribe in relation to a person who suffers personal injury which results directly from a motor accident –
(a) the medical benefits payable to that person and the limit (except in respect of a person requiring daily care) on the amount of medical benefits payable; and
(b) the funeral benefits payable to that person's personal representative and the limit on the amount of funeral benefits payable; and
(c) the death benefits payable to dependants of that person and the limit on the amount of death benefits payable; and
(d) the disability allowance payable to that person and the limit on the amount of disability allowance payable; and
(e) the disability benefits payable to that person and the limit (except in respect of a person requiring daily care) on the amount of disability benefits payable; and
(f) the benefits payable to family members of that person for counselling services, if that person requires daily care as a result of the personal injury or has died as a result of the personal injury, and the limits on the amount of benefits payable in respect of the counselling services.
(5)  The regulations may provide that benefits may be paid by way of lump sum payments, by way of payment of expenses as they are incurred, or by way of periodical allowances.
(6)  The regulations may provide that the amount of benefits payable and the period for which benefits are payable may vary in respect of such factors as may be specified in the regulations.
(7)  The regulations may provide limits on the periods within which –
(a) a claim for scheduled benefits may be lodged with the Board; or
(b) entitlements to scheduled benefits accrue.
(8)  In this section –
counselling services means counselling that is provided by, or under the supervision of –
(a) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession; or
(b) any other prescribed person;
family member , in relation to a person, means –
(a) the spouse of the person or a person in a significant relationship with the person, within the meaning of the Relationships Act 2003 ; or
(b) a child of the person; or
(c) a parent of the person; or
(d) a sibling of the person; or
(e) a relative, or step-relative, of the person who lives with the person; or
(f) a prescribed person.