MOTOR VEHICLE (CATASTROPHIC INJURIES) ACT 2016

Table of Provisions

• Long Title
• Preamble

PART 1 -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 3 Terms used
 
• 4 Motor vehicle accident
 
• 5 Motor vehicle injury to which Act applies
 
• 6 Treatment, care and support needs
 
• 7 Act binds Crown

PART 2 -- Participation in catastrophic injuries support scheme  

• 8 Eligibility to participate
 
• 9 Application to participate
 
• 10 Acceptance as participant
 
• 11 Interim participation
 
• 12 Lifetime participation
 
• 13 Former interim participant may apply to become participant
 
• 14 Suspension of participation

PART 3 -- Assessment of treatment, care and support needs  

• 15 Assessment of participant’s treatment, care and support needs
 
• 16 Regulations about assessment of treatment, care and support needs
 
• 17 Commission not liable for legal costs for assessment

PART 4 -- Payments under catastrophic injuries support scheme  

• 18 Payment of assessed treatment, care and support needs
 
• 19 Payment not required in certain circumstances
 
• 20 Maximum amounts payable for certain treatment and services
 
• 21 Recovery of payments for injury involving interstate vehicle
 
• 22 Injury compensable under Workers’ Compensation and Injury Management Act 1981
 
• 23 Registered providers

PART 5 -- Dispute resolution  

• 24 Terms used
 
• 25 Review of eligibility decision
 
• 26 Review of treatment, care and support assessment
 
• 27 Appeals to District Court
 
• 28 Regulations about dispute resolution

PART 6 -- Miscellaneous  

• 29 No contracting out
 
• 30 Notification and disclosure of information by hospital
 
• 31 False or misleading information
 
• 32 Obstruction
 
• 33 Guidelines
 
• 34 Regulations
 
• 35 Regulations may adopt codes or legislation
 
• 36 Review of Act

PART 7 -- Other Acts amended

Division 1 -- Civil Liability Act 2002 amended  

• 37 Act amended
 
• 38 Section 13A inserted
  13A. Restrictions on damages if payments received under CISS 1

Division 2 -- Insurance Commission of Western Australia Act 1986 amended  

• 39 Act amended
 
• 40 Section 6 amended
 
• 41 Section 16 amended
 
• 42 Section 18 amended

Division 3 -- Motor Vehicle (Third Party Insurance) Act 1943 amended  

• 43 Act amended
 
• 44 Section 3 amended
 
• 45 Section 3EA inserted
  3EA. Restrictions on damages if payments received under CISS 1  
• 46 Sections 3FA and 3FB inserted
  3FA. Restrictions on damages to be part of the substantive law 1   3FB. Damages for treatment, care and support needs: catastrophic injury 1  
• 47 Section 3T amended
 
• 48 Section 4 amended
 
• 49 Section 6 amended
 
• 50 Section 6A inserted
  6A. Insurance relating to catastrophic injury 1  
• 51 Section 21 replaced
 
• 21 Term of policy of insurance extended in certain cases 1
 
• 52 Sections 27B and 27C inserted
  27B. False or misleading information 1   27C. Obstruction 1  
• 53 Section 30 replaced
 
• 30 Examination of injured person by health professional 1
 
• 54 Section 34 replaced
 
• 34 Transitional provision for Motor Vehicle (Catastrophic Injuries) Act 2016 1
  Uncommenced provisions table Defined terms