{"id":"motor-vehicle-accidents-lifetime-support-scheme-act-2013","name":"Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013","slug":"motor-vehicle-accidents-lifetime-support-scheme-act-2013","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105984,"registerId":"sa-motor-vehicle-accidents-lifetime-support-scheme-act-2013-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\napproved insurer means an approved insurer under Part 4 of the Motor Vehicles Act 1959;\napproved provider—see section 29;\nassessed treatment, care and support needs are treatment, care and support needs that apply under section 27(2);\nattendant care and support services means services that aim to provide assistance to people with everyday tasks and includes (for example) personal assistance, nursing, home maintenance and domestic services;\nAuthority means the Lifetime Support Authority of South Australia established by this Act;\nboard means the board of directors of the Authority;\nchild means a person under the age of 18 years;\neligible person means a person who is eligible to be a participant in the Scheme under section 24;\nexcluded treatment, care and support needs—see section 4(2);\nexpert review panel means an expert review panel constituted under Schedule 1;\nFund means the Lifetime Support Scheme Fund established under Part 7;\nhealth professional means a registered health practitioner under the Health Practitioner Regulation National Law (other than a student);\ninsurer means an insurer in respect of a liability that may be incurred in respect of a motor vehicle injury (including an insurer under a law of a place other than South Australia or under a law of the Commonwealth);\nLSS Rules means the rules made by the Governor under section 56;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\nMinister for Health means the Minister responsible for the administration of the Health Care Act 2008;\nmotor vehicle accident means the incident caused by or arising out of the use of a motor vehicle that results in a motor vehicle injury;\nmotor vehicle injury means a bodily injury to a person caused by or arising out of the use of a motor vehicle;\nparticipant in the Scheme or participant means a person accepted under this Act as a participant in the Scheme (either as a lifetime participant or as an interim participant);\nprivate hospital means a private hospital within the meaning of the Health Care Act 2008;\npublic hospital means a hospital incorporated under the Health Care Act 2008;\nrelevant motor vehicle accident means the motor vehicle accident that results in the motor vehicle injury that is relevant for the purposes of the application of this Act in relation to a particular person;\nScheme means the Scheme under this Act for the lifetime treatment, care and support of certain persons injured in motor vehicle accidents;\nthird‑party policy means the policy of insurance that applies under Part 4 of the Motor Vehicles Act 1959;\ntreatment, care and support needs—see section 4;\ntreatment, care and support needs assessment means an assessment under Part 4;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tOther words and expressions used in this Act have the meaning assigned to them in section 5, or Part 4, of the Motor Vehicles Act 1959, unless the context otherwise requires or the LSS Rules provide otherwise.\n\t(3)\tWithout limiting subsection (2), section 99(3), (3a) and (4) of the Motor Vehicles Act 1959 will apply in relation to this Act in order to determine whether a bodily injury is to be regarded as being caused by or arising out of the use of a motor vehicle.\n\t(4)\tSubsection (3) applies subject to any provision made by the LSS Rules.\n4—Treatment, care and support needs\n\t(1)\tFor the purposes of this Act, the treatment, care and support needs of a participant in the Scheme are the participant's needs for or in connection with any of the following:\n\t(a)\tmedical treatment (including pharmaceuticals);\n\t(b)\tdental treatment;\n\t(c)\trehabilitation;\n\t(d)\tambulance transportation;\n\t(e)\trespite care;\n\t(f)\tattendant care and support services;\n\t(g)\taids and appliances;\n\t(h)\tprostheses;\n\t(i)\teducation and vocational training;\n\t(j)\thome and transport modification;\n\t(k)\tworkplace modification;\n\t(l)\tsuch other kinds of treatment, care, support or services as may be prescribed by the regulations for the purposes of this subsection;\n\t(m)\tsuch other kinds of treatment, care, support or services as may be determined by the Authority (either generally, for specified classes of cases, or for a particular person).\n\t(2)\tDespite subsection (1), but subject to subsection (1)(m), the treatment, care and support needs of a participant do not include any treatment, care, support or services declared by the LSS Rules to be excluded treatment, care and support needs.\n5—Application of Act\n\t(1)\tThis Act applies to and in relation to—\n\t(a)\tmotor vehicle injuries that result from a motor vehicle accident occurring on or after the commencement of this section; and\n\t(b)\tmotor vehicle injuries that result from a motor vehicle accident occurring before the commencement of this section where the person who suffered the injury is accepted into the Scheme under section 6.\n\t(2)\tThis Act may apply to and in relation to a motor vehicle injury whether or not the injury was caused (wholly or in part) by the fault of the owner or driver of the motor vehicle in the use or operation of the motor vehicle or of any other person, or whether or not the injury can be attributable to the act or omission of any particular person, and so applies even if the injured person was at fault (whether as owner or driver of the vehicle or otherwise).\n\t(3)\tIn addition, if a person becomes a participant in the Scheme, this Act applies to and in relation to—\n\t(a)\tany injury that is wholly or predominantly related to the motor vehicle injury that gave rise to the person's participation in the Scheme; and\n\t(b)\tany other injury that, under the LSS Rules, will be covered as part of the person's participation in the Scheme; and\n\t(c)\twithout limiting paragraphs (a) and (b) (or any other provisions of this Act), any treatment, care and support needs, or any expenses, that under the LSS Rules will be covered as part of the person's participation in the Scheme.\n6—Persons injured before commencement of Scheme can \"buy in\"\n\t(1)\tA person who has suffered a motor vehicle injury that results from a motor vehicle accident occurring before the commencement of section 5 (a pre‑commencement injury) may be accepted into the Scheme as a lifetime participant in the Scheme if—\n\t(a)\tthe person makes an application to the Authority in a manner and form determined by the Authority; and\n\t(b)\tthe person provides such information as the Authority may require as part of its assessment of the application; and\n\t(c)\tthe Authority determines that it will accept the person into the Scheme under this section; and\n\t(d)\tthe person pays to the Authority, for payment into the Fund, a contribution determined by the Authority.\n\t(2)\tIn connection with the operation of subsection (1)—\n\t(a)\tacceptance into the Scheme will be for the purpose of providing treatment, care, support and services in relation to the assessed treatment, care and support needs of the person; and\n\t(b)\tthe contribution to be paid into the Fund will be an amount that the Authority determines as the amount required to fund the treatment, care and support needs of the person as a lifetime participant in the Scheme in respect of the injury after applying any principle or criteria specified in the LSS Rules.\n\t(3)\tAn application made for a person to become a participant in the Scheme in respect of a pre‑commencement injury cannot be made by an insurer.\n\t(4)\tThe LSS Rules may make provision for or with respect to any matter that may be convenient in connection with this section (including as to the provision of any information or report that may be relevant in the circumstances).\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Lifetime Support Authority of South Australia","content":"Part 2—Lifetime Support Authority of South Australia\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Establishment of Authority","content":"Division 1—Establishment of Authority\n7—Establishment of Authority\n\t(1)\tThe Lifetime Support Authority of South Australia is established.\n\t(2)\tThe Authority is a body corporate.\n\t(3)\tThe Authority is an instrumentality of the Crown and holds its property on behalf of the Crown.\n8—Ministerial control\nThe Authority is subject to the general control and direction of the Minister.\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Board of directors","content":"Division 2—Board of directors\n9—Board of directors\n\t(1)\tThe Authority is to have a board of directors.\n\t(2)\tThe board is the governing body of the Authority and anything done by the board in the administration of the Authority is taken to be an act of the Authority.\n10—Composition of board\n\t(1)\tThe board consists of at least 3 but not more than 10 persons appointed by the Governor on the recommendation of the Minister.\n\t(2)\tA person appointed as a member of the board must have such qualifications or experience as are, in the Minister's opinion, necessary to enable the board to carry out its functions effectively.\n\t(3)\tThe Governor will appoint 1 member of the board to chair its meetings.\n\t(4)\tThe Governor may appoint a suitable person to be the deputy of a member of the board and to act as a member of the board during any period of absence of the member.\n11—Conditions of membership\n\t(1)\tA member of the board is appointed on conditions determined by the Governor and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.\n\t(2)\tThe Governor may remove a member of the board from office—\n\t(a)\tfor breach of, or non‑compliance with, a condition of appointment; or\n\t(b)\tfor mental or physical incapacity to carry out duties of office satisfactorily; or\n\t(c)\tfor misconduct; or\n\t(d)\tfor neglect of duty.\n\t(3)\tThe office of a member of the board becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis convicted of an indictable offence; or\n\t(e)\tis sentenced to imprisonment for an offence; or\n\t(f)\tbecomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or\n\t(g)\tis removed from office under subsection (2).\n\t(4)\tOn the office of a member of the board becoming vacant, a person must be appointed, in accordance with this Act, to the vacant office.\n12—Allowances and expenses\n\t(1)\tA member of the board is entitled to fees, allowances and expenses approved by the Governor.\n\t(2)\tThe fees, allowances and expenses are payable out of the Lifetime Support Scheme Fund.\n13—Validity of acts\nAn act or proceeding of the board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n14—Proceedings\n\t(1)\tThree members of the board constitute a quorum of the board and no business may be transacted at a meeting of the board unless a quorum is present.\n\t(2)\tThe member appointed to chair meetings of the board will preside at meetings of the board or, in the absence of that member, a member chosen to preside by those present.\n\t(3)\tA decision carried by a majority of the votes cast by members at a meeting is a decision of the board.\n\t(4)\tEach member present at a meeting of the board has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.\n\t(5)\tA telephone or video conference between members of the board constituted in accordance with procedures determined by the board will, for the purposes of this section, be taken to be a meeting of the board at which the participating members are present.\n\t(6)\tA resolution of the board—\n\t(a)\tof which prior notice was given to all members of the board in accordance with procedures determined by the board; and\n\t(b)\tin which a majority of the members of the board expressed their concurrence in writing,\nwill be taken to be a decision of the board made at a meeting of the board.\n\t(7)\tThe board must have accurate minutes kept of its proceedings.\n\t(8)\tSubject to this section, the board may determine its own procedures.\n15—Delegation\n\t(1)\tThe board may delegate any of its functions or powers.\n\t(2)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(3)\tA delegation—\n\t(a)\tmay be made—\n\t(i)\tto a particular person or body; or\n\t(ii)\tto the person for the time being occupying a particular office or position; and\n\t(b)\tmay be made subject to conditions or limitations specified in the instrument of delegation; and\n\t(c)\tis revocable at will and does not derogate from the power of the board to act in any matter.\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"Functions and powers","content":"Division 3—Functions and powers\n16—Functions\nThe Authority has the following functions:\n\t(a)\tto monitor the operation of the Scheme;\n\t(b)\tto provide advice to the Minister about the administration, efficiency and effectiveness of the Scheme;\n\t(c)\tto provide support and funding for—\n\t(i)\tprograms that will provide high‑quality services to participants in the Scheme; and\n\t(ii)\tresearch and education in connection with services provided to participants in the Scheme;\n\t(d)\tto disseminate information about the Scheme;\n\t(e)\tto keep the LSS Rules under review;\n\t(f)\tto be responsible for the Fund;\n\t(g)\tother functions conferred on the Authority by or under this or any other Act.\n17—Powers\nThe Authority has all the powers of an individual and, in particular, may—\n\t(a)\tenter into any form of contract or arrangement; and\n\t(b)\tengage experts and consultants; and\n\t(c)\tacquire, hold, deal with or dispose of real or personal property; and\n\t(d)\testablish and operate ADI accounts and invest money; and\n\t(e)\tdo anything necessary or convenient to be done in the exercise of its functions.\n","sortOrder":4},{"sectionNumber":"Div 4","sectionType":"division","heading":"Other matters","content":"Division 4—Other matters\n18—Staff and facilities\n\t(1)\tThe Authority may engage persons to be members of its staff on terms and conditions determined by the Authority.\n\t(2)\tThe Authority may—\n\t(a)\tby arrangement with the appropriate authority, make use of the services, facilities or staff of a government department, agency or instrumentality; or\n\t(b)\twith the approval of the Minister, make use of the services, facilities or staff of any other entity.\n19—Advances by Treasurer\n\t(1)\tThe Treasurer may advance money to the Authority (by way of grant or loan) on terms and conditions determined by the Treasurer in consultation with the board.\n\t(2)\tAn amount advanced to the Authority under subsection (1) will be paid out of the Consolidated Account which is appropriated by this section to the necessary extent.\n20—Borrowing and security for loans\nExcept as approved by the Treasurer, the Authority may not borrow money or give security for the repayment of a loan.\n21—Accounts and audit\n\t(1)\tThe board must cause proper accounts to be kept of the Authority's financial affairs.\n\t(2)\tThe Auditor‑General may at any time, and must in respect of each financial year, audit the accounts and financial statements of the Authority.\n22—Annual report\n\t(1)\tThe board must, on or before 30 September in each year, deliver to the Minister a report on the operations of the Authority during the preceding financial year.\n\t(2)\tThe report must contain the audited accounts and financial statements for the financial year.\n\t(3)\tThe Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after his or her receipt of the report.\n23—Code of conduct\n\t(1)\tThe Authority must develop and maintain a code of conduct that sets out—\n\t(a)\tthe procedures that will be adopted by the Authority to assist people to assess whether they are eligible to be participants in the Scheme; and\n\t(b)\tthe procedures that will be adopted by the Authority to assess the needs of participants in the Scheme and to ensure that participants are appropriately assisted under the Scheme; and\n\t(c)\tother steps that will be taken by the Authority to ensure that the Authority interacts with people in a constructive and supportive manner.\n\t(2)\tThe code must also include—\n\t(a)\ta process for receiving and managing any complaints that may be made to the Authority about how the Authority has exercised a function or power under this Act; and\n\t(b)\tany other material that the Minister considers should be included in the code.\n\t(3)\tThe Authority may amend or replace the code.\n\t(4)\tThe code (including any amendment or replacement) is to be published in the Gazette.\n\t(5)\tThe Minister must, within 12 sitting days after the publication of the code, or of any amendment or replacement, cause a copy of the code or the amendment (as the case requires) to be laid before both Houses of Parliament.\n","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Participation in Scheme","content":"Part 3—Participation in Scheme\n24—Eligibility for participation in Scheme\n\t(1)\tA person is eligible to be a participant in the Scheme if—\n\t(a)\tthe person suffers a bodily injury; and\n\t(b)\tthe injury was caused by or arose out of the use of a motor vehicle; and\n\t(c)\tthe relevant motor vehicle accident occurred in South Australia; and\n\t(d)\tthe coverage of this Act is not excluded under subsection (5); and\n\t(e)\tthe injury suffered by the person satisfies the criteria specified by the LSS Rules for eligibility for the Scheme provided by this Act.\n\t(2)\tParticipation in the Scheme may be as a lifetime participant or as an interim participant and, for that purpose, the LSS Rules are to establish criteria for eligibility for lifetime participation and criteria for eligibility for interim participation in the Scheme.\n\t(3)\tA person is not eligible to be a participant in the Scheme in relation to an injury if the person has been awarded damages, pursuant to a final judgment entered by a court or a binding settlement, in respect of the future treatment, care and support needs of the person that relate to the injury.\n\t(4)\tSubsection (3) does not apply to a person who has applied to be accepted into the Scheme under section 6.\n\t(5)\tFor the purposes of subsection (1), the coverage of this Act is excluded in relation to—\n\t(a)\ta motor vehicle injury suffered by a participant in a road race; or\n\t(b)\ta motor vehicle injury that is also a work injury under the Return to Work Act 2014 (other than to such extent as applies under section 55).\n25—Application to participate in Scheme\n\t(1)\tAn application for an eligible person to become a participant in the Scheme in respect of motor vehicle injury—\n\t(a)\tis to be made to the Authority; and\n\t(b)\tmay only be made by—\n\t(i)\tthe person (or a person with lawful authority to act on his or her behalf); or\n\t(ii)\tan insurer under a policy of insurance in respect of a motor vehicle involved in the relevant motor vehicle accident; or\n\t(iii)\tthe nominal defendant.\n\t(2)\tAn application under subsection (1)(b)(ii) or (iii) does not require the consent of the eligible person.\n\t(3)\tAn application—\n\t(a)\tmust be made in a manner and form determined by the Authority; and\n\t(b)\tmust be accompanied by any information required by the Authority.\n\t(4)\tThe Authority may, on receipt of an application under this section, require the applicant or, if the applicant is an insurer or the nominal defendant, the person to whom the application relates (or a person with lawful authority to act on his or her behalf)—\n\t(a)\tto provide such information as the Authority may require as part of its assessment of the application; and\n\t(b)\tto provide such consents or other authorisations as the Authority may require in order to obtain information that the Authority may require as part of its assessment of the application.\n\t(5)\tThe information required under subsection (4) may include—\n\t(a)\tthe provision of a report that is to be prepared in view of the application;\n\t(b)\tthe provision of any other report or document that may be relevant in the circumstances.\n\t(6)\tThe LSS Rules may make provision for or with respect to applications to become a participant in the Scheme, including provision for or with respect to—\n\t(a)\tthe making and determination of applications, including the period within which an application must be made; and\n\t(b)\trequiring an insurer or the nominal defendant to pay the costs of any assessment or report required by the Authority in connection with an application; and\n\t(c)\timposing restrictions on the time within which an application can be made or requiring the deferring of the making of an application until an injury has stabilised.\n\t(7)\tThe LSS Rules must at least permit an initial application to become a participant in the Scheme to be made within 3 years from the date of the relevant motor vehicle accident (or within a longer period specified by the LSS Rules).\n26—Acceptance as a participant\n\t(1)\tA person becomes a participant in the Scheme if the Authority is satisfied that the person is eligible to be a participant and accepts the person in writing as a participant in the Scheme.\n\t(2)\tThe Authority must accept a person as a participant in the Scheme if the Authority is satisfied—\n\t(a)\tthat the person is eligible to be a participant; and\n\t(b)\tthat application for the person to be a participant has been duly made.\n\t(3)\tA person will be accepted as—\n\t(a)\ta lifetime participant; or\n\t(b)\tan interim participant,\naccording to the person's eligibility.\n\t(4)\tA person accepted as an interim participant must be accepted as a lifetime participant if the Authority becomes satisfied during the person's interim participation in the Scheme that the person is eligible for lifetime participation in the Scheme.\n\t(5)\tA person accepted as a lifetime participant in the Scheme remains a participant for life.\n\t(6)\tSubject to subsection (7), a decision as to whether an interim participant should be accepted as a lifetime participant should be made at an appropriate time after the person's injury has stabilised, as determined in accordance with the LSS Rules.\n\t(7)\tThe LSS Rules may provide that a person will cease to be an interim participant if he or she has not been accepted as a lifetime participant within a period determined under the LSS Rules.\n\t(8)\tThe expiration of a period of interim participation in the Scheme does not prevent subsequent acceptance of the person as a lifetime participant in the Scheme.\n\t(9)\tIf a person who is an interim participant is accepted as a lifetime participant, the person ceases to be an interim participant on that acceptance and then remains a participant for life.\n\t(10)\tThe LSS Rules must provide that any period for which a person is an interim participant in the Scheme will be added to the period for which an application may be made to become a lifetime participant.\n\t(11)\tAny period for which a person is an interim participant in the Scheme will be added to the period of 3 years applying under section 36 of the Limitation of Actions Act 1936 (and that section will be taken to have been modified accordingly).\n","sortOrder":6},{"sectionNumber":"Part 4","sectionType":"part","heading":"Benefits under Scheme","content":"Part 4—Benefits under Scheme\nDivision 1—Extent of benefits\n27—Assessed treatment, care and support needs\n\t(1)\tThe Authority is to pay for all the necessary and reasonable expenses incurred by or on behalf of a person in relation to the assessed treatment, care and support needs of the person while the person is a participant in the Scheme.\n\t(2)\tThe assessed treatment, care and support needs of a person who is a participant in the Scheme are those treatment, care and support needs assessed by the Authority, in its treatment, care and support needs assessment, to be treatment, care and support needs that—\n\t(a)\tare necessary and reasonable in the circumstances; and\n\t(b)\trelate to the injury or injuries to which this Act applies.\n\t(3)\tThe Authority is not liable for any expenses in respect of—\n\t(a)\texcluded treatment, care and support needs; or\n\t(b)\ttreatment, care and support needs that are not assessed treatment, care and support needs; or\n\t(c)\ttreatment, care and support needs excluded from the operation of this section by the LSS Rules.\n\t(4)\tWithout limiting subsection (3), subsections (1) and (2) operate subject to—\n\t(a)\tany criteria set out in the LSS Rules that make provision for or with respect to determining which treatment, care and support needs of a participant in the Scheme—\n\t(i)\tare necessary and reasonable in the circumstances; and\n\t(ii)\trelate to the injury or injuries to which this Act applies; and\n\t(b)\tany monetary or other limits placed on the provision of particular treatment, care and support needs to a participant in the Scheme set out in the LSS Rules; and\n\t(c)\tany provision made by the LSS Rules as to how expenses are to be paid or covered.\n\t(5)\tAs an alternative to paying the expenses for which it is liable under this section as and when they are incurred, the Authority may pay those expenses by the payment to the participant of an amount to cover those expenses over a fixed period pursuant to an agreement between the Authority and the participant for the payment of those expenses by the participant (and this will satisfy any liability that would otherwise arise in relation to the matters to which the agreement relates).\n28—Payment not required in certain circumstances\n\t(1)\tThe Authority is not required to make a payment in relation to any of the following:\n\t(a)\tany treatment, care, support or service provided to a participant in the Scheme on a gratuitous basis (that is, anything provided to a participant for which the participant has not paid and is not liable to pay);\n\t(b)\tin the case of a child—any treatment, care, support or service that would ordinarily fall within the ordinary costs of raising a child;\n\t(c)\tany treatment, care, support or service that is required to be provided by an approved provider but is provided by a person who is not, at the time of provision, an approved provider;\n\t(d)\tany treatment, care, support or service that is provided in contravention of the LSS Rules.\n\t(2)\tHowever, the Authority may elect to make a payment in relation to any treatment, care, support or service referred to in subsection (1) if the Authority considers that such a payment is justified in the circumstances.\n\t(3)\tThe LSS Rules may make provision for or with respect to determining whether a payment is justified under subsection (2).\n\t(4)\tSubsection (1)(c) does not apply in relation to services provided—\n\t(a)\tby a medical practitioner; or\n\t(b)\tby a person acting in circumstances allowed under the LSS Rules.\n\t(5)\tTo avoid doubt, subsection (1) applies even if the treatment, care, support or services concerned are provided in connection with the assessed treatment, care and support needs of a participant in the Scheme.\n\t(6)\tThe Authority is not required to pay for any treatment, care, support or service provided to a person while the person's participation in the Scheme is suspended.\n\t(7)\tIn this section—\nordinary costs of raising a child include all costs associated with the child's care, upbringing, education and advancement in life other than costs reasonably incurred because the child has suffered the injury or injuries to which this Act applies.\n29—Approved providers\n\t(1)\tThe Authority may approve—\n\t(a)\tspecified persons; or\n\t(b)\tpersons of a specified class,\nto provide the treatment, care, support or services under the Scheme that are identified under the LSS Rules as treatment, care, support or services that are to be provided by an approved provider.\n\t(2)\tThe LSS Rules may also make provision for or with respect to—\n\t(a)\tthe standards of competency of approved providers; and\n\t(b)\tthe matters that relate to applications for approval under this section.\n\t(3)\tAn approval may be granted on conditions or limitations determined by the Authority.\n\t(4)\tAn approved provider must not, without reasonable excuse, contravene or fail to comply with a condition or limitation of the approval.\nMaximum penalty: $10 000.\n\t(5)\tThe Authority may, in accordance with the LSS Rules—\n\t(a)\tvary a condition of approval;\n\t(b)\trevoke an approval.\n\t(6)\tA condition of approval may be varied by the addition, substitution or deletion of 1 or more conditions.\nDivision 2—Treatment, care and support needs assessments\n30—Assessment of treatment, care and support needs\n\t(1)\tThe Authority is to make an assessment of the treatment, care and support needs of a participant in the Scheme (as required from time to time).\n\t(2)\tThe assessment must relate to those treatment, care and support needs that—\n\t(a)\tare necessary and reasonable in the circumstances; and\n\t(b)\trelate to the injury or injuries to which this Act applies.\n\t(3)\tThe Authority is to certify in writing as to its assessment of the treatment, care and support needs of the participant, including its reasons for any finding on which the assessment is based, and is to give a copy of the certificate to the participant.\n\t(4)\tThe Authority may appoint or engage health professionals and other suitably qualified persons to act as assessors for the purposes of this Part (and a decision by an assessor acting under this section will be taken to be a decision of the Authority).\n31—Cooperation by participant\nA participant in the Scheme must comply with any reasonable request made by the Authority or an assessor in connection with an assessment of the treatment, care and support needs of the participant, including a request to undergo a medical examination or other examination by a health professional or other suitably qualified person.\n32—Requirements under LSS Rules\n\t(1)\tThe LSS Rules may make provision for or with respect to the assessment of the treatment, care and support needs of a participant in the Scheme.\n\t(2)\tIn particular, the LSS Rules may make provision for or with respect to the following:\n\t(a)\tthe procedures to be followed in connection with such an assessment;\n\t(b)\tthe intervals at which such assessments are to be carried out and the review of assessments from time to time as occasion requires;\n\t(c)\tthe methods and criteria to be used to determine the treatment, care and support needs of participants;\n\t(d)\tthe information to be provided by participants in connection with assessments;\n\t(e)\tthe suspension of the participation of a person in the Scheme if the person fails to comply with a requirement specified by the LSS Rules in connection with an assessment of the treatment, care and support needs of the person (including to undergo a medical examination or other examination by a health professional or other suitably qualified person).\n\t(3)\tAn assessment of the treatment, care and support needs of a participant in the Scheme is to be carried out in accordance with the LSS Rules.\n","sortOrder":7},{"sectionNumber":"Part 5","sectionType":"part","heading":"Disputes and reviews","content":"Part 5—Disputes and reviews\nDivision 1—Disputes about non‑medical matters\n33—Preliminary\n\t(1)\tIn this Division—\nrelevant determination means—\n\t(a)\ta threshold determination; or\n\t(b)\ta determination of the Authority that results in the suspension of the participation of a person in the Scheme; or\n\t(c)\ta determination prescribed by the regulations for the purposes of this definition;\nthreshold determination means a determination by the Authority as to any of the following:\n\t(a)\twhether a person is eligible to be a participant in the Scheme under section 24(1)(a);\n\t(b)\twhether an incident that results in bodily injury is an incident that was caused by or arose out of the use of a motor vehicle;\n\t(c)\twhether a person is eligible to be a participant in the Scheme under section 24(1)(c) or (d);\n\t(d)\twhether an application by a person to become a participant in the Scheme has been made within a relevant period specified by the LSS Rules.\n\t(2)\tThe following are interested parties in relation to a relevant determination:\n\t(a)\tin relation to a threshold determination—\n\t(i)\tthe person to whom an application under this Act relates; and\n\t(ii)\tan insurer or the nominal defendant;\n\t(b)\tin relation to any other determination—the person to whom the determination relates.\n34—Resolution of disputes\n\t(1)\tIf there is a dispute about a relevant determination, an interested party in relation to the determination may apply at first instance to have the dispute reviewed by a review officer.\n\t(2)\tAn application must be made in a manner and form prescribed by the LSS Rules.\n\t(3)\tNotice of an application must be given to any other interested party in relation to the determination and any such interested party may, on application made in accordance with the LSS Rules, become a party to the dispute.\n\t(4)\tFor the purposes of a review by a review officer, the review officer—\n\t(a)\tmay adopt such procedures as the review officer thinks fit; and\n\t(b)\tis not bound by the rules of evidence but may inform himself or herself in any way that the review officer considers appropriate.\n\t(5)\tWithout limiting subsection (4), a review officer may require a person to appear before the review officer at a specified time and place to answer questions or to produce material (or both).\n\t(6)\tA person must not, without reasonable excuse, fail to comply with a requirement under subsection (5).\nMaximum penalty: $5 000.\n\t(7)\tAt the completion of the review proceedings, the review officer may—\n\t(a)\tconfirm or vary the determination to which the proceedings relate; or\n\t(b)\trevoke the determination to which the proceedings relate and substitute another determination.\n\t(8)\tThe outcome of the review must be incorporated into a written determination setting out the review officer's reasons for his or her determination.\n\t(9)\tThe costs of any proceedings before a review officer under this section are payable by the Authority.\n\t(10)\tThe costs to which subsection (9) applies—\n\t(a)\tinclude the necessary costs and expenses of travel and accommodation incurred by the person to whom the application under this Act relates, and by a carer of such a person (which may include a parent) in order to accompany and support the person, in attending before a review officer; but\n\t(i)\tany costs associated with being represented before a review officer; or\n\t(ii)\tany costs excluded from the operation of subsection (9) by the regulations.\n\t(11)\tFor the purposes of this section, the Authority must assign or appoint persons to act as review officers (who may, but need not, be members of the staff of the Authority).\n35—Review by Tribunal\n\t(1)\tA party to a dispute to which a determination of a review officer under this Division relates may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the determination of the review officer.\n\t(2)\tAn application for review must be made within 28 days of the date of the determination of the review officer.\nDivision 2—Disputes about eligibility\n36—Disputes about eligibility\n\t(1)\tIf there is a dispute—\n\t(a)\tabout whether an injury results from a motor vehicle accident or is attributable to some other condition, event, incident or factor; or\n\t(b)\tabout whether an injury suffered by a person satisfies the criteria specified by the LSS Rules for eligibility for the Scheme provided by this Act; or\n\t(c)\tabout the relationship between 2 or more injuries, including whether an injury is wholly or predominantly related to a motor vehicle injury; or\n\t(d)\twithout limiting a preceding paragraph—about whether an injury falls within, or is excluded from, the coverage of this Act under the LSS Rules; or\n\t(e)\tabout a matter prescribed by the regulations,\nthe dispute may be referred to an expert review panel.\n\t(2)\tThe dispute may be referred—\n\t(a)\tby the Authority; or\n\t(b)\tby notice to the Authority given—\n\t(i)\tby or on behalf of an injured person; or\n\t(ii)\tby an insurer or the nominal defendant.\n\t(3)\tA notice under subsection (2)(b) must comply with any requirement prescribed by the LSS Rules.\n\t(4)\tThe expert review panel to which a dispute is referred for determination is to determine the dispute and give a certificate as to its determination setting out the reasons for its determination.\n\t(5)\tThe costs of any proceedings before an expert review panel under this section are payable by the Authority.\n\t(6)\tThe costs to which subsection (5) applies—\n\t(a)\tinclude the necessary costs and expenses of travel and accommodation incurred by the injured person, and by a carer of the injured person (which may include a parent) in order to accompany and support the person, in attending before an expert review panel (or a member of an expert review panel); but\n\t(i)\tany costs associated with being represented before an expert review panel; or\n\t(ii)\tany costs excluded from the operation of subsection (5) by the regulations.\n37—Review by Tribunal\n\t(1)\tSubject to subsection (2), a person may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of a determination of an expert review panel under this Division that a person is ineligible or otherwise does not qualify to participate in the Scheme.\n\t(2)\tAn application for review by the Tribunal may only be made by or on behalf of the person to whom the determination relates.\n\t(3)\tAn application for review must be made within 28 days of the date of the determination of the expert review panel.\nDivision 3—Review of assessments\n38—Review of assessments\n\t(1)\tA participant in the Scheme may apply to have an assessment of the Authority about the treatment, care and support needs of the participant under Part 4 reviewed by an expert review panel.\n\t(2)\tAn application must be made in a manner and form prescribed by the LSS Rules.\n\t(3)\tThe application must be made within 28 days after the participant is given notice of the assessment of the participant's treatment, care and support needs (unless an extension of time is allowed under the LSS Rules).\n\t(4)\tOn a review, the expert review panel may—\n\t(a)\tconfirm or vary the assessment; or\n\t(b)\trevoke the assessment and substitute its own assessment.\n\t(5)\tThe expert review panel must give a certificate as to the outcome of the review setting out the reasons for any decision or assessment made by the expert review panel under this section.\n\t(6)\tThe Authority must, to such extent (if any) as may be necessary, revise its assessment of the treatment, care and support needs of the participant to give effect to the outcome of a review by an expert review panel.\n\t(7)\tA decision or assessment of an expert review panel under this section is final and binding for the purposes of this Act and any proceedings under this Act.\n\t(8)\tSubsection (7) does not apply in relation to any proceedings for judicial review and does not prevent or restrict a court from exercising any judicial power or from determining a matter according to law.\n\t(9)\tAn expert review panel undertaking a review under this section must act consistently with, and apply, any relevant provision of the LSS Rules.\n\t(10)\tThe costs of any proceedings before an expert review panel under this section are payable by the Authority.\n\t(11)\tThe costs to which subsection (10) applies—\n\t(a)\tinclude the necessary costs and expenses of travel and accommodation incurred by the participant, and by a carer of the participant (which may include a parent) in order to accompany and support the participant, in attending before an expert review panel (or a member of an expert review panel); but\n\t(i)\tany costs associated with being represented before an expert review panel; or\n\t(ii)\tany costs excluded from the operation of subsection (10) by the regulations.\n","sortOrder":8},{"sectionNumber":"Part 6","sectionType":"part","heading":"Medical and other treatment or care costs","content":"Part 6—Medical and other treatment or care costs\n39—Bulk billing arrangements\n\t(1)\tBulk billing arrangements may be entered into by the Authority with respect to—\n\t(a)\tthe payment of expenses incurred in connection with the treatment of participants in the Scheme at public hospitals; or\n\t(b)\tthe payment of expenses incurred in transporting participants in the Scheme by ambulance; or\n\t(c)\tthe payment of other treatment expenses incurred by participants in the Scheme.\n\t(2)\tA bulk billing arrangement is an arrangement with the Minister for Health, service providers or others acting on their behalf for the payment by the Authority of any such expenses of participants in the Scheme at the rate provided by the arrangement.\n\t(3)\tFor the purposes of this section, the treatment or transport of participants in the Scheme includes the treatment or transport of persons classified as participants in the Scheme in accordance with a bulk billing arrangement.\n40—Payment of certain expenses not covered by bulk billing arrangements\n\t(1)\tThis section applies to—\n\t(a)\tpayment for the treatment of participants in the Scheme at public hospitals; and\n\t(b)\tpayment for conveying participants in the Scheme by ambulance; and\n\t(c)\tpayment for any medical or dental treatment of, or rehabilitation services provided to, participants in the Scheme,\nin any case where payment for the expenses concerned has not been made, and is not required to be made, in accordance with a bulk billing arrangement under this Part.\n\t(2)\tThe rate at which such a payment is required to be made by the Authority under this Act is as follows:\n\t(a)\tin the case of treatment at public hospitals—at the rate determined by the Minister for Health by order published in the Gazette;\n\t(b)\tin any case in which a maximum rate is fixed under section 41—at the maximum rate so fixed;\n\t(c)\tin the case to which a rate referred to in paragraph (a) or (b) does not apply—at the rate reasonably appropriate to the treatment or service having regard to the customary charge made in the community for the treatment or service.\n\t(3)\tIf the Authority does not make a payment under subsection (2), the person or body that provided the treatment or service to which the payment relates may recover the payment from the Authority as a debt in a court of competent jurisdiction.\n41—Maximum fees payable for services not provided at public hospitals\n\t(1)\tThis section applies to—\n\t(a)\tthe fee payable for any medical treatment of a participant in the Scheme; and\n\t(b)\tthe fee payable for any dental treatment of a participant in the Scheme; and\n\t(c)\tthe fee payable for any rehabilitation service provided to a participant in the Scheme; and\n\t(d)\tthe fees payable for any attendant care and support services provided to a participant in the Scheme; and\n\t(e)\tthe fees payable for any other services identified by the Minister for the purposes of this section by notice published in the Gazette—\n\t(i)\ton the recommendation of the Authority; and\n\t(ii)\tafter consultation with the Minister for Health,\nbut does not apply to any such treatment or service that is provided at a public hospital (whether to an in‑patient or out‑patient) and for which any payment is required to be made to the hospital and not to the treatment or service provider.\n\t(2)\tThis section also applies to the fee payable to a private hospital for any treatment at the hospital.\n\t(3)\tThe Minister may, by notice published in the Gazette—\n\t(a)\ton the recommendation of the Authority; and\n\t(b)\tafter consultation with the Minister for Health,\nfix the maximum amount for which the Authority is liable in respect of any claim for fees to which this section applies.\n\t(4)\tAny such fees may (but need not) be fixed by reference to fees recommended by a professional association recognised by the Minister for the purposes of this section or by reference to any other scale of fees.\n\t(5)\tA payment by the Authority in respect of a service provided in connection with the treatment, care and support needs of a participant in the Scheme is to be made consistently with any notice published under subsection (3).\n","sortOrder":9},{"sectionNumber":"Part 7","sectionType":"part","heading":"The Fund","content":"Part 7—The Fund\nDivision 1—Establishment of Fund\n42—Lifetime Support Scheme Fund\n\t(1)\tThe Authority must establish and maintain a fund entitled the Lifetime Support Scheme Fund.\n\t(2)\tThe Fund will consist of—\n\t(a)\tthe levies paid to the Authority under this Part; and\n\t(b)\tany income and accretions produced by the investment of money from the Fund; and\n\t(c)\tany money advanced to the Authority for the purposes of the Fund; and\n\t(d)\tother money received by the Authority under, or in connection with, this Act; and\n\t(e)\tother money required to be paid into the Fund by or under this or any other Act.\n\t(3)\tThe Fund is to be applied towards—\n\t(a)\tall payments required to be made by the Authority for the purposes of Part 4; and\n\t(b)\tthe costs incurred by the Authority in performing its functions under this Act; and\n\t(c)\tthe costs of the system of assessment, dispute resolution or review under this Act; and\n\t(d)\twithout limiting paragraph (c), a contribution to the costs associated with the establishment and operation of expert review panels, determined by the Minister from time to time after consultation with the Authority; and\n\t(e)\tthe duty imposed under Part 3 Division 11 of the Stamp Duties Act 1923; and\n\t(f)\tany other costs or liabilities prescribed by the regulations for the purposes of this subsection; and\n\t(g)\tall other money required or authorised by or under this or any other Act to be paid from the Fund.\n\t(4)\tThe Authority may invest money that is not immediately required for the purposes of the Fund as the Authority thinks fit.\n\t(5)\tThe Treasurer may, until there are sufficient funds in the Fund to meet the liabilities of the Fund, or at any other time considered appropriate by the Treasurer, lend money (from time to time) to the Authority on such terms and conditions as the Treasurer may determine.\n\t(6)\tThe Treasurer may charge a fee of such amount as the Treasurer thinks fit in respect of any loan made to the Authority under subsection (5).\nDivision 2—Contributions associated with motor vehicle injuries\n43—Determination by Authority of amount to be contributed to Fund\n\t(1)\tThe Authority is to determine, before the beginning of each relevant period, an amount that the Authority considers is required to be contributed to the Fund—\n\t(a)\tto fund the present and likely future liabilities of the Authority under Part 4 in respect of persons who become participants in the Scheme in respect of motor vehicle injuries suffered during that period; and\n\t(b)\tto meet the payments required to be made from the Fund (other than excluded payments or payments under Part 4) during that period (to the extent that liability for any such payment has not been covered under paragraph (a)); and\n\t(c)\tto satisfy the requirement to make any payment of duty under Part 3 Division 11 of the Stamp Duties Act 1923 in relation to the relevant period; and\n\t(d)\tto make provision for such other matters as the Authority should, in all the circumstances, make provision for under this Division in connection with any liability of the Authority under this Act (including so as to make provision for any past liability that would otherwise be unfunded).\n\t(2)\tThe Authority's determination in respect of a relevant period is to be made—\n\t(a)\tin accordance with a report of an independent actuary engaged by the Authority after consultation with the Treasurer to report to the Authority on the amount required to be contributed to the Fund as referred to in subsection (1); and\n\t(b)\tafter applying any principle or requirement specified by the Minister by notice in the Gazette for the purposes of this section; and\n\t(c)\tafter taking into account any other payments that may be made by another body or person in connection with the operation of this Act.\n\t(3)\tThe Authority must, once it has made a determination under this section, embody the terms of that determination in a report furnished to the Minister before the beginning of the relevant period.\n\t(4)\tThe Minister must, on receipt of a report under subsection (3) and after taking into account such matters (including matters not covered by the report) as the Minister thinks fit, after consultation with the Treasurer, determine an amount that should be paid to the Authority for contribution to the Fund for the relevant period (the required fund contribution).\n\t(5)\tIf the Minister, in acting under subsection (4), makes a determination that is inconsistent with the determination embodied in the Authority's report under subsection (3), the Authority must include a report on the matter in its annual report.\n\t(6)\tIn this section—\nexcluded payments means any payments—\n\t(a)\tthat relate to a person who is a participant in the Scheme under section 6; or\n\t(b)\tthat relate to any other matter (if any) prescribed by the regulations for the purposes of this definition;\nrelevant period means a financial year or such other period as the Authority determines from time to time, after consultation with the Minister, to be a relevant period for the purposes of this section.\n\t(7)\tRelevant periods can be determined so as to overlap but there must be no gap between successive relevant periods and each relevant period must be no longer than 12 months.\n44—LSS Fund levy\n\t(1)\tThe required fund contribution for a relevant period is to be made by the payment to the Authority of a levy (the LSS Fund levy) that is imposed on all persons who apply for any of the following under the Motor Vehicles Act 1959:\n\t(a)\tthe registration of a motor vehicle;\n\t(b)\tan exemption from registration in respect of a motor vehicle;\n\t(c)\ta permit in respect of a motor vehicle.\n\t(2)\tThe LSS Fund levy payable by a person is to be an amount calculated under a scheme determined by the Minister after consultation with the Treasurer and the Authority, and the total of all LSS Fund levies with respect to a relevant period must aim to be an amount that will result in the required fund contribution for the relevant period being contributed to the Fund.\n\t(3)\tWithout limiting subsection (2), a scheme under this section may provide for a differentiation that applies according to any classification or criteria determined by the Minister.\n\t(4)\tThe amounts to be recovered under this section will be payable at the time of any application that falls within the ambit of subsection (1) and will be collected by the Registrar at the time that any such application is made.\n\t(5)\tThe Registrar must, subject to subsection (6), pay to the Authority the LSS Fund levies collected by the Registrar under this section.\n\t(6)\tThe Registrar will retain out of the amount to be paid to the Authority such administration expenses as are determined by the Treasurer for the purposes of this section.\n45—Recovery of payments in respect of vehicles not insured under State law\n\t(1)\tThe Authority is entitled to recover from the appropriate person as a debt due to the Authority the present value of its treatment, care and support liabilities in respect of the motor vehicle injury of a participant in the Scheme if—\n\t(a)\tthe injury was caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle; and\n\t(b)\tat the time of a motor vehicle accident the motor vehicle was not insured in accordance with the requirements of Part 4 of the Motor Vehicles Act 1959.\n\t(2)\tIf the participant suffered the motor vehicle injury as a result of the participant's contributory negligence, the amount that the Authority is entitled to recover under this section is to be reduced in proportion to the participant's share in the responsibility for the injury.\n\t(3)\tIf the participant suffered the motor vehicle injury as a result partly of the fault of a person (other than the owner or driver of a motor vehicle), the Authority is entitled to recover from that person as a debt due to the Authority such proportion of the present value of its treatment, care and support liabilities in respect of the injury as corresponds to the person's share in the responsibility for the injury.\n\t(4)\tThe present value of the Authority's treatment, care and support liabilities in respect of a motor vehicle injury is the sum of the following amounts:\n\t(a)\tamounts already paid by the Authority under Part 4 in respect of the treatment, care and support needs associated with the injury; and\n\t(b)\tthe present value of the amounts that the Authority estimates will be payable by the Authority in the future under Part 4 in respect of the treatment, care and support needs associated with the injury.\n\t(5)\tThe appropriate person from whom the Authority may recover is the person who at the time of the motor vehicle accident was the owner of the motor vehicle or, if at that time some other person was driving the motor vehicle, the owner and the driver jointly or either of them severally.\n\t(6)\tIt is a sufficient defence in any proceedings to recover under this section against the owner (whether severally or jointly with the driver) of a motor vehicle if the owner establishes to the satisfaction of the court that, at the time of the occurrence, some other person was driving the motor vehicle without the owner's authority.\n\t(7)\tIt is a sufficient defence in any proceedings to recover under this section against the driver of a motor vehicle (whether severally or jointly with the owner) if the driver establishes to the satisfaction of the court that, at the time of the occurrence, the driver was driving the motor vehicle with the authority of the owner (or had reasonable grounds for believing and did in fact believe that the driver had such authority) and that the driver had reasonable grounds to believe and did in fact believe that the motor vehicle was insured in accordance with the requirements of Part 4 of the Motor Vehicles Act 1959.\n\t(8)\tThe Authority is not entitled to recover under this section from the owner or driver of a motor vehicle that, at the relevant time, was not required to be registered or was exempt from registration or, if required to be registered, was not required to be insured under the Motor Vehicles Act 1959.\n\t(9)\tThe certificate of the Authority as to the present value of the Authority's treatment, care and support liabilities in respect of an injury is evidence of the matters certified for the purposes of any proceedings in connection with this section.\n\t(10)\tThis section does not permit the Authority to recover the present value of its treatment, care and support liabilities in respect of injuries to a participant in the Scheme if the participant paid an amount to the Authority under section 6 in respect of those injuries.\n46—Recovery in respect of persons in default\n\t(1)\tIf—\n\t(a)\tan approved insurer or the nominal defendant has a right of recovery against a person (the relevant person) under a designated section; and\n\t(b)\tthe person who suffered a bodily injury in relation to which the right of recovery applies becomes a participant in the Scheme,\nthen the Authority may exercise the same right of recovery against the relevant person for the present value of its treatment, care and support liabilities in respect of the participant in the Scheme as the approved insurer or nominal defendant has under the designated section.\n\t(2)\tThe present value of the Authority's treatment, care and support liabilities in respect of a participant in the Scheme is the sum of—\n\t(a)\tamounts already paid by the Authority under Part 4 in respect of the treatment, care and support needs of the participant; and\n\t(b)\tthe present value of the amounts that the Authority estimates will be payable by the Authority in the future under Part 4 in respect of the treatment, care and support needs of the participant.\n\t(3)\tThe certificate of the Authority as to the present value of the Authority's treatment, care and support liabilities in respect of an injury is evidence of the matters certified for the purposes of any proceedings in connection with this section.\n\t(4)\tFor the purposes of this section, a designated section will apply in relation to a right of recovery by the Authority—\n\t(a)\tas if a reference to an insurer or the nominal defendant (as the case may require) were a reference to the Authority; and\n\t(b)\tsubject to such other modifications or exclusions as may be prescribed by regulation made under this section.\n\t(5)\tIn this section—\ndesignated section means—\n\t(a)\tsection 116; or\n\t(b)\tsection 124A,\nof the Motor Vehicles Act 1959.\n","sortOrder":10},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"Part 8—Miscellaneous\n47—No contracting out\nThis Act applies despite any contract to the contrary.\n48—Release of information\n\t(1)\tThe Authority is authorised to disclose or release—\n\t(a)\tinformation concerning the treatment, care and support needs of participants (including the expenses that are paid or payable by the Authority under the Scheme in relation to those needs) to such persons, and subject to such conditions, as the Authority thinks fit; and\n\t(b)\tother information under an authorisation (if any) prescribed by the regulations.\n\t(2)\tAn insurer is authorised to disclose or release to the Authority information that it has obtained under the Motor Vehicles Act 1959 in relation to a person who may become, or who has become, a participant in the Scheme.\n49—Immunity\n\t(1)\tA matter or thing done or omitted to be done by an assessor, a review officer or a member of an expert review panel under this Act in the performance or exercise of a function or power under this Act does not, if the matter or thing was done or omitted in good faith, subject the assessor, review officer or member of the panel personally to any action, liability, claim or demand.\n\t(2)\tAny liability that would attach to a person were it not for the operation of subsection (1) attaches instead to the Crown.\n50—Treasurer's guarantee\n\t(1)\tLiabilities incurred or assumed by the Authority in pursuance of this Act are guaranteed by the Treasurer.\n\t(2)\tA liability of the Treasurer under a guarantee arising by virtue of subsection (1) will be satisfied out of the Consolidated Account which is appropriated by this section to the necessary extent.\n\t(3)\tThe Treasurer may, from time to time, after consultation with the board, fix charges to be paid by the Authority in respect of the guarantee provided under this section and determine the times and manner of their payment.\n51—False or misleading information\nA person must not—\n\t(a)\tprovide to the Authority or any other person who is performing or exercising a function or power under this Act information that the person knows is false or misleading in a material particular; or\n\t(b)\trefuse or fail to include in information provided to a person who is performing or exercising a function or power under this Act other information without which the information provided is, to the knowledge of the person, false or misleading in a material particular.\nMaximum penalty: $10 000.\n52—Absence of participant from Australia\n\t(1)\tIf a participant in the Scheme is to be absent from Australia, the participant must, at least 28 days before leaving Australia, give the Authority notice of the proposed absence in accordance with the LSS Rules.\n\t(2)\tThe Authority may, if the Authority considers that action under this subsection is justified—\n\t(a)\twaive or reduce the period that applies under subsection (1) in relation to a particular person in a particular case;\n\t(b)\tsuspend the participation of a person in the Scheme while the person is absent from Australia (whether or not notice has been given in accordance with this section).\n53—Extraterritorial operation of Act\nIt is the intention of Parliament that the operation of this Act is to include, as far as possible, operation in relation to the following:\n\t(a)\tthings situated in or outside the territorial limits of this jurisdiction;\n\t(b)\tacts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;\n\t(c)\tthings, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction.\n54—Authority to act on behalf of participant\nWithout limiting any other provision or law, any authorisation or step that may be given or taken under this Act by a participant in the Scheme may be given or taken by a person with lawful authority to act on behalf of the participant.\n55—Agreements with prescribed authorities\n\t(1)\tThe Authority may enter into an agreement with a prescribed authority for the provision of services to persons—\n\t(a)\twho have suffered work injuries under the Return to Work Act 2014; and\n\t(b)\twho, in the opinion of the prescribed authority, would benefit from participating in certain aspects of the Scheme relating to treatment, care and support needs and in having other services (whether under this Act or the Return to Work Act 2014) provided by the Authority.\n\t(2)\tIf a person is the subject of an agreement under this section—\n\t(a)\tno other eligibility requirements under this Act will apply in relation to the person (and, if relevant, section 24(5)(b) will not apply); and\n\t(b)\tthe person is eligible to receive such services as are contemplated by the agreement; and\n\t(c)\tthe prescribed authority must pay to the Authority, for payment into the Fund, a contribution agreed between the Authority and the prescribed authority; and\n\t(d)\tthe Authority is authorised to make payments out of the Fund in order to give effect to any provision of the agreement; and\n\t(e)\tany payments made from the Fund in respect of the person will be taken to be excluded payments for the purposes of section 43.\n\t(3)\tThe Authority is authorised to exercise any power or discretion delegated to the Authority under an agreement entered into under this section and contemplated by section 176 of the Return to Work Act 2014.\n\t(4)\tIn this section—\nprescribed authority means—\n\t(a)\tin relation to a person who has suffered a work injury as a worker of a self‑insured employer under the Return to Work Act 2014—that self‑insured employer; and\n\t(b)\tin any other case—the WorkCover Corporation;\nWorkCover Corporation means the WorkCover Corporation of South Australia under the WorkCover Corporation Act 1994.\n56—LSS Rules\n\t(1)\tThe Governor may, on the recommendation of the Authority, make rules (LSS Rules) for or with respect to any matter that by this Act is required or permitted to be subject to those rules.\n\t(2)\tThe Governor may, on the recommendation of the Authority, vary, revoke or substitute LSS Rules.\n\t(3)\tThe LSS Rules may—\n\t(a)\trefer to or incorporate, wholly or partially and with or without modification, a document prepared or published by a specified body, either as in force at the time the rules are made or as in force from time to time; and\n\t(c)\tmake different provision according to the persons or circumstances to which they are expressed to apply; and\n\t(d)\tprovide that a matter is to be determined according to the discretion of the Minister or the Authority.\n\t(4)\tSection 10AA and Part 3A of the Subordinate Legislation Act 1978 do not apply to the LSS Rules.\n\t(5)\tThe LSS Rules (including any variation, revocation or substitution) will come into operation on the day on which they are made or from such later date or time as is specified in the LSS Rules.\n57—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\trequire the keeping of records, statistics or other information; and\n\t(b)\trequire the provision of reports, statements, documents or other forms of information to the Authority; and\n\t(c)\trequire the giving of notice to the Authority at specified intervals, or on the occurrence of any specified event; and\n\t(d)\tspecify any procedure associated with any process under this Act; and\n\t(e)\timpose penalties, not exceeding $10 000, for a contravention of, or failure to comply with, a regulation; and\n\t(f)\tprescribe saving or transitional provisions in connection with the enactment or operation of this Act.\n\t(3)\tA regulation may—\n\t(a)\trefer to or incorporate, wholly or partially and with or without modification, a document prepared or published by a specified body, either as in force at the time the regulation is made or as in force from time to time; and\n\t(c)\tmake different provision according to the persons or circumstances to which it is expressed to apply; and\n\t(d)\tprovide that a matter is to be determined according to the discretion of the Minister or the Authority.\n\t(4)\tA provision of a regulation made under subsection (2)(f) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(5)\tTo the extent to which a provision takes effect under subsection (4) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n","sortOrder":11},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Expert review panels","content":"Schedule 1—Expert review panels\n1—Interpretation\nIn this Schedule—\nmedical expert means—\n\t(a)\ta health professional; or\n\t(b)\ta person who is within a class brought within the ambit of this definition by the regulations;\nreferred question means any question that constitutes a matter in dispute or a matter subject to review before an expert review panel;\nrelevant person means the person who is the subject of proceedings before an expert review panel.\n2—Establishment\n\t(1)\tThere will be such expert review panels as are necessary for the purposes of this Act.\n\t(2)\tFor the purpose of constituting expert review panels, there is to be a list of medical experts appointed by the Minister.\n\t(3)\tA person appointed under subclause (2) will be appointed on terms and conditions, and for a term (not exceeding 3 years), determined by the Minister and, on the expiration of a term of office, is eligible for re‑appointment.\n\t(4)\tThe office of a person appointed under subclause (2) becomes vacant if the person—\n\t(a)\tresigns by written notice addressed to the Minister; or\n\t(b)\tis removed from office by the Minister for—\n\t(i)\tbreach of, or non-compliance with, a condition of appointment; or\n\t(ii)\tmental or physical incapacity to carry out duties of office satisfactorily; or\n\t(iii)\tmisconduct; or\n\t(iv)\tneglect of duty; or\n\t(v)\tincompetence; or\n\t(c)\tcompletes a term of office and is not re-appointed; or\n\t(d)\tin the case of a person who has been a health professional—ceases to be registered under the Health Practitioner Regulation National Law; or\n\t(e)\tis convicted of an indictable offence or of an offence which, if committed in South Australia, would be an indictable offence; or\n\t(f)\tis sentenced to imprisonment for an offence.\n\t(5)\tFrom the list of medical experts under subclause (2), the Minister must appoint (on terms and conditions determined by the Minister)—\n\t(a)\ta Convenor; and\n\t(b)\ta Deputy Convenor.\n\t(6)\tThe Deputy Convenor may, subject to the direction of the Convenor, exercise the functions and powers conferred on the Convenor by or under this Schedule.\n\t(7)\tThe Deputy Convenor has, and may exercise, the functions and powers conferred on the Convenor by or under this Schedule while the office of the Convenor is vacant.\n3—Constitution\n\t(1)\tAn expert review panel is to consist of the number of members, not exceeding 3, as is determined by the Convenor in each particular case.\n\t(2)\tIf a medical expert has been engaged to treat or examine, or to furnish a report in relation to, a person (other than as a member of an expert review panel), the medical expert is not to sit as a member of an expert review panel examining the person.\n\t(3)\tThe Convenor must appoint a presiding member for each expert review panel constituted by more than 1 person, who will have general responsibility for managing the operations of the panel in a particular case.\n4—Validity of acts\nAn act or proceeding of an expert review panel is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n5—Procedures\n\t(1)\tAn expert review panel is not bound by the rules of evidence but may inform itself in any way it considers appropriate.\n\t(2)\tAn expert review panel may act informally and without regard to technicalities or legal forms.\n\t(3)\tAn expert review panel may engage consultants and seek expert advice as it considers necessary in any particular case.\n\t(4)\tThe Convenor may give directions as to the arrangement of the business of the expert review panels.\n\t(5)\tThe Minister may for the purposes of—\n\t(a)\tensuring procedural fairness in the procedures of the expert review panels; and\n\t(b)\tfacilitating the proper administration of the expert review panels,\nissue guidelines as to the procedures of expert review panels.\n\t(6)\tThe Convenor may give directions as to the procedures of the expert review panels but may not give directions inconsistent with any guidelines issued by the Minister.\n\t(7)\tIn the case of an expert review panel constituted by 3 members, an act or decision of a majority of the members of the panel constitutes an act or decision of the panel.\n\t(8)\tIn the case of an expert review panel constituted by 2 members—\n\t(a)\tan act or decision of both members of the panel constitutes an act or decision of the panel; and\n\t(b)\tif the members cannot agree on a matter, a medical expert appointed by the Convenor will determine the matter as if he or she constituted the expert review panel.\n\t(9)\tSubject to this clause and the other provisions of this Schedule, an expert review panel may determine its own procedures.\n6—Powers and procedures on a referral\n\t(1)\tAn expert review panel may ask a relevant person—\n\t(a)\tto meet with the panel and answer questions; and\n\t(b)\tto supply copies of all documents in the possession, custody or control of the person which relate to the question referred to the panel; and\n\t(c)\tto submit to an examination by the panel or by a member of the panel.\n\t(2)\tA person or body referring a question to an expert review panel must submit a document to the panel specifying—\n\t(a)\tthe injury or alleged injury to, or in respect of, which the referred question relates; and\n\t(b)\tthe facts or questions of fact relevant to the referred question which the person or body is satisfied have been agreed and those facts or questions that are in dispute.\n\t(3)\tA person or body referring a question to an expert review panel must submit copies of all documents relating to the referred question in the possession, custody or control of that person or body to the panel.\n\t(4)\tIf an expert review panel requests and the relevant person consents, a medical expert who has provided a service to a relevant person in relation to the relevant injury must—\n\t(a)\tmeet with the panel and answer questions; and\n\t(b)\tsupply relevant documents to the panel.\n\t(5)\tA person must not, without reasonable excuse, fail to comply with a requirement under subclause (4).\nMaximum penalty: $5 000.\n\t(6)\tAny attendance of a person before an expert review panel must be in private, unless the panel considers that it is necessary for another person to be present.\n\t(7)\tInformation given to an expert review panel cannot be used in subsequent proceedings unless—\n\t(a)\tthe proceedings are before a court or the Tribunal; or\n\t(b)\tthe relevant person consents to the use of the information.\n7—Admissibility\nAn opinion, certificate, report or other document furnished by an expert review panel is admissible in evidence in any proceedings before a court or the Tribunal.\n8—Support staff and facilities\n\t(1)\tThe Minister must ensure that there are such administrative and ancillary staff as are necessary for the proper functioning of the expert review panels.\n\t(2)\tThe expert review panels may—\n\t(a)\tunder an arrangement established by the Minister and the appropriate authority, make use of the services, facilities or staff of a government department, agency or instrumentality; or\n\t(b)\twith the approval of the Minister, make use of the services, facilities or staff of any other entity.\n","sortOrder":12},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Related amendments and transitional provisions","content":"Schedule 2—Related amendments and transitional provisions\nPart 1—Related amendments\n1—Amendment provisions\nIn this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.\nPart 2—Amendment of Civil Liability Act 1936\n2—Amendment of section 3—Interpretation\n\t(1)\tSection 3—definition of motor accident—before \"arises out of\" insert:\nis caused by or\n\t(2)\tSection 3—after the definition of motor vehicle insert:\nMVA motor accident means a motor accident where the motor vehicle is a motor vehicle as defined in the Motor Vehicles Act 1959;\n\t(3)\tSection 3—after its present contents as amended by this section (now to be designated as subsection (1)) insert:\n\t(2)\tFor the purposes of this Act, personal injury will arise from a motor accident if the personal injury is caused by or arises out of the use of a motor vehicle.\n3—Amendment of section 52—Damages for non‑economic loss\n\t(1)\tSection 52(2)—after \"If damages are to be awarded for non‑economic loss\" insert:\n, other than in relation to personal injury arising from an MVA motor accident\n\t(2)\tSection 52—after subsection (2) insert:\n\t(3)\tSubject to subsection (4), if damages are to be awarded for non‑economic loss in relation to personal injury arising from an MVA motor accident, they must be assessed as follows:\n\t(a)\tthe injured person's total non‑economic loss is to be assigned a numerical value (an injury scale value) on a scale running from 0 to 100;\n\t(b)\tin assessing the injury scale value, the court must apply any rules prescribed by the regulations;\n\t(c)\tthe damages for non‑economic loss are to be calculated as follows:\n\t(i)\tif the injury scale value is assessed as 31 or less but more than 10 (see subsection (4))—by adding to $2 000 (indexed) an amount calculated by multiplying the number by which the injury scale value exceeds 10 by $1 000 (indexed);\n\t(ii)\tif the injury scale value is assessed as 45 or less but more than 31—by adding to $23 000 (indexed) an amount calculated by multiplying the number by which the injury scale value exceeds 31 by $3 000 (indexed);\n\t(iii)\tif the injury scale value is assessed as 66 or less but more than 45—by adding to $65 000 (indexed) an amount calculated by multiplying the number by which the injury scale value exceeds 45 by $5 000 (indexed);\n\t(iv)\tif the injury scale value is assessed as 78 or less but more than 66—by adding to $170 000 (indexed) an amount calculated by multiplying the number by which the injury scale value exceeds 66 by $10 000 (indexed);\n\t(v)\tif the injury scale value is assessed as 79 or more—$300 000 (indexed).\n\t(4)\tA person who suffers personal injury arising from an MVA motor accident may only be awarded damages for non‑economic loss if the injury scale value that applies under subsection (3)(a) in relation to the injury exceeds 10.\n\t(5)\tHowever, a court may award damages for non‑economic loss in a case that would otherwise be excluded by operation of subsection (4) if satisfied—\n\t(a)\tthat the consequences of the personal injury with respect to non‑economic loss are exceptional when judged by comparison with other cases involving the same injury; and\n\t(b)\tthat the application of the threshold set by that subsection would, in the circumstances of the particular case, be harsh and unjust.\n\t(6)\tAn assessment of damages for non‑economic loss under subsection (5) must be based on an injury scale value that should rarely be more than 25% higher than the injury scale value that applies under subsection (3)(a) in relation to the injury.\n\t(7)\tAn amount applying under subsection (3) (and followed by the word \"(indexed)\") is to be adjusted on 1 July of each year, beginning on 1 July 2014, by multiplying the stated amount by a proportion obtained by dividing the Consumer Price Index for the March quarter of that year by the Consumer Price Index for the March quarter 2013 (with the amount so adjusted being calculated to the nearest multiple of $10).\n\t(8)\tIn connection with the operation of subsection (7), the amount to be applied with respect to a particular injury is the amount applying under subsection (3) at the time of occurrence of that injury.\n4—Insertion of section 56A\nAfter section 56 insert:\n56A—Additional provisions relating to motor vehicle injuries (economic loss)\n\t(1)\tAny entitlement to damages for economic loss in relation to personal injury arising from an MVA motor accident applies subject to the provisions of this section.\n\t(2)\tA person who suffers personal injury arising from an MVA motor accident may only be awarded damages for loss or impairment of future earning capacity if the injury scale value that applies under the regulations in relation to the injury exceeds 7.\n\t(3)\tHowever, a court may award damages in a case that would otherwise be excluded by operation of subsection (2) if satisfied—\n\t(a)\tthat the consequences of the personal injury with respect to loss or impairment of future earning capacity are exceptional; and\n\t(b)\tthat the application of the threshold set by that subsection would, in the circumstances of the particular case, be harsh and unjust.\n\t(4)\tIn assessing damages for loss or impairment of future earning capacity in relation to personal injury arising from an MVA motor accident (other than with respect to a discount that would, apart from this section, be made for the usual vicissitudes of life)—\n\t(a)\ta court must not take into account—\n\t(i)\tany inference as to a circumstance in respect of which the court is unable to evaluate the chance of it occurring; or\n\t(ii)\tany inference as to a circumstance that the court evaluates as having less than a 20% chance of occurring; and\n\t(b)\tan award of damages must be arrived at by taking into account the several circumstances on which a court may rely, the chance of each occurring, and the combination of those chances; and\n\t(c)\ta court must, when making an award of damages, state—\n\t(i)\tthe circumstances that have been taken into account for the purposes of the award; and\n\t(ii)\tthe inferences that the court has drawn from those circumstances; and\n\t(iii)\tthe court's evaluation of the chances of each circumstance relied on occurring; and\n\t(iv)\tits determination of the resultant award of damages.\n\t(5)\tDamages awarded for any form of loss or impairment of earning capacity (whether past or future) in relation to personal injury arising from an MVA motor accident must, after applying a discount rate (if any), and any other principle arising under this Act or at common law, including so as to take into account any actual or presumed contributory negligence, be discounted by a further 20%.\n\t(6)\tThe maximum amount of damages that may be awarded to an employed person for loss in relation to personal injury arising from an MVA motor accident due to the loss of employer superannuation contributions is the relevant percentage of damages payable for the loss or impairment of the earning capacity on which the entitlement to those contributions is based.\n\t(7)\tIn subsection (6)—\nrelevant percentage means the percentage of earnings that is the minimum percentage required by law to be paid as employer superannuation contributions.\n\t(8)\tThe maximum amount of damages that may be awarded to a self‑employed person for economic loss in relation to personal injury arising from an MVA motor accident due to the loss of superannuation contributions made by or on behalf of the person is the relevant percentage of damages payable for the loss or impairment of the earning capacity on which the entitlement to those contributions is based (but nothing in this subsection gives rise to an entitlement to damages beyond damages awarded for loss or impairment of earning capacity).\n\t(9)\tIn subsection (8)—\nrelevant percentage means the percentage of earnings that is the minimum percentage required by law to be paid as employer superannuation contributions for the benefit of an employee who earns the same amount as the self‑employed person.\n5—Amendment of section 58—Damages in respect of gratuitous services\nSection 58—after subsection (3) insert:\n\t(4)\tDespite the preceding subsections, in a case involving an injured person who has suffered personal injury arising from an MVA motor accident—\n\t(a)\tdamages referred to in subsection (1) are not to be awarded unless—\n\t(i)\tthe injury scale value that applies under the regulations in relation to the injury exceeds 10; and\n\t(ii)\tthe services are provided or to be provided—\n\t(A)\tfor at least 6 hours per week; and\n\t(B)\tfor a period of at least 6 consecutive months; and\n\t(b)\tany hourly rate used for the purposes of determining any damages awarded to allow for the recompense of gratuitous services of a parent, spouse, domestic partner or child is not to exceed a rate prescribed by the regulations for the purposes of this paragraph.\n\t(5)\tFurthermore, in a case involving a person who is a participant in the Scheme under the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013, subsection (1) operates subject to the qualification that damages are not to be awarded for the recompense of gratuitous services of a parent, spouse, domestic partner or child of the participant in respect of any assessed treatment, care and support needs, as defined or determined under that Act (whether being past or future needs), that relate to the motor vehicle injury (as defined by that Act) in respect of which the person is a participant in that Scheme.\n\t(6)\tA reference in subsection (5) to a person who is a participant in the Scheme under the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 will be taken to include a reference to a person who has been an interim participant in that Scheme (and who has received any treatment, care and support needs under that Act).\n6—Insertion of sections 58A and 58B\nAfter section 58 insert:\n58A—Limitations on damages for participants in lifetime support scheme\n\t(1)\tNo damages may be awarded to a person who is a participant in the Scheme under the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 in respect of any of the treatment, care and support needs of the person, or any excluded treatment, care and support needs, as defined or determined under that Act (whether being past or future needs), that relate to the motor vehicle injury (as defined by that Act) in respect of which the person is a participant in that Scheme and that arise (or will arise) during the period in respect of which the person is a participant in the Scheme.\n\t(2)\tSubsection (1) applies—\n\t(a)\twhether or not the treatment, care and support needs are assessed treatment, care and support needs under the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013; and\n\t(b)\twhether or not the Lifetime Support Authority is required to make a payment in respect of the treatment, care and support needs concerned; and\n\t(c)\twhether or not any treatment, care, support or service is provided on a gratuitous basis.\n\t(3)\tA reference in subsection (1) to a person who is a participant in the Scheme under the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 will be taken to include a reference to a person who has been an interim participant in that Scheme (and who has received any treatment, care and support needs under that Act).\n58B—Additional provisions relating to death on account of a motor vehicle injury\n\t(1)\tAny entitlement to damages for loss of financial support in respect of the death of a person arising from an MVA motor accident (a relevant loss of financial support claim) applies subject to the provisions of this section.\n\t(2)\tIn making an award in relation to a relevant loss of financial support claim that will provide for the future (other than with respect to a discount that would, apart from this section, be made for the usual vicissitudes of life)—\n\t(a)\ta court must not take into account—\n\t(i)\tany inference as to a circumstance in respect of which the court is unable to evaluate the chance of it occurring; or\n\t(ii)\tany inference as to a circumstance that the court evaluates as having less than a 20% chance of occurring; and\n\t(b)\tan award of damages must be arrived at by taking into account the several circumstances on which a court may rely, and the combination of those chances; and\n\t(c)\ta court must, when making an award of damages, state—\n\t(i)\tthe circumstances that have been taken into account for the purposes of the award; and\n\t(ii)\tthe inferences that the court has drawn from those circumstances; and\n\t(iii)\tthe court's evaluation of the chances of each circumstance occurring; and\n\t(iv)\tits determination of the resultant award of damages.\n\t(3)\tDamages awarded in relation to a relevant loss of financial support claim must, after applying a discount rate (if any), and any other principle arising under this Act or at common law, including so as to take into account any actual or presumed contributory negligence, be discounted by a further 20%.\n7—Amendment of section 65—Spouse or domestic partner may claim for loss or impairment of consortium\nSection 65—after its present contents (now to be designated as subsection (1)) insert:\n\t(2)\tDamages for the loss or impairment of consortium suffered by the spouse or domestic partner of an injured person on account of personal injury arising from an MVA motor accident will not be awarded unless the injury scale value that applies under the regulations in relation to the injury exceeds 10.\n8—Insertion of Part 9 Division 13\nAfter section 75 insert:\n","sortOrder":13},{"sectionNumber":"Div 13","sectionType":"division","heading":"Regulations","content":"Division 13—Regulations\n76—Assessment of motor vehicle injuries\n\t(1)\tThe regulations may, in relation to any claim, entitlement or award of damages in respect of personal injury arising from an MVA motor accident—\n\t(a)\tauthorise an insurer or the nominal defendant under Part 4 of the Motor Vehicles Act 1959 to require a claimant to submit to an assessment or examination of a prescribed kind; and\n\t(b)\trequire that an examination or assessment be undertaken by an accredited health professional (see subsection (2)) in order to obtain advice and evidence in relation to any relevant matter; and\n\t(c)\tspecify procedures to be followed in connection with any examination or assessment, including as to the determination or selection of an accredited health professional who is to undertake the examination or assessment; and\n\t(d)\tspecify the maximum number of examinations or assessments that may be made in a particular case; and\n\t(e)\tprescribe rules that are to be applied with respect to the determination of any injury scale value under this Act; and\n\t(f)\twithout limiting a preceding paragraph, make provision for the provision of advice or evidence about diagnosis, causation, prognosis, future requirements for treatment, care or support, or other matters that are relevant to any assessment of damages or liability in respect of the injury; and\n\t(g)\tmake provision for the preparation and furnishing of reports and other information or material, including as to the procedures or processes associated with requesting any report, document or other material, the form of any report, document or other material, and the persons to whom any report, document or other material is to be provided or made available; and\n\t(h)\tprovide for any other matter that may be relevant to assessing or determining a claim or entitlement, or making an award of damages.\n\t(2)\tThe designated Minister may establish an accreditation scheme with respect to health professionals in connection with regulations under this section.\n\t(3)\tThe accreditation scheme—\n\t(a)\tmay provide for a term or a period of accreditation, and for the suspension or cancellation of accreditation on specified grounds; and\n\t(b)\tmay specify terms or conditions of accreditation; and\n\t(c)\tmay provide for any aspect of the scheme to be administered or managed by a person or body specified by the designated Minister; and\n\t(d)\tmay provide that a person holding an accreditation, registration or other form of authorisation or status under another scheme recognised by the designated Minister will be taken to hold an accreditation under this section; and\n\t(e)\tmay be amended or substituted by the designated Minister from time to time.\n\t(4)\tThe rules that are to apply for the purpose of assessing injury scale values (ISVs) for multiple injuries must include 1 or more provisions that adopt the following principles:\n\t(a)\ta court must consider the range of ISVs for the dominant injury of the multiple injuries;\n\t(b)\tin order to reflect the level of adverse impact of multiple injuries on an injured person, a court may assess the ISV for the multiple injuries as being higher in the range of ISVs for the dominant injury of the multiple injuries than the ISV that the court would assess for the dominant injury only;\n\t(c)\tif a court considers that the level of impact of multiple injuries on an injured person is so severe that the maximum ISV for the dominant injury is inadequate to reflect the level of impact, the court may make an assessment of the ISV for the multiple injuries that is higher than the maximum ISV for the dominant injury, subject to the following qualifications:\n\t(i)\tthe ISV for multiple injuries cannot exceed 100;\n\t(ii)\tthe ISV for multiple injuries should rarely be more than 25% higher than the maximum ISV for the dominant injury.\n\t(5)\tIn connection with the operation of subsection (4), a dominant injury, in relation to multiple injuries, is—\n\t(a)\tsubject to paragraph (b)—the injury of the multiple injuries having the highest range; or\n\t(b)\tif the highest range for 2 or more of the injuries of the multiple injuries is the same—the injury of those injuries selected as the dominant injury by a court assessing an ISV.\n\t(6)\tSubsections (4) and (5) do not limit any other principle or provision that may apply under the regulations in relation to the assessment and determination of an ISV for a particular injury.\n\t(7)\tFor the purposes of the rules that are to apply for the purpose of assessing any injury scale value under a designated section (being rules that determine a substantive matter rather than prescribe a procedural matter), the relevant regulations are the regulations applying at the time of the occurrence of the relevant injury.\n\t(8)\tIf a person fails to comply with a requirement prescribed under subsection (1) in respect of a claim or proceedings made or commenced by the person—\n\t(a)\tin the case of a claim—a person or body to which the claim has been made may decline to consider or deal with the claim while the failure continues; and\n\t(b)\tthe person is not entitled, until he or she complies with the requirement, to commence proceedings or to continue proceedings that have been commenced in respect of the personal injury.\n\t(9)\tIn addition, the regulations may—\n\t(a)\trequire an insurer or the nominal defendant under Part 4 of the Motor Vehicles Act 1959 to pay for the costs of examinations and assessments, and for the preparation and furnishing of reports, documents or other material, in prescribed circumstances (subject to any limits specified in the regulations); and\n\t(b)\tlimit the liability of an insurer or the nominal defendant under Part 4 of the Motor Vehicles Act 1959 to pay for the costs of examinations and assessments, and for the preparation and furnishing of reports, documents or other material, in connection with a claim (and any such regulation may provide that prescribed costs (if any) be borne by a claimant and will have effect according to its terms and despite a liability that would otherwise arise under Part 4 of the Motor Vehicles Act 1959 or any other Act or law); and\n\t(c)\trequire an insurer or the nominal defendant under Part 4 of the Motor Vehicles Act 1959 to make a contribution (determined in accordance with the regulations) towards the costs of the accreditation scheme established by the Minister under this section (including so that the scheme is fully‑funded through the making of those contributions).\n\t(10)\tA regulation under subsection (1)(e) may only be made on the recommendation of the designated Minister.\n\t(11)\tBefore the designated Minister makes a recommendation under subsection (10), the designated Minister must consult with—\n\t(a)\tthe Attorney‑General; and\n\t(b)\tThe South Australian Branch of the Australian Medical Association Incorporated; and\n\t(c)\tThe Law Society of South Australia.\n\t(12)\tIf an association referred to in subsection (11) objects to any matter contained in a regulation under subsection (10), the designated Minister must, at the request of that association, prepare a report that—\n\t(a)\tprovides information about the consultation that has been undertaken; and\n\t(b)\tsets out the objection that has been made (including the reasons put forward by the association for its objection).\n\t(13)\tThe Minister must cause a copy of a report under subsection (12) to be laid before both Houses of Parliament as soon as is reasonably practicable after the request is made.\n\t(14)\tIn addition, a regulation that would have the effect of changing the injury scale value applying with respect to a particular injury so that a person who suffers that injury (and no other injury) would, on account of that change, no longer have a right to damages for non‑economic loss under section 52(3) and (4) cannot come into operation until the time for disallowance of the regulation has passed.\n\t(15)\tNothing in this section is intended to prevent or restrict a court from exercising any judicial power or from determining a matter according to law.\n\t(16)\tIn this section—\ndesignated Minister means the Minister from time to time designated by the Governor by proclamation to be the designated Minister for the purposes of this section;\ndesignated section means any of the following sections:\n\t(a)\tsection 52;\n\t(b)\tsection 56A;\n\t(c)\tsection 58;\n\t(d)\tsection 65;\nhealth professional means—\n\t(a)\ta registered health practitioner under the Health Practitioner Regulation National Law (other than a student); or\n\t(b)\ta person who is within a class brought within the ambit of this definition by the regulations.\n77—Regulations—general provisions\n\t(1)\tWithout limiting section 76, the Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tA regulation under this Act may—\n\t(a)\trefer to or incorporate, wholly or partially and with or without modification, a document prepared or published by a specified body, either as in force at the time the regulation is made or as in force from time to time; and\n\t(c)\tmake different provision according to the persons or circumstances to which it is expressed to apply; and\n\t(d)\tprovide that a matter is to be determined according to the discretion of a prescribed person or body.\nPart 3—Amendment of Motor Accident Commission Act 1992\n9—Insertion of section 4A\nAfter section 4 insert:\n4A—Commission to behave as model litigant\n\t(1)\tThe Commission must behave as a model litigant in the conduct of litigation.\n\t(2)\tAny model litigant guidelines applicable to the Crown Solicitor apply also to the Commission.\n10—Amendment of section 14—Functions and objectives of Commission\nSection 14(3)—after paragraph (c) insert:\n\t\tand\n\t(d)\tto encourage early and appropriate treatment and rehabilitation for people who suffer road accident injuries in respect of which the Commission bears financial responsibility under the policies of compulsory third party insurance referred to in subsection (1).\nPart 4—Amendment of Motor Vehicles Act 1959\n11—Amendment of section 5—Interpretation\nSection 5(1)—after the definition of licence insert:\nLSS Fund levy means the LSS Fund levy under Part 7 of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013;\n12—Amendment of section 20—Application for registration\nSection 20(2)—after paragraph (b) insert:\n\t(ba)\tthe appropriate LSS Fund levy; and\n13—Amendment of section 24—Duty to grant registration\nSection 24(1)—after \"the appropriate insurance premium\" insert:\n, the appropriate LSS Fund levy\n14—Amendment of section 118B—Interpretation of certain provisions where claim made or action brought against nominal defendant\n\t(1)\tSection 118B(1)(b)—after \"the policy of insurance\" insert:\nor the other provisions of this Part\n\t(2)\tSection 118B(2)—after paragraph (d) insert:\n\t(da)\tsection 126A;\n\t(3)\tSection 118B(2)(e)—delete \"and 127A\" and substitute:\n, 127A, 127B and 127C \n15—Insertion of section 126A\nAfter section 126 insert:\n126A—Claim for compensation\n\t(1)\tA person who seeks to make a claim for damages or other compensation in relation to the death of, or bodily injury to, a person for which insurance is provided under this Part must furnish the insurer or the nominal defendant (as the case may be) with a notice of claim that complies with the requirements of subsection (2).\n\t(2)\tA notice under subsection (1)—\n\t(a)\tmust be provided at a time or within a period prescribed by the regulations; and\n\t(b)\tmust be furnished in a manner and form approved by the Minister; and\n\t(c)\tmust set out or be accompanied by—\n\t(i)\ta statement setting out details of the claim; and\n\t(ii)\ta certificate or opinion as to the nature and probable cause of the death or injury (as the case requires) provided by a medical practitioner; and\n\t(iii)\tthe relevant police report number for any report provided to a police officer under the Road Traffic Act 1961 in connection with the relevant accident; and\n\t(iv)\tsuch other report or other information in relation to the accident or the claim as may be prescribed by the regulations; and\n\t(d)\tmust be accompanied by a statement (in a form prescribed by the regulations) authorising the insurer or the nominal defendant to have access to records and other sources of information relevant to the claim.\n\t(3)\tAny material or information required under subsection (2)(c) must comply with any requirements prescribed by the regulations.\n\t(4)\tAn insurer or the nominal defendant must, within 21 days of receiving any record or other information under subsection (2)(d), send a copy of the report or information to the claimant (or a legal practitioner engaged by the claimant).\n\t(5)\tAn insurer and the nominal defendant must establish practices and procedures designed to assist claimants to comply with the requirements of the preceding subsections.\n\t(6)\tIf a person fails to comply with a preceding subsection—\n\t(a)\tthe insurer or the nominal defendant (as the case may be) may decline to consider or deal with the claim while the failure continues; and\n\t(b)\tthe person is not entitled, until he or she complies with the relevant requirements, to commence proceedings or to continue proceedings that have been commenced in respect of the death or injury.\n\t(7)\tSubsection (6) operates subject to any provision made by the regulations about qualifying or restricting the effect of failing to comply with the requirements of this section.\n\t(8)\tIn this section—\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student).\n16—Amendment of section 127—Medical examination of claimants\n\t(1)\tSection 127(2)(a)—delete paragraph (a)\n\t(2)\tSection 127(3), (4) and (5)—delete subsections (3), (4) and (5)\n\t(3)\tSection 127(8)—delete subsection (8)\n17—Amendment of section 127A—Control of medical services and charges for medical services to injured persons\nSection 127A—after subsection (3) insert:\n\t(3a)\tIn addition, the Minister may, by instrument in writing, in relation to a particular case or class of case, increase a limit or charge that applies for the purposes of this section (and the prescribed limit or prescribed scale will, in that case, then be taken to be increased to the extent allowed by the instrument).\n18—Insertion of sections 127B and 127C\nAfter section 127A insert:\n127B—Liability of insurer to pay treatment, care and support costs\n\t(1)\tIn this section—\ntreatment, care and support needs of a person are the person's needs for or in connection with any of the following:\n\t(a)\tmedical treatment (including pharmaceuticals);\n\t(b)\tdental treatment;\n\t(c)\trehabilitation;\n\t(d)\tambulance transportation;\n\t(e)\taids and appliances;\n\t(f)\tprostheses;\n\t(g)\tsuch other kinds of treatment, care, support or services as may be prescribed by the regulations.\n\t(2)\tSubject to this section, if—\n\t(a)\ta person who has not attained the age of 16 years suffers bodily injury caused by or arising out of the use of a motor vehicle; and\n\t(b)\tthe incident to which the bodily injury is attributable occurs in South Australia,\nthen the insurer is liable to pay all the necessary and reasonable expenses with respect to the treatment, care and support needs of the person (including after he or she attains the age of 16 years) that are attributable to that bodily injury.\n\t(3)\tThis section applies whether or not a liability at common law exists against the owner of the relevant motor vehicle or other person on account of the occurrence of the bodily injury (but any award of damages must take into account the extent to which an entitlement arises under this section).\n\t(4)\tThis section does not apply in relation to a participant in the Scheme under the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013.\n\t(5)\tSection 127A will apply to any services under this section insofar as they are prescribed services under that section.\n\t(6)\tIf a person suffered the bodily injury as a result of or partly as a result of the fault of another person (the wrongdoer), the insurer is entitled to recover from the wrongdoer as a debt due to the insurer such proportion of the present value of the insurer's treatment, care and support liabilities in respect of the person's bodily injury as corresponds to the wrongdoer's share in the responsibility for the injury. \n\t(7)\tThe present value of the insurer's treatment, care and support liabilities in respect of a bodily injury is the sum of the following amounts:\n\t(a)\tamounts already paid by the insurer under this section in respect of the treatment, care and support needs associated with the bodily injury; and\n\t(b)\tthe present value of the amounts that the insurer estimates will be payable by the insurer in the future under this section in respect of the treatment, care and support needs associated with the bodily injury. \n127C—Control of legal costs\n\t(1)\tSubject to subsection (3), a court before which proceedings are brought in respect of a claim for which a person is insured under this Part must comply with the following provisions as to costs in relation to the claimant:\n\t(a)\tif the total amount recovered in respect of the claim does not exceed $25 000—the court must not award in favour of the claimant costs as between party and party unless the court is of the opinion that there are exceptional circumstances justifying the award of such costs;\n\t(b)\tif the total amount recovered in respect of the claim exceeds $25 000 but does not exceed $100 000—the court must not award in favour of the claimant costs in respect of the proceedings in excess of the costs applying under the designated scale unless the court is satisfied that there are exceptional circumstances justifying the award of additional costs.\n\t(2)\tA court before which proceedings are brought in respect of a claim for which a person is insured under this Part must comply with the following provisions as to costs in relation to the defendant:\n\t(a)\tif the total amount claimed does not exceed $25 000—the court must not award in favour of the defendant costs as between party and party unless the court is of the opinion that there are exceptional circumstances justifying the award of such costs;\n\t(b)\tif the total amount claimed exceeds $25 000 but does not exceed $100 000—the court must not award in favour of the defendant costs in respect of the proceedings in excess of the costs applying under the designated scale unless the court is satisfied that there are exceptional circumstances justifying the award of additional costs.\n\t(3)\tIf proceedings are brought before a court in order to obtain approval of a compromise or settlement that relates to a person who is under a legal disability, subsection (1)(a) does not apply so as to prevent an award of costs as between party and party insofar as the costs are directly related to obtaining that approval.\n\t(4)\tIn this section—\ndesignated scale means the scale of costs that apply in relation to civil proceedings in the Magistrates Court of South Australia (even if the claim against the insurer is for an amount that exceeds the jurisdictional limit of that court), subject to any modifications made by the regulations for the purposes of this section.\n19—Insertion of section 134A\nAfter section 134 insert:\n134A—Review of scheme\n\t(1)\tThe Minister must cause a review of this Part to be undertaken if the Class 1 premium imposed in respect of insurance under this Part exceeds, in relation to a particular financial year, the prescribed percentage of State average weekly earnings that is current at 1 July of that financial year.\n\t(2)\tThe Minister must ensure—\n\t(a)\tthat the review is completed within 6 months after the end of the financial year that applies under subsection (1); and\n\t(b)\tthat the results of the review are set out in a written report furnished to the Minister.\n\t(3)\tThe Minister must cause a copy of a report furnished to the Minister under this section to be laid before both Houses of Parliament within 6 sitting days after receiving the report.\n\t(4)\tIf a review is undertaken under this section, this section will then not apply in relation to the next 2 financial years immediately following the financial year in which the review is completed.\n\t(5)\tIn this section—\nClass 1 premium means a premium payable under this Part in respect of passenger cars garaged within Metropolitan Adelaide identified, from time to time, by the Minister for the purposes of this definition by notice in the Gazette;\nState average weekly earnings means the amount determined in accordance with the regulations by reference to publications of the Australian Statistician.\nPart 5—Amendment of Stamp Duties Act 1923\n20—Insertion of Part 3 Division 11\nAfter section 82A insert:\n","sortOrder":14},{"sectionNumber":"Div 11","sectionType":"division","heading":"LSS Fund levy","content":"Division 11—LSS Fund levy\n82B—Interpretation\nIn this Division—\nAuthority means the Lifetime Support Authority of South Australia established under the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013;\nLSS Fund levy means the LSS Fund levy under Part 7 of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013.\n82C—Lodgment of statement and payment of duty\nThe Authority is liable under this section to pay duty in respect of each LSS Fund levy paid to the Authority and must, under a scheme established by the Treasurer for the purposes of this Division (at intervals determined under that scheme)—\n\t(a)\tlodge with the Commissioner a statement in an approved form setting out the total of all such levies received by the Authority during a preceding period specified under the scheme; and\n\t(b)\tpay to the Commissioner duty equivalent to 11% of that amount.\nPart 6—Transitional provisions\n21—Civil Liability Act—transitional provisions\n\t(1)\tIn this clause—\nprincipal Act means the Civil Liability Act 1936.\n\t(2)\tAn amendment made by this Act—\n\t(a)\tthat amends section 52, 58 or 65 of the principal Act; or\n\t(b)\tthat inserts section 56A, 58A or 58B into the principal Act,\ndoes not affect a cause of action, right or liability that arose before the commencement of the amendment.\n\t(3)\tSection 58A of the principal Act (as inserted by this Act) applies in relation to a person who is a participant in the Scheme under this Act in respect of a motor vehicle injury that results from an MVA motor accident (as defined by the principal Act) occurring on or after the commencement of section 5 of this Act.\n\t(4)\tSubclauses (2) and (3) do not derogate from the operation of section 105 of the Motor Vehicles Act 1959.\n\t(5)\tTo avoid doubt, section 76(14) of the principal Act (as enacted by this Act) does not apply in relation to a regulation that prescribes the injury scale values that are to apply on the commencement of section 52(3) of the principal Act (as enacted by this Act).\n22—Motor Vehicles Act—transitional provisions\n\t(1)\tIn this clause—\nprincipal Act means the Motor Vehicles Act 1959.\n\t(2)\tSection 126A of the principal Act (as inserted by this Act) applies to any claim made after the commencement of that section (including a claim in relation to a death or bodily injury that results from an accident that occurred before that commencement).\n\t(3)\tAn amendment made by this Act to section 127 of the principal Act does not apply in relation to any claim in relation to bodily injury that results from an accident occurring before the commencement of the amendment (and so a paragraph or subsection to be deleted by such an amendment will continue to operate in relation to such a claim including a claim made after the commencement of the amendment).\n\t(4)\tSection 127B of the principal Act (as inserted by this Act) applies in relation to a death or bodily injury that results from an accident occurring on or after the commencement of that section.\n\t(5)\tSection 127C of the principal Act (as inserted by this Act) applies in relation to a claim in respect of a death or a bodily injury that results from an accident occurring on or after the commencement of that section.\n23—Contribution to liabilities of Authority—transitional provisions\n\t(1)\tThe Treasurer may, after consultation with MAC and the Authority, determine an amount that (in the opinion of the Treasurer) represents the amount derived by MAC from premiums in respect of policies of insurance under Part 4 of the Motor Vehicles Act 1959 in respect of any treatment, care and support needs of persons who become participants in the Scheme under this Act after the commencement of the Scheme and the commencement of section 58A of the Civil Liability Act 1936 (as inserted by this Act), including so as to provide an amount with respect to unexpended risk reserves held by MAC that are attributable to road accidents for which provision is made but for which liability does not eventually arise.\n\t(2)\tThe Treasurer may make a determination under subclause (1)—\n\t(a)\tin respect of past and future premiums payable under Part 4 of the Motor Vehicles Act 1959 (applying such estimates as the Treasurer thinks fit); and\n\t(b)\ton the basis of—\n\t(i)\testimates with respect to reductions in the liability and financial requirements of MAC in the future; and\n\t(ii)\testimates with respect to the liabilities and financial requirements of the Authority under this Act in the future,\nand after taking into account such other matters as the Treasurer thinks fit.\n\t(3)\tAn amount determined by the Treasurer under subclause (1) will be payable by MAC (from out of the Compulsory Third Party Fund established under Part 4 of the Motor Accident Commission Act 1992) to the Authority (for payment into the Lifetime Support Scheme Fund established under Part 7 of this Act) at a time determined by the Treasurer after consultation with MAC and the Authority.\n\t(4)\tThis clause operates despite any provision in the Motor Accident Commission Act 1992 about payments into or out of the Compulsory Third Party Fund.\n\t(5)\tIn this clause—\nMAC means the Motor Accident Commission.\nPart 7—Review\n24—Review\n\t(1)\tThe designated Committee must review the operation of this Act (including the amendments made by this Act to other Acts) as soon as practicable after the expiry of 3 years from its commencement.\n\t(2)\tThe review must include an assessment of—\n\t(a)\tthe extent to which this Act has provided an effective and fair scheme to assist people who have been catastrophically injured in motor vehicle accidents; and\n\t(b)\twhether it would be appropriate to extend the Scheme established by this Act to people who have been catastrophically injured due to other causes, and the issues associated with implementing such a reform; and\n\t(c)\tthe operation of the provisions for the assessment and awarding of damages under section 52 of the Civil Liability Act 1936 with respect to MVA motor accidents (as defined under that Act) enacted by this Act, with particular reference to—\n\t(i)\twhether the exclusion of a right of recovery for non‑economic loss if the injury scale value that applies in a particular case does not exceed 10 has resulted in cases of substantial hardship; and\n\t(ii)\twhether the rules and principles applying to an injured person who has suffered multiple injuries have—\n\t(A)\tprovided reasonable compensation within the scheme established under that section; or\n\t(B)\tcaused a change in the manner in which such persons claim compensation that has or could lead to an increase in premiums payable under Part 4 of the Motor Vehicles Act 1959; and\n\t(d)\tthe operation of the other amendments to the Civil Liability Act 1936 enacted by this Act, with particular reference to the introduction and effect of thresholds under various heads of damages; and\n\t(e)\tthe effect that the amendments to the Motor Vehicles Act 1959 enacted by this Act have had on the handling and settlement of claims under Part 4 of that Act,\nand may include any other matter that the designated Committee considers to be relevant to a review of this Act.\n\t(3)\tIn this clause—\ndesignated Committee means—\n\t(a)\tunless paragraph (b) applies—the Social Development Committee of Parliament; or\n\t(b)\tif both Houses of Parliament have, before the third anniversary of the commencement of this Act, by resolution, designated another Committee of Parliament to conduct the review envisaged by this clause—that Committee.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\nMotor Vehicle Accidents (Lifetime Support Scheme) Act 2013 \n23.5.2013\n1.7.2013 except ss 4—6, Pts 3—6 & Sch 1—1.7.2014 (Gazette 20.6.2013 p2629)\nReturn to Work Act 2014\n6.11.2014\nSch 9 (cll 5 & 6)—1.7.2015 (Gazette 4.12.2014 p6610)\nStatutes Amendment (SACAT) Act 2019\n11.7.2019\nPt 18 (ss 115 to 119)—2.12.2019 (Gazette 21.11.2019 p3928)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(1)\n\nDistrict Court\ndeleted by 14/2019 s 115(1)\nTribunal\ninserted by 14/2019 s 115(2)\nPt 3\n\ns 24\n\ns 24(5)\namended by 16/2014 Sch 9 cl 5\nPt 5\n\ns 35\nsubstituted by 14/2019 s 116\ns 37\nsubstituted by 14/2019 s 117\nPt 8\n\ns 55\n\ns 55(1)\namended by 16/2014 Sch 9 cl 6(1)\ns 55(2)\namended by 16/2014 Sch 9 cl 6(2)\ns 55(3)\nsubstituted by 16/2014 Sch 9 cl 6(3)\ns 55(4)\n\nprescribed authority\namended by 16/2014 Sch 9 cl 6(4)\nSch 1\n\ncl 6\n\ncl 6(7)\namended by 14/2019 s 118(1)\ncl 7\namended by 14/2019 s 118(2)\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (SACAT) Act 2019, Pt 18\n119—Transitional provisions\n\t(1)\tA right of appeal to the Administrative and Disciplinary Division of the District Court under sections 35 and 37 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.\n\t(2)\tNothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.\n\t(3)\tIn this section—\nprincipal Act means the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\n\n","sortOrder":15}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3417},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"While the Act creates a complex administrative and financial structure and significantly modifies common law damages rights (Schedule 2), these elements were explicitly contemplated in the long title as ‘related amendments’ necessary to establish the Scheme. The ‘buy-in’ provision for pre-commencement injuries and the coordination with workers compensation (section 55) are extensions of coverage within the Act’s original purpose of providing lifetime support, rather than departures from it."},"complexity_factors":["Extensive cross-referencing: The Act integrates with and amends four other major statutes (Civil Liability Act 1936, Motor Vehicles Act 1959, Motor Accident Commission Act 1992, and Stamp Duties Act 1923), requiring simultaneous reading of multiple legislative schemes.","Dual-layer delegated legislation: The Act operates alongside both Regulations (made by the Governor) and *LSS Rules* (made by the Governor on the Authority’s recommendation), with the latter explicitly exempted from standard legislative scrutiny procedures (section 56(4)).","Complex actuarial funding mechanism: Section 43 requires independent actuarial determination of ‘required fund contributions’ based on ‘relevant periods’ (which may overlap), future liabilities, and unexpended risk reserves, creating sophisticated financial conditionality.","Nested eligibility logic: Section 24 contains multi-tiered eligibility criteria (including territorial limits, catastrophic injury thresholds defined in subordinate rules, and exclusions for road races and work injuries) plus a ‘buy-in’ pathway for pre-commencement injuries with its own contribution calculations (section 6).","Sophisticated dispute resolution hierarchy: Part 5 establishes distinct pathways for ‘non-medical’ disputes (review officer → Tribunal), eligibility disputes (Expert Review Panel → Tribunal), and treatment assessments (Expert Review Panel with finality provisions), each with different procedural rules and evidentiary standards.","Conditional payment exclusions: Section 28 contains multiple exceptions to the Authority’s payment obligations (gratuitous services, ordinary child-rearing costs, non-approved providers) with discretionary override powers and further exceptions to those exceptions (e.g., subsection 28(4) regarding medical practitioners).","Transitional coordination: Schedule 2, Part 6 contains intricate transitional provisions coordinating commencement dates across the principal Act and related amendments, distinguishing between claims based on accident dates versus claim lodgement dates.","Interaction with workers compensation: Section 55 creates a special interface with the Return to Work Act 2014, allowing the Authority to enter agreements with WorkCover or self-insured employers, effectively blending two statutory compensation schemes."],"plain_english_summary":"**What this legislation does**\n\nThis Act creates a **no-fault insurance scheme** called the **Lifetime Support Scheme (LSS)** for South Australians who suffer **catastrophic injuries** (such as severe brain or spinal cord damage) in motor vehicle accidents. “No-fault” means a person can receive help regardless of who caused the crash—even if they were at fault, or if nobody was at fault.\n\n**Who it affects**\n*   **Catastrophically injured people**: Those who meet strict medical criteria (set out in rules called the *LSS Rules*) and are accepted as “participants.” They receive funding for life.\n*   **Vehicle owners**: Everyone who registers a vehicle in South Australia pays a levy (the *LSS Fund levy*) added to their registration fees to fund the Scheme.\n*   **Insurers**: Compulsory Third Party (CTP) insurers must coordinate with the Lifetime Support Authority and cannot separately sue participants for treatment costs already covered by the Scheme.\n*   **Uninsured at-fault drivers**: If an uninsured driver causes a crash that injures a participant, the Authority can recover the lifetime care costs from that driver.\n\n**How the Scheme works**\n*   **Funding**: A dedicated *Lifetime Support Scheme Fund* is built from vehicle registration levies, investment income, and government advances.\n*   **Benefits**: The Authority pays for all “necessary and reasonable” treatment, care and support needs, including medical treatment, rehabilitation, nursing, home modifications, prosthetics, and vocational training (section 4). This continues for the participant’s lifetime.\n*   **Eligibility**: A person must apply and be assessed. They may first become an “interim participant” while their injury stabilises, then a “lifetime participant” (section 26).\n*   **Buy-in for past injuries**: People injured in crashes that happened *before* the Scheme started can pay a calculated contribution to join (section 6).\n*   **Trade-off on legal rights**: To prevent “double-dipping,” participants generally cannot sue in court for future treatment and care costs (these are covered by the Scheme instead). This modifies the *Civil Liability Act 1936* (Schedule 2).\n*   **Disputes**: Disputes about medical matters go to **Expert Review Panels** (independent specialists). Other disputes go to review officers and then to the South Australian Civil and Administrative Tribunal (SACAT) (Part 5).\n\n**Why it matters**\nBefore this Act, catastrophically injured people often faced lifetime financial uncertainty. They had to prove someone else was at fault to get compensation, and lump-sum payments could run out. This Act guarantees lifelong care funded by a stable levy system, but in exchange, it limits common law damages claims for those who join the Scheme."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act transfers long‑term treatment, care and support obligations for catastrophic motor vehicle injuries from private claims/insurers and courts to a publicly administered Scheme (s1; s27). It funds those obligations via a new LSS Fund and levies on vehicle registration/permits (ss 42, 44), creates Treasurer loan/guarantee backstops (ss 19, 50), and limits or removes recovery of covered treatment/care via amendments to the Civil Liability Act and Motor Vehicles Act (Schedule 2: e.g. s58A; s56A; ss127B–127C). These changes therefore expand administrative coverage while narrowing certain common‑law and statutory damage remedies."},"complexity_factors":["Cross‑Act amendments that rewrite entitlement and damages rules across multiple statutes (Civil Liability Act 1936, Motor Vehicles Act 1959, Stamp Duties Act 1923) creating legal interactions and thresholds (Schedule 2: e.g. insertion of ss 56A, 58A, 58B; amendments to s52).","Delegated rule‑making with extensive discretion to the Governor, Minister and Authority via LSS Rules, including an express exemption from parts of the Subordinate Legislation Act (s56(1)–(4)).","Fund financing and actuarial process requiring independent actuarial reports and Ministerial determination of required contributions, plus a levy scheme on registration/permits (s43–44).","Multiple funding backstops and recovery routes: Registrar collection, Treasurer advances and guarantees, recovery from uninsured or defaulting persons, and insurer subrogation powers (ss 19, 42–46, 50).","Complex eligibility and intake architecture including interim and lifetime participation, buy‑in for pre‑commencement injuries, and exclusions (ss 5–6, 24–26).","Layered assessment and dispute resolution system: Authority assessments, review officers, expert review panels (Schedule 1) and Tribunal review, with costs and procedural rules allocated across bodies (Part 5, Sch 1).","Interaction with insurance regulation and court costs rules (insertion of ss 127B, 127C to Motor Vehicles Act 1959) that alter insurer liabilities and legal cost awards.","Operational and compliance burdens on applicants, participants and providers — mandatory information, medical examinations, provider approvals, penalties for false or non‑compliant conduct (ss 25, 30–32, 29(4), 51)."],"plain_english_summary":"This Act creates the Lifetime Support Authority and a Lifetime Support Scheme that pays for necessary and reasonable treatment, care and support for people catastrophically injured in motor vehicle accidents. The Scheme is funded mainly from an LSS Fund supplied by a levy on vehicle registration/permits, with Treasurer loans and guarantees available. It sets out who is eligible, how needs are assessed, approved providers, dispute and review processes, and gives the Authority and Minister broad rule‑making discretion; it also removes recovery of covered treatment/care costs through ordinary damages."},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"Based on general knowledge, the Act has remained broadly consistent with its original intent of providing lifetime no-fault support to catastrophically injured road accident victims in South Australia. However, a definitive scope assessment cannot be made as the actual legislative text was not accessible due to a website error. Any amendments since 2013 could not be verified."},"complexity_factors":["No-fault insurance scheme design involves complex eligibility thresholds and injury classification systems","Interaction with existing fault-based third party insurance (CTP) system creates overlapping legal frameworks","Lifetime funding obligations require actuarial (long-term financial modelling) assessments and ongoing regulatory oversight","Governance structure involving a dedicated authority with board, investment, and administrative functions adds structural complexity","Appeals and dispute resolution mechanisms layer additional procedural complexity","Definitions of 'catastrophic injury' require medical and legal precision, creating boundary disputes","Funding model linked to vehicle registration levies involves Treasury and insurance regulation interactions","NOTE: Full complexity assessment is limited as the actual legislative text was not retrievable — score may require revision upon review of the full Act"],"plain_english_summary":"The Act creates South Australia’s Lifetime Support Scheme (LSS), a no-fault program providing lifelong care and support to people who suffer catastrophic injuries in SA motor vehicle accidents. It removes the need to prove fault for the most seriously injured and funds essential lifelong services (medical treatment, rehabilitation, personal and attendant care, home modifications).\n\nThe scheme is administered by the Motor Accident Commission (or successor) and is funded by a levy on all vehicle registrations, so all SA vehicle owners share the cost."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/motor-vehicle-accidents-lifetime-support-scheme-act-2013","history":"/api/acts/motor-vehicle-accidents-lifetime-support-scheme-act-2013/history","analysis":"/api/acts/motor-vehicle-accidents-lifetime-support-scheme-act-2013/analysis","conflicts":"/api/acts/motor-vehicle-accidents-lifetime-support-scheme-act-2013/conflicts","importantCases":"/api/acts/motor-vehicle-accidents-lifetime-support-scheme-act-2013/important-cases","documents":"/api/acts/motor-vehicle-accidents-lifetime-support-scheme-act-2013/documents"}}