89Recovery of LTCS payments—entitlement

89 Recovery of LTCS payments—entitlement (1) The LTCS commissioner is entitled to recover from the appropriate person the present value of its treatment and care liabilities in relation to a motor accident injury suffered by a participant in the LTCS scheme if the injury is an injury to which the MAI Act, chapter 5 (Motor accident injuries—common law damages) applies. Note MAI Act—see the dictionary. (2) However, if the participant’s injury was the result partly of the participant’s contributory negligence, the amount the LTCS commissioner is entitled to recover under this division is reduced in proportion to the participant’s share in the responsibility for the injury.

appropriate person, from whom the LTCS commissioner is entitled to recover, means— (a) if the motor vehicle was at the time of the motor accident subject to coverage under a policy of compulsory third-party personal injury insurance or a compulsory motor vehicle accident compensation scheme under the law of a place other than the ACT or under a law of the Commonwealth—the insurer of that policy or the person liable under that scheme; or (b) in any other case—the responsible person for the motor vehicle at the time of the accident, or the driver of the vehicle, or both.