90Recovery of LTCS payments from responsible person or

90 Recovery of LTCS payments from responsible person or driver (1) This section applies if the motor accident injury of a participant in the LTCS scheme is caused by a motor accident involving an uninsured motor vehicle. Note Uninsured motor vehicle—see the MAI Act, s 325. (2) This section does not apply if, when the motor accident happened— (a) an unregistered vehicle permit was in force for the uninsured motor vehicle; or (b) the registration provisions did not apply to the uninsured motor vehicle because of the Road Transport (Vehicle Registration) Regulation 2000, part 2.2 (Vehicles not subject to registration provisions); or (c) the uninsured motor vehicle was exempted from the operation of the MAI Act, section 289 (Offence—use uninsured motor vehicle on road or road related area) by regulation.

Recovery of lifetime care and support payments Division 10.2 (3) The LTCS commissioner may recover as a debt from the responsible person for the uninsured motor vehicle, or the driver of the uninsured motor vehicle, or both, the present value of its treatment and care liabilities in relation to the participant’s motor accident injury. (4) It is a defence to a proceeding under this section against the responsible person for the uninsured motor vehicle if the responsible person proves that— (a) the motor vehicle was driven without the authority of the responsible person; or (b) the responsible person believed on reasonable grounds that the motor vehicle was insured. (5) It is a defence to a proceeding under this section against the driver of the uninsured motor vehicle if the driver proves that the driver believed on reasonable grounds that— (a) the driver had the responsible person’s consent to drive the motor vehicle; and (b) the motor vehicle was insured.