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Section 23 - Motor Accidents (Liabilities and Compensation) Act 1973 - Liability to pay scheduled benefits | Zoe
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Motor Accidents (Liabilities and Compensation) Act 1973
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Explain section 23 Liability to pay scheduled benefits
[Section 23 Substituted by No. 122 of 1977, s. 10 ]**[Section 23 Amended by No. 6 of 1991, s. 6 ]
(1) [Section 23 Subsection (1) amended by No. 55 of 2013, s. 6, Applied:19 Nov 2013] [Section 23 Subsection (1) amended by No. 45 of 1985, s. 5 ] [Section 23 Subsection (1) substituted by No. 49 of 1997, s. 14, Applied:01 Dec 1997] [Section 23 Subsection (1) amended by No. 17 of 1996, Applied:15 May 1998] [Section 23 Subsection (1) substituted by No. 20 of 2002, s. 13, Applied:01 Aug 2002] The Board must pay the benefits prescribed by the regulations if a resident of this State suffers personal injury resulting directly from a motor accident and –
(a) the motor accident occurs in this State; or
(b) the motor accident occurs in another State or a Territory of the Commonwealth and involves a motor vehicle registered in this State.
(1AA) [Section 23 Subsection (1AA) inserted by No. 55 of 2013, s. 6, Applied:19 Nov 2013] Despite subsection (1) , the benefits payable by the Board under that subsection to a resident of this State who suffers personal injury resulting directly from a motor accident that occurs in another State or a Territory are the prescribed benefits less any benefits payable –
(a) to the person in respect of that injury; and
(b) under the law of that other State or Territory.
(1A) [Section 23 Subsection (1A) inserted by No. 20 of 2002, s. 13, Applied:01 Aug 2002] The Board must pay the benefits prescribed by the regulations if a person who is not a resident of this State suffers personal injury resulting directly from a motor accident and –
(a) the motor accident occurs in this State; and
Previous section Part IV Statutory Compensation in Respect of Motor Accidents
Next section 24 Exclusions from scheduled benefits
(b) the motor accident involves a motor vehicle registered in this State.
(2C) [Section 23 Subsection (2C) inserted by No. 55 of 2013, s. 6, Applied:19 Nov 2013] For the purposes of subsection (2) , a motor accident involves an interstate motor vehicle –
(a) whether or not the motor vehicle's registration has been suspended under a law of the jurisdiction in which it is registered; and
(b) if the personal injury results directly from –
(i) a collision, or action taken to avoid a collision, with the motor vehicle, whether the vehicle is stationary or moving; or
(ii) the motor vehicle moving out of control; or
(iii) the driving of the motor vehicle.
(4) [Section 23 Subsection (4) amended by No. 20 of 2002, s. 13, Applied:01 Aug 2002] [Section 23 Subsection (4) added by No. 45 of 1985, s. 5 ] [Section 23 Subsection (4) substituted by No. 49 of 1997, s. 14, Applied:01 Dec 1997] The regulations may prescribe in relation to a person who suffers personal injury which results directly from a motor accident –
(a) [Section 23 Subsection (4) amended by No. 20 of 2002, s. 13, Applied:01 Aug 2002] the medical benefits payable to that person and the limit (except in respect of a person requiring daily care) on the amount of medical benefits payable; and
(b) the funeral benefits payable to that person's personal representative and the limit on the amount of funeral benefits payable; and
(c) the death benefits payable to dependants of that person and the limit on the amount of death benefits payable; and
(d) [Section 23 Subsection (4) amended by No. 20 of 2002, s. 13, Applied:01 Aug 2002] the disability allowance payable to that person and the limit on the amount of disability allowance payable; and
(e) [Section 23 Subsection (4) amended by No. 20 of 2002, s. 13, Applied:01 Aug 2002] [Section 23 Subsection (4) amended by No. 16 of 2007, s. 8, Applied:01 Aug 2007] the disability benefits payable to that person and the limit (except in respect of a person requiring daily care) on the amount of disability benefits payable; and
(f) [Section 23 Subsection (4) amended by No. 16 of 2007, s. 8, Applied:01 Aug 2007] the benefits payable to family members of that person for counselling services, if that person requires daily care as a result of the personal injury or has died as a result of the personal injury, and the limits on the amount of benefits payable in respect of the counselling services.
(5) *[Section 23 Subsection (5) added by No. 45 of 1985, s. 5 ]*The regulations may provide that benefits may be paid by way of lump sum payments, by way of payment of expenses as they are incurred, or by way of periodical allowances.
(6) *[Section 23 Subsection (6) added by No. 45 of 1985, s. 5 ]*The regulations may provide that the amount of benefits payable and the period for which benefits are payable may vary in respect of such factors as may be specified in the regulations.
(8) [Section 23 Subsection (8) inserted by No. 16 of 2007, s. 8, Applied:01 Aug 2007] In this section –
counselling services means counselling that is provided by, or under the supervision of –
(a) [Section 23 Subsection (8) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession; or
(b) any other prescribed person;
family member , in relation to a person, means –
(a) the spouse of the person or a person in a significant relationship with the person, within the meaning of the Relationships Act 2003 ; or
(b) a child of the person; or
(c) a parent of the person; or
(d) a sibling of the person; or
(e) a relative, or step-relative, of the person who lives with the person; or
(f) a prescribed person.