Div 11LSS Fund levy

Division 11—LSS Fund levy 82B—Interpretation In this Division— Authority means the Lifetime Support Authority of South Australia established under the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013; LSS Fund levy means the LSS Fund levy under Part 7 of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013. 82C—Lodgment of statement and payment of duty The 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)— (a) lodge 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 (b) pay to the Commissioner duty equivalent to 11% of that amount. Part 6—Transitional provisions 21—Civil Liability Act—transitional provisions (1) In this clause— principal Act means the Civil Liability Act 1936. (2) An amendment made by this Act— (a) that amends section 52, 58 or 65 of the principal Act; or (b) that inserts section 56A, 58A or 58B into the principal Act, does not affect a cause of action, right or liability that arose before the commencement of the amendment. (3) Section 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. (4) Subclauses (2) and (3) do not derogate from the operation of section 105 of the Motor Vehicles Act 1959. (5) To 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). 22—Motor Vehicles Act—transitional provisions (1) In this clause— principal Act means the Motor Vehicles Act 1959. (2) Section 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). (3) An 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). (4) Section 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. (5) Section 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. 23—Contribution to liabilities of Authority—transitional provisions (1) The 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. (2) The Treasurer may make a determination under subclause (1)— (a) in 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 (b) on the basis of— (i) estimates with respect to reductions in the liability and financial requirements of MAC in the future; and (ii) estimates with respect to the liabilities and financial requirements of the Authority under this Act in the future, and after taking into account such other matters as the Treasurer thinks fit. (3) An 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. (4) This clause operates despite any provision in the Motor Accident Commission Act 1992 about payments into or out of the Compulsory Third Party Fund. (5) In this clause— MAC means the Motor Accident Commission. Part 7—Review 24—Review (1) The 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. (2) The review must include an assessment of— (a) the 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 (b) whether 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 (c) the 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— (i) whether 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 (ii) whether the rules and principles applying to an injured person who has suffered multiple injuries have— (A) provided reasonable compensation within the scheme established under that section; or (B) caused 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 (d) the 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 (e) the 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, and may include any other matter that the designated Committee considers to be relevant to a review of this Act. (3) In this clause— designated Committee means— (a) unless paragraph (b) applies—the Social Development Committee of Parliament; or (b) if 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. Legislative history Notes • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 23.5.2013 1.7.2013 except ss 4—6, Pts 3—6 & Sch 1—1.7.2014 (Gazette 20.6.2013 p2629) Return to Work Act 2014 6.11.2014 Sch 9 (cll 5 & 6)—1.7.2015 (Gazette 4.12.2014 p6610) Statutes Amendment (SACAT) Act 2019 11.7.2019 Pt 18 (ss 115 to 119)—2.12.2019 (Gazette 21.11.2019 p3928) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1