Part 3Participation in Scheme

Part 3—Participation in Scheme 24—Eligibility for participation in Scheme (1) A person is eligible to be a participant in the Scheme if— (a) the person suffers a bodily injury; and (b) the injury was caused by or arose out of the use of a motor vehicle; and (c) the relevant motor vehicle accident occurred in South Australia; and (d) the coverage of this Act is not excluded under subsection (5); and (e) the injury suffered by the person satisfies the criteria specified by the LSS Rules for eligibility for the Scheme provided by this Act. (2) Participation 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. (3) A 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. (4) Subsection (3) does not apply to a person who has applied to be accepted into the Scheme under section 6. (5) For the purposes of subsection (1), the coverage of this Act is excluded in relation to— (a) a motor vehicle injury suffered by a participant in a road race; or (b) a 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). 25—Application to participate in Scheme (1) An application for an eligible person to become a participant in the Scheme in respect of motor vehicle injury— (a) is to be made to the Authority; and (b) may only be made by— (i) the person (or a person with lawful authority to act on his or her behalf); or (ii) an insurer under a policy of insurance in respect of a motor vehicle involved in the relevant motor vehicle accident; or (iii) the nominal defendant. (2) An application under subsection (1)(b)(ii) or (iii) does not require the consent of the eligible person. (3) An application— (a) must be made in a manner and form determined by the Authority; and (b) must be accompanied by any information required by the Authority. (4) The 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)— (a) to provide such information as the Authority may require as part of its assessment of the application; and (b) to 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. (5) The information required under subsection (4) may include— (a) the provision of a report that is to be prepared in view of the application; (b) the provision of any other report or document that may be relevant in the circumstances. (6) The 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— (a) the making and determination of applications, including the period within which an application must be made; and (b) requiring 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 (c) imposing 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. (7) The 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). 26—Acceptance as a participant (1) A 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. (2) The Authority must accept a person as a participant in the Scheme if the Authority is satisfied— (a) that the person is eligible to be a participant; and (b) that application for the person to be a participant has been duly made. (3) A person will be accepted as— (a) a lifetime participant; or (b) an interim participant, according to the person's eligibility. (4) A 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. (5) A person accepted as a lifetime participant in the Scheme remains a participant for life. (6) Subject 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. (7) The 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. (8) The 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. (9) If 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. (10) The 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. (11) Any 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).