Motor Vehicle (Catastrophic Injuries) Act 2016 (Western Australia)

Mechanically, the Act creates a statutory, lifetime care-and-support scheme (the catastrophic injuries support scheme, or CISS) administered by the Insurance Commission of Western Australia (the Commission) to fund specified treatment, care and support for certain people catastrophically injured in motor vehicle accidents and, following later amendment, some workplace accidents (s 3(1); long title; s 5; s 5A). The Commission is given an express function to manage and administer the CISS (Insurance Commission of Western Australia Act 1986, s 6(aa) as inserted by this Act; see Division 2 amendments). A dedicated Motor Vehicle (Catastrophic Injuries) Fund is created within the Commission’s accounts to receive moneys appropriated or otherwise derived or credited for the scheme (Insurance Commission Act s 16(1)(b) and new s 16(3)).

The Act requires the Commission to assess each participant’s treatment, care and support needs and to pay for all necessary and reasonable expenses for those assessed needs while the person is a participant (s 15; s 18(1)). The Act defines the kinds of services covered (medical treatment, dental treatment, rehabilitation, ambulance transport, respite, attendant care, aids and appliances, education and vocational training, home and transport modification, and other services approved by the Commission) (s 6(1)). The Commission’s payments are limited by regulations and may be subject to monetary or other caps and exclusions (s 18(3)-(4); s 20).

Participation is in two classes: interim participant and lifetime participant. Eligibility, application and acceptance processes are administratively driven: an injured person applies to the Commission (s 9); the Commission accepts eligible applicants in writing (s 10); interim participation covers a regulatory-determined period and may convert to lifetime participation if eligibility for lifetime participation is satisfied during interim participation (ss 11-12). The Commission may suspend participation in prescribed circumstances or while the participant is absent from Australia (s 14). For workplace injuries there is an express residency and compensation-entitlement threshold: an injured person must reside in Australia at the time of applying and there must be an established entitlement to workers’ compensation under the Workers Compensation and Injury Management Act 2023 before the Act applies (s 5A(1)-(3); note).

CrestWestern Australia

Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Act 2016

Western Australia

Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Act 2016

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2
Motor vehicle accident 4
Motor vehicle injury to which Act applies 5

5A. Workplace injury to which Act applies 6

Treatment, care and support needs 7
Act binds Crown 8

Part 2 — Participation in catastrophic injuries support scheme

Eligibility to participate 9
Application to participate 9
Acceptance as participant 10
Interim participation 10
Lifetime participation 11
Former interim participant may apply to become participant 11
Suspension of participation 11

Part 3 — Assessment of treatment, care and support needs

Assessment of participant’s treatment, care and support needs 13
Regulations about assessment of treatment, care and support needs 13
Commission not liable for legal costs for assessment 14

Part 4 — Payments under catastrophic injuries support scheme

Payment of assessed treatment, care and support needs 15
Payment not required in certain circumstances 16
Maximum amounts payable for certain treatment and services 17
Recovery of payments for injury involving interstate vehicle 18
Registered providers 19

Part 5 — Dispute resolution

Terms used 21
Review of eligibility decision 21
Review of treatment, care and support assessment 22
Appeals to District Court 22
Regulations about dispute resolution 23

Part 6 — Miscellaneous

No contracting out 24
Notification and disclosure of information by hospital 24

30A. Notification and disclosure of information about injured worker 25

False or misleading information 26
Obstruction 27
Guidelines 27
Regulations 28
Regulations may adopt codes or legislation 28
Review of Act 29

Part 7 — Other Acts amended

Division 1 — Civil Liability Act 2002 amended

Act amended 30
Section 13A inserted 30

13A. Restrictions on damages if payments received under CISS 30

Division 2 — Insurance Commission of Western Australia Act 1986 amended

Act amended 32
Section 6 amended 32
Section 16 amended 33
Section 18 amended 33

Division 3 — Motor Vehicle (Third Party Insurance) Act 1943 amended

Act amended 34
Section 3 amended 34
Section 3EA inserted 34

3EA. Restrictions on damages if payments received under CISS 34

Sections 3FA and 3FB inserted 36

3FA. Restrictions on damages to be part of the substantive law 36

3FB. Damages for treatment, care and support needs: catastrophic injury 37

Section 3T amended 38
Section 4 amended 38
Section 6 amended 39
Section 6A inserted 39

6A. Insurance relating to catastrophic injury 39

Section 21 replaced 40
Term of policy of insurance extended in certain cases 40
Sections 27B and 27C inserted 41

27B. False or misleading information 41

27C. Obstruction 42

Section 30 replaced 42
Examination of injured person by health professional 42
Section 34 replaced 44
Transitional provision for Motor Vehicle (Catastrophic Injuries) Act 2016 44

Notes

Compilation table 46

Other notes 46

Defined terms

Western Australia

Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Act 2016

An Act to provide for a scheme for the lifetime care and support of certain people catastrophically injured in motor vehicle or workplace accidents, to make consequential amendments to other Acts, and for related purposes.

[Long title amended: No. 21 of 2023 s. 662.]

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1. Short title

This is the Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Act 2016.

[Section 1 amended: No. 21 of 2023 s. 663.]

2. Commencement

This Act comes into operation as follows —

(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3. Terms used

(1) In this Act, unless the contrary intention appears —

assessed treatment, care and support needs has the meaning given in section 18(2);

catastrophic injuries support scheme (CISS) means the scheme provided for in this Act for the lifetime care and support of certain people catastrophically injured in motor vehicle accidents or workplace accidents;

catastrophic injury means a motor vehicle injury or workplace injury that satisfies the prescribed criteria for eligibility for participation in the CISS;

Commission means the body continued as the Insurance Commission of Western Australia under the Insurance Commission of Western Australia Act 1986;

document includes a tape, a disk and any other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise;

excluded treatment, care and support needs means treatment, care, support or services of a kind prescribed for the purposes of this definition;

health profession has the meaning given in the Health Practitioner Regulation National Law (Western Australia) section 5;

health professional means —

(a) in relation to the examination of an injured person in Australia — a person registered under the Health Practitioner Regulation National Law (Western Australia) to practise a health profession (other than as a student); or

(b) in relation to the examination of an injured person in another country — a person licensed, registered or otherwise authorised under a law of that country to practise a health profession (other than as a student);

legal costs has the meaning given in the Legal Profession Uniform Law (WA) section 6(1);

legal services has the meaning given in the Legal Profession Uniform Law (WA) section 6(1);

motor vehicle has the meaning given in the Motor Vehicle (Third Party Insurance) Act 1943 section 3(1);

motor vehicle accident has the meaning given in section 4(1);

motor vehicle injury means a bodily injury to a person that results from a motor vehicle accident;

notify, in relation to a person, means to give notice in writing to the person;

participant in the CISS means a person who is a participant in the CISS (either as an interim participant or as a lifetime participant);

prescribed means prescribed by the regulations;

registered provider means a person registered under section 23(1);

treatment, care and support assessment means an assessment under section 15(1) of the treatment, care and support needs of a participant in the CISS in relation to the participant’s motor vehicle injury or workplace injury;

treatment, care and support needs has the meaning given in section 6;

worker has the meaning given in the Workers Compensation and Injury Management Act 2023 section 5;

workplace accident means an incident that results in a worker suffering a workplace injury;

workplace injury means an injury to a worker in respect of which compensation under the Workers Compensation and Injury Management Act 2023 is payable.

(2) A reference in this Act to an injured person or a participant in the CISS (the relevant person), in relation to the making of an application by, or the giving of a notice or other document to, the relevant person, includes a reference to another person with lawful authority to act on the relevant person’s behalf.

[Section 3 amended: No. 9 of 2022 s. 424; No. 21 of 2023 s. 664.]

4. Motor vehicle accident

(1) A motor vehicle accident is an incident caused by or arising out of the use of a motor vehicle.

(2) For the purposes of subsection (1), an incident is caused by or arises out of the use of a motor vehicle if, and only if, it results directly from —

(a) the driving of the motor vehicle; or

(b) the motor vehicle running out of control; or

(c) a collision, or action to avoid a collision, with the motor vehicle (whether the motor vehicle is stationary or moving).

(3) If a person renders assistance, or attempts to render assistance, at the scene of a motor vehicle accident and, as the result of doing so, suffers a bodily injury, the injury is to be taken to have resulted from the accident.

5. Motor vehicle injury to which Act applies

(1) In this section —

driver, in relation to a motor vehicle, has the meaning given in the Motor Vehicle (Third Party Insurance) Act 1943 section 3(1);

motor sports event —

(a) means an event that tests the speed or reliability of motor vehicles or the skill or endurance of their drivers or navigators and that —

(i) takes place on a race track established or adapted for the purpose of events of that kind; or

(ii) is an event to which an order made under the Road Traffic Act 1974 section 81C applies;

and

(b) includes a practice session for an event described in paragraph (a);

owner, in relation to a motor vehicle, has the meaning given in the Motor Vehicle (Third Party Insurance) Act 1943 section 3(1);

private land means land that is —

(a) alienated from the Crown for any estate of freehold; or

(b) the subject of a conditional purchase agreement, or of a lease or concession with or without a right of acquiring the fee simple in that land.

(2) This Act applies to a motor vehicle injury resulting from a motor vehicle accident that occurs in this State on or after the day on which this section comes into operation.

(3) Despite subsection (2), this Act does not apply to a motor vehicle injury if the owner or driver of a motor vehicle has, as a consequence of the driving of that motor vehicle or of that motor vehicle running out of control, incurred liability for negligence in respect of the injury.

(4) Despite subsection (2), this Act does not apply to a motor vehicle injury resulting from a motor vehicle accident that occurs on private land unless at least one motor vehicle involved in the motor vehicle accident is —

(a) a motor vehicle in respect of which a contract of insurance is in force under the Motor Vehicle (Third Party Insurance) Act 1943; or

(b) a motor vehicle —

(i) licensed or registered under the law of another State or a Territory; and

(ii) to which a policy of compulsory third‑party person injury insurance, or a compulsory motor vehicle accident compensation scheme, under the law of that State or Territory applies.

(5) Despite subsection (2), this Act does not apply to a motor vehicle injury resulting from a motor vehicle accident —

(a) that involves a motor vehicle taking part in a motor sports event; or

(b) that occurs as a result of a terrorist act (as defined in the Terrorism (Extraordinary Powers) Act 2005 section 5).

5A. Workplace injury to which Act applies

(1) This Act applies to a workplace injury resulting from a workplace accident that occurs on or after the day on which the Workers Compensation and Injury Management Act 2023 section 665 comes into operation.

(2) This Act does not apply to a workplace injury unless there is an established entitlement to compensation in respect of the injury.

(3) There is an established entitlement to compensation in respect of a workplace injury if, and only if —

(a) the injured person has made a claim under the Workers Compensation and Injury Management Act 2023 for compensation under that Act in respect of the injury; and

(b) liability to pay that compensation has been accepted (or is taken to have been accepted) by a licensed insurer or self‑insurer under that Act or has been determined by an arbitrator under that Act.

(4) A workplace injury that is also a motor vehicle injury to which this Act applies must be treated as a motor vehicle injury to which this Act applies and not as a workplace injury to which this Act applies.

Note for this section:

A person is not eligible to apply to become a participant in the CISS in respect of a workplace injury unless the person resides in Australia at the time of the application. The participation of a person in the CISS in respect of a workplace injury is suspended while the person is absent from Australia. See sections 9(1A) and 14(1A).

[Section 5A inserted: No. 21 of 2023 s. 665.]

6. Treatment, care and support needs

(1) The treatment, care and support needs of a person are the needs of the person for or in connection with any of the following —

(a) medical treatment (including pharmaceuticals);

(b) dental treatment;

(d) ambulance transportation;

(e) respite care;

(f) domestic assistance;

(g) attendant care services;

(h) aids and appliances;

(i) prostheses;

(j) education and vocational training;

(k) home and transport modification;

(l) any other kinds of treatment, care, support or services that are approved by the Commission (either generally, for specified classes of cases, or for a particular person).

(2) Despite subsection (1), but subject to subsection (1)(l), the treatment, care and support needs of a person do not include excluded treatment, care and support needs.

7. Act binds Crown

This Act binds the State and, so far as the legislative power of the State permits, the Crown in all its other capacities.

Part 2 — Participation in catastrophic injuries support scheme

8. Eligibility to participate

(1) A person is eligible to be a participant in the CISS if the person suffers a catastrophic injury that is —

(a) a motor vehicle injury to which this Act applies; or

(b) a workplace injury to which this Act applies.

(2) Participation in the CISS is as an interim participant or as a lifetime participant and, for that purpose, the regulations may establish criteria for eligibility for interim participation in the CISS and criteria for eligibility for lifetime participation in the CISS.

(3) A person is not eligible to be a participant in the CISS in respect of a motor vehicle injury or workplace 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.

[Section 8 amended: No. 21 of 2023 s. 666.]

9. Application to participate

(1) An injured person may apply to the Commission to become a participant in the CISS in respect of a motor vehicle injury or workplace injury.

(1A) A person is not eligible to apply to become a participant in the CISS in respect of a workplace injury unless the person resides in Australia at the time of the application.

Note for this subsection:

Participation in the CISS in respect of a workplace injury is suspended while the person is absent from Australia. See section 14(1A).

(2) The application must be —

(a) made in a manner and form determined by the Commission; and

(b) accompanied by any information required by the Commission.

[Section 9 amended: No. 21 of 2023 s. 667.]

10. Acceptance as participant

(1) A person becomes a participant in the CISS if the Commission is satisfied that the person is eligible to be a participant in the CISS and accepts the person in writing as a participant in the CISS as an interim participant or a lifetime participant, according to the person’s eligibility.

(2) If the Commission is satisfied that a person is eligible to be a participant in the CISS and that an application for the person to become a participant has been duly made, the Commission must accept the person as a participant in the CISS as an interim participant or a lifetime participant, according to the person’s eligibility.

11. Interim participation

(1) If the Commission accepts a person as an interim participant then, subject to subsection (2), the person remains a participant in the CISS for a period determined in accordance with the regulations.

(2) If the Commission decides that a person who is an interim participant is no longer eligible to be a participant in the CISS, the person ceases to be an interim participant when notified of the decision.

(3) The fact that a person ceases to be an interim participant does not prevent subsequent acceptance of the person as an interim participant or a lifetime participant.

12. Lifetime participation

(1) A person who is an interim participant must be accepted as a lifetime participant if the Commission becomes satisfied during the person’s interim participation in the CISS that the person is eligible for lifetime participation in the CISS.

(2) If the Commission accepts a person as a lifetime participant then, subject to subsection (3), the person remains a participant in the CISS for life.

(3) If the Commission decides that a person who is a lifetime participant is no longer eligible to be a participant in the CISS, the person ceases to be a lifetime participant when notified of the decision.

13. Former interim participant may apply to become participant

An injured person who has ceased to be an interim participant in respect of a motor vehicle injury or workplace injury may apply to the Commission, in accordance with the regulations, to become a participant in the CISS as an interim participant or as a lifetime participant in respect of the same injury.

[Section 13 amended: No. 21 of 2023 s. 668.]

14. Suspension of participation

(1) The Commission may, if the Commission considers it appropriate to do so, suspend the participation of a person in the CISS while the person is absent from Australia, if the person is a participant in respect of a motor vehicle injury.

(1A) The participation of a person in the CISS is suspended while the person is absent from Australia if the person is a participant in respect of a workplace injury.

(2) The regulations may confer power on the Commission to suspend the participation of a person in the CISS in prescribed circumstances, including circumstances involving failure to comply with a requirement under the regulations.

[Section 14 amended: No. 21 of 2023 s. 669.]

Part 3 — Assessment of treatment, care and support needs

15. Assessment of participant’s treatment, care and support needs

(1) The Commission must assess the treatment, care and support needs of each participant in the CISS.

(2) The assessment must relate to those treatment, care and support needs that —

(a) are necessary and reasonable in the circumstances; and

(b) relate to the motor vehicle injury or workplace injury in respect of which the person is a participant.

(3) The Commission must notify the participant of the assessment and the reasons for the findings on which it is based.

[Section 15 amended: No. 21 of 2023 s. 670.]

16. Regulations about assessment of treatment, care and support needs

(1) The regulations may make provision for or in relation to the assessment of the treatment, care and support needs of participants in the CISS.

(2) In particular, the regulations may make provision for or in relation to the following —

(a) procedures to be followed in connection with assessments;

(b) intervals at which assessments are to be carried out and the review of assessments from time to time as occasion requires;

(d) requirements to be complied with by participants in connection with assessments, including requirements to undergo medical examinations or other examinations by health professionals.

(3) An assessment of the treatment, care and support needs of a participant in the CISS must be carried out in accordance with the regulations.

17. Commission not liable for legal costs for assessment

The Commission is not liable for legal costs for or in respect of legal services provided to a participant in the CISS in relation to an assessment of the treatment, care and support needs of the participant.

Part 4 — Payments under catastrophic injuries support scheme

18. Payment of assessed treatment, care and support needs

(1) The Commission must pay for all necessary and reasonable expenses incurred by or on behalf of a person in relation to the person’s assessed treatment, care and support needs while the person is a participant in the CISS.

(2) The assessed treatment, care and support needs of a person who is a participant in the CISS are those treatment, care and support needs assessed by the Commission, in its treatment, care and support assessment for the person, to be treatment, care and support needs that —

(a) are necessary and reasonable in the circumstances; and

(b) relate to the motor vehicle injury or workplace injury in respect of which the person is a participant.

(3) The Commission is not liable for any expenses in respect of the following —

(a) excluded treatment, care and support needs;

(b) treatment, care and support needs that are not assessed treatment, care and support needs;

(4) Without limiting subsection (3), subsections (1) and (2) operate subject to the following —

(a) any criteria set out in the regulations that make provision for or with respect to determining which treatment, care and support needs of a participant in the CISS —

(i) are necessary and reasonable in the circumstances; and

(ii) relate to the motor vehicle injury or workplace injury in respect of which the person is a participant;

(b) any monetary or other limits on the provision of particular treatment, care and support needs to a participant in the CISS set out in the regulations;

(5) Instead of paying the expenses for which it is liable under this section as and when they are incurred, the Commission may pay those expenses by the payment to the participant of an amount to cover those expenses over a fixed period pursuant to an agreement between the Commission and the participant for the payment of those expenses by the participant.

[Section 18 amended: No. 21 of 2023 s. 671.]

19. Payment not required in certain circumstances

(1) In this section —

ordinary costs of raising a child include all costs associated with the child’s care, upbringing, education and advancement in life other than costs reasonably incurred because the child has suffered the motor vehicle injury or workplace injury in respect of which the child is a participant.

(2) The Commission is not required to make a payment in relation to any of the following —

(a) any treatment, care, support or service provided to a participant in the CISS on a gratuitous basis (that is, anything provided to a participant for which the participant has not paid and is not liable to pay);

(b) any treatment, care, support or service provided to a participant in the CISS while the participant is absent from Australia;

(c) in the case of a child, any treatment, care, support or service that would ordinarily fall within the ordinary costs of raising a child;

(d) any treatment, care, support or service that is required to be provided by a registered provider but is provided by a person who is not, at the time of provision, a registered provider;

(e) any treatment, care, support or service that is provided in contravention of the regulations.

(3) However, the Commission may elect to make a payment in relation to any treatment, care, support or service referred to in subsection (2) if the Commission considers that such a payment is justified in the circumstances.

(4) Subsection (2) applies even if the treatment, care, support or services concerned are provided in connection with the assessed treatment, care and support needs of a participant in the CISS.

(5) The Commission is not required to pay for any treatment, care, support or service provided to a person while the person’s participation in the CISS is suspended.

[Section 19 amended: No. 21 of 2023 s. 672.]

20. Maximum amounts payable for certain treatment and services

(1) In this section each of the following terms has the meaning given in the Private Hospitals and Health Services Act 1927 section 2(1) —

private hospital

public hospital

(2) This section applies to a fee payable for any of the following treatment or services provided to a participant in the CISS —

(a) medical treatment;

(b) dental treatment;

(d) attendant care services.

(3) This section also applies to a fee payable to a private hospital for any treatment provided to a participant in the CISS at the hospital.

(4) However, this section does not apply to a fee payable for treatment or services referred to in subsection (2) if —

(a) the treatment or services are provided to the participant at a public hospital (whether as an inpatient or outpatient); and

(b) the fee is payable to the public hospital and not to the provider of the treatment or services.

(5) The regulations may fix the maximum amount for which the Commission is liable in respect of any claim for a fee to which this section applies.

(6) Without limiting subsection (5), the regulations may fix a maximum amount by reference to fees recommended by a prescribed person or by reference to a schedule of fees published by a prescribed person.

(7) A payment made by the Commission in respect of treatment or services provided in connection with the treatment, care and support needs of a participant in the CISS must be made consistently with any regulations under this section.

[Section 20 amended: No. 1 of 2023 s. 92.]

21. Recovery of payments for injury involving interstate vehicle

(1) In this section —

appropriate person means —

(a) in relation to an interstate vehicle covered under a policy of compulsory third‑party personal injury insurance — the insurer in respect of that policy; or

(b) in relation to an interstate vehicle covered under a compulsory motor vehicle accident compensation scheme — the person liable under that scheme;

interstate vehicle, in relation to a motor vehicle injury, means a motor vehicle that at the time of the injury was covered under a policy of compulsory third‑party personal injury insurance or a compulsory motor vehicle accident compensation scheme under the law of another State or a Territory.

(2) If, after a person who has suffered a motor vehicle injury (the injured person) has been accepted as an interim participant, the Commission decides that this Act does not apply to the injury because the owner or driver of a motor vehicle has incurred liability for negligence in respect of the injury, the Commission may, if that motor vehicle is an interstate vehicle, recover from the appropriate person amounts already paid by the Commission under this Part in respect of the treatment, care and support needs of the injured person.

[22. Deleted: No. 21 of 2023 s. 673.]

23. Registered providers

(1) The Commission may register specified persons, or persons of a specified class, to provide the treatment, care, support or services under the CISS that are identified under the regulations as treatment, care, support or services to be provided by a registered provider.

(2) The Commission must keep a register of persons who are registered under subsection (1).

(3) The register may be kept in a manner and form determined by the Commission.

(4) The regulations may make provision for or in relation to —

(a) the standards of competency of registered providers; and

(b) matters relating to applications for registration under this section.

(5) A registration may be granted on conditions determined by the Commission.

(6) A registered provider must not, without reasonable excuse, contravene a condition of its registration.

Penalty for this subsection: a fine of $10 000.

(7) The Commission may, in accordance with the regulations —

(a) vary, add to or cancel any conditions of a registration; or

(b) revoke a registration.

Part 5 — Dispute resolution

24. Terms used

In this Part —

dispute resolution proceedings means proceedings relating to the review of an eligibility decision or a treatment, care and support assessment;

eligibility decision means —

(a) a decision made by the Commission for the purposes of Part 2 about —

(i) whether an incident that results in an injury is a motor vehicle accident; or

(ii) whether an injury is a motor vehicle injury or workplace injury to which this Act applies; or

(iii) whether an injury results from a motor vehicle accident or is attributable to some other condition, event, incident or factor; or

(iv) whether a motor vehicle injury or workplace injury is a catastrophic injury; or

(v) a prescribed matter;

(b) a decision made by the Commission under section 14(1) or regulations referred to in section 14(2) to suspend the participation of a person in the CISS.

[Section 24 amended: No. 21 of 2023 s. 674.]

25. Review of eligibility decision

If an injured person or a participant in the CISS disputes an eligibility decision, the person may apply to the Commission, in accordance with regulations, for a review of the eligibility decision.

26. Review of treatment, care and support assessment

If a participant in the CISS disputes a treatment, care and support assessment, the participant may apply to the Commission, in accordance with the regulations, for a review of the treatment, care and support assessment.

27. Appeals to District Court

(1) In this section —

review decision means a decision made on the review of an eligibility decision but does not include a decision referred to in subsection (2).

(2) A party to dispute resolution proceedings may appeal to the District Court against a decision made in those proceedings about —

(a) whether an incident that results in an injury is a motor vehicle accident; or

(b) whether an injury is a motor vehicle injury or workplace injury to which this Act applies.

(3) A party to dispute resolution proceedings may, with the leave of the District Court, appeal to the District Court against a review decision made in those proceedings.

(4) The District Court must not grant leave to appeal under subsection (3) unless a question of law is involved.

(5) An appeal under this section must be commenced within the prescribed period after the date of the decision appealed against.

(6) An appeal under this section must be conducted in accordance with the rules of court of the District Court.

[Section 27 amended: No. 21 of 2023 s. 675.]

28. Regulations about dispute resolution

The regulations may make provision for or in relation to the following —

(a) the making of applications under this Part and the way in which those applications are dealt with;

(b) the practice and procedure to be followed in dispute resolution proceedings;

(d) the establishment of expert review panels for the purposes of dispute resolution proceedings;

(e) the functions of the Commission, review officers and expert review panels in relation to dispute resolution proceedings;

(f) liability in respect of legal costs and other costs incurred by an injured person or a participant in the CISS in connection with applications made under this Part or dispute resolution proceedings;

(g) the review of decisions made in dispute resolution proceedings.

Part 6 — Miscellaneous

29. No contracting out

This Act applies despite anything to the contrary in a contract.

30. Notification and disclosure of information by hospital

(1) In this section —

hospital has the meaning given in the Health Services Act 2016 section 8;

relevant information, in relation to a patient, means the whole or any part of the patient’s medical record or any other information about the patient that is or is likely to be relevant to the treatment, care or support of the patient.

(2) If a person (the patient) is admitted to a hospital suffering an injury that is or is reasonably believed to be a catastrophic injury, the person in charge of the hospital or a person authorised by the person in charge of the hospital for the purposes of this subsection —

(a) may notify the Commission of the patient’s admission; and

(b) may disclose to the Commission relevant information about the patient.

(3) If a notification is given or a disclosure is made in good faith under subsection (2) —

(a) no civil or criminal liability is incurred in respect of the notification or disclosure; and

(b) the notification or disclosure is not to be regarded as —

(i) a breach of any duty of confidentiality or secrecy imposed by law; or

(ii) a breach of professional ethics, professional standards or any principles of conduct applicable to a person’s employment; or

(iii) unprofessional conduct.

[Section 30 amended: No. 1 of 2023 s. 93.]

30A. Notification and disclosure of information about injured worker

(1) In this section —

relevant information, about an injured worker, means information about the worker’s injury or about a claim for compensation or damages in respect of the worker’s injury that is relevant to —

(a) the worker’s eligibility to be a participant in the CISS; or

(b) the worker’s participation in the CISS.

(2) Words and expressions used in this section that have a defined meaning in the Workers Compensation and Injury Management Act 2023 have the same meaning in this section as they have in that Act.

(3) WorkCover WA, a licensed insurer or self‑insurer may disclose relevant information about an injured worker to the Commission if the worker’s injury is or appears likely to be a catastrophic injury.

(4) An insurer or self‑insurer who has received a claim for compensation made by an injured worker in respect of an injury that is or appears likely to be a catastrophic injury must —

(a) provide to the Commission details of the worker’s claim and copies of any medical report or certificate of capacity obtained by or provided to the insurer or self‑insurer in connection with the claim; and

(b) notify the Commission within 7 days after liability to pay compensation has been accepted (or is taken to have been accepted) by the licensed insurer or self‑insurer or has been determined by an arbitrator.

(5) A worker who has suffered an injury that is a catastrophic injury must notify the Commission within 7 days after —

(a) an election is made by the worker to retain the right to seek damages in respect of the injury for the purposes of the Workers Compensation and Injury Management Act 2023 section 421;

(b) any payment of damages in respect of the injury is received by the worker, or any claim for damages by the worker in respect of the injury is settled, if the damages include an amount for expenses in relation to future treatment, care and support needs.

[Section 30A inserted: No. 21 of 2023 s. 676.]

31. False or misleading information

(1) A person must not provide false or misleading information —

(a) in, or in connection with, an application made or a notice or other document given under this Act; or

(b) in compliance, or purported compliance, with a requirement under this Act; or

Penalty for this subsection: a fine of $10 000.

(2) For the purposes of subsection (1), a person provides false or misleading information if the person —

(a) makes a statement that the person knows is false or misleading in a material particular; or

(b) omits from a statement made by the person anything without which the statement is, to the person’s knowledge, misleading in a material particular; or

(i) the person knows is false or misleading in a material particular; or

(ii) omits anything without which the information, to the person’s knowledge, is misleading in a material particular.

[Section 31 inserted: No. 21 of 2023 s. 677.]

32. Obstruction

(1) In this section —

Commission officer means —

(a) a person appointed as an officer or employee of the Commission under the Insurance Commission of Western Australia Act 1986 section 12(1); or

(b) a person engaged by the Commission under section 12(4) of that Act.

(2) A person who obstructs or hinders a Commission officer or other person in the performance of a function under this Act commits an offence.

Penalty for this subsection: a fine of $10 000.

33. Guidelines

(1) The Commission may issue guidelines to provide guidance on matters relating to the operation of the CISS and to the administration of this Act.

(2) The Commission must publish guidelines issued under this section on a website maintained by or on behalf of the Commission.

(3) Guidelines issued under this section are not subsidiary legislation for the purposes of the Interpretation Act 1984.

(4) A person who has functions under this Act must have regard to guidelines issued under this section when performing those functions.

34. Regulations

(1) The Governor may make regulations prescribing matters —

(a) required or permitted to be prescribed by this Act; or

(b) necessary or convenient to be prescribed for giving effect to this Act.

(2) Without limiting subsection (1), the regulations may —

(a) make provision for or in relation to applications under this Act, including restrictions as to when applications can be made; and

(b) provide for requirements as to the provision of information to the Commission in connection with applications or assessments under this Act; and

(c) provide for requirements as to the provision of any consent or other authorisation necessary for the Commission to obtain information in connection with applications or assessments under this Act; and

(d) provide for offences against the regulations and prescribe penalties not exceeding a fine of $10 000 for those offences.

35. Regulations may adopt codes or legislation

(1) In this section —

code means a code, standard, rule, specification or other document, published in or outside Australia, that does not by itself have legislative effect in this State;

subsidiary legislation includes rules, regulations, instructions, local laws and by‑laws.

(2) Regulations may adopt, either wholly or in part or with modifications —

(a) any code; or

(b) any subsidiary legislation made, determined or issued under any other Act or under any Act of the Commonwealth, another State or a Territory.

(3) The adoption may be by —

(a) incorporating the code or subsidiary legislation in the regulations; or

(b) incorporating the code or subsidiary legislation by reference.

(4) If regulations adopt a code or subsidiary legislation by reference, then, unless the regulations specify that a particular text is adopted —

(a) the code or subsidiary legislation is adopted as existing or in force when the regulations are made; and

(b) any amendments made to the code or subsidiary legislation after the regulations are made have no legal effect as part of the regulations unless they are specifically adopted by later regulations or a later amendment to the regulations.

(5) If regulations adopt a code or subsidiary legislation by reference, the Commission must ensure that a copy of the code or subsidiary legislation, including any amendments made to it from time to time that have been adopted, is published on a website maintained by or on behalf of the Commission.

36. Review of Act

(1) The Minister must carry out a review of the operation and effectiveness of this Act as soon as is practicable after the 5th anniversary of the day on which this section comes into operation.

(2) The Minister must prepare a report based on the review and, as soon as is practicable after the report is prepared, cause it to be laid before each House of Parliament.

Part 7 — Other Acts amended

Division 1 — Civil Liability Act 2002 amended

37. Act amended

This Division amends the Civil Liability Act 2002.

38. Section 13A inserted

At the end of Part 2 Division 3 insert:

13A. Restrictions on damages if payments received under CISS

(1) In this section —

CISS means the scheme provided for in the MV(CI) Act for the lifetime care and support of certain people catastrophically injured in motor vehicle accidents;

interim participant means a person who under the MV(CI) Act is an interim participant in the CISS;

lifetime participant means a person who under the MV(CI) Act is a lifetime participant in the CISS;

MV(CI) Act means the Motor Vehicle (Catastrophic Injuries) Act 2016;

treatment, care and support needs means —

(a) treatment, care and support needs as defined in the MV(CI) Act section 3(1); and

(b) excluded treatment, care and support needs as defined in that section.

(2) If a term used in this section (other than a term defined in subsection (1)) is given a meaning in the MV(CI) Act section 3(1), it has the same meaning in this section.

(3) Without limiting the meaning given in subsection (1) to the term treatment, care and support needs it includes gratuitous services of a domestic nature or gratuitous services relating to nursing and attendance provided, or to be provided, to a person by a member of the same household or family as the person.

(4) Subsection (5) applies to the awarding of damages in respect of a motor vehicle injury suffered by a person if the person is a participant in the CISS in respect of the injury.

(5) No damages are to be awarded to the person in respect of —

(a) any treatment, care and support needs of the person that relate to the motor vehicle injury and that have arisen during the period in respect of which the person is a participant in the CISS; or

(b) any treatment, care and support needs of the person that relate to the motor vehicle injury and that will or may arise in future.

(6) If the person is an interim participant, it is to be assumed for the purposes of subsection (5) that the person will become a lifetime participant in respect of the bodily injury.

(7) Subsection (8) applies to the awarding of damages in respect of a motor vehicle injury suffered by a person if the person —

(a) has ceased to be an interim participant in respect of the injury; and

(b) has not become a lifetime participant in respect of the injury.

(8) No damages are to be awarded to the person in respect of any treatment, care and support needs of the person that relate to the motor vehicle injury and that arose during the period in respect of which the person was an interim participant.

(9) Subsections (5) and (8) apply —

(a) whether or not the treatment, care and support needs are assessed treatment, care and support needs; and

(b) whether or not the Commission is required to make a payment in respect of the treatment, care and support needs; and

(10) This section has effect despite section 12.

Division 2 — Insurance Commission of Western Australia Act 1986 amended

39. Act amended

This Division amends the Insurance Commission of Western Australia Act 1986.

40. Section 6 amended

After section 6(a) insert:

(aa) to manage and administer, and monitor the operation of, the catastrophic injuries support scheme as defined in the Motor Vehicle (Catastrophic Injuries) Act 2016 section 3(1); and

41. Section 16 amended

(1) Delete section 16(1)(b) and insert:

(b) a fund to be called the “Motor Vehicle (Catastrophic Injuries) Fund”; and

(2) After section 16(2) insert:

(3) The Motor Vehicle (Catastrophic Injuries) Fund shall consist of —

(a) moneys appropriated for, or derived from or in connection with, the Commission’s functions under section 6(aa) or its functions under section 6(e) in so far as they relate to personal injury; and

(b) other property received or acquired by the Commission in connection with the Commission’s functions referred to in paragraph (a); and

and, subject to section 18, may be applied for the purpose of carrying out the Commission’s functions referred to in paragraph (a) and for that purpose only.

42. Section 18 amended

In section 18(2) after “Third Party Insurance Fund,” insert:

the Motor Vehicle (Catastrophic Injuries) Fund,

Division 3 — Motor Vehicle (Third Party Insurance) Act 1943 amended

43. Act amended

This Division amends the Motor Vehicle (Third Party Insurance) Act 1943.

44. Section 3 amended

In section 3(1) insert in alphabetical order:

assessed treatment, care and support needs has the meaning given in the MV(CI) Act section 18(2);

catastrophic injury has the meaning given in the MV(CI) Act section 3(1);

CISS means the scheme provided for in the MV(CI) Act for the lifetime care and support of certain people catastrophically injured in motor vehicle accidents;

MV(CI) Act means the Motor Vehicle (Catastrophic Injuries) Act 2016;

45. Section 3EA inserted

After section 3E insert:

3EA. Restrictions on damages if payments received under CISS

(1) In this section —

interim participant means a person who under the MV(CI) Act is an interim participant in the CISS;

lifetime participant means a person who under the MV(CI) Act is a lifetime participant in the CISS;

treatment, care and support needs means —

(a) treatment, care and support needs as defined in the MV(CI) Act section 3(1); and

(b) excluded treatment, care and support needs as defined in that section.

(2) Without limiting the meaning given in subsection (1) to the term treatment, care and support needs it includes gratuitous services of a domestic nature or gratuitous services relating to nursing and attendance provided, or to be provided, to a person by a member of the same household or family as the person.

(3) Subsection (4) applies to the awarding of damages in respect of bodily injury to a person directly caused by, or by the driving of, a motor vehicle if the person —

(a) has ceased to be an interim participant in respect of the bodily injury; and

(b) has not become a lifetime participant in respect of the bodily injury.

(4) No damages are to be awarded to the person in respect of any treatment, care and support needs of the person that relate to the bodily injury and that arose during the period in respect of which the person was an interim participant.

(5) Subsection (4) applies —

(a) whether or not the treatment, care and support needs are assessed treatment, care and support needs; and

(b) whether or not the Commission is required to make a payment in respect of the treatment, care and support needs; and

(6) If subsection (4) applies a court is not to award damages to a person contrary to that subsection.

46. Sections 3FA and 3FB inserted

After section 3F insert:

3FA. Restrictions on damages to be part of the substantive law

(1) In this section —

restrictive provisions means sections 3A to 3F.

(2) To remove doubt it is declared that if the substantive law of Western Australia is to govern a claim for damages in respect of bodily injury to a person directly caused by, or by the driving of, a motor vehicle, the restrictive provisions are part of that substantive law and are to be applied accordingly by the court that determines the claim (including a court of another jurisdiction).

(3) This subsection applies if —

(a) a court (including a court of another jurisdiction) awards damages to a person in respect of bodily injury to a person directly caused by, or by the driving of, a motor vehicle; and

(b) the award does not conform with the restrictive provisions.

(4) If subsection (3) applies, the person against whom the award is made is not required to pay the damages awarded to the extent that the award is contrary to the restrictive provisions.

(5) If subsection (3) applies and the person against whom the award is made has paid as damages an amount in excess of the amount that would have been payable if the award had conformed with the restrictive provisions, that person is entitled to recover the excess as a debt from the person to whom the payment is made.

3FB. Damages for treatment, care and support needs: catastrophic injury

(1) In this section —

treatment, care and support needs has the meaning given in the MV(CI) Act section 6.

(2) Subsection (3) applies to the awarding of damages in respect of catastrophic injury to a person directly caused by, or by the driving of, a motor vehicle to the extent that the damages relate to any treatment, care and support needs of the person that have arisen or will or may arise in the future.

(3) In determining the amount of damages, no deduction is to be made for any contributory negligence of the person in relation to the catastrophic injury to which the damages relate.

(4) If subsection (3) applies a court awarding damages to a person is to award them in accordance with that subsection.

47. Section 3T amended

(1) In section 3T(1) delete the passage that begins with “by the Commission,” and continues to the end of the subsection and insert:

and the MV(CI) Act by the Commission, will be sufficient to meet claims, payments, costs and other expenses anticipated to arise or to be incurred under this Act and the MV(CI) Act.

(2) In section 3T(2) delete “the Fund.” and insert:

the Fund and the Motor Vehicle (Catastrophic Injuries) Fund established under the Insurance Commission of Western Australia Act 1986 section 16(1)(b).

48. Section 4 amended

Delete section 4(8) and insert:

(8) Despite anything to the contrary in the Vehicles Act, no licence is to be granted or renewed under that Act in respect of a motor vehicle unless, before or at the time of the grant or renewal, there is paid to and received by the Director General the appropriate insurance premium determined by the Commission for the class of vehicle concerned and for the period for which the licence is granted or renewed.

(8A) The grant or renewal of a licence under the Vehicles Act in respect of a motor vehicle is to be taken to constitute the issue of a policy of insurance complying with this Act —

(a) in respect of the motor vehicle; and

(b) in respect of the period for which the licence is granted or renewed.

(8B) A licence document under the Vehicles Act in respect of a motor vehicle must incorporate a statement in a form approved by the Commission explaining —

(a) the effect of a policy of insurance complying with this Act, including the effect that the policy has because of the operation of section 6A; and

(b) the obligations of persons as to the reporting of motor vehicle accidents causing bodily injury or death; and

49. Section 6 amended

In section 6(1)(c) delete “a form substantially similar to that” and insert:

the form

50. Section 6A inserted

After section 6 insert:

6A. Insurance relating to catastrophic injury

(1) In this section —

motor vehicle accident has the meaning given in the MV(CI) Act section 4(1).

(2) Subject to subsection (3), a policy of insurance complying with this Act is also taken to insure any person (the injured person) against the risk of suffering a catastrophic injury that —

(a) is a motor vehicle injury to which the MV(CI) Act applies; and

(b) results from a motor vehicle accident involving the vehicle mentioned in the policy.

(3) The insurance referred to in subsection (2) extends only to the making of payments under the CISS for, or in respect of, necessary and reasonable expenses incurred by or on behalf of the injured person in relation to the injured person’s assessed treatment, care and support needs.

51. Section 21 replaced

Delete section 21 and insert:

Term of policy of insurance extended in certain cases

(1) This section applies if a vehicle licence in respect of a motor vehicle is renewed after it has expired.

(2) If the vehicle licence is renewed within the period of 15 days after the day on which the vehicle licence expired, the operation of the policy related to the vehicle licence is, despite section 4(8A)(b), extended until the vehicle licence is renewed.

(3) In subsection (2) the reference to the policy related to the vehicle licence is a reference to the policy of insurance taken to have been issued under section 4(8A) in respect of the motor vehicle to which the licence applies.

(4) If the vehicle licence is not renewed until after the end of the period mentioned in subsection (2), the motor vehicle is an uninsured motor vehicle for the period beginning on the day after the day on which the vehicle licence expired and ending on the day on which the vehicle licence is renewed.

(5) Subsection (4) does not affect the amount of the insurance premium that must be paid before the vehicle licence can be renewed.

52. Sections 27B and 27C inserted

After section 27A insert:

27B. False or misleading information

(1) A person must not do anything set out in subsection (2) —

(a) in, or in connection with, a notice or other document given under this Act; or

(b) in compliance, or purported compliance, with a requirement under this Act; or

Penalty for this subsection: a fine of $10 000.

(2) The things to which subsection (1) applies are —

(a) making a statement that the person knows is false or misleading in a material particular; and

(b) omitting from a statement made anything without which the statement is, to the person’s knowledge, misleading in a material particular; and

(i) the person knows is false or misleading in a material particular; or

(ii) omits anything without which the information, to the person’s knowledge, is misleading in a material particular.

27C. Obstruction

(1) In this section —

Commission officer means —

(a) a person appointed as an officer or employee of the Commission under the Insurance Commission of Western Australia Act 1986 section 12(1); or

(b) a person engaged by the Commission under section 12(4) of that Act.

(2) A person who obstructs or hinders a Commission officer or other person in the performance of a function under this Act commits an offence.

Penalty for this subsection: a fine of $10 000.

53. Section 30 replaced

Delete section 30 and insert:

Examination of injured person by health professional

(1) In this section —

health profession has the meaning given in the Health Practitioner Regulation National Law (Western Australia) section 5;

health professional, means —

(2) Where, in accordance with section 29, the Commission has received notice of a claim for damages in relation to the bodily injury of a person (an injured person), the Commission may, subject to the regulations, require the injured person from time to time to be examined by a health professional nominated by the Commission.

(3) The Commission must pay for an examination under subsection (2).

(4) An injured person may be accompanied at an examination under subsection (2) by a medical adviser but not by a legal adviser.

(5) If an injured person, without reasonable excuse, refuses to undergo an examination under subsection (2), no action for damages is to be commenced or proceeded with unless the injured person has undergone the examination.

(6) The costs (if any) allowed by a court to the Commission as the successful defendant, in an action for damages brought against it, may, in the discretion of and upon the certificate of the court, include any expenses incurred by the Commission in the payment of professional fees to a health professional who has conducted an examination under subsection (2).

54. Section 34 replaced

Delete section 34 and insert:

Transitional provision for Motor Vehicle (Catastrophic Injuries) Act 2016

(1) In this section —

commencement day means the day on which the Motor Vehicle (Catastrophic Injuries) Act 2016 sections 48 and 51 come into operation;

issued means granted or renewed;

relevant day means the day on which the Motor Vehicle (Catastrophic Injuries) Act 2016 section 5 comes into operation;

repealed provision means section 4(8) as enacted before the commencement day.

(2) If a vehicle licence is issued on or after the commencement day for a period beginning before the relevant day, the repealed provision applies in relation to the issue of the vehicle licence and section 4(8) to (8B) do not apply.

(3) This subsection applies if —

(a) a vehicle licence that expired before the commencement day has not been renewed before the commencement day; or

(b) a vehicle licence expires on or after the commencement day but before the relevant day; or

(c) the period for which a vehicle licence was issued began before the relevant day and the vehicle licence expires on or after the relevant day.

(4) If subsection (3) applies —

(a) section 21(3) does not apply and, in section 21(2), the reference to the policy related to the vehicle licence is to be taken to be a reference to the policy of insurance incorporated in the vehicle licence as required by the repealed provision; and

(b) in section 21(2) the reference to section 4(8A)(b) is to be taken to be a reference to paragraph (b) of the repealed provision.

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Notes

This is a compilation of the Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Act 2016 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Short title	Number and year	Assent	Commencement
Motor Vehicle (Catastrophic Injuries) Act 2016 1	8 of 2016	14 Apr 2016	s. 1 and 2: 14 Apr 2016 (see s. 2(a)); Act other than s. 1, 2 and 5: 14 May 2016 (see s. 2(b) and Gazette 13 May 2016 p. 1421); s. 5: 1 Jul 2016 (see s. 2(b) and Gazette 13 May 2016 p. 1421)
Legal Profession Uniform Law Application Act 2022 s. 424	9 of 2022	14 Apr 2022	1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2)
Health Services Amendment Act 2023 Pt. 4	1 of 2023	22 Feb 2023	1 Jul 2023 (see s. 2(b) and SL 2023/103 cl. 2)
Workers Compensation and Injury Management Act 2023 Pt. 15 Div. 3 Subdiv. 11	21 of 2023	24 Oct 2023	1 Jul 2024 (see s. 2(d) and SL 2024/34 cl. 2)

Other notes

1 Now known as the Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Act 2016; short title changed (see note under s. 1).

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

appropriate person 21(1)

assessed treatment, care and support needs 3(1)

catastrophic injuries support scheme 3(1)

catastrophic injury 3(1)

CISS 3(1)

code 35(1)

Commission 3(1)

Commission officer 32(1)

dispute resolution proceedings 24

document 3(1)

driver 5(1)

eligibility decision 24

excluded treatment, care and support needs 3(1)

health profession 3(1)

health professional 3(1)

hospital 29(1)

injured person 21(2)

interstate vehicle 21(1)

legal costs 3(1)

legal services 3(1)

motor sports event 5(1)

motor vehicle 3(1)

motor vehicle accident 3(1)

motor vehicle injury 3(1)

notify 3(1)

ordinary costs of raising a child 19(1)

owner 5(1)

participant in the CISS 3(1)

patient 30(2)

prescribed 3(1)

private hospital 20(1)

private land 5(1)

public hospital 20(1)

registered provider 3(1)

relevant information 30(1), 30A(1)

relevant person 3(2)

review decision 27(1)

subsidiary legislation 35(1)

treatment, care and support assessment 3(1)

treatment, care and support needs 3(1)

worker 3(1)

workplace accident 3(1)

workplace injury 3(1)

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Act 2016

Western Australia

Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Act 2016

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2
Motor vehicle accident 4
Motor vehicle injury to which Act applies 5

5A. Workplace injury to which Act applies 6

Treatment, care and support needs 7
Act binds Crown 8

Part 2 — Participation in catastrophic injuries support scheme

Eligibility to participate 9
Application to participate 9
Acceptance as participant 10
Interim participation 10
Lifetime participation 11
Former interim participant may apply to become participant 11
Suspension of participation 11

Part 3 — Assessment of treatment, care and support needs

Assessment of participant’s treatment, care and support needs 13
Regulations about assessment of treatment, care and support needs 13
Commission not liable for legal costs for assessment 14

Part 4 — Payments under catastrophic injuries support scheme

Payment of assessed treatment, care and support needs 15
Payment not required in certain circumstances 16
Maximum amounts payable for certain treatment and services 17
Recovery of payments for injury involving interstate vehicle 18
Registered providers 19

Part 5 — Dispute resolution

Terms used 21
Review of eligibility decision 21
Review of treatment, care and support assessment 22

Catastrophic injury and CISS: The statutory core concept is a catastrophic injury, defined by reference to prescribed criteria that qualify a motor vehicle injury or a workplace injury for participation in the CISS (s 3(1); s 8(1)). The Act does not list the criteria in the principal text; it delegates prescription of eligibility criteria to the regulations (s 3(1) definition cross-referenced to prescribed criteria; s 8(2) allows regulations to establish interim and lifetime eligibility criteria). The Commission’s function is to determine eligibility and to accept persons as interim or lifetime participants (ss 9-12).

Assessed treatment, care and support needs: The Act separates defined categories of need from what the Commission actually assesses and pays for. “Treatment, care and support needs” is a roster of service categories (s 6(1)), including a final, discretionary catch‑all , services approved by the Commission (s 6(1)(l)). The Commission must carry out an assessment of a participant’s treatment, care and support needs and identify which are “assessed treatment, care and support needs” , that is, those needs the Commission has assessed to be necessary and reasonable and to relate to the injury (s 15(1)-(2); s 18(2)). Only assessed needs (subject to exclusions and regulatory limits) attract Commission payments (s 18(1), (3)-(4)).

Two classes of participation: Interim participation is an initial, temporally limited administrative status (s 11); if criteria for lifetime participation are met while the person is an interim participant the Commission must accept the person as a lifetime participant (s 12). The legal consequences differ: the Civil Liability Act and Motor Vehicle Act amendments treat interim participation specially for damages,if a person ceases to be an interim participant without becoming a lifetime participant, certain damages for needs that arose during the interim participation are restricted (Civil Liability Act s 13A(7)-(8); Motor Vehicle Act s 3EA(3)-(5)).

Payment mechanics and limits: The Commission “must pay” for necessary and reasonable expenses for assessed needs while the person is a participant (s 18(1)). However, the Act contains express non‑liability categories (gratuitous services, services provided while absent from Australia, ordinary costs of raising a child for children participants, services provided by unregistered providers where registration is required, services provided in contravention of regulations) (s 19(2)). The regulations may set monetary caps, schedules and criteria for what is necessary and reasonable (s 18(4); s 20(5)-(6)).

Integration with the compulsory third‑party insurance system and funding: The Motor Vehicle (Third Party Insurance) Act is amended to treat vehicle licensing as constituting issue of a policy and to make such policy taken to insure catastrophic injuries in the narrow sense of funding Commission payments for assessed needs (new s 6A). The Commission’s Motor Vehicle (Catastrophic Injuries) Fund is to be funded by moneys appropriated for or derived from the Commission’s functions under s 6(aa) and related personal injury functions (Insurance Commission Act s 16(3)). The consolidated policy/pricing and fund-sufficiency provisions in the Motor Vehicle Act (s 3T amendment) place the financial consequences within the Commission’s actuarial and premium decisions.

Restrictions on civil damages: The Act and its amending provisions curtail the availability of damages for treatment, care and support needs when the person is a CISS participant. The Civil Liability Act s 13A (inserted) and the Motor Vehicle (Third Party Insurance) Act s 3EA make clear that where CISS participation applies, the court must not award damages for treatment, care and support needs that have arisen or will arise (Civil Liability Act s 13A(5); Motor Vehicle Act s 3FB). The Motor Vehicle Act also declares the restrictive provisions part of substantive law and provides remedial mechanics if an award from another jurisdiction does not conform (s 3FA). For catastrophic injuries specifically, the Motor Vehicle Act makes an explicit rule that contributory negligence is not to be deducted when awarding damages relating to catastrophic injuries (s 3FB(3)).

Information flows, registration and enforcement: Hospitals may notify and disclose relevant medical information to the Commission and are protected from civil or professional liability for good‑faith disclosures (s 30(2)-(3)). WorkCover WA, licensed insurers and self‑insurers must disclose relevant information about injured workers to the Commission for suspected catastrophic injuries and must provide claim details and medical reports; they must notify the Commission when liability for workers’ compensation is accepted (s 30A(3)-(4)). The Commission may register providers and condition or revoke registration; unregistered providers may cause non‑payment (s 23; s 19(2)(d)). Offences for false or misleading information and obstruction carry penalties (s 31; s 32).

Dispute resolution and review: The Act establishes an internal review path at the Commission for eligibility decisions and treatment, care and support assessments (ss 25-26), with appeals to the District Court on questions such as whether an incident is a motor vehicle accident or whether an injury falls within the Act (s 27(2)-(4)). Regulations may establish review officers and expert review panels and set rules for legal costs in proceedings (s 28).

Delegation to regulations and guidelines: The Act delegates substantial detail to regulation: criteria and procedures for eligibility, assessment methods and criteria for determining necessary and reasonable needs, monetary caps and fee schedules, registration standards, dispute‑resolution procedure, and offences and penalties (ss 8(2); 16; 18(4); 20; 23(4); 28; 34). The Commission may also issue guidelines that are not subsidiary legislation but must be published and considered by persons with functions under the Act (s 33).

Direct beneficiaries: The principal beneficiaries are people who suffer a catastrophic injury in a motor vehicle accident that the Act applies to, and certain workers who suffer qualifying workplace injuries after the Workers Compensation and Injury Management Act 2023 commencement threshold (s 3(1); s 5; s 5A(1)-(3)). Those persons can seek enrolment in the CISS as an interim participant and, if qualifying, as a lifetime participant (ss 8-12). Participants receive Commission-funded provision of assessed treatment, care and support needs during participation (s 18(1)-(2)).

Insurance Commission and fund management: The Insurance Commission of Western Australia is the scheme administrator and fund manager and acquires new functions to operate the CISS and to hold and apply the Motor Vehicle (Catastrophic Injuries) Fund (Insurance Commission Act s 6(aa); s 16(1)(b); s 16(3)). The Commission’s actuarial assessments, premium setting, and administrative resources will be directly affected because the Commission is required to provide for payments under the scheme and to ensure fund sufficiency (amendment to Motor Vehicle (Third Party Insurance) Act s 3T).

Drivers, vehicle owners and compulsory third‑party insurance payers: The Motor Vehicle (Third Party Insurance) Act amendments integrate CISS coverage with vehicle licensing and the compulsory insurance system (new ss 4(8) to (8B) as amended, new s 6A, s 21 amendments). Vehicle licence grant/renewal is conditioned on payment of the appropriate insurance premium determined by the Commission (Motor Vehicle Act s 4(8), as amended). These mechanics will affect vehicle owners and payers of third‑party premiums because the Commission may incorporate CISS expected costs into premiums and ensure they are received before licence issue or renewal (Motor Vehicle Act s 4(8)-(8B); s 21).

Third‑party defendants and tort claimants: The Act alters the litigation landscape for personal injury plaintiffs and defendants. If a person is accepted as a CISS participant in respect of a motor vehicle injury, damages for treatment, care and support needs (past or future) are not to be awarded (Civil Liability Act s 13A(5); Motor Vehicle Act s 3EA(4); 3FB). For plaintiffs, that removes a head of damages; for defendants and insurers (including the Commission under certain structures) it reduces potential liability exposure for those elements. Courts are required to give effect to those restrictive provisions as part of substantive law (Motor Vehicle Act s 3FA), and the Motor Vehicle Act provides for recovery of any overpaid damages inconsistent with the restrictions (s 3FA(4)-(5)).

Health providers and registered providers: Providers of services falling within treatment, care and support needs must engage with registration requirements where the regulations and the Commission require registration for provision of particular services under the CISS (s 23(1); s 23(4)). The Commission may set competency standards, conditions of registration and may revoke or vary registration (s 23(4)-(7)). Payments for services provided by persons who are not registered providers may not be required (s 19(2)(d)). Providers must comply with registration conditions or face a fine (s 23(6)).

Hospitals and insurers: Hospitals may notify and disclose patient information to the Commission about suspected catastrophic injuries and are protected from civil or professional liability for good‑faith disclosures (s 30(2)-(3)). WorkCover WA, licensed insurers and self‑insurers must disclose relevant information about injured workers and provide claim files and medical reports, and notify the Commission within seven days after liability to pay compensation is accepted (s 30A(3)-(4)). Those obligations create administrative and compliance duties for hospitals and insurers.

Legal practitioners and courts: The Commission is not liable for legal costs for legal services provided to participants in relation to assessments (s 17). The Motor Vehicle Act (amended) permits the Commission to require injured persons to submit to examinations by Commission‑nominated health professionals, with associated rules about accompaniment and consequences for refusal (Motor Vehicle Act s 30 replacement). Dispute resolution is first internal to the Commission with statutory review procedures and limited appeal rights to the District Court (ss 25-27); courts must apply the restrictive provisions when awarding damages (Motor Vehicle Act s 3FA). Practitioners representing clients must navigate these statutory limitations on damages and the Commission’s administrative processes.

Employers and workers and cross‑jurisdictional claimants: For workplace injuries, the Act applies only where there is an established entitlement to compensation under the Workers Compensation and Injury Management Act 2023 (s 5A(2)-(3)). If an injury is both a workplace injury and a motor vehicle injury, it is treated as a motor vehicle injury for the purposes of this Act (s 5A(4)). The Act also contains residence and presence rules that affect workplace‑injury participants: a person must reside in Australia at the time of application and participation is suspended while absent from Australia (s 9(1A); s 14(1A)). Cross‑jurisdictional plaintiffs and defendants are addressed by making the restrictive provisions part of substantive law, and providing mechanisms to remedy awards that do not conform (Motor Vehicle Act s 3FA).

Regulators and parliament: The Governor and Minister retain regulatory and review roles. The Governor makes regulations to specify the many details the Act delegates (s 34). The Minister must carry out a statutory review of the Act’s operation as soon as practicable after the fifth anniversary of the relevant section’s commencement and lay a report before Parliament (s 36).

Who pays and who decides: Practically, payment obligations fall on the Commission via the Motor Vehicle (Catastrophic Injuries) Fund (s 18(1); Insurance Commission Act s 16(3)). The Commission, via its internal assessments and regulations, decides eligibility, the scope of assessed needs, registration standards, suspension and conversion of interim participants to lifetime participants, and the extent to which payments will be made (ss 9-12; ss 15-16; s 23; s 14). Funding sources include moneys appropriated and amounts derived from Commission functions; the Motor Vehicle Act amendments tie the compulsory insurance/premium mechanics and licence processes into the funding structure (Insurance Commission Act s 16(3); Motor Vehicle Act s 4(8)-(8B); s 6A).

Duties of the Commission and statutory duties on participants and third parties

Commission must assess treatment, care and support needs for each participant, notify participant and give reasons for findings, and pay for necessary and reasonable expenses incurred by or on behalf of the participant in relation to assessed needs while the person is a participant (ss 15(1)-(3); 18(1)-(2)). The assessment must relate to needs that are necessary and reasonable and that relate to the injury (ss 15(2); 18(2)(a)-(b)).
The Commission must accept a person as a participant if satisfied the person is eligible and an application has been duly made; it must accept an interim participant as a lifetime participant if it becomes satisfied during interim participation that the person is eligible for lifetime participation (ss 10(1)-(2); 12(1)).
The Commission may suspend a person’s participation under the Act, including while the person is absent from Australia in relation to motor vehicle injuries (s 14(1)). For workplace injuries participation is automatically suspended while the person is absent from Australia (s 14(1A)). The regulations may further specify other grounds for suspension (s 14(2)).
The Commission must keep a register of registered providers and may impose and vary conditions on registration; a registered provider must not, without reasonable excuse, contravene a condition of its registration (s 23(1)-(7)). The register may be kept in a form determined by the Commission (s 23(3)).
The Commission is not liable for legal costs for legal services provided to a participant in relation to an assessment of treatment, care and support needs (s 17). This limits participants’ ability to recover legal fees from the Commission in assessment disputes.

Participant rights and obligations

Eligible injured persons have the right to apply to the Commission (s 9(1)); the Commission must accept eligible persons (s 10). Participants have the right to have an assessment carried out (s 15(1)) and to be notified of the assessment and reasons (s 15(3)).
Participants may seek review of eligibility decisions or treatment, care and support assessments in accordance with regulations and the Commission’s dispute-resolution processes; they may also have limited appeal rights to the District Court on certain questions (ss 25-27).
Participants must comply with requirements set by the regulations in connection with assessments, which may include undergoing medical or other examinations by health professionals (s 16(2)(d); Motor Vehicle Act s 30 replacement). Refusal to undergo an examination under the Motor Vehicle Act may prevent the injured person from commencing or proceeding with an action for damages (Motor Vehicle Act s 30(5)).

Third-party duties: hospitals, insurers and employers

Hospitals may notify the Commission and disclose relevant patient information where a patient is admitted suffering an injury that is or is reasonably believed to be catastrophic; hospital staff making disclosures in good faith are immune from civil or criminal liability and from disciplinary characterisation as professional misconduct (s 30(2)-(3)).
WorkCover WA, licensed insurers and self‑insurers may disclose relevant information about an injured worker to the Commission when the worker’s injury is or appears likely to be catastrophic, and must provide claim details and medical reports and notify the Commission within seven days after liability to pay compensation is accepted (s 30A(3)-(4)).
Insurers and other parties must not provide false or misleading information in applications, notices, compliance with requirements, or other purposes under the Act; contraventions attract a monetary penalty (s 31). Persons must not obstruct Commission officers in performance of functions (s 32).

Regulatory powers and discretion

Regulations can set the criteria and procedures for eligibility, intervals for assessment, methods and criteria to be used in assessments, participant obligations in assessments (including medical examinations), monetary limits, and fee schedules (ss 8(2); 16(2); 18(4); 20(5)-(6); 34).
The Commission has discretion to register, condition, vary, revoke or cancel registration of providers and to set standards of competency for registered providers (s 23(1), (4), (6)-(7)).

Rights and limits in common law recovery

Where a person is a participant in the CISS, the Civil Liability Act now excludes damages for treatment, care and support needs that relate to the motor vehicle injury and that have arisen during participation or that will or may arise in future (Civil Liability Act s 13A(5)). The Motor Vehicle (Third Party Insurance) Act contains parallel rules (s 3EA; s 3FB), and the Motor Vehicle Act makes the restrictive provisions part of the operative substantive law applied by courts (s 3FA), including mechanics for recovery of excess sums paid where foreign awards do not conform (s 3FA(4)-(5)).
For interim participants the Civil Liability Act presumes the person will become a lifetime participant for purposes of the damages restriction (Civil Liability Act s 13A(6)), and special rules apply where a person ceases to be an interim participant without becoming a lifetime participant (Civil Liability Act s 13A(7)-(8); Motor Vehicle Act s 3EA(3)-(5)).

Payment modalities and limits

The Commission may pay expenses as they are incurred or may pay an amount to a participant to cover expenses over a fixed period under an agreement (s 18(5)). Payments are subject to exclusions listed in s 19 and to any criteria or monetary limits set in the regulations (s 18(3)-(4); s 19).
The regulations can fix maximum amounts for which the Commission is liable in respect of fees for specified treatments and services, including by reference to fee schedules published by a prescribed person (s 20(5)-(6)).

Administrative review and court appeal rights

Participants and injured persons may apply to the Commission for review of eligibility decisions and treatment, care and support assessments in accordance with regulations (ss 25-26). Parties to dispute resolution proceedings may appeal to the District Court on specified matters or, with leave, on review decisions where a question of law exists (s 27(2)-(4)).

Express criminal and civil-type penalties

False or misleading information: The Act makes it an offence to provide false or misleading information in or in connection with an application, notice, compliance with a requirement, or for any other purpose under the Act; penalty is a fine of $10,000 (s 31(1)). The section defines provision of false or misleading information broadly to include statements known to be false, omissions that render statements misleading, and giving information known to be false or misleading in a material particular (s 31(2)).
Obstruction: It is an offence to obstruct or hinder a Commission officer or other person performing functions under the Act; penalty is a fine of $10,000 (s 32(2)). “Commission officer” is defined (s 32(1)). Mirror offences and penalties are inserted into the Motor Vehicle (Third Party Insurance) Act (new ss 27B and 27C).
Breach of registration conditions by registered providers: A registered provider must not, without reasonable excuse, contravene a condition of registration; penalty is a fine of $10,000 (s 23(6)).

Regulatory offences and potential penalties

Regulations may prescribe offences and penalties not exceeding a fine of $10,000 (s 34(2)(d)). The Act therefore contemplates subsidiary offences covering procedural or regulatory defaults, enforceable with monetary penalties.

Administrative enforcement powers and remedies

The Commission may vary, add to, cancel or revoke registration conditions for providers in accordance with the regulations (s 23(7)). Non‑registration of a provider where registration is required can lead to non‑payment by the Commission for services provided by that person (s 19(2)(d)).
The Commission may recover amounts it has paid if it subsequently decides the Act does not apply due to the owner or driver incurring negligence liability and the motor vehicle was an interstate vehicle covered under another jurisdiction’s compulsory insurance; recovery is from the appropriate insurer or scheme in the other jurisdiction (s 21).

Court enforcement and damages mechanics

The Motor Vehicle (Third Party Insurance) Act amendments make the restrictive provisions part of the substantive law applicable to claims for damages arising from motor vehicle incidents (s 3FA). If a court awards damages that do not conform to the restrictive provisions, the person against whom the award is made is not required to pay the non‑conforming portion and is entitled to recover any excess paid as a debt (s 3FA(3)-(5)). This provides a private-law remedial form of enforcement of the restrictions on damages.

Operational enforcement: information and medical examination powers

The Commission may require injured persons to undergo examinations by Commission‑nominated health professionals under the Motor Vehicle (Third Party Insurance) Act (replacement of s 30 in that Act). The Commission must pay for the examination, the injured person may be accompanied by a medical adviser but not a legal adviser, and refusal to attend without reasonable excuse bars commencement or continuation of an action for damages (Motor Vehicle Act s 30(2)-(5)).

Transparency and administrative review

The Commission must notify participants of assessments and provide reasons for findings (s 15(3)). Participants may apply for internal review of eligibility and assessment decisions, and parties have appeal routes to the District Court on limited grounds (ss 25-27). Regulations may specify procedures for dispute resolution and liability for legal costs in dispute proceedings (s 28).

Immunity for good‑faith disclosures

Hospitals and hospital staff disclosing relevant information to the Commission in good faith are protected from civil or criminal liability and from being characterised as in breach of professional standards (s 30(3)). This immunity is an enforcement facilitator by reducing legal risk for clinical disclosure of information to the scheme administrator.

Cross-references and amendments: the Act operates through explicit amendments to several statutes, and it cross‑references other legislation to define terms and trigger application.

Civil Liability Act 2002: The Act inserts s 13A into the Civil Liability Act to restrict damages where a person is a participant in the CISS (Division 1, s 38). The new provision prevents awards of damages for treatment, care and support needs that relate to the motor vehicle injury during participation or in future, except in circumstances set out (s 13A(5)-(9)). The Motor Vehicle/CISS relationship is therefore directly incorporated into the State’s negligence/damages law.
Motor Vehicle (Third Party Insurance) Act 1943: Extensive amendments integrate CISS mechanics with the compulsory third‑party (CTP) insurance and vehicle licensing system. The definition section is expanded (s 3 amended) and new sections inserted that restrict damages where CISS participation applies (s 3EA), declare the restrictive provisions part of substantive law to be applied by courts (s 3FA), and provide specific rules for catastrophic-injury damages including treatment of contributory negligence (s 3FB). The Act also amends the licensing/policy linkage (s 4(8)-(8B)), inserts s 6A to treat policies as insuring the risk of catastrophic injury by reference to the Commission’s payments, replaces s 21 to clarify policy terms when licence expired and renewed, inserts offences, and replaces s 30 to allow Commission‑required medical examinations (Division 3).
Insurance Commission of Western Australia Act 1986: The Commission’s functions are expanded to include managing and administering the CISS (s 6(aa) inserted) and a dedicated fund is created (s 16(1)(b) amended, s 16(3) inserted) to hold moneys appropriated or otherwise derived in connection with the Commission’s CISS functions (Division 2).
Workers Compensation and Injury Management Act 2023: The Act’s coverage of workplace injuries is expressly linked to the Workers Compensation and Injury Management Act 2023. The CISS applies to workplace injuries only where there is an “established entitlement to compensation” under that Act , namely a claim has been made and liability accepted by a licensed insurer or self‑insurer or determined by an arbitrator (s 5A(2)-(3)). A workplace injury that is also a motor vehicle injury is to be treated as a motor vehicle injury for the purposes of the CISS (s 5A(4)). There are residency and suspension rules for workplace participants (s 9(1A); s 14(1A)). The compilation table shows the Workers Compensation Act amendments took effect 1 July 2024.
Health Practitioner Regulation National Law (WA) and Health Services Act 2016: The Act references the Health Practitioner Regulation National Law (WA) to define “health profession” and “health professional” for examinations and related matters (s 3(1)). The hospital definition is taken from the Health Services Act 2016 for purposes of notification and disclosure (s 30(1)).

Procedural and substantive interaction

Damages and scheme substitution: The effect of the Civil Liability Act and Motor Vehicle Act amendments is to remove a head of recoverable damages where the CISS supplies or will supply treatment, care and support needs. The result is substitution in social insurance/administrative provision of some care needs for civil damages as a redress mechanism. Courts are required to apply those restrictions as part of substantive law (Motor Vehicle Act s 3FA), which affects cross‑jurisdictional litigation and the enforceability of non‑conforming awards (s 3FA(3)-(5)).
Information and claims handling: The Act requires insurers and self‑insurers under the workers compensation regime to provide claim information and medical reports to the Commission for suspected catastrophic injuries and to notify within seven days when liability for compensation is accepted (s 30A(4)). This creates a statutory reporting nexus between the workers compensation scheme and the CISS.
Medical examination and litigation process: The Motor Vehicle (Third Party Insurance) Act replacement s 30 gives the Commission the power to require medical examinations (subject to regulations), with procedural effects on litigation because refusal to attend may bar the action (Motor Vehicle Act s 30(2)-(5)). Courts may consider Commission‑ordered examination findings in damages proceedings and the Commission can use them to inform assessments (ss 15-16; Motor Vehicle Act s 30).
Regulation adoption and publication: The regulations may adopt external codes or subsidiary legislation by reference (s 35). Where regulations adopt codes by reference, the Commission must ensure publication of the adopted text on its website (s 35(5)). This allows the Act’s operational detail and standards to be tied to existing external standards and instruments.

Transitional and commencement interactions

The Act’s commencement and transitional arrangements are specified in the compilation table and in replacement s 34 of the Motor Vehicle (Third Party Insurance) Act, which addresses transitional insurance/policy issues around licensing and the point at which s 5 and other provisions began to operate (Motor Vehicle Act s 34 replacement).

Original enactment and title

The Act was originally enacted as the Motor Vehicle (Catastrophic Injuries) Act 2016 (No. 8 of 2016). Sections 1 and 2 (short title and commencement) received Royal Assent 14 April 2016; most of the Act commenced 14 May 2016 and s 5 (application to motor vehicle injuries) commenced 1 July 2016 (compilation table).

Key amendments recorded in the compilation table and within the text

Legal Profession Uniform Law Application Act 2022 (No. 9 of 2022): amendments effective 1 July 2022 (compilation table indicates s 3 amended by No. 9 of 2022 s 424).
Health Services Amendment Act 2023 (No. 1 of 2023): amendments effective 1 July 2023 (compilation table entry and notes embedded in sections such as s 30 amendment referencing Health Services Act definitions).
Workers Compensation and Injury Management Act 2023 (No. 21 of 2023): this Act amends the CISS statute to add workplace injury coverage and several consequential provisions; many amendments are sourced to No. 21 of 2023 with specific section references in the text (e.g. s 5A inserted No. 21 of 2023 s 665; ss 8, 9, 11-16 and others annotated as amended by No. 21 of 2023 with section numbers). The compilation table indicates the relevant parts came into operation 1 July 2024.
Amendments in 2023 also inserted penalties and offences (s 31 inserted No. 21 of 2023 s 677; s 30A inserted No. 21 of 2023 s 676), and made multiple changes across Parts 2-6 (see the marginal notes within the text indicating sections amended by No. 21 of 2023 with specific s‑numbers).

Amendments to other Acts effected by this Act

Civil Liability Act 2002: insertion of s 13A, “Restrictions on damages if payments received under CISS” (Division 1, s 38). This was required by the 2016 Act and has been the template for damage-limiting rules.
Insurance Commission of Western Australia Act 1986: insertion of Commission functions to manage and administer the CISS (s 6(aa)) and establishment of the Motor Vehicle (Catastrophic Injuries) Fund including composition and permitted application of its moneys (s 16(1)(b) and new s 16(3)) (Division 2, ss 40-42).
Motor Vehicle (Third Party Insurance) Act 1943: wide-ranging amendments in Division 3 (ss 43-54) including new definitions, restrictions on damages (ss 3EA, 3FA, 3FB), insurance relating to catastrophic injury (s 6A), policy term and licence/premium mechanics (s 21 amendments), reporting and obstruction offences (new ss 27B-27C), replacement of s 30 (examinations), and transitional provisions (replacement s 34).

Transitional provisions and timing

The Motor Vehicle Act replacement s 34 contains transitional provisions dealing with licences issued or renewed around commencement day and relevant day; it clarifies how earlier enacted s 4(8) operated for licences issued in particular periods. The compilation table sets key commencement dates for original Act provisions (April-July 2016) and later amendments (2022, 2023, and 2024 for Workers Compensation linkages).

Where to look for the authoritative amendment record

The Act’s marginal notes record specific amending instruments and section numbers (for example, many sections are annotated “Section X amended: No. 21 of 2023 s. Y”), and the compilation table at the end summarises key enacted instruments and commencement dates. For regulatory detail, the regulations made under s 34 will show the operational rules and monetary limits, and the Commission’s guidelines published under s 33 will disclose administrative interpretations.

No cases are named in the text of the Act itself. The statute inserts new restrictions into the Civil Liability Act 2002 (s 13A) and the Motor Vehicle (Third Party Insurance) Act 1943 (ss 3EA, 3FA, 3FB) that are designed to alter the substantive law of damages for catastrophic injuries; those provisions create appeal and enforcement pathways (internal review and District Court appeals on specified questions, s 27) and a cross‑jurisdictional mechanism by making the restrictive provisions part of the substantive law (Motor Vehicle Act s 3FA). The Act therefore creates a legal architecture likely to generate litigation on:

eligibility and classification disputes (is the injury a catastrophic injury; is the incident a motor vehicle accident) because s 24 defines eligibility decisions and s 25 allows review;
the proper scope of “assessed treatment, care and support needs” and what is “necessary and reasonable” in assessments because the Commission must assess these matters under s 15 and the regulations may set methods and criteria (s 16);
interaction of CISS participation with damages, notably whether awards conform with the restrictive provisions and whether courts must reduce awards or recover excess payments under s 3FA(4)-(5);
procedural questions about medical examinations required by the Commission under the Motor Vehicle Act s 30 replacement, particularly the consequences of refusal to be examined (Motor Vehicle Act s 30(5)).

Because the Act relies on administrative assessments and limited internal reviews with narrow appeal rights to the District Court (s 27), litigation is likely to reach court primarily where statutory definitions of motor vehicle accident and catastrophic injury are in dispute, or where a question of law arises from a review decision such that District Court leave is available (s 27(3)-(4)). The Act’s text does not identify any reported judgments or specific cases, and the statutory appeal mechanics are specified in the text (s 27).

Practitioners should monitor District Court and higher court decisions for interpretation of the new statutory concepts (for example, what counts as necessary and reasonable needs; when a person is an interim versus lifetime participant; the proper application of the damages restrictions and their interaction with contributory negligence rules in s 3FB).

Key traps and compliance surprises the text creates, with citations and operational mechanics:

Damages excluded even if Commission does not pay: The Civil Liability Act s 13A(9) and the Motor Vehicle Act s 3EA(5) provide that the damages restrictions apply whether or not the treatment, care and support needs are “assessed” or whether the Commission is required to make payments. In practical terms, once a person is a participant, the plaintiff cannot recover damages for those heads even if the Commission does not pay them. This removes a litigation fallback of claiming future care costs from the tort defendant.
Interim participant assumption for damages: The Civil Liability Act treats interim participants as if they will become lifetime participants for purposes of damages (s 13A(6)). Plaintiffs who are interim participants face an assumption against future private damages recovery unless and until the Commission rejects lifetime participation, and even then special rules (s 13A(7)-(8)) apply if the person ceases to be interim participant.
Eligibility and liability interplay with negligence: The Act does not apply where the owner or driver has incurred liability for negligence in respect of the injury (s 5(3)). That is, persons with actionable negligence against an owner/driver may be excluded from the CISS for that injury. The consequence is that claimants who can recover negligence damages may lose CISS access for that injury. Practically, eligibility and tort liability must be coordinated.
Workplace injuries: For workplace injuries, the Act applies only if there is an “established entitlement” to compensation under the Workers Compensation and Injury Management Act 2023 (s 5A(2)-(3)). That requires a claim and accepted liability or an arbitrator determination. There is also a residency test for application and participation suspends while absent from Australia (s 9(1A); s 14(1A)). Practitioners should not assume automatic inclusion of workplace injuries without confirming compensation entitlement and residence.
Registered provider requirement: Payments are not required for services that are required to be provided by a registered provider but are provided by an unregistered person at the time of provision (s 19(2)(d)). If regulations identify particular services that must be provided by registered providers, non‑registration may cause non‑payment and create commercial risk for providers.
Medical examinations and litigation: Under the Motor Vehicle (Third Party Insurance) Act replacement s 30, the Commission can require examinations by a nominated health professional; refusal to undergo such an examination without reasonable excuse bars commencing or proceeding with an action for damages (s 30(5)). Plaintiffs must be prepared to attend Commission‑ordered examinations and cannot be represented at the examination by legal advisers (s 30(4)).
Commission not liable for legal costs for assessments: The Commission is not liable for legal costs in relation to assessments of needs (s 17). Parties involved in assessment disputes cannot expect the Commission to pay their legal fees for assessment proceedings.
Data disclosure duties and protection: Hospitals and insurers may disclose relevant information to the Commission and are statutorily protected for good‑faith disclosures (s 30(2)-(3); s 30A(3)-(4)). This increases administrative notification obligations and reduces legal reluctance to share clinical files, but practitioners must ensure proper consents and procedural compliance because the regulations may set rules for information provision (s 34(2)(b)-(c)).
Licensing/policy and premium mechanics: The Motor Vehicle Act amendments require payment of the appropriate insurance premium determined by the Commission before or at the time of grant or renewal of a vehicle licence (s 4(8) as amended). Vehicle licences are taken to constitute the issue of a policy that insures the CISS risk only to the extent of making payments under the CISS for assessed needs (s 6A(2)-(3)). Parties should note that the policy’s scope is strictly to fund Commission payments, not to expand private tort liability.
Regulatory detail is crucial: Many crucial operational rules are left to regulations (eligibility criteria, assessment methods, monetary caps, registered provider standards, dispute procedures) (ss 8(2); 16; 18(4); 20; 23(4); 28; 34). Until the regulations, many practical questions remain open. Practitioners must check the current regulations and Commission guidelines.
Cross-jurisdictional awards: The Motor Vehicle Act s 3FA makes the restrictive provisions part of substantive law; if courts in other jurisdictions award damages that do not conform, the person against whom the award is made is not required to pay the non‑conforming portion and may recover any excess. This creates a potential enforcement mechanism and complexities where plaintiffs obtain out-of-state awards.
Penalties for false statements and obstruction: Offences for false or misleading information and obstruction attract fines up to $10,000 (s 31; s 32). Failure to comply with disclosure, registration or other regulatory requirements can therefore carry immediate monetary exposure.
Commission discretion and administrative risk: The Commission has broad administrative discretion over acceptance, suspension, assessment criteria and registration, and must publish guidelines that persons with functions under the Act must have regard to (s 33). Administrative decisions may therefore be pivotal; internal review and limited judicial appeal routes mean strategy must be set early.

For practitioners advising clients (injured persons, providers, insurers, employers):

Establish eligibility and timing quickly
- For motor vehicle injuries, confirm the accident occurred in this State on or after the operative day (s 5(2)) and that the owner or driver has not already incurred negligence liability that would exclude the Act (s 5(3)). If the accident occurred on private land, ensure one of the statutory exceptions applies (s 5(4)).
- For workplace injuries, confirm an established entitlement to compensation under the Workers Compensation and Injury Management Act 2023 (claim made and liability accepted or arbitrator determination) before applying (s 5A(2)-(3)). Confirm the applicant resides in Australia at time of application (s 9(1A)).
Apply properly and comprehensively
- Applications must be made in the manner and form determined by the Commission and accompanied by information required by the Commission (s 9(2)). Assemble claim files, medical reports and documentary evidence anticipating Commission requests and cross-notification obligations (s 30A(4)(a)).
Prepare for assessment procedures
- The Commission must assess treatment, care and support needs against necessity and reasonableness and relation to the injury (ss 15(2); 18(2)). Anticipate regulatory requirements including medical and other examinations (s 16(2)(d)). Provide consents and authorisations for medical records promptly, and comply with examination requests (Motor Vehicle Act s 30).
Attend Commission‑nominated examinations
- Under the Motor Vehicle (Third Party Insurance) Act replacement s 30, the Commission can require medical examinations; the Commission must pay for them (s 30(3)), the examinee may be accompanied by a medical adviser but not a legal adviser (s 30(4)), and non‑attendance without reasonable excuse prevents damages proceedings (s 30(5)). Advise clients to attend and to bring medical advisers if needed.
Be mindful of registration requirements if you are a provider
- If regulations identify specific services that must be supplied by registered providers under s 23, register with the Commission where applicable. The Commission may impose conditions; contravention without reasonable excuse carries a $10,000 penalty (s 23(6)). Non‑registration may result in non‑payment for services (s 19(2)(d)).
Preserve and disclose information where required
- Hospitals and insurers should implement internal processes to notify the Commission when a patient with a suspected catastrophic injury is admitted and to provide medical reports and claim details where required by s 30 and s 30A. Ensure disclosures are made in good faith and document reasons to attract statutory immunity (s 30(3)). Insurers must notify the Commission within seven days after accepting liability for workers’ compensation (s 30A(4)(b)).
Manage litigation strategy given damage restrictions
- Recognise that CISS participation excludes damages for treatment, care and support needs (Civil Liability Act s 13A; Motor Vehicle Act s 3EA/3FB). If a client is or will be a participant, do not rely on recovering future care costs through damages for those heads. For interim participants, be aware of the presumption that they will become lifetime participants for damages purposes (Civil Liability Act s 13A(6)). Seek early coordination between litigation strategy and Commission application.
Use internal review and appeal routes correctly
- Apply for internal review under ss 25-26 if disputing an eligibility decision or an assessment. Monitor time limits for District Court appeals and the requirement for leave where appeals are on review decisions with questions of law (s 27(3)-(4)). Check the regulations for the prescribed appeal periods and procedures (s 27(5)).
Avoid false statements and obstruction
- Ensure all submissions, applications and disclosures are accurate and complete. The Act criminalises false or misleading information and obstruction (ss 31-32). Adopt file notes and standardised forms to reduce risk of omission or inaccuracy.
Check and comply with regulations and guidelines
- The Act delegates much detail to regulations (s 34) and allows the Commission to publish guidelines that must be taken into account (s 33). Obtain and review the current regulations and the Commission’s guidelines to identify monetary caps, criteria for “necessary and reasonable”, registered provider lists, dispute-resolution procedures, and time limits. Where regulations adopt external codes by reference (s 35), procure copies and ensure your practice follows the adopted text as published by the Commission (s 35(5)).
For insurers and employers: integrate reporting into standard workflows
- Employers, WorkCover WA and insurers should build procedures to detect likely catastrophic injuries early, to provide reports and medical records to the Commission promptly (s 30A(3)-(4)), and to notify the Commission when liability for compensation is accepted. This may require modification of claims-handling protocols and staff training.
For vehicle owners and licencees: pay attention to premium and licence linkage
- Vehicle licence grant/renewal requires payment of the appropriate insurance premium determined by the Commission (Motor Vehicle Act s 4(8)). Ensure premiums are paid and receipts obtained before licence issuance. Where licences lapse and are renewed within prescribed windows, check the transitional rules in Motor Vehicle Act s 21 and the replacement s 34 for coverage implications.
Document consent and authority for third-party acts
- The Act treats references to injured persons in relation to applications and notices as including persons with lawful authority to act on the person’s behalf (s 3(2)). Ensure power-of-attorney or guardian authority is correctly documented when third parties act for participants.
Budget for uncertainty in payments and caps
- The Commission may set monetary caps and fee schedules by regulation (s 20). Before relying on Commission payments, verify whether the particular service is capped or excluded under the current regulations and confirm the Commission’s position in writing.
Monitor statutory review and future amendments
- The Minister must review the Act’s operation as soon as practicable after the fifth anniversary of the relevant section’s commencement and lay a report before Parliament (s 36). Practitioners should watch for legislative or regulatory amendments following that review.

Practical checklist for a representative advising an injured person about CISS:

Confirm state and temporal jurisdiction of the accident (s 5(2)).
Check whether the owner/driver has incurred negligence liability that would exclude CISS (s 5(3)).
For workplace cases, confirm established entitlement to workers compensation (s 5A(3)).
File a properly completed application in the Commission’s form with supporting medical documentation (s 9(2)); ensure applicant’s Australian residence for workplace claims (s 9(1A)).
Prepare client for Commission assessment and possible medical examinations (s 15; Motor Vehicle Act s 30).
Advise client about the practical effect on damages claims and coordinate any litigation timetable to avoid procedural bars (Civil Liability Act s 13A; Motor Vehicle Act s 3EA; Motor Vehicle Act s 30(5)).
Keep contemporaneous records of all disclosures to the Commission and consents for data sharing (s 30; s 30A).

Following those steps will align practice with the Act’s procedural and substantive requirements and reduce the risk of regulatory non‑compliance or procedural prejudice in damages litigation.

Deep Dive

What it does

Current sections