National Injury Insurance Scheme (Queensland) Act 2016
sec.12Persons eligible to participate in scheme
Start here
Get a plain-English read of sec.12
Turn the raw legal text into a practical explanation grounded in National Injury Insurance Scheme (Queensland) Act 2016.
sec.12 Persons eligible to participate in scheme
A person is eligible to participate in the scheme in relation to a serious personal injury suffered by the person if— this Act applies in relation to the injury; and the injury meets the criteria (the eligibility criteria ) for the injury prescribed by regulation. However, a person is not eligible to participate in the scheme in relation to a serious personal injury if— the person has been awarded damages, under a final judgment of a court or a binding settlement, in relation to the person’s treatment, care and support needs as a result of the injury; and the damages were paid other than by way of a payment by the agency under section 44 (3) (a) . Also, a person is not eligible to participate in the scheme in relation to a serious personal injury if— before the motor accident resulting in the serious personal injury, the person suffered from another injury or condition; and the serious personal injury does not permanently increase the extent of any disability experienced by the person before the motor accident. (sec.12-ssec.1) A person is eligible to participate in the scheme in relation to a serious personal injury suffered by the person if— this Act applies in relation to the injury; and the injury meets the criteria (the eligibility criteria ) for the injury prescribed by regulation. (sec.12-ssec.2) However, a person is not eligible to participate in the scheme in relation to a serious personal injury if— the person has been awarded damages, under a final judgment of a court or a binding settlement, in relation to the person’s treatment, care and support needs as a result of the injury; and the damages were paid other than by way of a payment by the agency under section 44 (3) (a) . (sec.12-ssec.3) Also, a person is not eligible to participate in the scheme in relation to a serious personal injury if— before the motor accident resulting in the serious personal injury, the person suffered from another injury or condition; and the serious personal injury does not permanently increase the extent of any disability experienced by the person before the motor accident.
- (a) this Act applies in relation to the injury; and
- (b) the injury meets the criteria (the eligibility criteria ) for the injury prescribed by regulation.
- (a) the person has been awarded damages, under a final judgment of a court or a binding settlement, in relation to the person’s treatment, care and support needs as a result of the injury; and
- (b) the damages were paid other than by way of a payment by the agency under section 44 (3) (a) .
- (a) before the motor accident resulting in the serious personal injury, the person suffered from another injury or condition; and
- (b) the serious personal injury does not permanently increase the extent of any disability experienced by the person before the motor accident.