sec.43Application to court for order

sec.43 Application to court for order

The agency may apply to the court for an order preventing the participant from being awarded treatment, care and support damages under a final judgment of a court or a binding settlement. An application under subsection (1) may be made whether or not the participant has given a notice under section 41 (1) . The participant is the respondent to the application. In deciding whether to make the order, the court— must consider the participant’s ability to manage an award of treatment, care and support damages in a way that will not compromise the participant’s— prospects of improvement or rehabilitation; or future health and wellbeing; and must consider whether the participant is a person under a legal disability; and may consider any other matter the court considers relevant. If the court makes the order— the participant may not give a preservation notice; and any preservation notice given by the participant is taken not to have been given. If the participant is an adult, the court may exercise all the powers of QCAT under the Guardianship and Administration Act 2000 , chapter 3 . If the court exercises a power mentioned in subsection (6) , the Guardianship and Administration Act 2000 , section 245 (3) to (6) applies in relation to the exercise of the power as if the court were acting under section 245 (2) of that Act. In this section— court means— if a proceeding in relation to the claim has been brought in the District Court or the Supreme Court—the court hearing the proceeding; or otherwise—the District Court or the Supreme Court. (sec.43-ssec.1) The agency may apply to the court for an order preventing the participant from being awarded treatment, care and support damages under a final judgment of a court or a binding settlement. (sec.43-ssec.2) An application under subsection (1) may be made whether or not the participant has given a notice under section 41 (1) . (sec.43-ssec.3) The participant is the respondent to the application. (sec.43-ssec.4) In deciding whether to make the order, the court— must consider the participant’s ability to manage an award of treatment, care and support damages in a way that will not compromise the participant’s— prospects of improvement or rehabilitation; or future health and wellbeing; and must consider whether the participant is a person under a legal disability; and may consider any other matter the court considers relevant. (sec.43-ssec.5) If the court makes the order— the participant may not give a preservation notice; and any preservation notice given by the participant is taken not to have been given. (sec.43-ssec.6) If the participant is an adult, the court may exercise all the powers of QCAT under the Guardianship and Administration Act 2000 , chapter 3 . (sec.43-ssec.7) If the court exercises a power mentioned in subsection (6) , the Guardianship and Administration Act 2000 , section 245 (3) to (6) applies in relation to the exercise of the power as if the court were acting under section 245 (2) of that Act. (sec.43-ssec.8) In this section— court means— if a proceeding in relation to the claim has been brought in the District Court or the Supreme Court—the court hearing the proceeding; or otherwise—the District Court or the Supreme Court.