42Compensation for certain alterations etc.

42  Compensation for certain alterations etc.

 (1) If a covered person suffers an injury resulting in an impairment, the Commonwealth is liable to pay compensation, of such amount as Comcare determines is reasonable, for the costs payable by the covered person of:

 (a) any alteration of the covered person’s place of residence or place of work; or

 (b) any modifications of a vehicle or article used by the covered person; or

 (c) any aids or appliances for the use of the covered person, or the repair or replacement of such aids or appliances;

being alterations, modifications or aids or appliances reasonably required by the covered person, having regard to the nature of the covered person’s impairment.

 (2) Without limiting the matters that may be taken into account in determining the amount of compensation payable in a particular case under subsection (1), Comcare must, in determining the amount of the compensation, have regard to such of the following matters as are relevant in that case:

 (a) the likely period during which the alteration, modification, aid or appliance will be required;

 (b) any difficulties faced by the covered person in gaining access to, or enjoying reasonable freedom of movement in, his or her place of residence or work;

 (c) any difficulties faced by the covered person in gaining access to, driving or enjoying freedom and safety of movement in, a vehicle used by the covered person;

 (d) any alternative means of transport available to the covered person;

 (e) whether arrangements can be made for hiring the relevant aid or appliance;

 (f) if the covered person has previously received compensation under this section in respect of an alteration of his or her place of residence or a modification of a vehicle and has later disposed of that place of residence or vehicle—whether the value of that place of residence or vehicle was increased as a result of the alteration or modification.

 (3) An amount of compensation payable under this section is payable:

 (a) to, or in accordance with the directions of, the covered person; or

 (b) if:

 (i) the covered person dies before the compensation is paid and without having paid the cost referred to in subsection (1); and

 (ii) another person (who is not the legal personal representative of the covered person) has paid that cost;

  to that other person; or

 (c) if:

 (i) the cost referred to in subsection (1) has not been paid; and

 (ii) the covered person (or the legal personal representative of the covered person) is unable, or refuses or fails, to make a claim for the compensation;