sec.232YCourt order preventing election to seek treatment, care and support damages

### sec.232Y Court order preventing election to seek treatment, care and support damages The insurer may apply to the court for an order preventing the worker from being awarded treatment, care and support damages for the worker’s injury. An application under subsection (1) may be made whether or not the worker has made an election to seek treatment, care and support damages for the injury. The worker is the respondent to the application. In deciding whether to make the order, the court— must consider the worker’s ability to manage an award of treatment, care and support damages in a way that will not compromise the worker’s— prospects of improvement or rehabilitation; or future health and wellbeing; and must consider whether the worker is a person under a legal disability; and must consider the worker’s likely legal costs relating to the claim for damages; and may consider any other matter the court considers relevant. If the court makes the order— the worker may not elect to seek treatment, care and support damages for the injury; and any election to seek treatment, care and support damages for the injury made by the worker is taken not to have been made. If the worker 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 for the claim for damages 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. s 232Y ins 2016 No. 44 s 30 (sec.232Y-ssec.1) The insurer may apply to the court for an order preventing the worker from being awarded treatment, care and support damages for the worker’s injury. (sec.232Y-ssec.2) An application under subsection (1) may be made whether or not the worker has made an election to seek treatment, care and support damages for the injury. (sec.232Y-ssec.3) The worker is the respondent to the application. (sec.232Y-ssec.4) In deciding whether to make the order, the court— must consider the worker’s ability to manage an award of treatment, care and support damages in a way that will not compromise the worker’s— prospects of improvement or rehabilitation; or future health and wellbeing; and must consider whether the worker is a person under a legal disability; and must consider the worker’s likely legal costs relating to the claim for damages; and may consider any other matter the court considers relevant. (sec.232Y-ssec.5) If the court makes the order— the worker may not elect to seek treatment, care and support damages for the injury; and any election to seek treatment, care and support damages for the injury made by the worker is taken not to have been made. (sec.232Y-ssec.6) If the worker is an adult, the court may exercise all the powers of QCAT under the Guardianship and Administration Act 2000 , chapter 3 . (sec.232Y-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.232Y-ssec.8) In this section— court means— if a proceeding for the claim for damages 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. - (a) must consider the worker’s ability to manage an award of treatment, care and support damages in a way that will not compromise the worker’s— (i) prospects of improvement or rehabilitation; or (ii) future health and wellbeing; and - (i) prospects of improvement or rehabilitation; or - (ii) future health and wellbeing; and - (b) must consider whether the worker is a person under a legal disability; and - (c) must consider the worker’s likely legal costs relating to the claim for damages; and - (d) may consider any other matter the court considers relevant. - (i) prospects of improvement or rehabilitation; or - (ii) future health and wellbeing; and - (a) the worker may not elect to seek treatment, care and support damages for the injury; and - (b) any election to seek treatment, care and support damages for the injury made by the worker is taken not to have been made. - (a) if a proceeding for the claim for damages has been brought in the District Court or the Supreme Court—the court hearing the proceeding; or - (b) otherwise—the District Court or the Supreme Court.