231Modification of cars and homes

231 Modification of cars and homes (1) Unless the Authority or a self-insurer otherwise determines, the Authority or self-insurer is not liable to pay the reasonable costs, or contribute a reasonable amount, referred to in subsection (2), (3) or (5) unless the Authority or self-insurer approved the worker's requirement, and its costs, before the costs were incurred. (2) If a worker, as a result of his or her injury, reasonably requires a car used by him or her in Australia to be modified, the Authority or self‑insurer is liable— (a) to pay the reasonable costs of modifying the car; or (b) if the car is not capable of being modified, to contribute a reasonable amount to the purchase cost of a suitably modified car selected by the Authority or self-insurer. (3) If a worker, as a result of his or her injury, reasonably requires access to a car, and he or she does not have access to a car, the Authority or self-insurer is liable to contribute a reasonable amount to the purchase cost of a suitable car selected by the Authority or self-insurer. (4) Without limiting the factors the Authority or self-insurer may consider in determining what is a reasonable amount for the purposes of subsections (2)(b) and (3), the Authority or self‑insurer must have regard to the following factors so far as they are applicable— (a) the current market value of the car used by the worker at the time of the injury; (b) if that car is no longer used by the worker, the market value of the car at the time of the injury; (c) how often the worker was using a car at the time of the injury; (d) how often the worker will, or is likely to, use a car in future; (e) the market value of any other car that the worker uses. (5) If a worker, as a result of his or her injury, reasonably requires that a home in which he or she resides in Australia be modified, the Authority or self-insurer is liable— (a) to pay the reasonable costs of modifying the home; or (b) if for any reason the home cannot be reasonably modified, to contribute a reasonable amount— (i) to the purchase cost of a semi‑detachable portable unit; or (ii) to the cost of relocating the worker to another home that is suitable for the worker or that is capable of being reasonably modified. (6) Without limiting the factors the Authority or self‑insurer may consider in determining the reasonable costs or amount for the purposes of subsection (5), the Authority or self-insurer must have regard to the following factors— (a) whether the home in which the worker resides is structurally suitable for modification; (b) the nature of the worker's injuries; (c) how those injuries restrict, or are likely to restrict, the worker's ability— (i) to enter and leave the home in which the worker resides; and (ii) to move about the home for necessary purposes; (d) the extent of the modifications that will be needed to address those restrictions or likely restrictions; (e) any complex, unique or unusual circumstances associated with those modifications; (f) whether the cost of those modifications is likely to exceed the value of the home in which the worker resides. (7) If a worker moves from a home that has modifications to which the Authority or self‑insurer made a contribution, in assessing whether to make a payment in respect of modifications to the worker's new home, the Authority or self-insurer must have regard to the appropriateness of that home for modification, having regard to all relevant circumstances, with respect to the modifications that are needed. (8) The Authority or self-insurer must not make a payment or contribution under subsection (2), (3) or (5) which exceeds $10 000 or a greater amount as may be prescribed, unless the worker enters into an agreement with the Authority or self‑insurer in relation to the ownership of, and maintenance of modifications to, the car, home or semi-detachable portable unit. (9) Without limiting what may be included in an agreement under subsection (8), the agreement must include provisions in respect of— (a) subsequent modifications; and (b) changes of ownership; and (c) the frequency of modifications and changes of ownership.