Motor Accidents (Liabilities and Compensation) Amendment Regulations 2002

Motor Accidents (Liabilities and Compensation) Amendment Regulations 2002

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Motor Accidents (Liabilities and Compensation) Act 1973 .

5 July 2002

G. S. M. GREEN

Governor

By His Excellency's Command,

P. A. LENNON

Minister for Infrastructure, Energy and Resources

1.   Short title

These regulations may be cited as the Motor Accidents (Liabilities and Compensation) Amendment Regulations 2002 .

2.   Commencement

These regulations take effect on 1 August 2002.

3.   Principal Regulations

In these regulations, the Motor Accidents (Liabilities and Compensation) Regulations 2000 are referred to as the Principal Regulations.

4.    Schedule 1: Part 1 amended (Preliminary)

Part 1 of Schedule 1 to the Principal Regulations is amended as follows:

(a) by omitting from the heading "PERSONS TO WHOM DEATH BENEFITS ARE PAYABLE" and substituting "PRELIMINARY";

(b) by omitting the definition of assessable income from clause 1 ;

(c) by omitting the definition of child from clause 1 and substituting the following definition:

child of a person includes a child adopted by that person but does not include a child of that person who has been adopted by any other person;

(d) by omitting "an" from paragraph (a) of the definition of de facto spouse in clause 1 and substituting "a motor";

(e) by omitting the definitions of dependant and dependent child from clause 1 and substituting the following definitions:

dependant, in relation to a person who suffers death or personal injury, means a person who would, but for that death or injury, be wholly, mainly or partly dependent on the injured person for financial support and who is –

(a) the spouse or de facto spouse of the injured person; or

(b) a dependent child of the injured person; or

(c) a dependent parent of the injured person;

dependent child, in relation to a person, means an individual who is  –

(a) a child of the person (other than a child who has a spouse) and who –

(i) is under 16 years of age; or

(ii) has attained 16 years of age but is less than 25 years of age and is a full-time student; or

(b) a child of a marriage or de facto relationship to which the person is a party (other than a child who has a spouse) and who –

(i) is under 16 years of age; or

(ii) has attained 16 years of age but is less than 25 years of age and is a full-time student –

and would, but for the death or personal injury of the person, be wholly, mainly or partly dependent on the person for financial support;

(f) by omitting "State;" from the definition of registered in clause 1 and substituting "State.";

(g) by omitting the definition of single person from clause 1 ;

(h) by omitting from clause 2(2) "Unless" and substituting "For the purposes of this Schedule, unless";

(i) by omitting from clause 4 "If" and substituting "For the purposes of this Schedule, if";

(j) by omitting from clause 4 "an" and substituting "a motor";

(k) by omitting from clause 7(2) "The" and substituting "For the purposes of this Schedule, the";

(l) by inserting the following clause after clause 7 :

8.   Limitation on claims for scheduled benefits

(1) Subject to subclause (2) , a claim resulting directly from a motor accident for scheduled benefits in respect of a death, loss or expense or the gratuitous provision of care or services is not to be brought unless –

(a) within one year after the date of the motor accident, written notice of the personal injury giving rise to the claim is given to the Board; and

(b) the claim is brought within one year after –

(i) the date of death; or

(ii) the date on which the loss or expense was incurred; or

(iii) the date on which the gratuitous care was, or the services were, provided.

(2) On application by the person making the claim and after hearing such evidence as it considers appropriate, the Tribunal may extend either period referred to in subclause (1) by such period not exceeding 5 years as it thinks fit.

(3) The Tribunal may extend either period referred to in subclause (1) even though one or both of the periods has expired.

5.    Schedule 1: Part 2 amended (Medical benefits)

Part 2 of Schedule 1 to the Principal Regulations is amended as follows:

(a) by omitting subclauses (1) and (2) from clause 1 and substituting the following subclause:

(1) Subject to this Part, where a person suffers personal injury resulting directly from a motor accident, all the expenses reasonably incurred by the person or on his or her behalf for the provision of the treatment required by him or her within the Commonwealth as a result of the injury are payable as medical benefits.

(b) by omitting from clause 1(3) "or equipment" twice occurring;

(c) by omitting from clause 1(4) "bodily injury, the treatment and equipment" and substituting "personal injury, the treatment";

(d) by omitting paragraphs (g) and (h) from clause 1(4) ;

(e) by omitting clause 2 and substituting the following clause:

2.   Limitation of amount of medical benefits

Except in the case of a person requiring daily care, the payment of medical benefits under this Part and disability benefits under Part 6 is not to exceed $200 000 in the aggregate for personal injury to the person resulting directly from a single motor accident.

(f) by omitting clause 3 .

6.    Schedule 1: Part 3 amended (Funeral benefits)

Schedule 1 to the Principal Regulations is amended by omitting clauses 1 and 2 from Part 3 and substituting:

1.   Funeral benefits

Where the death of a person results directly from a motor accident, all expenses reasonably incurred in the burial or cremation of the body are payable as funeral benefits, other than expenses incurred in the provision or erection of any gravestone.

2.   Limitation on funeral benefits

(1) The maximum amount payable under clause 1 of this Part is $4 000, plus an additional amount calculated in accordance with subclause (2) .

(2) The additional amount referred to in subclause (1) is a percentage equal to any percentage increase in adult average weekly earnings after 30 June 2002 calculated as at 30 June in each year.

(3) Despite subclause (1) , a further amount not exceeding $2 000 is payable in respect of expenses reasonably incurred and incidental to the burial or cremation of a person whose death resulted directly from a motor accident if the Board considers it just, in all the circumstances, for that further amount to be paid.

7.    Schedule 1: Part 4 amended (Death benefits)

Part 4 of Schedule 1 to the Principal Regulations is amended as follows:

(a) by omitting subclause (1) from clause 1 and substituting the following subclause:

(1) Where the death of a person results directly from a motor accident and the person is survived by one or more dependants, a lump sum is payable as death benefits.

(b) by omitting clause 2 and substituting the following clause:

2.   Effect of disability allowance

Where a person has received payments by way of disability allowance in respect of personal injury resulting directly from a motor accident, any lump sum otherwise payable by way of death benefits in respect of that person's death is to be reduced by the amount of disability allowance paid.

8.    Schedule 1: Part 5 amended (Disability allowance and disability benefits)

Schedule 1 to the Principal Regulations is amended as follows:

(a) by omitting subclause (1) from clause 1 of Part 5 and substituting the following subclause:

(1) In accordance with this Part, periodical allowances are payable as disability allowances to any person who suffers personal injury resulting directly from a motor accident.

(b) by omitting from clause 2(2) of Part 5 "An injured person is entitled to an employed person's allowance if, at the time of the accident" and substituting "A person who suffers personal injury is entitled to an employed person's allowance if, at the time of the motor accident";

(c) by inserting in clause 2(4)(a) of Part 5 "motor" after "day of the";

(d) by omitting subclause (5) from clause 2 of Part 5 and substituting the following subclause:

(5) If the average weekly earnings of the injured person exceed $50 a week, the employed person's allowance is payable at the lesser of the following rates:

(a) 80% of his or her average weekly earnings;

(b) 4.25 times the adult average weekly earnings as last published before the motor accident occurred.

(e) by inserting in clause 2(6) of Part 5 "motor" after "of the";

(f) by omitting from clause 3(2) of Part 5 "An injured person" and substituting "A person who suffers personal injury";

(g) by inserting in clause 3(2)(a) of Part 5 "motor" after "of the";

(h) by inserting in clause 3(3)(a) of Part 5 "motor" after "day of the";

(i) by omitting subclause (4) from clause 3 of Part 5 and substituting the following subclause:

(4) A self-employed person's allowance is payable at the lesser of the following rates:

(a) 80% of any remuneration, gratuity or reward paid to a person to carry on a self-employed person's business;

(b) 4.25 times the adult average weekly earnings as last published before the motor accident occurred.

(j) by omitting subclause (1) from clause 4 of Part 5 and substituting the following subclause:

(1) A person who suffers personal injury is entitled to a housekeeping allowance if at the time of the motor accident the person normally carried out household duties.

(k) by omitting subclause (3) from clause 4 of Part 5 and substituting the following subclauses:

(3) A housekeeping allowance is payable at the lesser of the following rates:

(a) a rate equivalent to the reasonable commercial cost of engaging a person to carry out the injured person's normal household duties;

(b) $150 per week.

(3A) A housekeeping allowance is payable only in respect of those household duties that the injured person normally carried out at least once a week.

(l) by inserting in clause 5(1)(a) of Part 5 "motor" after "of the";

(m) by inserting in clause 5(2) of Part 5 "motor" after "day of the";

(n) by inserting in clause 6(1)(a) of Part 5 "motor" after "of the";

(o) by inserting in clause 6(1)(b) of Part 5 "motor" after "of the";

(p) by inserting in clause 6(1)(c) of Part 5 "motor" after "of the";

(q) by inserting in clause 6(1)(e) of Part 5 "motor" after "of the";

(r) by inserting the following Part after clause 7 in Part 5 :

PART 6 - Disability benefits

1.   Prostheses and other appliances

If a person suffers personal injury resulting directly from a motor accident, such expenses as are reasonably incurred by, or on behalf of, that person for provision of such of the following as are reasonably required to alleviate the effect of the personal injury are payable as disability benefits:

(a) artificial limbs or other prostheses;

(b) medical or surgical aids or appliances;

(c) any other aid, appliance or equipment.

2.   Alterations to buildings and vehicles

(1) Subject to subclause (2) , if a person suffers personal injury resulting directly from a motor accident, such expenses as are reasonably incurred by, or on behalf of, that person in respect of such alterations to the following as are reasonably required to alleviate the effect of the injury are payable as disability benefits:

(a) the person's motor vehicle;

(b) the building in which the person resides or proposes to reside.

(2) Expenses under subclause (1) are not payable in respect of alterations made more often than –

(a) once every 5 years, in the case of a motor vehicle; or

(b) once every 15 years, in the case of a building.

3.   Attendant care

If a person suffers personal injury resulting directly from a motor accident, such expenses as are reasonably incurred by, or on behalf of, that person for the provision of attendant care reasonably required by the person as a result of having suffered the injury are payable as disability benefits.

4.   Domestic services for person requiring daily care

If a person suffers personal injury resulting directly from a motor accident and requires daily care in respect of that injury, such expenses as are reasonably incurred by, or on behalf of, that person for the provision of domestic services reasonably required by the person as a result of having suffered the injury are payable as disability benefits.

5.   Gratuitous services to persons requiring daily care

(1) If a person, who requires daily care in respect of personal injury resulting directly from a motor accident, requires attendant care or domestic services in respect of that injury, and the attendant care or domestic services are provided gratuitously, disability benefits are payable in respect of the attendant care or domestic services.

(2) The amount of the disability benefits payable under subclause (1) is to be calculated by reference to the reasonable value of providing the attendant care or domestic services in the circumstances in which they are provided.

6.   Limitation on disability benefits

Except in the case of a person requiring daily care, the payment of disability benefits under this Part and medical benefits under Part 2 is not to exceed $200 000 in the aggregate for personal injury to the person resulting directly from a single motor accident.

7.   Meaning of unreasonably incurred, &c.

For the purposes of this Part –

(a) an expense for an item is taken to have been unreasonably incurred to the extent that it exceeds the expense that would have been incurred if the item had been provided in the most economical manner practicable in the circumstances; and

(b) the value of attendant care and domestic services provided gratuitously is taken to be unreasonable to the extent that the value exceeds the cost that would have been incurred if care and services had not been provided gratuitously but had been provided in the most economical manner practicable.

9.   Substitution of "For the purposes of this Schedule, a" for "A"

Each of the provisions of the Principal Regulations specified in Column 1 of Schedule 1 is amended by omitting "A" on the number of occurrences specified in Column 2 of that Schedule and substituting "For the purposes of this Schedule, a".

SCHEDULE 1 - Substitutions

Regulation 9

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 17 July 2002

These regulations are administered by the Motor Accidents Insurance Board.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Motor Accidents (Liabilities and Compensation) Regulations 2000 by –

(a) making provision in respect of the payment of a disability benefit; and

(b) prescribing a new method for calculating funeral expenses; and

(c) limiting the amount of disability allowance payable weekly; and

(d) making other minor and consequential amendments.