Motor Accidents (Liabilities and Compensation) Regulations 2000
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 .
1 May 2000G. S. M. GREEN
Governor
By His Excellency's Command,
P. A. LENNON
Minister for Infrastructure, Energy and Resources
These regulations may be cited as the Motor Accidents (Liabilities and Compensation) Regulations 2000 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations –Act means the Motor Accidents (Liabilities and Compensation) Act 1973 ;Certificate of Premium Paid means a certificate issued by the Registrar on receipt of a premium paid in respect of a motor vehicle specified in that certificate;[Regulation 3 Amended by S.R. 2000, No. 137, Applied:14 Aug 2000] [Regulation 3 Amended by S.R. 2000, No. 137, Applied:14 Aug 2000][Regulation 3 Amended by S.R. 2000, No. 137, Applied:14 Aug 2000] Registrar means the Registrar of Motor Vehicles under section 5 of the Vehicle and Traffic Act 1999 .
4. Certificate of Premium Paid
(1) A person may apply to the Registrar for a Certificate of Premium Paid.(2) An application is to be –(a) in a form approved by the Board; and(b) accompanied by the premium payable under section 30 of the Act.(3) On receipt of an application, the Registrar is to –(a) issue a Certificate of Premium Paid to the applicant; and(b) record the particulars required to be recorded under section 33(4) of the Act.
5. Period Certificate of Premium Paid remains in force
A Certificate of Premium Paid remains in force –(a) in the case of a registered motor vehicle, for the same period for which the registration in respect of that vehicle remains in force; or(b) in the case of an unregistered motor vehicle, for 12 months commencing –(i) on the date of payment of the first premium; or(ii) where a premium is paid within 28 days of the expiration of the immediately preceding period for which that certificate was in force, on the expiration of that preceding period; or(iii) where a premium is paid more than 28 days after the expiration of that preceding period, on the date of payment of the premium.
6. Registrar to remit amounts to Board
[Regulation 6 Amended by S.R. 2000, No. 137, Applied:14 Aug 2000] The Registrar, when required by the Board to do so, is to remit to the Board an amount equal to all premiums received by the Registrar on behalf of the Board, after deducting an amount equal to any refund made under an agreement with the Board.
For the purposes of section 20(1) of the Act, the following are prescribed jurisdictions:(a) Victoria;(b) New South Wales;(c) Queensland;(d) South Australia;(e) Western Australia;(f) Australian Capital Territory;(g) Northern Territory.
The benefits payable by the Board under section 23(1) of the Act and the provisions in accordance with which those benefits are payable are specified in Schedule 1 .
[Regulation 9 Substituted by S.R. 2003, No. 128, Applied:29 Oct 2003](1) In this regulation –agricultural implement means an implement that is built to –(a) be towed by a motor vehicle; and(b) perform agricultural tasks;agricultural machine means an agricultural machine as defined in the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000.(2) For the purposes of section 29(1AA) of the Act, the following kinds of trailer are prescribed:(a) a trailer, other than a caravan, with an unladen mass of not more than half a tonne;(b) an agricultural implement towed by another motor vehicle;(c) a trailer towed by an agricultural machine operating as an agricultural machine.
10. Recording payment of premiums
The particulars referred to in section 33(4) of the Act may be recorded on an electronic data processing device.
11. Premium classification to be recorded
For the purposes of section 33(4)(e) of the Act, the category of a motor vehicle, within the meaning of the Government Prices Oversight (MAIB Premiums) Order 1997 , is a particular required to be recorded.
12. Registrar to provide particulars
[Regulation 12 Amended by S.R. 2000, No. 137, Applied:14 Aug 2000] The Registrar is to provide the Board with the particulars recorded under section 33(4) of the Act.
13. Extract of records as evidence
An extract of the records made or kept under section 33(4) of the Act and certified under regulation 14 is evidence of the facts contained in that extract.
14. Certification of extract of records
For the purposes of regulation 13 , an extract of the records may be certified by –(a) the chief executive officer of the Board; or(b) an officer of the Board authorised by the Board for that purpose; or(c) [Regulation 14 Amended by S.R. 2000, No. 137, Applied:14 Aug 2000] the Registrar or a person authorised by the Registrar to give the certification on the Registrar's behalf; or(d) [Regulation 14 Amended by S.R. 2000, No. 137, Applied:14 Aug 2000] the manager of the office at which the premium was paid or a person authorised by the manager to give the certification on the manager's behalf.
The Motor Accidents (Liabilities and Compensation) Regulations 1980 are rescinded.
SCHEDULE 1 - Scheduled benefits
PART 1 - Preliminary
1. InterpretationIn this Schedule –[Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] [Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002][Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] 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;[Part 1 of Schedule 1 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004][Part 1 of Schedule 1 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] child of a marriage or significant relationship means a child referred to in clause 2 of Part 1 ;[Part 1 of Schedule 1 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] [Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] [Part 1 of Schedule 1 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004][Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] 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 –[Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002](a) [Part 1 of Schedule 1 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] the spouse of the injured person; or(b) a dependent child of the injured person; or(c) [Part 1 of Schedule 1 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] a dependent parent of the injured person; or(d) [Part 1 of Schedule 1 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] a dependent carer of the injured person;[Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] dependent child, in relation to a person, means an individual who is –and would, but for the death or personal injury of the person, be wholly, mainly or partly dependent on the person for financial support;(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) [Part 1 of Schedule 1 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] a child of a marriage or significant relationship, within the meaning of the Relationships Act 2003 , 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 –dependent parent means a dependent parent within the meaning of clause 5 of Part 1 ;[Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] [Part 1 of Schedule 1 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] registered means registered under a relevant law of this State;[Part 1 of Schedule 1 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] spouse, in relation to a person, includes the person who, at the time of a motor accident –[Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002](a) is in a significant relationship, within the meaning of the Relationships Act 2003 , with that person; and(b) ordinarily resides with that person; and(c) is wholly, mainly or partly dependent on that other person for financial support.
2. Child of a marriage or significant relationship(1) [Part 1 of Schedule 1 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] [Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] For the purposes of this Schedule, a person is a child of a marriage or significant relationship, within the meaning of the Relationships Act 2003 , if the person is –(a) [Part 1 of Schedule 1 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] a child of both parties to the marriage or significant relationship; or(b) [Part 1 of Schedule 1 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] a child of either party to the marriage or significant relationship and is accepted as a child of the marriage or significant relationship by the other party.(2) [Part 1 of Schedule 1 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] [Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] For the purposes of this Schedule, unless the contrary is shown, a child of either party to a marriage or significant relationship is accepted by the other party to the marriage or significant relationship if the child is a member of the parties' household.
3. Paternity(1) [Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] For the purposes of this Schedule, a person is the father of another person if –(a) the person has acknowledged, in writing or by a course of conduct, that he is the father of the child; or(b) a court in this State or elsewhere has made an order or other determination in relation to the maintenance or custody of the child on a determination that the person is the father of the child; or(c) the person has been declared under the Status of Children Act 1974 to be the father.(2) [Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] For the purposes of this Schedule, a person is to be taken as having no surviving father if no person is ascertained as being his or her father in accordance with subclause (1) .
4. Unborn child[Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] For the purposes of this Schedule, if a woman was pregnant at the time of a motor accident, a child born from that pregnancy is to be treated as if the child –(a) had been born immediately before the accident; and(b) had been dependent on both parents, or whichever parent as was then living, for financial support at the time of the accident.
5. Dependent parent[Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] For the purposes of this Schedule, a person is a dependent parent of another person if the person –(a) is a parent of the other person; and(b) ordinarily resides with the other person in the same premises; and(c) is principally dependent on the other person for financial support.
5A. Dependent carer[Part 1 of Schedule 1 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] For the purposes of this Schedule, a person is a dependent carer of another person if the person –(a) is in a caring relationship, within the meaning of the Relationships Act 2003 , with the other person; and(b) ordinarily resides with the other person in the same premises; and(c) is principally dependent on the other person for financial support.
6. Survivorship(1) [Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] For the purposes of this Schedule, a person survives another person only if the person is living at the end of a period of 30 days beginning on the day on which the other person dies.(2) [Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] For the purposes of this Schedule, a child born after the death of a person survives that person only if the child is living at the end of a period of 30 days beginning on the day on which the child is born.
7. [Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] [Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] [Part 1 of Schedule 1 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] . . . . . . . .
8. Limitation on claims for scheduled benefits[Part 1 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002](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.
PART 2 - Medical Benefits
1. Medical benefits(1) [Part 2 of Schedule 1 Amended by S.R. 2005, No. 128, Applied:23 Nov 2005] [Part 2 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] Subject to this Part, where a person suffers personal injury resulting directly from a motor accident, all the expenses reasonably and necessarily 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.(2) [Part 2 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] . . . . . . . .(3) [Part 2 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] Where any sums are paid, or required to be paid, under a law of the Commonwealth in respect of the provision of any treatment referred to in subclause (1) from which any expenses referred to in that subsection are, or may be, met, the amount payable under that subclause in respect of the provision of that treatment is to be reduced by the amount of those sums.(4) [Part 2 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] In relation to a person who has suffered personal injury, the treatment referred to in this clause includes the following:(a) medical or surgical treatment by, or under the supervision of, a registered medical practitioner;(b) therapeutic treatment obtained at the direction of a registered medical practitioner;(c) psychological services provided by, or under the supervision of, a registered psychologist;(d) dental treatment by, or under the supervision of, a registered dentist;(e) therapeutic treatment by, or under the supervision of, a registered –(i) physiotherapist; or(ii) osteopath; or(iii) naturopath; or(iv) masseur; or(v) chiropractor;(f) an examination, test or analysis carried out on, or in relation to, an injured person at the request or direction of a registered medical practitioner, registered dentist or registered psychologist and the provision of a report in respect of such an examination, test or analysis;(g) [Part 2 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] . . . . . . . .(h) [Part 2 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] . . . . . . . .(i) treatment and maintenance as a patient at a hospital;(j) [Part 2 of Schedule 1 Amended by S.R. 2005, No. 128, Applied:23 Nov 2005] road accident rescue services and ambulance services;(k) nursing care, rehabilitation services and the provision of medicine, medical supplies, surgical supplies and any apparatus associated with such care or services, whether in hospital or otherwise;(l) [Part 2 of Schedule 1 Amended by S.R. 2005, No. 128, Applied:23 Nov 2005] travel by taxi for the purpose of obtaining treatment from a registered person if –(i) the distance travelled is 20 kilometres or less one way; and(ii) the travel occurs within 39 weeks after the date on which the personal injury was sustained; and(iii) a medical practitioner certifies that, by reason of the injury, the person requires a taxi for the purpose of travel;(m) [Part 2 of Schedule 1 Amended by S.R. 2005, No. 128, Applied:23 Nov 2005] travel by any means for the purpose of obtaining treatment from a registered person if –(i) the person requires daily care; or(ii) the distance travelled is greater than 20 kilometres one way.(5) [Part 2 of Schedule 1 Amended by S.R. 2005, No. 128, Applied:23 Nov 2005] For the purposes of this clause, the expense of providing treatment for any person is taken to be –(a) unreasonably incurred to the extent to which it exceeds the expense that would be incurred if that treatment had been provided in the most economical manner practicable in the circumstances; and(b) unnecessarily incurred if the treatment is not warranted, beneficial to the person and curative of the person's injury.
2. Limitation of amount of medical benefits[Part 2 of Schedule 1 Amended by S.R. 2004, No. 161, Applied:29 Dec 2004] [Part 2 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] [Part 2 of Schedule 1 Amended by S.R. 2005, No. 128, Applied:23 Nov 2005] 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 $400 000 in the aggregate for personal injury to the person resulting directly from a single motor accident.
3. [Part 2 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] . . . . . . . .
PART 3 - Funeral benefits
1. Funeral benefits[Part 3 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] 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[Part 3 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002](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.
PART 4 - Death benefits
1. Benefits on death of person with dependants(1) [Part 4 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] 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.(2) [Part 4 of Schedule 1 Amended by S.R. 2004, No. 161, Applied:29 Dec 2004] Subject to this Part, the lump sum is a sum of $50 000.(3) If the deceased is survived by any dependent children –(a) [Part 4 of Schedule 1 Amended by S.R. 2004, No. 161, Applied:29 Dec 2004] less than 9 years of age, the lump sum is to be increased by $12 000 in respect of each such dependent child; or(b) [Part 4 of Schedule 1 Amended by S.R. 2004, No. 161, Applied:29 Dec 2004] who have attained 9 years of age but are less than 18 years of age, the lump sum is to be increased by $6 000 in respect of each such dependent child; or(c) [Part 4 of Schedule 1 Amended by S.R. 2004, No. 161, Applied:29 Dec 2004] who have attained 18 years of age but are less than 25 years of age, the lump sum is to be increased by $2 400 in respect of each such dependent child.(4) The death benefits payable under this clause are –(a) payable to the dependants of the deceased; and(b) to be apportioned between the dependants as the Board considers appropriate having regard to the degree of dependency of each dependant; and(c) in the case of benefits payable to a dependent child under 18 years of age, to be paid to the Public Trustee on behalf of that child.
2. Effect of disability allowance[Part 4 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] 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.
PART 5 - Disability allowances
1. Types of disability allowances(1) [Part 5 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] 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.(2) A disability allowance may be –(a) an employed person's allowance; or(b) a self-employed person's allowance; or(c) a housekeeping allowance.(3) Notwithstanding anything in this Part, a person is not entitled to both an employed person's allowance and a self-employed person's allowance.
2. Employed person's allowance(1) For the purposes of this clause, "the prescribed period" means a period of 156 weeks beginning at the expiration of the period referred to in subclause (4)(a) .(2) [Part 5 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] A person who suffers personal injury is entitled to an employed person's allowance if, at the time of the motor accident –(a) the injured person was engaged in an employment or occupation for remuneration or profit; or(b) the injured person was travelling directly from his or her place of residence to the place at which, upon arrival at the end of the journey in the course of which the accident occurred, he or she was to take up an employment or occupation for remuneration or profit; or(c) the injured person –(i) was, on the day of the accident, at least 15 years old or exempt from the requirement to attend school under the law of the State; and(ii) had been engaged in an employment or occupation for remuneration or profit for a total period of not less than 26 weeks in the 12 months immediately preceding the day of the accident; and(iii) was actively seeking employment through all avenues reasonably available to him or her, or was certified by a medical practitioner as unfit for work due to injury or illness.(3) [Part 5 of Schedule 1 Amended by S.R. 2005, No. 128, Applied:23 Nov 2005] For the purposes of subclause (2) , a person engaged in an employment or occupation is to be treated as continuing to be so engaged notwithstanding the person's temporary absence, with leave of his or her employer or otherwise, or the person's temporary standing down from employment by his or her employer.(4) An employed person's allowance is payable –(a) [Part 5 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] for such periods, falling within the period of 104 weeks beginning on the day of the motor accident, during which the injured person is wholly disabled from engaging in his or her usual employment or occupation as a consequence of the injury; and(b) for such other periods, falling within the prescribed period, during which the injured person is, by reason of the injury, wholly disabled from engaging in any employment or occupation for which he or she would otherwise be reasonably suited by education, training, experience or ability.(5) [Part 5 of Schedule 1 Amended by S.R. 2005, No. 128, Applied:23 Nov 2005] [Part 5 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] If the average weekly earnings of the injured person exceed $250 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.(6) [Part 5 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] [Part 5 of Schedule 1 Amended by S.R. 2005, No. 128, Applied:23 Nov 2005] If, at the time of the motor accident, the injured person's average weekly earnings did not exceed $250 a week, whether or not the person was a dependant of another person, the lesser of the following amounts is payable weekly as the employed person's allowance:(a) $200;(b) the injured person's average weekly earnings.(7) [Part 5 of Schedule 1 Amended by S.R. 2005, No. 128, Applied:23 Nov 2005] . . . . . . . .(8) Where, in respect of any period in respect of which an employed person's allowance would, apart from this subclause, be payable to a person, that person receives remuneration or profit from any employment or occupation –(a) the amount of that allowance is to be reduced by the amount of that remuneration or profit; and(b) if the amount of that remuneration or profit exceeds the amount of the allowance, the allowance is not payable in respect of that period.
3. Self-employed persons allowance(1) For the purposes of this clause –business includes any profession, trade, employment, vocation or calling, but does not include an occupation as an employee;prescribed period means a period of 156 weeks beginning at the expiration of the period referred to in subclause (3)(a) .(2) [Part 5 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] A person who suffers personal injury is entitled to a self-employed person's allowance if –(a) [Part 5 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] at the time of the motor accident he or she was carrying on a business for profit; and(b) he or she is disabled from conducting that business as a result of the injury and to ensure that the business is carried on during the period in which he or she is so disabled arrangements are made for another person to receive remuneration, gratuity or reward to conduct that business.(3) A self-employed person's allowance is payable –(a) [Part 5 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] for such periods, falling within the period of 104 weeks beginning on the day of the motor accident, during which the injured person is wholly disabled from conducting his or her business as a result of the injury and arrangements are made for another person to receive remuneration, gratuity or reward to conduct that business; and(b) for such other periods, falling within the prescribed period, during which the injured person is, by reason of the injury, wholly disabled from engaging in any employment or occupation for which he or she would otherwise be reasonably suited by education, training, experience or ability.(4) [Part 5 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] 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.
4. Housekeeping allowance(1) [Part 5 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] 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.(2) [Part 5 of Schedule 1 Amended by S.R. 2005, No. 128, Applied:23 Nov 2005] A housekeeping allowance is payable for either of the following periods during which the person is wholly disabled, by reason of the injury, from carrying out his or her normal household duties:(a) in relation to a person who has been an inpatient at a hospital for a continuous period of more than 4 days commencing on the day of the accident, any period within 39 weeks after the day of the accident;(b) in relation to any other person, any period within 26 weeks after the day of the accident.(3) [Part 5 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] 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) [Part 5 of Schedule 1 Amended by S.R. 2004, No. 161, Applied:29 Dec 2004] $200 per week.(3A) [Part 5 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] A housekeeping allowance is payable only in respect of those household duties that the injured person normally carried out at least once a week.(4) Where an injured person who is entitled to a housekeeping allowance employed another person to carry out household duties before the date on which the person was injured, the injured person is entitled to recover only the cost of those duties that are additional to those carried out by the housekeeper before that date.
5. General limitations on disability allowances(1) A disability allowance is not payable for –(a) [Part 5 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] the period of 7 days beginning on the day of the motor accident; or(b) any period while the injured person is outside the Commonwealth.(2) [Part 5 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] A disability allowance is not payable unless, within the period of 20 days beginning on the day of the motor accident, the injured person –(a) in the case of an employed person's allowance or a self-employed person's allowance, is wholly disabled, as a result of the injury, from engaging in his or her usual employment or occupation; or(b) in the case of a housekeeping allowance, is wholly disabled, as a result of the injury, from carrying out ordinary household duties.
6. Computation of average weekly earnings(1) In relation to the payment of a disability allowance, an injured person's average weekly earnings are determined as follows:(a) [Part 5 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] if the person was continuously engaged in an employment or occupation during the period of 12 months immediately preceding the day of the motor accident, the person's average weekly earnings over that period;(b) [Part 5 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] if the person was continuously engaged in an employment or occupation immediately preceding the day of the motor accident for a period of one week or more and less than 12 months, the person's average weekly earnings over that period;(c) [Part 5 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] if the person was engaged in an employment or occupation immediately preceding the day of the motor accident for a period of less than one week, the average weekly earnings of a person engaged in the same, or as close as possible to the same, employment or occupation;(d) if the person was travelling to the place at which he or she was to take up his or her employment or occupation for the first time, the average weekly earnings of a person employed in the same, or as close as possible to the same, employment or occupation;(e) [Part 5 of Schedule 1 Amended by S.R. 2002, No. 86, Applied:01 Aug 2002] if the person was entitled to an employed person's allowance under clause 2(2)(c) of this Part, the person's average weekly earnings for those weeks in respect of which the person derived earnings in the 12 months immediately preceding the day of the motor accident.(2) For the purposes of this clause, the earnings of a person in respect of any period are taken to be –(a) the remuneration he or she receives in any employment during that period; and(b) the profits he or she receives in respect of the carrying on by him or her, either alone or in conjunction with any other person, of any business or undertaking during that period.
7. Interpretation(1) For the purposes of this Part –(a) the holding of an office of profit is taken to constitute an employment; and(b) in relation to any such office, a reference in this Part to anything done by an employer is to be construed as including a reference to anything done in relation to that office by a person having authority in relation to that office to exercise the powers ordinarily exercisable by a person in relation to other persons in that person's employment.(2) In this Part, a reference to remuneration is to be construed as a reference to emoluments of any kind.(3) [Part 5 of Schedule 1 Amended by S.R. 2005, No. 128, Applied:23 Nov 2005] In this Part –earnings, in respect of a person who has suffered personal injury, does not include an amount that is required to be paid in respect of the person by the person's employer –(a) as a contribution to a superannuation fund in accordance with the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; or(b) to a defined benefits scheme of a superannuation fund.
PART 6 - Disability benefits[Part 6 of Schedule 1 Inserted by S.R. 2002, No. 86, Applied:01 Aug 2002]
1. Prostheses and other appliancesIf 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 careIf 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 careIf 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[Part 6 of Schedule 1 Amended by S.R. 2004, No. 161, Applied:29 Dec 2004] [Part 6 of Schedule 1 Amended by S.R. 2005, No. 128, Applied:23 Nov 2005](1) 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 $400 000 in the aggregate for personal injury to the person resulting directly from a single motor accident.(2) Disability benefits under this Part are only payable in respect of the following:(a) expenses incurred in the Commonwealth;(b) attendant care or domestic services provided in the Commonwealth.
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.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 10 May 2000
These regulations are administered in the Department of Infrastructure, Energy and Resources.