South Australia: Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 (SA)

South Australia Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 An Act to provide a scheme for the lifetime treatment, care and support of persons catastrophically injured in motor vehicle accidents; to make related amendments to the Civil Liability Act 1936, the Motor Accident Commission Act 1992, the Motor Vehicles Act 1959, and the Stamp Duties Act 1923; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Treatment, care and support needs 5 Application of Act 6 Persons injured before commencement of Scheme can "buy in" Part 2—Lifetime Support Authority of South Australia Division 1—Establishment of Authority 7 Establishment of Authority 8 Ministerial control Division 2—Board of directors 9 Board of directors 10 Composition of board 11 Conditions of membership 12 Allowances and expenses 13 Validity of acts 14 Proceedings 15 Delegation Division 3—Functions and powers 16 Functions 17 Powers Division 4—Other matters 18 Staff and facilities 19 Advances by Treasurer 20 Borrowing and security for loans 21 Accounts and audit 22 Annual report 23 Code of conduct Part 3—Participation in Scheme 24 Eligibility for participation in Scheme 25 Application to participate in Scheme 26 Acceptance as a participant Part 4—Benefits under Scheme Division 1—Extent of benefits 27 Assessed treatment, care and support needs 28 Payment not required in certain circumstances 29 Approved providers Division 2—Treatment, care and support needs assessments 30 Assessment of treatment, care and support needs 31 Cooperation by participant 32 Requirements under LSS Rules Part 5—Disputes and reviews Division 1—Disputes about non‑medical matters 33 Preliminary 34 Resolution of disputes 35 Review by Tribunal Division 2—Disputes about eligibility 36 Disputes about eligibility 37 Review by Tribunal Division 3—Review of assessments 38 Review of assessments Part 6—Medical and other treatment or care costs 39 Bulk billing arrangements 40 Payment of certain expenses not covered by bulk billing arrangements 41 Maximum fees payable for services not provided at public hospitals Part 7—The Fund Division 1—Establishment of Fund 42 Lifetime Support Scheme Fund Division 2—Contributions associated with motor vehicle injuries 43 Determination by Authority of amount to be contributed to Fund 44 LSS Fund levy 45 Recovery of payments in respect of vehicles not insured under State law 46 Recovery in respect of persons in default Part 8—Miscellaneous 47 No contracting out 48 Release of information 49 Immunity 50 Treasurer's guarantee 51 False or misleading information 52 Absence of participant from Australia 53 Extraterritorial operation of Act 54 Authority to act on behalf of participant 55 Agreements with prescribed authorities 56 LSS Rules 57 Regulations Schedule 1—Expert review panels 1 Interpretation 2 Establishment 3 Constitution 4 Validity of acts 5 Procedures 6 Powers and procedures on a referral 7 Admissibility 8 Support staff and facilities Schedule 2—Related amendments and transitional provisions Part 1—Related amendments 1 Amendment provisions Part 2—Amendment of Civil Liability Act 1936 2 Amendment of section 3—Interpretation 3 Amendment of section 52—Damages for non‑economic loss 4 Insertion of section 56A 56A Additional provisions relating to motor vehicle injuries (economic loss) 5 Amendment of section 58—Damages in respect of gratuitous services 6 Insertion of sections 58A and 58B 58A Limitations on damages for participants in lifetime support scheme 58B Additional provisions relating to death on account of a motor vehicle injury 7 Amendment of section 65—Spouse or domestic partner may claim for loss or impairment of consortium 8 Insertion of Part 9 Division 13 Division 13—Regulations 76 Assessment of motor vehicle injuries 77 Regulations—general provisions Part 3—Amendment of Motor Accident Commission Act 1992 9 Insertion of section 4A 4A Commission to behave as model litigant 10 Amendment of section 14—Functions and objectives of Commission Part 4—Amendment of Motor Vehicles Act 1959 11 Amendment of section 5—Interpretation 12 Amendment of section 20—Application for registration 13 Amendment of section 24—Duty to grant registration 14 Amendment of section 118B—Interpretation of certain provisions where claim made or action brought against nominal defendant 15 Insertion of section 126A 126A Claim for compensation 16 Amendment of section 127—Medical examination of claimants 17 Amendment of section 127A—Control of medical services and charges for medical services to injured persons 18 Insertion of sections 127B and 127C 127B Liability of insurer to pay treatment, care and support costs 127C Control of legal costs 19 Insertion of section 134A 134A Review of scheme Part 5—Amendment of Stamp Duties Act 1923 20 Insertion of Part 3 Division 11 Division 11—LSS Fund levy 82B Interpretation 82C Lodgment of statement and payment of duty Part 6—Transitional provisions 21 Civil Liability Act—transitional provisions 22 Motor Vehicles Act—transitional provisions 23 Contribution to liabilities of Authority—transitional provisions Part 7—Review 24 Review Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013. 3—Interpretation (1) In this Act, unless the contrary intention appears— approved insurer means an approved insurer under Part 4 of the Motor Vehicles Act 1959; approved provider—see section 29; assessed treatment, care and support needs are treatment, care and support needs that apply under section 27(2); attendant care and support services means services that aim to provide assistance to people with everyday tasks and includes (for example) personal assistance, nursing, home maintenance and domestic services; Authority means the Lifetime Support Authority of South Australia established by this Act; board means the board of directors of the Authority; child means a person under the age of 18 years; eligible person means a person who is eligible to be a participant in the Scheme under section 24; excluded treatment, care and support needs—see section 4(2); expert review panel means an expert review panel constituted under Schedule 1; Fund means the Lifetime Support Scheme Fund established under Part 7; health professional means a registered health practitioner under the Health Practitioner Regulation National Law (other than a student); insurer means an insurer in respect of a liability that may be incurred in respect of a motor vehicle injury (including an insurer under a law of a place other than South Australia or under a law of the Commonwealth); LSS Rules means the rules made by the Governor under section 56; medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); Minister for Health means the Minister responsible for the administration of the Health Care Act 2008; motor vehicle accident means the incident caused by or arising out of the use of a motor vehicle that results in a motor vehicle injury; motor vehicle injury means a bodily injury to a person caused by or arising out of the use of a motor vehicle; participant in the Scheme or participant means a person accepted under this Act as a participant in the Scheme (either as a lifetime participant or as an interim participant); private hospital means a private hospital within the meaning of the Health Care Act 2008; public hospital means a hospital incorporated under the Health Care Act 2008; relevant motor vehicle accident means the motor vehicle accident that results in the motor vehicle injury that is relevant for the purposes of the application of this Act in relation to a particular person; Scheme means the Scheme under this Act for the lifetime treatment, care and support of certain persons injured in motor vehicle accidents; third‑party policy means the policy of insurance that applies under Part 4 of the Motor Vehicles Act 1959; treatment, care and support needs—see section 4; treatment, care and support needs assessment means an assessment under Part 4; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. (2) Other words and expressions used in this Act have the meaning assigned to them in section 5, or Part 4, of the Motor Vehicles Act 1959, unless the context otherwise requires or the LSS Rules provide otherwise. (3) Without limiting subsection (2), section 99(3), (3a) and (4) of the Motor Vehicles Act 1959 will apply in relation to this Act in order to determine whether a bodily injury is to be regarded as being caused by or arising out of the use of a motor vehicle. (4) Subsection (3) applies subject to any provision made by the LSS Rules. 4—Treatment, care and support needs (1) For the purposes of this Act, the treatment, care and support needs of a participant in the Scheme are the participant's needs for or in connection with any of the following: (a) medical treatment (including pharmaceuticals); (b) dental treatment; (c) rehabilitation; (d) ambulance transportation; (e) respite care; (f) attendant care and support services; (g) aids and appliances; (h) prostheses; (i) education and vocational training; (j) home and transport modification; (k) workplace modification; (l) such other kinds of treatment, care, support or services as may be prescribed by the regulations for the purposes of this subsection; (m) such other kinds of treatment, care, support or services as may be determined by the Authority (either generally, for specified classes of cases, or for a particular person). (2) Despite subsection (1), but subject to subsection (1)(m), the treatment, care and support needs of a participant do not include any treatment, care, support or services declared by the LSS Rules to be excluded treatment, care and support needs. 5—Application of Act (1) This Act applies to and in relation to— (a) motor vehicle injuries that result from a motor vehicle accident occurring on or after the commencement of this section; and (b) motor vehicle injuries that result from a motor vehicle accident occurring before the commencement of this section where the person who suffered the injury is accepted into the Scheme under section 6. (2) This Act may apply to and in relation to a motor vehicle injury whether or not the injury was caused (wholly or in part) by the fault of the owner or driver of the motor vehicle in the use or operation of the motor vehicle or of any other person, or whether or not the injury can be attributable to the act or omission of any particular person, and so applies even if the injured person was at fault (whether as owner or driver of the vehicle or otherwise). (3) In addition, if a person becomes a participant in the Scheme, this Act applies to and in relation to— (a) any injury that is wholly or predominantly related to the motor vehicle injury that gave rise to the person's participation in the Scheme; and (b) any other injury that, under the LSS Rules, will be covered as part of the person's participation in the Scheme; and (c) without limiting paragraphs (a) and (b) (or any other provisions of this Act), any treatment, care and support needs, or any expenses, that under the LSS Rules will be covered as part of the person's participation in the Scheme. 6—Persons injured before commencement of Scheme can "buy in" (1) A person who has suffered a motor vehicle injury that results from a motor vehicle accident occurring before the commencement of section 5 (a pre‑commencement injury) may be accepted into the Scheme as a lifetime participant in the Scheme if— (a) the person makes an application to the Authority in a manner and form determined by the Authority; and (b) the person provides such information as the Authority may require as part of its assessment of the application; and (c) the Authority determines that it will accept the person into the Scheme under this section; and (d) the person pays to the Authority, for payment into the Fund, a contribution determined by the Authority. (2) In connection with the operation of subsection (1)— (a) acceptance into the Scheme will be for the purpose of providing treatment, care, support and services in relation to the assessed treatment, care and support needs of the person; and (b) the contribution to be paid into the Fund will be an amount that the Authority determines as the amount required to fund the treatment, care and support needs of the person as a lifetime participant in the Scheme in respect of the injury after applying any principle or criteria specified in the LSS Rules. (3) An application made for a person to become a participant in the Scheme in respect of a pre‑commencement injury cannot be made by an insurer. (4) The LSS Rules may make provision for or with respect to any matter that may be convenient in connection with this section (including as to the provision of any information or report that may be relevant in the circumstances). Part 2—Lifetime Support Authority of South Australia Division 1—Establishment of Authority 7—Establishment of Authority (1) The Lifetime Support Authority of South Australia is established. (2) The Authority is a body corporate. (3) The Authority is an instrumentality of the Crown and holds its property on behalf of the Crown. 8—Ministerial control The Authority is subject to the general control and direction of the Minister. Division 2—Board of directors 9—Board of directors (1) The Authority is to have a board of directors. (2) The board is the governing body of the Authority and anything done by the board in the administration of the Authority is taken to be an act of the Authority. 10—Composition of board (1) The board consists of at least 3 but not more than 10 persons appointed by the Governor on the recommendation of the Minister. (2) A person appointed as a member of the board must have such qualifications or experience as are, in the Minister's opinion, necessary to enable the board to carry out its functions effectively. (3) The Governor will appoint 1 member of the board to chair its meetings. (4) The Governor may appoint a suitable person to be the deputy of a member of the board and to act as a member of the board during any period of absence of the member. 11—Conditions of membership (1) A member of the board is appointed on conditions determined by the Governor and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment. (2) The Governor may remove a member of the board from office— (a) for breach of, or non‑compliance with, a condition of appointment; or (b) for mental or physical incapacity to carry out duties of office satisfactorily; or (c) for misconduct; or (d) for neglect of duty. (3) The office of a member of the board becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is convicted of an indictable offence; or (e) is sentenced to imprisonment for an offence; or (f) becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or (g) is removed from office under subsection (2). (4) On the office of a member of the board becoming vacant, a person must be appointed, in accordance with this Act, to the vacant office. 12—Allowances and expenses (1) A member of the board is entitled to fees, allowances and expenses approved by the Governor. (2) The fees, allowances and expenses are payable out of the Lifetime Support Scheme Fund. 13—Validity of acts An act or proceeding of the board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 14—Proceedings (1) Three members of the board constitute a quorum of the board and no business may be transacted at a meeting of the board unless a quorum is present. (2) The member appointed to chair meetings of the board will preside at meetings of the board or, in the absence of that member, a member chosen to preside by those present. (3) A decision carried by a majority of the votes cast by members at a meeting is a decision of the board. (4) Each member present at a meeting of the board has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote. (5) A telephone or video conference between members of the board constituted in accordance with procedures determined by the board will, for the purposes of this section, be taken to be a meeting of the board at which the participating members are present. (6) A resolution of the board— (a) of which prior notice was given to all members of the board in accordance with procedures determined by the board; and (b) in which a majority of the members of the board expressed their concurrence in writing, will be taken to be a decision of the board made at a meeting of the board. (7) The board must have accurate minutes kept of its proceedings. (8) Subject to this section, the board may determine its own procedures. 15—Delegation (1) The board may delegate any of its functions or powers. (2) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. (3) A delegation— (a) may be made— (i) to a particular person or body; or (ii) to the person for the time being occupying a particular office or position; and (b) may be made subject to conditions or limitations specified in the instrument of delegation; and (c) is revocable at will and does not derogate from the power of the board to act in any matter. Division 3—Functions and powers 16—Functions The Authority has the following functions: (a) to monitor the operation of the Scheme; (b) to provide advice to the Minister about the administration, efficiency and effectiveness of the Scheme; (c) to provide support and funding for— (i) programs that will provide high‑quality services to participants in the Scheme; and (ii) research and education in connection with services provided to participants in the Scheme; (d) to disseminate information about the Scheme; (e) to keep the LSS Rules under review; (f) to be responsible for the Fund; (g) other functions conferred on the Authority by or under this or any other Act. 17—Powers The Authority has all the powers of an individual and, in particular, may— (a) enter into any form of contract or arrangement; and (b) engage experts and consultants; and (c) acquire, hold, deal with or dispose of real or personal property; and (d) establish and operate ADI accounts and invest money; and (e) do anything necessary or convenient to be done in the exercise of its functions. Division 4—Other matters 18—Staff and facilities (1) The Authority may engage persons to be members of its staff on terms and conditions determined by the Authority. (2) The Authority may— (a) by arrangement with the appropriate authority, make use of the services, facilities or staff of a government department, agency or instrumentality; or (b) with the approval of the Minister, make use of the services, facilities or staff of any other entity. 19—Advances by Treasurer (1) The Treasurer may advance money to the Authority (by way of grant or loan) on terms and conditions determined by the Treasurer in consultation with the board. (2) An amount advanced to the Authority under subsection (1) will be paid out of the Consolidated Account which is appropriated by this section to the necessary extent. 20—Borrowing and security for loans Except as approved by the Treasurer, the Authority may not borrow money or give security for the repayment of a loan. 21—Accounts and audit (1) The board must cause proper accounts to be kept of the Authority's financial affairs. (2) The Auditor‑General may at any time, and must in respect of each financial year, audit the accounts and financial statements of the Authority. 22—Annual report (1) The board must, on or before 30 September in each year, deliver to the Minister a report on the operations of the Authority during the preceding financial year. (2) The report must contain the audited accounts and financial statements for the financial year. (3) The Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after his or her receipt of the report. 23—Code of conduct (1) The Authority must develop and maintain a code of conduct that sets out— (a) the procedures that will be adopted by the Authority to assist people to assess whether they are eligible to be participants in the Scheme; and (b) the procedures that will be adopted by the Authority to assess the needs of participants in the Scheme and to ensure that participants are appropriately assisted under the Scheme; and (c) other steps that will be taken by the Authority to ensure that the Authority interacts with people in a constructive and supportive manner. (2) The code must also include— (a) a process for receiving and managing any complaints that may be made to the Authority about how the Authority has exercised a function or power under this Act; and (b) any other material that the Minister considers should be included in the code. (3) The Authority may amend or replace the code. (4) The code (including any amendment or replacement) is to be published in the Gazette. (5) The Minister must, within 12 sitting days after the publication of the code, or of any amendment or replacement, cause a copy of the code or the amendment (as the case requires) to be laid before both Houses of Parliament. Part 3—Participation in Scheme 24—Eligibility for participation in Scheme (1) A person is eligible to be a participant in the Scheme if— (a) the person suffers a bodily injury; and (b) the injury was caused by or arose out of the use of a motor vehicle; and (c) the relevant motor vehicle accident occurred in South Australia; and (d) the coverage of this Act is not excluded under subsection (5); and (e) the injury suffered by the person satisfies the criteria specified by the LSS Rules for eligibility for the Scheme provided by this Act. (2) Participation in the Scheme may be as a lifetime participant or as an interim participant and, for that purpose, the LSS Rules are to establish criteria for eligibility for lifetime participation and criteria for eligibility for interim participation in the Scheme. (3) A person is not eligible to be a participant in the Scheme in relation to an injury if the person has been awarded damages, pursuant to a final judgment entered by a court or a binding settlement, in respect of the future treatment, care and support needs of the person that relate to the injury. (4) Subsection (3) does not apply to a person who has applied to be accepted into the Scheme under section 6. (5) For the purposes of subsection (1), the coverage of this Act is excluded in relation to— (a) a motor vehicle injury suffered by a participant in a road race; or (b) a motor vehicle injury that is also a work injury under the Return to Work Act 2014 (other than to such extent as applies under section 55). 25—Application to participate in Scheme (1) An application for an eligible person to become a participant in the Scheme in respect of motor vehicle injury— (a) is to be made to the Authority; and (b) may only be made by— (i) the person (or a person with lawful authority to act on his or her behalf); or (ii) an insurer under a policy of insurance in respect of a motor vehicle involved in the relevant motor vehicle accident; or (iii) the nominal defendant. (2) An application under subsection (1)(b)(ii) or (iii) does not require the consent of the eligible person. (3) An application— (a) must be made in a manner and form determined by the Authority; and (b) must be accompanied by any information required by the Authority. (4) The Authority may, on receipt of an application under this section, require the applicant or, if the applicant is an insurer or the nominal defendant, the person to whom the application relates (or a person with lawful authority to act on his or her behalf)— (a) to provide such information as the Authority may require as part of its assessment of the application; and (b) to provide such consents or other authorisations as the Authority may require in order to obtain information that the Authority may require as part of its assessment of the application. (5) The information required under subsection (4) may include— (a) the provision of a report that is to be prepared in view of the application; (b) the provision of any other report or document that may be relevant in the circumstances. (6) The LSS Rules may make provision for or with respect to applications to become a participant in the Scheme, including provision for or with respect to— (a) the making and determination of applications, including the period within which an application must be made; and (b) requiring an insurer or the nominal defendant to pay the costs of any assessment or report required by the Authority in connection with an application; and (c) imposing restrictions on the time within which an application can be made or requiring the deferring of the making of an application until an injury has stabilised. (7) The LSS Rules must at least permit an initial application to become a participant in the Scheme to be made within 3 years from the date of the relevant motor vehicle accident (or within a longer period specified by the LSS Rules). 26—Acceptance as a participant (1) A person becomes a participant in the Scheme if the Authority is satisfied that the person is eligible to be a participant and accepts the person in writing as a participant in the Scheme. (2) The Authority must accept a person as a participant in the Scheme if the Authority is satisfied— (a) that the person is eligible to be a participant; and (b) that application for the person to be a participant has been duly made. (3) A person will be accepted as— (a) a lifetime participant; or (b) an interim participant, according to the person's eligibility. (4) A person accepted as an interim participant must be accepted as a lifetime participant if the Authority becomes satisfied during the person's interim participation in the Scheme that the person is eligible for lifetime participation in the Scheme. (5) A person accepted as a lifetime participant in the Scheme remains a participant for life. (6) Subject to subsection (7), a decision as to whether an interim participant should be accepted as a lifetime participant should be made at an appropriate time after the person's injury has stabilised, as determined in accordance with the LSS Rules. (7) The LSS Rules may provide that a person will cease to be an interim participant if he or she has not been accepted as a lifetime participant within a period determined under the LSS Rules. (8) The expiration of a period of interim participation in the Scheme does not prevent subsequent acceptance of the person as a lifetime participant in the Scheme. (9) If a person who is an interim participant is accepted as a lifetime participant, the person ceases to be an interim participant on that acceptance and then remains a participant for life. (10) The LSS Rules must provide that any period for which a person is an interim participant in the Scheme will be added to the period for which an application may be made to become a lifetime participant. (11) Any period for which a person is an interim participant in the Scheme will be added to the period of 3 years applying under section 36 of the Limitation of Actions Act 1936 (and that section will be taken to have been modified accordingly). Part 4—Benefits under Scheme Division 1—Extent of benefits 27—Assessed treatment, care and support needs (1) The Authority is to pay for all the necessary and reasonable expenses incurred by or on behalf of a person in relation to the assessed treatment, care and support needs of the person while the person is a participant in the Scheme. (2) The assessed treatment, care and support needs of a person who is a participant in the Scheme are those treatment, care and support needs assessed by the Authority, in its treatment, care and support needs assessment, to be treatment, care and support needs that— (a) are necessary and reasonable in the circumstances; and (b) relate to the injury or injuries to which this Act applies. (3) The Authority is not liable for any expenses in respect of— (a) excluded treatment, care and support needs; or (b) treatment, care and support needs that are not assessed treatment, care and support needs; or (c) treatment, care and support needs excluded from the operation of this section by the LSS Rules. (4) Without limiting subsection (3), subsections (1) and (2) operate subject to— (a) any criteria set out in the LSS Rules that make provision for or with respect to determining which treatment, care and support needs of a participant in the Scheme— (i) are necessary and reasonable in the circumstances; and (ii) relate to the injury or injuries to which this Act applies; and (b) any monetary or other limits placed on the provision of particular treatment, care and support needs to a participant in the Scheme set out in the LSS Rules; and (c) any provision made by the LSS Rules as to how expenses are to be paid or covered. (5) As an alternative to paying the expenses for which it is liable under this section as and when they are incurred, the Authority may pay those expenses by the payment to the participant of an amount to cover those expenses over a fixed period pursuant to an agreement between the Authority and the participant for the payment of those expenses by the participant (and this will satisfy any liability that would otherwise arise in relation to the matters to which the agreement relates). 28—Payment not required in certain circumstances (1) The Authority is not required to make a payment in relation to any of the following: (a) any treatment, care, support or service provided to a participant in the Scheme on a gratuitous basis (that is, anything provided to a participant for which the participant has not paid and is not liable to pay); (b) in the case of a child—any treatment, care, support or service that would ordinarily fall within the ordinary costs of raising a child; (c) any treatment, care, support or service that is required to be provided by an approved provider but is provided by a person who is not, at the time of provision, an approved provider; (d) any treatment, care, support or service that is provided in contravention of the LSS Rules. (2) However, the Authority may elect to make a payment in relation to any treatment, care, support or service referred to in subsection (1) if the Authority considers that such a payment is justified in the circumstances. (3) The LSS Rules may make provision for or with respect to determining whether a payment is justified under subsection (2). (4) Subsection (1)(c) does not apply in relation to services provided— (a) by a medical practitioner; or (b) by a person acting in circumstances allowed under the LSS Rules. (5) To avoid doubt, subsection (1) applies even if the treatment, care, support or services concerned are provided in connection with the assessed treatment, care and support needs of a participant in the Scheme. (6) The Authority is not required to pay for any treatment, care, support or service provided to a person while the person's participation in the Scheme is suspended. (7) In this section— ordinary costs of raising a child include all costs associated with the child's care, upbringing, education and advancement in life other than costs reasonably incurred because the child has suffered the injury or injuries to which this Act applies. 29—Approved providers (1) The Authority may approve— (a) specified persons; or (b) persons of a specified class, to provide the treatment, care, support or services under the Scheme that are identified under the LSS Rules as treatment, care, support or services that are to be provided by an approved provider. (2) The LSS Rules may also make provision for or with respect to— (a) the standards of competency of approved providers; and (b) the matters that relate to applications for approval under this section. (3) An approval may be granted on conditions or limitations determined by the Authority. (4) An approved provider must not, without reasonable excuse, contravene or fail to comply with a condition or limitation of the approval. Maximum penalty: $10 000. (5) The Authority may, in accordance with the LSS Rules— (a) vary a condition of approval; (b) revoke an approval. (6) A condition of approval may be varied by the addition, substitution or deletion of 1 or more conditions. Division 2—Treatment, care and support needs assessments 30—Assessment of treatment, care and support needs (1) The Authority is to make an assessment of the treatment, care and support needs of a participant in the Scheme (as required from time to time). (2) The assessment must relate to those treatment, care and support needs that— (a) are necessary and reasonable in the circumstances; and (b) relate to the injury or injuries to which this Act applies. (3) The Authority is to certify in writing as to its assessment of the treatment, care and support needs of the participant, including its reasons for any finding on which the assessment is based, and is to give a copy of the certificate to the participant. (4) The Authority may appoint or engage health professionals and other suitably qualified persons to act as assessors for the purposes of this Part (and a decision by an assessor acting under this section will be taken to be a decision of the Authority). 31—Cooperation by participant A participant in the Scheme must comply with any reasonable request made by the Authority or an assessor in connection with an assessment of the treatment, care and support needs of the participant, including a request to undergo a medical examination or other examination by a health professional or other suitably qualified person. 32—Requirements under LSS Rules (1) The LSS Rules may make provision for or with respect to the assessment of the treatment, care and support needs of a participant in the Scheme. (2) In particular, the LSS Rules may make provision for or with respect to the following: (a) the procedures to be followed in connection with such an assessment; (b) the intervals at which such assessments are to be carried out and the review of assessments from time to time as occasion requires; (c) the methods and criteria to be used to determine the treatment, care and support needs of participants; (d) the information to be provided by participants in connection with assessments; (e) the suspension of the participation of a person in the Scheme if the person fails to comply with a requirement specified by the LSS Rules in connection with an assessment of the treatment, care and support needs of the person (including to undergo a medical examination or other examination by a health professional or other suitably qualified person). (3) An assessment of the treatment, care and support needs of a participant in the Scheme is to be carried out in accordance with the LSS Rules. Part 5—Disputes and reviews Division 1—Disputes about non‑medical matters 33—Preliminary (1) In this Division— relevant determination means— (a) a threshold determination; or (b) a determination of the Authority that results in the suspension of the participation of a person in the Scheme; or (c) a determination prescribed by the regulations for the purposes of this definition; threshold determination means a determination by the Authority as to any of the following: (a) whether a person is eligible to be a participant in the Scheme under section 24(1)(a); (b) whether an incident that results in bodily injury is an incident that was caused by or arose out of the use of a motor vehicle; (c) whether a person is eligible to be a participant in the Scheme under section 24(1)(c) or (d); (d) whether an application by a person to become a participant in the Scheme has been made within a relevant period specified by the LSS Rules. (2) The following are interested parties in relation to a relevant determination: (a) in relation to a threshold determination— (i) the person to whom an application under this Act relates; and (ii) an insurer or the nominal defendant; (b) in relation to any other determination—the person to whom the determination relates. 34—Resolution of disputes (1) If there is a dispute about a relevant determination, an interested party in relation to the determination may apply at first instance to have the dispute reviewed by a review officer. (2) An application must be made in a manner and form prescribed by the LSS Rules. (3) Notice of an application must be given to any other interested party in relation to the determination and any such interested party may, on application made in accordance with the LSS Rules, become a party to the dispute. (4) For the purposes of a review by a review officer, the review officer— (a) may adopt such procedures as the review officer thinks fit; and (b) is not bound by the rules of evidence but may inform himself or herself in any way that the review officer considers appropriate. (5) Without limiting subsection (4), a review officer may require a person to appear before the review officer at a specified time and place to answer questions or to produce material (or both). (6) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (5). Maximum penalty: $5 000. (7) At the completion of the review proceedings, the review officer may— (a) confirm or vary the determination to which the proceedings relate; or (b) revoke the determination to which the proceedings relate and substitute another determination. (8) The outcome of the review must be incorporated into a written determination setting out the review officer's reasons for his or her determination. (9) The costs of any proceedings before a review officer under this section are payable by the Authority. (10) The costs to which subsection (9) applies— (a) include the necessary costs and expenses of travel and accommodation incurred by the person to whom the application under this Act relates, and by a carer of such a person (which may include a parent) in order to accompany and support the person, in attending before a review officer; but (b) do not include— (i) any costs associated with being represented before a review officer; or (ii) any costs excluded from the operation of subsection (9) by the regulations. (11) For the purposes of this section, the Authority must assign or appoint persons to act as review officers (who may, but need not, be members of the staff of the Authority). 35—Review by Tribunal (1) A party to a dispute to which a determination of a review officer under this Division relates may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the determination of the review officer. (2) An application for review must be made within 28 days of the date of the determination of the review officer. Division 2—Disputes about eligibility 36—Disputes about eligibility (1) If there is a dispute— (a) about whether an injury results from a motor vehicle accident or is attributable to some other condition, event, incident or factor; or (b) about whether an injury suffered by a person satisfies the criteria specified by the LSS Rules for eligibility for the Scheme provided by this Act; or (c) about the relationship between 2 or more injuries, including whether an injury is wholly or predominantly related to a motor vehicle injury; or (d) without limiting a preceding paragraph—about whether an injury falls within, or is excluded from, the coverage of this Act under the LSS Rules; or (e) about a matter prescribed by the regulations, the dispute may be referred to an expert review panel. (2) The dispute may be referred— (a) by the Authority; or (b) by notice to the Authority given— (i) by or on behalf of an injured person; or (ii) by an insurer or the nominal defendant. (3) A notice under subsection (2)(b) must comply with any requirement prescribed by the LSS Rules. (4) The expert review panel to which a dispute is referred for determination is to determine the dispute and give a certificate as to its determination setting out the reasons for its determination. (5) The costs of any proceedings before an expert review panel under this section are payable by the Authority. (6) The costs to which subsection (5) applies— (a) include the necessary costs and expenses of travel and accommodation incurred by the injured person, and by a carer of the injured person (which may include a parent) in order to accompany and support the person, in attending before an expert review panel (or a member of an expert review panel); but (b) do not include— (i) any costs associated with being represented before an expert review panel; or (ii) any costs excluded from the operation of subsection (5) by the regulations. 37—Review by Tribunal (1) Subject to subsection (2), a person may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of a determination of an expert review panel under this Division that a person is ineligible or otherwise does not qualify to participate in the Scheme. (2) An application for review by the Tribunal may only be made by or on behalf of the person to whom the determination relates. (3) An application for review must be made within 28 days of the date of the determination of the expert review panel. Division 3—Review of assessments 38—Review of assessments (1) A participant in the Scheme may apply to have an assessment of the Authority about the treatment, care and support needs of the participant under Part 4 reviewed by an expert review panel. (2) An application must be made in a manner and form prescribed by the LSS Rules. (3) The application must be made within 28 days after the participant is given notice of the assessment of the participant's treatment, care and support needs (unless an extension of time is allowed under the LSS Rules). (4) On a review, the expert review panel may— (a) confirm or vary the assessment; or (b) revoke the assessment and substitute its own assessment. (5) The expert review panel must give a certificate as to the outcome of the review setting out the reasons for any decision or assessment made by the expert review panel under this section. (6) The Authority must, to such extent (if any) as may be necessary, revise its assessment of the treatment, care and support needs of the participant to give effect to the outcome of a review by an expert review panel. (7) A decision or assessment of an expert review panel under this section is final and binding for the purposes of this Act and any proceedings under this Act. (8) Subsection (7) does not apply in relation to any proceedings for judicial review and does not prevent or restrict a court from exercising any judicial power or from determining a matter according to law. (9) An expert review panel undertaking a review under this section must act consistently with, and apply, any relevant provision of the LSS Rules. (10) The costs of any proceedings before an expert review panel under this section are payable by the Authority. (11) The costs to which subsection (10) applies— (a) include the necessary costs and expenses of travel and accommodation incurred by the participant, and by a carer of the participant (which may include a parent) in order to accompany and support the participant, in attending before an expert review panel (or a member of an expert review panel); but (b) do not include— (i) any costs associated with being represented before an expert review panel; or (ii) any costs excluded from the operation of subsection (10) by the regulations. Part 6—Medical and other treatment or care costs 39—Bulk billing arrangements (1) Bulk billing arrangements may be entered into by the Authority with respect to— (a) the payment of expenses incurred in connection with the treatment of participants in the Scheme at public hospitals; or (b) the payment of expenses incurred in transporting participants in the Scheme by ambulance; or (c) the payment of other treatment expenses incurred by participants in the Scheme. (2) A bulk billing arrangement is an arrangement with the Minister for Health, service providers or others acting on their behalf for the payment by the Authority of any such expenses of participants in the Scheme at the rate provided by the arrangement. (3) For the purposes of this section, the treatment or transport of participants in the Scheme includes the treatment or transport of persons classified as participants in the Scheme in accordance with a bulk billing arrangement. 40—Payment of certain expenses not covered by bulk billing arrangements (1) This section applies to— (a) payment for the treatment of participants in the Scheme at public hospitals; and (b) payment for conveying participants in the Scheme by ambulance; and (c) payment for any medical or dental treatment of, or rehabilitation services provided to, participants in the Scheme, in any case where payment for the expenses concerned has not been made, and is not required to be made, in accordance with a bulk billing arrangement under this Part. (2) The rate at which such a payment is required to be made by the Authority under this Act is as follows: (a) in the case of treatment at public hospitals—at the rate determined by the Minister for Health by order published in the Gazette; (b) in any case in which a maximum rate is fixed under section 41—at the maximum rate so fixed; (c) in the case to which a rate referred to in paragraph (a) or (b) does not apply—at the rate reasonably appropriate to the treatment or service having regard to the customary charge made in the community for the treatment or service. (3) If the Authority does not make a payment under subsection (2), the person or body that provided the treatment or service to which the payment relates may recover the payment from the Authority as a debt in a court of competent jurisdiction. 41—Maximum fees payable for services not provided at public hospitals (1) This section applies to— (a) the fee payable for any medical treatment of a participant in the Scheme; and (b) the fee payable for any dental treatment of a participant in the Scheme; and (c) the fee payable for any rehabilitation service provided to a participant in the Scheme; and (d) the fees payable for any attendant care and support services provided to a participant in the Scheme; and (e) the fees payable for any other services identified by the Minister for the purposes of this section by notice published in the Gazette— (i) on the recommendation of the Authority; and (ii) after consultation with the Minister for Health, but does not apply to any such treatment or service that is provided at a public hospital (whether to an in‑patient or out‑patient) and for which any payment is required to be made to the hospital and not to the treatment or service provider. (2) This section also applies to the fee payable to a private hospital for any treatment at the hospital. (3) The Minister may, by notice published in the Gazette— (a) on the recommendation of the Authority; and (b) after consultation with the Minister for Health, fix the maximum amount for which the Authority is liable in respect of any claim for fees to which this section applies. (4) Any such fees may (but need not) be fixed by reference to fees recommended by a professional association recognised by the Minister for the purposes of this section or by reference to any other scale of fees. (5) A payment by the Authority in respect of a service provided in connection with the treatment, care and support needs of a participant in the Scheme is to be made consistently with any notice published under subsection (3). Part 7—The Fund Division 1—Establishment of Fund 42—Lifetime Support Scheme Fund (1) The Authority must establish and maintain a fund entitled the Lifetime Support Scheme Fund. (2) The Fund will consist of— (a) the levies paid to the Authority under this Part; and (b) any income and accretions produced by the investment of money from the Fund; and (c) any money advanced to the Authority for the purposes of the Fund; and (d) other money received by the Authority under, or in connection with, this Act; and (e) other money required to be paid into the Fund by or under this or any other Act. (3) The Fund is to be applied towards— (a) all payments required to be made by the Authority for the purposes of Part 4; and (b) the costs incurred by the Authority in performing its functions under this Act; and (c) the costs of the system of assessment, dispute resolution or review under this Act; and (d) without limiting paragraph (c), a contribution to the costs associated with the establishment and operation of expert review panels, determined by the Minister from time to time after consultation with the Authority; and (e) the duty imposed under Part 3 Division 11 of the Stamp Duties Act 1923; and (f) any other costs or liabilities prescribed by the regulations for the purposes of this subsection; and (g) all other money required or authorised by or under this or any other Act to be paid from the Fund. (4) The Authority may invest money that is not immediately required for the purposes of the Fund as the Authority thinks fit. (5) The Treasurer may, until there are sufficient funds in the Fund to meet the liabilities of the Fund, or at any other time considered appropriate by the Treasurer, lend money (from time to time) to the Authority on such terms and conditions as the Treasurer may determine. (6) The Treasurer may charge a fee of such amount as the Treasurer thinks fit in respect of any loan made to the Authority under subsection (5). Division 2—Contributions associated with motor vehicle injuries 43—Determination by Authority of amount to be contributed to Fund (1) The Authority is to determine, before the beginning of each relevant period, an amount that the Authority considers is required to be contributed to the Fund— (a) to fund the present and likely future liabilities of the Authority under Part 4 in respect of persons who become participants in the Scheme in respect of motor vehicle injuries suffered during that period; and (b) to meet the payments required to be made from the Fund (other than excluded payments or payments under Part 4) during that period (to the extent that liability for any such payment has not been covered under paragraph (a)); and (c) to satisfy the requirement to make any payment of duty under Part 3 Division 11 of the Stamp Duties Act 1923 in relation to the relevant period; and (d) to make provision for such other matters as the Authority should, in all the circumstances, make provision for under this Division in connection with any liability of the Authority under this Act (including so as to make provision for any past liability that would otherwise be unfunded). (2) The Authority's determination in respect of a relevant period is to be made— (a) in accordance with a report of an independent actuary engaged by the Authority after consultation with the Treasurer to report to the Authority on the amount required to be contributed to the Fund as referred to in subsection (1); and (b) after applying any principle or requirement specified by the Minister by notice in the Gazette for the purposes of this section; and (c) after taking into account any other payments that may be made by another body or person in connection with the operation of this Act. (3) The Authority must, once it has made a determination under this section, embody the terms of that determination in a report furnished to the Minister before the beginning of the relevant period. (4) The Minister must, on receipt of a report under subsection (3) and after taking into account such matters (including matters not covered by the report) as the Minister thinks fit, after consultation with the Treasurer, determine an amount that should be paid to the Authority for contribution to the Fund for the relevant period (the required fund contribution). (5) If the Minister, in acting under subsection (4), makes a determination that is inconsistent with the determination embodied in the Authority's report under subsection (3), the Authority must include a report on the matter in its annual report. (6) In this section— excluded payments means any payments— (a) that relate to a person who is a participant in the Scheme under section 6; or (b) that relate to any other matter (if any) prescribed by the regulations for the purposes of this definition; relevant period means a financial year or such other period as the Authority determines from time to time, after consultation with the Minister, to be a relevant period for the purposes of this section. (7) Relevant periods can be determined so as to overlap but there must be no gap between successive relevant periods and each relevant period must be no longer than 12 months. 44—LSS Fund levy (1) The required fund contribution for a relevant period is to be made by the payment to the Authority of a levy (the LSS Fund levy) that is imposed on all persons who apply for any of the following under the Motor Vehicles Act 1959: (a) the registration of a motor vehicle; (b) an exemption from registration in respect of a motor vehicle; (c) a permit in respect of a motor vehicle. (2) The LSS Fund levy payable by a person is to be an amount calculated under a scheme determined by the Minister after consultation with the Treasurer and the Authority, and the total of all LSS Fund levies with respect to a relevant period must aim to be an amount that will result in the required fund contribution for the relevant period being contributed to the Fund. (3) Without limiting subsection (2), a scheme under this section may provide for a differentiation that applies according to any classification or criteria determined by the Minister. (4) The amounts to be recovered under this section will be payable at the time of any application that falls within the ambit of subsection (1) and will be collected by the Registrar at the time that any such application is made. (5) The Registrar must, subject to subsection (6), pay to the Authority the LSS Fund levies collected by the Registrar under this section. (6) The Registrar will retain out of the amount to be paid to the Authority such administration expenses as are determined by the Treasurer for the purposes of this section. 45—Recovery of payments in respect of vehicles not insured under State law (1) The Authority is entitled to recover from the appropriate person as a debt due to the Authority the present value of its treatment, care and support liabilities in respect of the motor vehicle injury of a participant in the Scheme if— (a) the injury was caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle; and (b) at the time of a motor vehicle accident the motor vehicle was not insured in accordance with the requirements of Part 4 of the Motor Vehicles Act 1959. (2) If the participant suffered the motor vehicle injury as a result of the participant's contributory negligence, the amount that the Authority is entitled to recover under this section is to be reduced in proportion to the participant's share in the responsibility for the injury. (3) If the participant suffered the motor vehicle injury as a result partly of the fault of a person (other than the owner or driver of a motor vehicle), the Authority is entitled to recover from that person as a debt due to the Authority such proportion of the present value of its treatment, care and support liabilities in respect of the injury as corresponds to the person's share in the responsibility for the injury. (4) The present value of the Authority's treatment, care and support liabilities in respect of a motor vehicle injury is the sum of the following amounts: (a) amounts already paid by the Authority under Part 4 in respect of the treatment, care and support needs associated with the injury; and (b) the present value of the amounts that the Authority estimates will be payable by the Authority in the future under Part 4 in respect of the treatment, care and support needs associated with the injury. (5) The appropriate person from whom the Authority may recover is the person who at the time of the motor vehicle accident was the owner of the motor vehicle or, if at that time some other person was driving the motor vehicle, the owner and the driver jointly or either of them severally. (6) It is a sufficient defence in any proceedings to recover under this section against the owner (whether severally or jointly with the driver) of a motor vehicle if the owner establishes to the satisfaction of the court that, at the time of the occurrence, some other person was driving the motor vehicle without the owner's authority. (7) It is a sufficient defence in any proceedings to recover under this section against the driver of a motor vehicle (whether severally or jointly with the owner) if the driver establishes to the satisfaction of the court that, at the time of the occurrence, the driver was driving the motor vehicle with the authority of the owner (or had reasonable grounds for believing and did in fact believe that the driver had such authority) and that the driver had reasonable grounds to believe and did in fact believe that the motor vehicle was insured in accordance with the requirements of Part 4 of the Motor Vehicles Act 1959. (8) The Authority is not entitled to recover under this section from the owner or driver of a motor vehicle that, at the relevant time, was not required to be registered or was exempt from registration or, if required to be registered, was not required to be insured under the Motor Vehicles Act 1959. (9) The certificate of the Authority as to the present value of the Authority's treatment, care and support liabilities in respect of an injury is evidence of the matters certified for the purposes of any proceedings in connection with this section. (10) This section does not permit the Authority to recover the present value of its treatment, care and support liabilities in respect of injuries to a participant in the Scheme if the participant paid an amount to the Authority under section 6 in respect of those injuries. 46—Recovery in respect of persons in default (1) If— (a) an approved insurer or the nominal defendant has a right of recovery against a person (the relevant person) under a designated section; and (b) the person who suffered a bodily injury in relation to which the right of recovery applies becomes a participant in the Scheme, then the Authority may exercise the same right of recovery against the relevant person for the present value of its treatment, care and support liabilities in respect of the participant in the Scheme as the approved insurer or nominal defendant has under the designated section. (2) The present value of the Authority's treatment, care and support liabilities in respect of a participant in the Scheme is the sum of— (a) amounts already paid by the Authority under Part 4 in respect of the treatment, care and support needs of the participant; and (b) the present value of the amounts that the Authority estimates will be payable by the Authority in the future under Part 4 in respect of the treatment, care and support needs of the participant. (3) The certificate of the Authority as to the present value of the Authority's treatment, care and support liabilities in respect of an injury is evidence of the matters certified for the purposes of any proceedings in connection with this section. (4) For the purposes of this section, a designated section will apply in relation to a right of recovery by the Authority— (a) as if a reference to an insurer or the nominal defendant (as the case may require) were a reference to the Authority; and (b) subject to such other modifications or exclusions as may be prescribed by regulation made under this section. (5) In this section— designated section means— (a) section 116; or (b) section 124A, of the Motor Vehicles Act 1959. Part 8—Miscellaneous 47—No contracting out This Act applies despite any contract to the contrary. 48—Release of information (1) The Authority is authorised to disclose or release— (a) information concerning the treatment, care and support needs of participants (including the expenses that are paid or payable by the Authority under the Scheme in relation to those needs) to such persons, and subject to such conditions, as the Authority thinks fit; and (b) other information under an authorisation (if any) prescribed by the regulations. (2) An insurer is authorised to disclose or release to the Authority information that it has obtained under the Motor Vehicles Act 1959 in relation to a person who may become, or who has become, a participant in the Scheme. 49—Immunity (1) A matter or thing done or omitted to be done by an assessor, a review officer or a member of an expert review panel under this Act in the performance or exercise of a function or power under this Act does not, if the matter or thing was done or omitted in good faith, subject the assessor, review officer or member of the panel personally to any action, liability, claim or demand. (2) Any liability that would attach to a person were it not for the operation of subsection (1) attaches instead to the Crown. 50—Treasurer's guarantee (1) Liabilities incurred or assumed by the Authority in pursuance of this Act are guaranteed by the Treasurer. (2) A liability of the Treasurer under a guarantee arising by virtue of subsection (1) will be satisfied out of the Consolidated Account which is appropriated by this section to the necessary extent. (3) The Treasurer may, from time to time, after consultation with the board, fix charges to be paid by the Authority in respect of the guarantee provided under this section and determine the times and manner of their payment. 51—False or misleading information A person must not— (a) provide to the Authority or any other person who is performing or exercising a function or power under this Act information that the person knows is false or misleading in a material particular; or (b) refuse or fail to include in information provided to a person who is performing or exercising a function or power under this Act other information without which the information provided is, to the knowledge of the person, false or misleading in a material particular. Maximum penalty: $10 000. 52—Absence of participant from Australia (1) If a participant in the Scheme is to be absent from Australia, the participant must, at least 28 days before leaving Australia, give the Authority notice of the proposed absence in accordance with the LSS Rules. (2) The Authority may, if the Authority considers that action under this subsection is justified— (a) waive or reduce the period that applies under subsection (1) in relation to a particular person in a particular case; (b) suspend the participation of a person in the Scheme while the person is absent from Australia (whether or not notice has been given in accordance with this section). 53—Extraterritorial operation of Act It is the intention of Parliament that the operation of this Act is to include, as far as possible, operation in relation to the following: (a) things situated in or outside the territorial limits of this jurisdiction; (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction; (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction. 54—Authority to act on behalf of participant Without limiting any other provision or law, any authorisation or step that may be given or taken under this Act by a