MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 3EA
MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 3EA
3EA . Restrictions on damages if payments received under CISS
(1) In this section
—
interim participant means a person who under the
MV(CI) Act is an interim participant in the CISS;
lifetime participant means a person who under the
MV(CI) Act is a lifetime participant in the CISS;
treatment, care and support needs means —
(a)
treatment, care and support needs as defined in the MV(CI) Act section 3(1);
and
(b)
excluded treatment, care and support needs as defined in that section.
(2) Without limiting
the meaning given in subsection (1) to the term treatment, care and support
needs it includes gratuitous services of a domestic nature or gratuitous
services relating to nursing and attendance provided, or to be provided, to a
person by a member of the same household or family as the person.
(3) Subsection (4)
applies to the awarding of damages in respect of bodily injury to a person
directly caused by, or by the driving of, a motor vehicle if the person
—
(a) has
ceased to be an interim participant in respect of the bodily injury; and
(b) has
not become a lifetime participant in respect of the bodily injury.
(4) No damages are to
be awarded to the person in respect of any treatment, care and support needs
of the person that relate to the bodily injury and that arose during the
period in respect of which the person was an interim participant.
(5) Subsection (4)
applies —
(a)
whether or not the treatment, care and support needs are assessed treatment,
care and support needs; and
(b)
whether or not the Commission is required to make a payment in respect of the
treatment, care and support needs; and
(c)
whether or not any treatment, care, support or service is provided on a
gratuitous basis.
(6) If subsection (4)
applies a court is not to award damages to a person contrary to that
subsection.
[Section 3EA inserted: No. 8 of 2016 s. 45.]