Australian Capital Territory Numbered Acts

LIFETIME CARE AND SUPPORT (CATASTROPHIC INJURIES) ACT 2014 (NO. 11 OF 2014) - SECT 21

    (1)     This section applies if an injured person is or has been an interim participant in the LTCS scheme.

    (2)     Any of the following people may apply to the LTCS commissioner for the injured person to become a lifetime participant in the LTCS scheme:

        (a)     the injured person;

        (b)     someone else on the injured person's behalf;

Examples—par (b)

1     the injured person's parent

2     the injured person's spouse

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

        (c)     an insurer for a motor accident claim made by the injured person in relation to the injury.

Note 1     If a form is approved under s 98 for this provision, the form must be used.

Note 2     A fee may be determined under s 97 for this provision.

Note 3     Motor accident claim , for a motor accident—see the CTP Act

, s 77.

    (3)     The application must be accompanied by a medical certificate and any additional information requested under subsection (6).

Note     If a form is approved under s 98 for this provision, the form must be used.

    (4)     The medical certificate must be completed—

        (a)     not more than 2 months before the date that the application for lifetime participation is made; or

        (b)     if the LTCS commissioner allows another time within which to complete the medical certificate—within the time allowed.

    (5)     However, the LTCS commissioner may waive the requirement for a medical certificate if satisfied that—

        (a)     a certificate is not needed to establish the injured person's eligibility for lifetime participation; and

        (b)     there are exceptional circumstances justifying the waiver.

    (6)     The LTCS commissioner must notify the injured person and any other interested party, in writing, of any additional information that must accompany the application.

    (7)     If the injured person is accepted as a lifetime participant in the LTCS scheme, the injured person—

        (a)     ceases to be an interim participant in the scheme; and

        (b)     is a lifetime participant in the scheme until the end of the person's life.