National Injury Insurance Scheme (Queensland) Bill 2016

Overview

This bill creates a no-fault insurance scheme that pays for lifetime treatment, care and support for people catastrophically injured in Queensland motor vehicle accidents, regardless of who caused the crash. It sets up a new agency and fund paid for by a levy on CTP insurance premiums, and applies to serious injuries suffered from 1 July 2016 onwards.

Who it affects

People with spinal cord injuries, severe brain injuries, major amputations, severe burns or blindness from Queensland car crashes gain guaranteed lifetime care, while motorists pay a new levy on their CTP premium and insurers lose liability for treatment costs.

Key changes

• People catastrophically injured in Queensland motor accidents get lifetime treatment, care and support regardless of fault, covering spinal cord, brain injuries, major amputations, severe burns, blindness and brachial plexus injuries
• A new National Injury Insurance Agency, Queensland is created to assess needs, approve services and make payments directly to providers or participants
• A new levy is added to CTP insurance premiums to fund the scheme, with insurers required to repay 'unearned' premiums collected from 1 July 2015
• Court-awarded damages for treatment, care and support are restricted while a person is in the scheme, but lifetime participants less than 25% at fault can opt out and take a lump sum instead
• Disputes are resolved through internal review by the agency, with medical questions decided by a medical tribunal and other matters by QCAT, with appeals to the courts