Page 364 - Week 02 - Tuesday, 14 February 2017
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The Nominal Defendant deals with compulsory third-party claims in which the person at fault in a motor accident is uninsured or not identified, or if an unregistered vehicle permit is in force for the motor vehicle involved in the motor accident.
Under section 16 of the Lifetime Care and Support (Catastrophic Injuries) Act, both the Nominal Defendant and the licensed insurer may lodge an application for an injured person. Therefore, the need for the Lifetime Care and Support Commissioner to exchange information with the Nominal Defendant about a participant’s treatment and care needs is the same as the need to exchange information with licensed insurers.
Although the commissioner may under section 94(1)(g) approve the Nominal Defendant as a person with whom information may be exchanged, for reasons of transparency and clarity for all parties who may be involved in an application, section 94(1) is amended to include the Nominal Defendant. The dictionary definition of LTCS scheme is amended to include people who have suffered a catastrophic injury arising out of or in the course of their employment.
This is consequential on an amendment to section 7 by the Lifetime Care and Support (Catastrophic Injuries) Amendment Act 2016 to extend the indemnity insurance scheme provided by the act to people who have suffered a catastrophic injury arising out of or in the course of their employment.
Schedule 1 also contains amendments to the Public Sector Management Act 1994 or the PSMA. The PSMA is amended to include provisions to the same effect as certain provisions that were omitted by amendments under the Public Sector Management Amendment Act 2016, or the PSM amendment act.
Firstly, under the Legislative Assembly (Members of Staff) Act 1989, as in force immediately before the commencement of the PSM amendment act, a returning LAMS officer could ask for a determination of the officer’s classification and salary on returning to the public service.
A returning LAMS officer is an officer who, while an officer, was employed under the Legislative Assembly (Members of Staff) Act 1989 and has returned, or will return, to work in the public service. A new section 65A is added in the PSMA to allow a returning LAMS officer to ask for a determination of the officer’s classification and salary on returning to the public service.
Secondly, the PSMA, section 152, gives statutory office holders and chief executive officers who employ staff under the PSMA certain management powers of the head of service under the PSMA. The definition of management provision in section 152(4) of the PSMA is amended to include a reference to part 4 of the PSMA to give these employers the head of service’s power to employ executives under the PSMA.
Similarly, under the PSMA, as in force immediately before the commencement of the PSM amendment act, Calvary Health Care ACT Ltd was able to exercise certain powers of the head of service in relation to staff employed under the PSMA to work in the Calvary Public Hospital. The new division 8.3 gives Calvary Health Care
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