Page 1643 - Week 05 - Tuesday, 14 May 2019

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(a) the respondent pay the claimant’s costs on a party and party basis up to the day the offer was made; and

(b) the claimant—

(i) is not entitled to an order against the respondent for the claimant’s costs in relation to the claim after the day the offer was made; and

(ii) is not required to pay the respondent’s costs in relation to the claim on and from the day the offer was made.

Schedule 2

Motor Accident Injuries Bill 2019

Amendments moved by the Treasurer

1

Clause 50 (3), proposed new note

Page 36, line 7—

insert

Note  If an injured person who has made a successful application for compensation under a workers compensation scheme in relation to a motor accident does not withdraw that application within 13 weeks after the date of the motor accident, the person will continue to be entitled to compensation in accordance with the scheme.

2

Clause 71 (2)

Page 58, line 6—

before

suspects

insert

reasonably

3

Clause 73 (1), proposed new note

Page 59, line 18—

insert

Note  There is no requirement for both an application for defined benefits and an application for workers compensation to be made in relation to a motor accident.

4

Clause 73 (4), proposed new note

Page 60, line 13—

insert

Note  If an injured person makes a successful application for compensation under a workers compensation scheme in relation to a motor accident and does not withdraw that application within 13 weeks after the date of the motor accident, the injured person is not required to give notice under s (4).

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