Page 1656 - Week 05 - Tuesday, 14 May 2019

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Proposed new clause 195 (1A) and (1B)

Page 148, line 4—

insert

(1A) However, the ACAT must not award the costs of, or incidental to, an application for external review against an injured person if—

(a) the injured person made the application in good faith; and

(b) the ACAT is satisfied that the applicant has an arguable basis for the application.

(1B) The ACAT may be satisfied an applicant has an arguable basis for an application for external review if the applicant appears in person.

Clause 196 (2) (b)

Page 148, line 26—

omit clause 196 (2) (b), substitute

(b) takes effect—

(i) for an order relating to an application for external review of an internally reviewable decision—on the day the internally reviewable decision was made, unless the ACAT otherwise orders; and

(ii) in any other case—on the day the externally reviewable decision was made, unless the ACAT otherwise orders.

Clause 206 (1) (b)

Page 154, line 9—

omit clause 206 (1) (b), substitute

(b) the person’s WPI is—

(i) if separate WPI reports from an independent medical examiner assess the person’s physical injuries and psychological injuries—the higher WPI assessment assesses the person’s WPI as less than 10%; or

(ii) if only 1 WPI report from an independent medical examiner assesses the person’s WPI—the person’s WPI is less than 10%; and

Proposed new clause 206 (3)

Page 154, line 14—

insert

(2) The relevant insurer for a motor accident is liable for the costs of an SOI assessment, unless otherwise provided in this chapter.

Proposed new clause 236 (2A)

Page 172, line 10—

insert

(2A) For this section, a person has been assessed as having a WPI of at least 10% as a result of the accident if—

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