Screen a severe motor-accident injury for lifetime care and support
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the accident and injury papers, record the gates on icare's page and do not decide eligibility. The scheme is no-fault and pays for treatment, rehabilitation and care. The page asks whether the person was injured in a motor accident on or after 1 October 2006 if under 16, or on or after 1 October 2007 if an adult; whether the injury was caused by the motor accident and the accident meets the legislative criteria (that legislation was not opened); and whether the injury meets the injury criteria. Injuries the page names are spinal cord injury, brain injury, amputations, burns and permanent blindness. Copy only the criterion for the injury type the lawyer names. Blindness: loss of sight caused by the accident, and legally blind, being visual acuity on the Snellen Scale after correction of less than 6/60 in both eyes, or field of vision constricted to 10 degrees or less of arc around central fixation in the better eye irrespective of corrected acuity, or a combination of visual defects resulting in the same degree of visual loss. Burns: caused by the accident, and full thickness burns greater than 40 per cent of total body surface area, or greater than 30 per cent if the person is under 16, or inhalation burns causing long-term respiratory impairment, or full thickness burns to the hand, face or genital area, together with the functional score the page sets out for the age band. Brain injury: the page's definition is an insult to the brain, usually with diminished or altered consciousness, causing permanent cognitive, physical or psychosocial impairment; caused by the accident; post-traumatic amnesia longer than one week, or if that measure is not available the alternatives the page states; and the functional score for the age band. Spinal cord injury: an acute traumatic lesion of the neural elements in the spinal canal resulting in permanent sensory deficit, motor deficit or bladder or bowel dysfunction, caused by the accident, with permanent neurological deficit. Amputation: caused by the accident, and either more than one of the levels the page lists or one of the single-limb levels the page lists, including an equivalent impairment as the page defines it. Assessment tools named on the page are FIM and WeeFIM for brain injury and burns, the ASIA scale for spinal cord injury, and no extra tool for amputation or for blindness beyond legal blindness. If the lawyer records that the criteria are met, note interim participation for two years, then a possible application to be a lifetime participant, with payment only for what is reasonable and necessary and related to the injury. Do not decide that test.
- What the lawyer must review
- The lawyer decides eligibility and whether the accident meets the legislation, which was not opened. The scheme is established under the Motor Accidents (Lifetime Care and Support) Act 2006 and funded by a levy on compulsory third party insurance. A motor accident in the Australian Capital Territory from 1 July 2014 is a different scheme and is not assessed on this page.
Open a jurisdiction version of this task to see which instruments apply: NSWQLDVIC
Who does what
| Role | What they do |
|---|---|
| Assistance | From the accident and injury papers, record the gates on icare's page and do not decide eligibility. The scheme is no-fault and pays for treatment, rehabilitation and care. The page asks whether the person was injured in a motor accident on or after 1 October 2006 if under 16, or on or after 1 October 2007 if an adult; whether the injury was caused by the motor accident and the accident meets the legislative criteria (that legislation was not opened); and whether the injury meets the injury criteria. Injuries the page names are spinal cord injury, brain injury, amputations, burns and permanent blindness. Copy only the criterion for the injury type the lawyer names. Blindness: loss of sight caused by the accident, and legally blind, being visual acuity on the Snellen Scale after correction of less than 6/60 in both eyes, or field of vision constricted to 10 degrees or less of arc around central fixation in the better eye irrespective of corrected acuity, or a combination of visual defects resulting in the same degree of visual loss. Burns: caused by the accident, and full thickness burns greater than 40 per cent of total body surface area, or greater than 30 per cent if the person is under 16, or inhalation burns causing long-term respiratory impairment, or full thickness burns to the hand, face or genital area, together with the functional score the page sets out for the age band. Brain injury: the page's definition is an insult to the brain, usually with diminished or altered consciousness, causing permanent cognitive, physical or psychosocial impairment; caused by the accident; post-traumatic amnesia longer than one week, or if that measure is not available the alternatives the page states; and the functional score for the age band. Spinal cord injury: an acute traumatic lesion of the neural elements in the spinal canal resulting in permanent sensory deficit, motor deficit or bladder or bowel dysfunction, caused by the accident, with permanent neurological deficit. Amputation: caused by the accident, and either more than one of the levels the page lists or one of the single-limb levels the page lists, including an equivalent impairment as the page defines it. Assessment tools named on the page are FIM and WeeFIM for brain injury and burns, the ASIA scale for spinal cord injury, and no extra tool for amputation or for blindness beyond legal blindness. If the lawyer records that the criteria are met, note interim participation for two years, then a possible application to be a lifetime participant, with payment only for what is reasonable and necessary and related to the injury. Do not decide that test. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Apply the 1 October 2006 date only to a person under 16, and 1 October 2007 only to an adult.
- Use more than 40 per cent body surface for an adult burn and more than 30 per cent only for a person under 16. Do not swap them.
- Do not mark the person eligible. Leave the accident criteria and the reasonable-and-necessary test for the lawyer.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Request for NIISQ lifetime participation before the two-year anniversary | Letter | AI use Yellow | Letter asking the National Injury Insurance Agency, Queensland to repeat an interim participant's eligibility review before the two-year anniversary and to say whether lifetime participation is accepted. |
| Additional information form (MAIC Form F2) | Form | AI use Yellow | Link to MAIC Form F2 V7 Apr 2022. |
| Lifetime Care eligibility dispute, and request to review an assessment panel decision | Letter | AI use Yellow | Letter disputing a Lifetime Care eligibility decision, with a separate written request to review an assessment panel decision on the four grounds the icare page lists. |
| Request for Lifetime Care lifetime participation near the end of the two years | Letter | AI use Yellow | Letter from an interim Lifetime Care participant asking to be accepted for lifetime participation near the end of the two years, with the injury criteria the who-we-care-for page states. |
| Request to the Transport Accident Commission for attendant care or post-acute support | Letter | AI use Yellow | Letter asking the Transport Accident Commission to fund attendant care or post-acute support after a transport accident. |
| NIISQ application for interim participation | Form | AI use Yellow | Link to the NIISQ interim-participant application for a serious personal injury in a Queensland motor accident on or after 1 July 2016. |
| Lifetime Care interim application (icare): severe motor accident injury | Form | AI use Yellow | Link to icare's Lifetime Care application page for a severe motor accident injury, including the signed consent, the medical certificate and the two-year interim participation. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.