122Disentitlement for certain imprisoned offenders

1. The Corporation must not provide any entitlements under Schedule 1 to a claimant if—

2. the claimant suffers a personal injury in the course of committing an offence; and
3. the offence is punishable by a maximum term of imprisonment of 2 years or more; and
4. the claimant is sentenced to imprisonment or home detention for committing the offence; and
5. the Corporation would, but for this section, be liable to provide entitlements to the claimant for the personal injury.

6. In addition, the Corporation must not provide any entitlements under Schedule 1 to the following persons if the Corporation would, but for subsection (1), be liable to provide entitlements to any of them in relation to a deceased claimant's personal injury:

7. the surviving spouse or partner of the deceased claimant:
8. any child of the deceased claimant:
9. any other dependant of the deceased claimant.

10. However, subsection (1) does not excuse the Corporation from liability to provide the claimant with entitlements for—

11. treatment; and
12. any ancillary service related to treatment referred to in clause 3(1) of Schedule 1.

13. Despite subsection (3), the Corporation must not provide any entitlement for surgery unless the surgery is required to restore the claimant's function to enable him or her to return to work.

Notes

• Section 122: substituted, on 1 July 2010, by section 13 of the Accident Compensation Amendment Act 2010 (2010 No 1).