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Accident Compensation Act 2001

Management of the Scheme - Treatment Injury Account

228: Application and source of funds

You could also call this:

"Where the money comes from and what it's used for when you get hurt during medical care"

The Treatment Injury Account is used to pay for help when you get hurt during medical treatment. This includes injuries from treatment and some injuries caused by medical mistakes before July 1, 2005. However, it doesn't cover injuries that happen during treatment for work-related injuries.

The money for this account comes from different places. Some of it might come from fees paid by health professionals or organisations that give treatment. If there's not enough money from these fees, or if there are no fees, the money comes from other accounts. For workers, it comes from the Earners' Account. For people who don't work, it comes from the Non-Earners' Account.

The Treatment Injury Account is used to pay for several things. It pays for help for people who were hurt during medical treatment (except for treatment of work injuries). It also pays for running the account and other things the law allows.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM102856.

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Part 6Management of the Scheme
Treatment Injury Account

228Application and source of funds

  1. The purpose of the Treatment Injury Account is to finance entitlements provided under this Act in respect of—

  2. treatment injury (other than the excluded kind of injury specified in subsection (3)); or
    1. personal injury caused by medical misadventure for which cover was accepted before 1 July 2005 or is accepted in accordance with section 34.

      1. The funds for the Treatment Injury Account are to be derived from—

      2. any levies payable by registered health professionals or any organisation that provides treatment under this Act, or a prescribed class of such persons or organisations; and
        1. if there is no such levy or the levy relates only to funding part of the Account, from the Earners' Account (in the case of an earner) or the Non-Earners' Account (in the case of a non-earner); and
          1. in the case of injuries suffered before the prescribed date from which levies become payable, from the Earners' Account (in the case of an earner) or the Non-Earners' Account (in the case of a non-earner).

            1. The excluded kind of injury is treatment injury, where the treatment is provided for a work-related personal injury.

            2. The funds in the Treatment Injury Account must be applied to meet the costs of—

            3. entitlements in respect of persons who have cover for treatment injury (other than the excluded kind of injury specified in subsection (3)); and
              1. administering the Account; and
                1. any other expenditure authorised by this Act.

                  Notes
                  • Section 228(1): substituted, on , by section 40(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
                  • Section 228(1): amended, on , by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).
                  • Section 228(2): amended, on , by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).
                  • Section 228(3): substituted, on , by section 40(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
                  • Section 228(4): amended, on , by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).
                  • Section 228(4)(a): substituted, on , by section 40(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).