Part 11Transitional provisions relating to entitlements provided by Corporation (but not under Part 10)
Independence allowance
378Personal injury suffered on or after 1 July 1999 and before 1 April 2002
The provisions of Part 4 of Schedule 1 of the Accident Insurance Act 1998 continue to apply to personal injury suffered on or after 1 July 1999 and before 1 April 2002, irrespective of when the claim for cover in respect of that personal injury was or is lodged.
The amounts referred to in clause 62(1) of Schedule 1 of the Accident Insurance Act 1998, as adjusted under section 103 of that Act, must be adjusted in accordance with section 388.
Despite section 339, for the purposes of this section, section 403 of the Accident Insurance Act 1998 continues to apply as if subsection (2) were repealed, and the following subsections were substituted:
- The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations for the purposes of clauses 60 and 61 of Schedule 1 that—
- refer to, or incorporate by reference, in whole or in part, the American Medical Association Guides to the Evaluation of Permanent Impairment:
- refer to, or incorporate by reference, guides, frameworks, or other standards:
- prescribe an assessment tool that in itself may refer to, or incorporate by reference, in whole or in part, anything referred to in paragraph (a) or paragraph (b):
- do any of a combination of things referred to in paragraph (a) or paragraph (b) or paragraph (c).
- Regulations under subsection (2) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
- Subpart 1 of Part 3 and section 114 of the Legislation Act 2019 do not apply to material that is incorporated by reference under subsection (2)(a), (b), or (c) merely because it is incorporated.
- The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations for the purposes of clauses 60 and 61 of Schedule 1 that—
Notes
- Section 378(3): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 378(3): new subsection (2A) inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 378(3): new subsection (2B) inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).