“acupuncturist means—

• “(a) a member of the New Zealand Register of Acupuncturists Incorporated; or

• “(b) a member of the New Zealand Acupuncture Standards Authority Incorporated who—

  • “(i) is a qualified health professional registered to practise in some other medical discipline in New Zealand who holds a recognised postgraduate qualification in acupuncture of a minimum of 120 credits (1 year full time) at Level 8 or above on the New Zealand Register of Quality Assured Qualifications; or

  • “(ii) holds a National Diploma in Acupuncture (Level 7) or equivalent according to the criteria for the New Zealand Register of Quality Assured Qualifications”.

“registered health professional means a registered health professional of a type defined in regulations made under this Act”.

“treatment injury has the meaning set out in section 32”.

“treatment provider means a treatment provider of a type defined in regulations made under this Act”.

• “(h) any pension that is paid in the circumstances set out in any of the following provisions:

  • “(i) section DF 4 of the Income Tax Act 1994 or section DC 2 of the Income Tax Act 2004:

  • “(ii) section DF 8A or section DF 8B of the Income Tax Act 1994 or section DC 3 of the Income Tax Act 2004:

  • “(iii) section FF 17 of the Income Tax Act 1994.”

“13 Earnings of private domestic workers

• The Corporation must treat the earnings of a private domestic worker as earnings as an employee.”

“19 Key terms in this Part

• This Part uses and defines the following key terms:

  “mental injury (which is defined in section 27)

  “motor vehicle injury (which is defined in sections 29(2) and 35)

  “personal injury (which is defined in section 26)

  “personal injury caused by a work-related gradual process, disease, or infection (which is defined in section 30)

  “treatment injury (which is defined in section 32)

  “work-related personal injury (which is defined in sections 28 and 29(1)).”

• “(b) personal injury that is treatment injury suffered by the person:”.

• “(c) treatment injury in circumstances described in section 32(7):”.

• “(d) personal injury that is a consequence of treatment given to the person for another personal injury for which the person has cover:”.

• “(f) personal injury caused by a gradual process, disease, or infection that is treatment injury suffered by the person:”.

• “(i) personal injury that is a cardio-vascular or cerebrovascular episode that is treatment injury suffered by the person:”.

“21A Cover under Accident Rehabilitation and Compensation Insurance Act 1992 for mental injury caused by certain criminal acts

• “(1) This section applies to persons who suffered personal injury that is mental or nervous shock suffered as an outcome of any act of any other person, which act—

  • “(a) was performed on, with, or in relation to the claimant (but not on, with, or in relation to any other person); and

  • “(b) was within the description of any offence listed in the First Schedule of the Accident Rehabilitation and Compensation Insurance Act 1992 (the 1992 Act); and

  • “(c) was performed before 1 July 1992 (including before 1 April 1974) and was performed—

    • “(i) in New Zealand; or

    • “(ii) outside New Zealand, and the claimant was ordinarily resident in New Zealand within the meaning of the 1992 Act when the act was actually performed.

  “(2) For the purpose of subsection (1),—

  • “(a) the personal injury is deemed to have been suffered on the date of the first treatment that the claimant received for that personal injury as that personal injury; and

  • “(b) that first treatment must have been received on or after 1 July 1992 and before 1 July 1999; and

  • “(c) the treatment must have been of a kind for which the Corporation was required or permitted to make payments either directly under regulations made under the 1992 Act or under an agreement or contract or arrangement under section 29A of the 1992 Act, irrespective of whether or not it made any payment in the particular case.

  “(3) For the purposes of subsection (1), it is irrelevant—

  • “(a) that no person can be, or has been, charged with or convicted of the offence; or

  • “(b) that the alleged offender is incapable of forming criminal intent; or

  • “(c) whether or not the person who suffered the personal injury was ordinarily resident in New Zealand within the meaning of the 1992 Act when the personal injury is deemed to have been suffered.

  “(4) Persons to whom this section applies are deemed to have had cover under the 1992 Act for the personal injury described in subsection (1), and the following provisions apply:

  • “(a) payments made by or through the Corporation (or a subsidiary of the Corporation) or the Department of Labour to those persons for a personal injury described in subsection (1), whether made before or after the commencement of this section, are deemed to be entitlements paid under the 1992 Act to the extent that the correct amounts were paid:

  • “(b) for the purpose of paragraph (a), it does not matter whether or not the payment is a payment made in the belief that section 8(3) of the 1992 Act provided cover:

  • “(c) entitlements available as a result of cover deemed by this section are subject to Part 13 of the Accident Insurance Act 1998 and Part 11 of the Injury Prevention, Rehabilitation, and Compensation Act 2001:

  • “(d) Part 5 applies to decisions made by or on behalf of the Corporation between 15 July 2003 and the commencement of this section on claims made under section 8(3) of the 1992 Act for which cover is deemed by this section, and Part 5 applies as if those decisions had been made on the date of the commencement of this section.

  “(5) However, the following provisions apply to civil proceedings brought before or after the commencement of this section seeking general damages for mental or nervous shock suffered by a person as an outcome of any act described in subsection (1) (the proceedings):

  • “(a) if the plaintiff received judgment in the proceedings, in his or her favour, before the commencement of this section, the plaintiff does not have cover under this section for the injury or injuries to which the proceedings relate:

  • “(b) if the proceedings were filed, but not heard, before the date of introduction of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005, nothing in this section prevents the proceedings from being heard or prevents a court from awarding the plaintiff general damages for the mental or nervous shock:

  • “(c) if the plaintiff continues the proceedings, the plaintiff must declare to the court any payments and entitlements received from the Corporation for the personal injury for which damages are sought, and the court must take those payments and entitlements into account in awarding the plaintiff any damages:

  • “(d) on the date judgment is given in the proceedings, the plaintiff—

    • “(i) does not have cover under this section for the injury or injuries to which the proceedings relate; and

    • “(ii) must advise the Corporation of the judgment:

  • “(e) if the plaintiff loses cover by virtue of paragraph (a) or paragraph (d), the Corporation may not recover any part of an amount that is deemed by subsection (4)(a) to be an entitlement paid to the plaintiff under the 1992 Act.”

• “(3) A person has cover for treatment injury if he or she suffers the personal injury on or after 1 July 2005 as a result of treatment given to him or her while outside New Zealand, but only if the circumstances described in subsection (4) exist.”

• “(5) Section 38 describes how the date on which the person suffers the personal injury referred to in subsection (4)(c) is determined.”

• “(a) a specific event or a series of events, other than a gradual process, that—

  • “(i) involves the application of a force (including gravity), or resistance, external to the human body; or

  • “(ii) involves the sudden movement of the body to avoid a force (including gravity), or resistance, external to the body; or

  • “(iii) involves a twisting movement of the body:”.

• “(b) the inhalation of any solid, liquid, gas, or foreign object on a specific occasion, which kind of occurrence does not include the inhalation of a virus, bacterium, protozoan, or fungus, unless that inhalation is the result of the criminal act of a person other than the injured person:

• “(ba) the oral ingestion of any solid, liquid, gas, fungus, or foreign object on a specific occasion, which kind of occurrence does not include the ingestion of a virus, bacterium, or protozoan, unless that ingestion is the result of the criminal act of a person other than the injured person:”.

• “(4A) This Act covers personal injury caused by a work-related gradual process, disease, or infection only if—

  • “(a) the exposure to the gradual process, disease, or infection actually occurred in New Zealand; or

  • “(b) the person concerned was ordinarily resident in New Zealand when the exposure actually occurred.”

“32 Treatment injury

• “(1) Treatment injury means personal injury that is—

  • “(a) suffered by a person—

    • “(i) seeking treatment from 1 or more registered health professionals; or

    • “(ii) receiving treatment from, or at the direction of, 1 or more registered health professionals; or

    • “(iii) referred to in subsection (7); and

  • “(b) caused by treatment; and

  • “(c) not a necessary part, or ordinary consequence, of the treatment, taking into account all the circumstances of the treatment, including—

    • “(i) the person's underlying health condition at the time of the treatment; and

    • “(ii) the clinical knowledge at the time of the treatment.

  “(2) Treatment injury does not include the following kinds of personal injury:

  • “(a) personal injury that is wholly or substantially caused by a person's underlying health condition:

  • “(b) personal injury that is solely attributable to a resource allocation decision:

  • “(c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment.

  “(3) The fact that the treatment did not achieve a desired result does not, of itself, constitute treatment injury.

  “(4) Treatment injury includes personal injury suffered by a person as a result of treatment given as part of a clinical trial, in the circumstances described in subsection (5) or subsection (6).

  “(5) One of the circumstances referred to in subsection (4) is where the claimant did not agree, in writing, to participate in the trial.

  “(6) The other circumstance referred to in subsection (4) is where—

  • “(a) an ethics committee—

    • “(i) approved the trial; and

    • “(ii) was satisfied that the trial was not to be conducted principally for the benefit of the manufacturer or distributor of the medicine or item being trialled; and

  • “(b) the ethics committee was approved by the Health Research Council of New Zealand or the Director-General of Health at the time it gave its approval.

  “(7) If a person (person A) suffers an infection that is a treatment injury, cover for that personal injury extends to—

  • “(a) person A's spouse or partner, if person A has passed the infection on directly to the spouse or partner:

  • “(b) person A's child, if person A has passed the infection on directly to the child:

  • “(c) any other third party, if person A has passed the infection on directly to that third party:

  • “(d) person A's child or any other third party, if—

    • “(i) person A has passed the infection directly to his or her spouse or partner; and

    • “(ii) person A's spouse or partner has then passed the infection directly to the child or third party.

“33 Treatment

• “(1) For the purposes of determining whether a treatment injury has occurred, or when that injury occurred, treatment includes—

  • “(a) the giving of treatment:

  • “(b) a diagnosis of a person's medical condition:

  • “(c) a decision on the treatment to be provided (including a decision not to provide treatment):

  • “(d) a failure to provide treatment, or to provide treatment in a timely manner:

  • “(e) obtaining, or failing to obtain, a person's consent to undergo treatment, including any information provided to the person (or other person legally entitled to consent on their behalf if the person does not have legal capacity) to enable the person to make an informed decision on whether to accept treatment:

  • “(f) the provision of prophylaxis:

  • “(g) the failure of any equipment, device, or tool used as part of the treatment process, including the failure of any implant or prosthesis (except where the failure of the implant or prosthesis is caused by an intervening act or by fair wear and tear), whether at the time of giving treatment or subsequently:

  • “(h) the application of any support systems, including policies, processes, practices, and administrative systems, that—

    • “(i) are used by the organisation or person providing the treatment; and

    • “(ii) directly support the treatment.

  “(2) Subsection (1) does not affect the application of the definition of treatment in section 6(1) for purposes other than those stated in subsection (1).

  “(3) Subsection (2) is for the avoidance of doubt.

“34 Cover for personal injury caused by medical misadventure before 1 July 2005

• “(1) This section applies to—

  • “(a) claims for cover for personal injury caused by medical misadventure that were lodged with the Corporation before 1 July 2005, but have not been determined; and

  • “(b) claims for cover for personal injury caused by medical misadventure that were declined by the Corporation before 1 July 2005, but are lodged again on or after that date as claims for cover for treatment injury (and not lodged as claims referred to in subsection (4)).

  “(2) Claims lodged in the circumstances described in subsection (1) must be determined under the relevant provisions in force immediately before 1 July 2005.

  “(3) Reviews and appeals must be dealt with under the relevant provisions of Part 5 in force immediately before 1 July 2005, if the decision being reviewed or appealed—

  • “(a) was made before 1 July 2005; or

  • “(b) is one to which subsection (2) applies.

  “(4) Subsection (1)(b) does not apply in relation to a claimant if,—

  • “(a) before 1 July 2005, the Corporation declined the claimant's claim for cover for personal injury caused by medical misadventure because there was no personal injury; and

  • “(b) on or after 1 July 2005, the claimant lodges a claim for cover for treatment injury in respect of a personal injury that—

    • “(i) occurred after the decision to decline the earlier claim (whether before or after 1 July 2005); and

    • “(ii) arises out of the circumstances on which the earlier claim was based.”

“38 Date on which person is to be regarded as suffering treatment injury

• “(1) The date on which a person suffers a treatment injury is the date on which the person first seeks or receives treatment for the symptoms of that personal injury.

  “(2) Subsection (1) applies even if it was not known, at the time the treatment was first sought or received for the symptoms, that previous treatment was the cause of the symptoms.

  “(3) In subsection (1), treatment (where that term appears for the second time) means treatment of a type that the person is entitled to under this Act or a former Act.

  “(4) This section is subject to clause 55(3) of Schedule 1 (which relates to the entitlement to lump sum compensation for treatment injuries in the circumstances described in that provision).”

• “(2) If the claim is for cover for a treatment injury, the Corporation must provide the claimant with information on the role of the Health and Disability Commissioner under the Code of Health and Disability Services Consumers' Rights.”

• “(4) Despite subsection (3), if a claim is for a treatment injury, a person must lodge the claim under section 48,—

  • “(a) in the case of a claim for cover, within 12 months after the later of—

    • “(i) the date that the personal injury was first considered by a registered health professional to be a treatment injury; or

    • “(ii) the date that the person suffered the treatment injury (as determined under section 38):

  • “(b) in the case of a claim for an entitlement, within 12 months after the later of—

    • “(i) the date on which the need for the entitlement arose; or

    • “(ii) if the need for entitlement arose before the injury was diagnosed as being a treatment injury, and a claim for cover for that injury has been lodged with the Corporation, the date on which the Corporation accepted the claim for cover.”

“62 Decision on claim for treatment injury

• “(1) When investigating a claim for cover for a treatment injury, the Corporation may seek clinical advice if the Corporation considers the advice will assist it in determining the claim.

  “(2) Subsection (1) does not prevent the Corporation from seeking advice in other situations.

  “(3) Subsection (2) is for the avoidance of doubt.”

“68 Corporation provides entitlements in accordance with this Act

• “(1) The Corporation provides entitlements to claimants in accordance with this Act.

  “(2) If any provision of this Act requires the Corporation to provide an entitlement (regardless of how that requirement is expressed), the Corporation is required to provide the entitlement only to the extent required by this Act.

  “(3) However, the Corporation may, at its own discretion, provide an entitlement or a payment to a claimant if it is satisfied that—

  • “(a) the entitlement or payment could be provided but for a requirement in section 127(4) or section 129 or section 379(2), or in any of clauses 4, 13, 15, 17, 19(3)(e), 19(3)(i), 19(3)(j), 22(1), 22(2)(b), 22(2)(c), 22(2)(e), or 22(2)(f) of Schedule 1; and

  • “(b) the provision of the entitlement or payment would be consistent with the purpose of this Act.

  “(4) The exercise of a discretion under subsection (3) is subject to section 134(1A).”

• “(4) The references in subsections (1) and (2) to a personal injury are references to a personal injury for which the person has cover under this Act.

• “(5) Subsection (4) is for the avoidance of doubt.”

• “(3) The references in subsection (2) to a personal injury are references to a personal injury for which the person has cover under this Act.

• “(4) Subsection (3) is for the avoidance of doubt.”

• “(3A) If the Corporation declines, under subsection (3), to provide an entitlement for any period, the Corporation must start providing the entitlement again if satisfied that—

  • “(a) subsection (3) no longer applies to the claimant; and

  • “(b) the claimant is eligible to the entitlement.

• “(3B) The Corporation is not required to make any payment of the entitlement for the period during which it was declined under subsection (3), even though it may have started providing the entitlement again under subsection (3A). However, the Corporation may make such payment if the Corporation believes that—

  • “(a) exceptional circumstances exist; and

  • “(b) it would be inequitable to refuse to do so.

• “(3C) An entitlement that has been declined for any period under subsection (3) must be provided by the Corporation, with effect from the beginning of that period, if—

  • “(a) the Corporation's decision to decline to provide the entitlement for that period is—

    • “(i) revised under section 65; or

    • “(ii) quashed on review or appeal; and

  • “(b) the claimant was otherwise entitled to receive the entitlement for that period.”

• “(1A) However, a decision of the Corporation regarding the exercise of discretion under section 68(3) is not reviewable under Part 5.”

“135A Time frame for lodging review application where alternative dispute resolution conducted about same matter

• “(1) This section applies to a review application about a matter if an alternative dispute resolution procedure is conducted about the same matter.

  “(2) A review application to which this section applies must be lodged within the relevant time frame stated in section 135(2) unless regulations made under section 328A prescribe otherwise.”

• “(4) The funds in the Employers' Account must also be applied to meet the costs of entitlements for personal injury caused by work-related gradual process, disease, or infection if—

  • “(a) the employment task, or employment in the particular environment, giving rise to that personal injury was performed or occurred on or after 1 July 1999; and

  • “(b) the claimant was an employee when performing that task or in that environment (regardless of whether the claimant was an employee at the date on which the personal injury is regarded as having been suffered).”

“168A Private domestic workers to pay levies

• “(1) A private domestic worker must pay, in accordance with this Act and regulations made under this Act, levies to fund the Employers' Account.

  “(2) A levy must relate to a prescribed period.

  “(3) A private domestic worker must pay the levy by the date specified for payment, whether in an invoice or another appropriate document given to the private domestic worker by the Corporation or an agent of the Corporation, being a date not less than 2 months after the date of the invoice or other appropriate document.

  “(4) Levies are to be paid under this section at a rate or rates prescribed in regulations made under this Act, and must be related, in whole or in part, to the amount of earnings received for that period as a private domestic worker or deemed by regulations made under this Act to have been received for that period as a private domestic worker.

  “(5) Nothing in this Act requires a private domestic worker to pay an employer levy on his or her relevant earnings that exceed the specified maximum. For the purpose of this subsection, the relevant earnings are the person's earnings as a private domestic worker together with his or her earnings as an employee (other than as a private domestic worker).

  “(6) Sections 170, 171, and 173 apply to private domestic workers as if they were both the employer and the employee, and references to section 168 in those sections must, in relation to private domestic workers, be read as references to this section.”

• “(b) each employer may apply in writing to the Corporation for a pro rata refund of the excess levy paid, to be calculated according to the following formula:

  

  where—

  • a is the total earnings on which the levy is paid by the employer in respect of that employee

  • b is the total earnings on which the levy is paid by all employers in respect of that employee

  • c is the total excess levy paid by all employers in respect of that employee.

• “(6) The funds in the Residual Claims Account must also be applied to meet the costs of entitlements for personal injury caused by work-related gradual process, disease, or infection if—

  • “(a) the employment task, or employment in the particular environment, giving rise to that personal injury was performed or occurred before 1 July 1999; and

  • “(b) the claimant was an employee or self-employed when performing that task or in that environment (regardless of whether the claimant was an employee or self-employed at the date on which the personal injury is regarded as having been suffered).”

• “(4) The funds in the Self-Employed Work Account must also be applied to meet the costs of entitlements for personal injury caused by work-related gradual process, disease, or infection if—

  • “(a) the employment task, or employment in the particular environment, giving rise to that personal injury was performed or occurred on or after 1 July 1999; and

  • “(b) the claimant was self-employed when performing that task or in that environment (regardless of whether the claimant was self-employed at the date on which the personal injury is regarded as having been suffered).”

• “(2) A person who purchases weekly compensation under section 209, suffers personal injury in a particular cover period for which there is an agreement under section 209, and then, when that agreement no longer has effect, suffers incapacity or subsequent incapacity arising from that personal injury, is entitled to receive the following amount of weekly compensation for loss of earnings:

  • “(a) the amount specified in an agreement made under section 209 that is in force at the time the incapacity commences; or

  • “(b) the amount calculated under Schedule 1, if no agreement under section 209 exists at the time the incapacity commences.”

• “(d) a treatment injury.”

• “(2) The application may be made only by a person who—

  • “(a) makes the application while still in employment or within 1 month after ceasing employment; and

  • “(b) pays the levy when required to do so.”

• “(1) The purpose of the Medical Misadventure Account is to finance entitlements provided under this Act in respect of—

  • “(a) treatment injury (other than the excluded kind of injury specified in subsection (3)); or

  • “(b) personal injury caused by medical misadventure for which cover was accepted before 1 July 2005 or is accepted in accordance with section 34.”

• “(3) The excluded kind of injury is treatment injury, where the treatment is provided for a work-related personal injury.”

• “(a) entitlements in respect of persons who have cover for treatment injury (other than the excluded kind of injury specified in subsection (3)); and”.

• “(a) prescribe levies in relation to treatment injury:”.

“244 Amounts of levy exempt from payment

• “(1) This section applies if—

  • “(a) an invoice is issued for the purpose of this Act (whether or not only for that purpose or also for the purpose of any other enactment) that shows an amount payable under this Act for a single type of levy or for 2 or more different types of levy; and

  • “(b) the amount invoiced for the purpose of this Act does not exceed the relevant exempt amount set by regulations made under this Act for the purpose of this section.

  “(2) If this section applies,—

  • “(a) no person is liable to pay the amount of the levy or levies shown on the invoice for the purpose of this Act; and

  • “(b) no person is liable to pay any penalties under this Act in respect of non-payment of the levy or levies.”

• “(3A) The costs of claims for personal injury caused by work-related gradual process, disease, or infection to which section 167(4) or section 192(6) or section 201(4) applies may be apportioned to the Employers' Account, the Residual Claims Account, and the Self-Employed Work Account in a way that the Corporation considers appropriate having regard to the exposure period of the claimant to the injury-causing agent.

• “(3B) The Minister may, without complying with section 270(2), direct the Corporation to attribute in full, or apportion in part, to the Non-Earners' Account the costs of lump sum compensation for permanent impairment caused by gradual process, disease, or infection.”

• “(c) an allowance established by regulations made under section 303 of the Education Act 1989.”

“284 Reporting of risk of harm to public

• “(1) This section applies to information collected by the Corporation in the course of processing claims—

  • “(a) for treatment injury; or

  • “(b) for personal injury of a type described in section 20(2)(d); or

  • “(c) for personal injury caused by medical misadventure; or

  • “(d) that are in the nature of claims for treatment injury, but are caused by a person who is not a registered health professional.

  “(2) If the Corporation believes, from information referred to in subsection (1), there is a risk of harm to the public, the Corporation must report the risk, and any other relevant information, to the authority responsible for patient safety in relation to the treatment that caused the personal injury.”

“286 Corporation to provide information to Department of Labour

• “(1) The Corporation must provide to the chief executive of the Department of Labour any information held by the Corporation under this Act that—

  • “(a) relates to—

    • “(i) employers; or

    • “(ii) workplaces; or

    • “(iii) claims for work-related personal injury; and

  • “(b) is of a type specified for the purpose of this section in an agreement between the Corporation and the chief executive.

  “(2) The chief executive may use the information only for 1 or more of the following purposes:

  • “(a) to support the Department of Labour in its administration of any provisions of the relevant Acts:

  • “(b) to support the department's responsibilities for workforce development and employment creation:

  • “(c) to ensure appropriate co-ordination of activities with the Corporation and other relevant agencies.

  “(3) The power conferred on the chief executive by subsection (2) includes (without limitation) power to provide information received under this section to any agency designated under section 28B of the Health and Safety in Employment Act 1992, but only for the purpose of supporting the agency's functions under that Act.

  “(4) The Corporation must provide the information in accordance with the agreement with the chief executive.

  “(5) In subsection (2), relevant Acts means—

  • “(a) Disabled Persons Employment Promotion Act 1960:

  • “(b) Employment Relations Act 2000:

  • “(c) Equal Pay Act 1972:

  • “(d) Hazardous Substances and New Organisms Act 1996:

  • “(e) Health and Safety in Employment Act 1992:

  • “(f) Holidays Act 2003:

  • “(g) Immigration Act 1987:

  • “(h) Machinery Act 1950:

  • “(i) Minimum Wage Act 1983:

  • “(j) Parental Leave and Employment Protection Act 1987:

  • “(k) Volunteers Employment Protection Act 1973:

  • “(l) Wages Protection Act 1983.”

• “(4) The service agreement may also provide for the Crown to refund to the Corporation any amount overpaid by the Corporation in a previous financial year for public health acute services.

• “(5) Subsection (4) is for the avoidance of doubt.”

• “(b) any of sections 92B, 92E, 92R, 122, 122A, 122B, 123, or 124 of the Human Rights Act 1993.”

• “(e) defining a type or types of registered health professional for the purposes of this Act:

• “(f) defining a type or types of treatment provider for the purposes of this Act:

• “(fa) defining a health occupational group or part of a health occupational group for the purposes of this Act:”.

“328A Regulations relating to alternative dispute resolution

• “(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for 1 or more of the following purposes:

  • “(a) setting out a framework or rules (or both) governing the conduct of alternative dispute resolution:

  • “(b) requiring the Corporation to pay costs to claimants at the appropriate rate or scale specified in the regulations, which costs may apply whether or not regulations are for the time being in force under paragraph (a):

  • “(c) prescribing the time frames for the lodging of review applications about matters under Part 5 that undergo an alternative dispute resolution procedure, which time frames may be longer (but not less) than those set out in section 135(2).

  “(2) In the absence of regulations for the time being in force under subsection (1)(a), the use of alternative dispute resolution and the manner in which it is to be conducted is a matter for agreement between the Corporation and the claimant.”

• “(o) prescribing exempt amounts of levy for the purpose of section 244, which amounts may differ depending on whether the amount invoiced is for—

  • “(i) a single type of levy; or

  • “(ii) 2 or more different types of levies; or

  • “(iii) both.”

• “(2) An assessment of capacity to work that was commenced under a former Act and not completed before the commencement of this Act may be completed under the former Act and have effect as if it were an assessment of vocational independence under this Act.”

“377 Independence allowance for personal injury suffered before 1 July 1999

• “(1) On the commencement of this section, sections 441 and 442 of the Accident Insurance Act 1998 cease to have effect.

  “(2) A person who suffered personal injury before 1 July 1999 is entitled to be assessed for an independence allowance under Part 4 of Schedule 1 of the Accident Insurance Act 1998, irrespective of when the claim for cover for the personal injury was or is lodged, subject to the modifications set out in subsection (3).

  “(3) The modifications are that—

  • “(a) any assessment or reassessment must be done on the basis of whole-person impairment for the combined effect of all injuries suffered before 1 July 1999 for which the person has cover; and

  • “(b) the percentage of impairment for which any lump sum compensation was received under section 119 of the Accident Compensation Act 1972 or section 78 of the Accident Compensation Act 1982, or both, must be deducted from the percentage of combined whole-person impairment assessed in accordance with paragraph (a); and

  • “(c) the independence allowance based on the first assessment is payable as from,—

    • “(i) in the case of a person who has received lump sum compensation under section 119 of the Accident Compensation Act 1972 or section 78 of the Accident Compensation Act 1982, or both, the date of the application for an independence allowance; or

    • “(ii) in any other case, the later of the date on which the claim for cover was lodged or 1 July 1992.”

• “(4) Unless the personal injury is a motor vehicle injury, a work-related personal injury, or a treatment injury, payments under this clause come from the Earners' Account.”

• “(3) A person who suffers treatment injury or personal injury caused by medical misadventure is not entitled to lump sum compensation for permanent impairment under this schedule if the date of the treatment which caused the personal injury was before 1 April 2002.”

• “(2) In this section, earner levies means the levies payable under section 219(1) and (2) of the Injury Prevention, Rehabilitation, and Compensation Act 2001.”