AGY-6233 | Lifetime Care and Support Authority

Full description

The Lifetime Care and Support Authority (LTCSA) was a statutory corporation established under the Motor Accidents (Lifetime Care and Support) Act 2006. (1) The Authority was responsible for the administration of the Lifetime Care and Support Scheme which provided treatment, rehabilitation and care for people severely injured in motor accidents in NSW, regardless of who was at fault in the accident. (2)

The Authority was established on 1 July 2006 under a proclamation which commenced those sections of the Act which provided for the administration and funding of the Scheme. (3) A second proclamation commenced the application of the Scheme on 1 October 2006 (4) but, for the first year, it was restricted by regulation to people under the age of 16 years (5). From 1 October 2007, anyone severely injured in a motor accident in NSW could make an application to the LTCSA to enter the Scheme. (6)

The Authority's functions under the Act included: (7)
- monitoring the services provided in relation to the care, treatment, rehabilitation and long term support of persons who had sustained motor accident injuries,
- providing support and funding for programs to improve the delivery of these services,
- providing support and funding for research and education in connection with the delivery of these services.
- monitoring the operation of the Scheme, keeping statistics and conducting research into its operation,
- advising the Minister as to the administration, efficiency and effectiveness of the Scheme,
- publicising and disseminating information concerning the Scheme, and
- issuing and reviewing the Lifetime Care and Support (LTCS) Guidelines, and
- providing advice, administrative and other support to the Advisory Council.

The Authority managed the Lifetime Care and Support Authority Fund which supported the organisation's activities. The major contributions to this fund were those collected from motorists via a levy paid when purchasing Compulsory Third Party (CTP) insurance policies. (8)

From 1 July 2006, LTCSA also took over the administration of the Community Participation Project (CPP), previously administered by Motor Accidents Authority. CPP was a controlled pilot project which provided coordination services to working age adults who had sustained spinal cord injuries before 1 October 2006. The MAA provided grants to the Authority to cover participants’ care expenses under the Project. (9)

The Act constituted a Board of Directors comprising the Chief Executive Officer and four part time directors, one nominated by the Treasurer and three chosen by the Minister. (10) The Board had the function of determining the administrative policies of the Authority. (11)

The Act also constituted the Lifetime Care and Support Advisory Council of NSW (12) which consisted of the Chief Executive Officer of the Authority and seven other members: two health practitioners, two members representing organisations concerned with the treatment and care of injured persons, two people from organisations representing the interests of severely injured persons, and one person appointed by the Minister to be the Council's Chairperson. (13)

The functions of the Advisory Council included:
- advising the Minister on any matter relating to the lifetime care and support scheme,
- advising and making recommendations to the Authority on, and keeping under review, the LTCS Guidelines, and
- monitoring the operation of the services provided under the Act. (14)

Initially, the Office of the Motor Accidents Authority (OMAA), which was established in 2006, provided management of employment and other corporate services to the LTCSA and the MAA. (15) In July 2009, the OMAA was abolished and its staff and functions assumed by the Compensation Authorities Staff Division (CASD). (16)

On 1 August 2012, the LTCSA's Board and Advisory Council were abolished by the Safety, Return to Work and Support Board Act 2012. (17) This Act constituted a new Board for the purposes of consolidating the governance arrangements for work, health and safety agencies in NSW. (18) As a consequence, the LTCSA became part of the Safety, Return to Work and Support Division along with the Dust Diseases Board, the MAA and the WorkCover Authority of NSW. (19)

In November 2014 the Motor Accidents (Lifetime Care and Support) Act 2006 was amended to allow the LTCSA to enter into arrangements with a ‘relevant authority’ for the purpose of delivering treatment and care services on the authority's behalf. (20) In March 2015, the Australian Capital Territory Lifetime Care and Support (Catastrophic Injuries) Act 2014 was prescribed as a care and support scheme under this amendment (21) and, under an agreement, the LTCSA now manages all ACT Lifetime Care Scheme participants. (22)

On 1 September 2015, the State Insurance and Care Governance Act 2015 abolished the Safety, Return to Work and Support Board. LTCSA became part of Insurance and Care NSW (icare), a new agency established under that Act. (23)

Endnotes
1. Motor Accidents (Lifetime Care and Support) Act 2006 (Act No.19, 2006), s.33.
2. Ibid., s.4.
3. Motor Accidents (Lifetime Care and Support) Act 2006 (Act No.19, 2006), Commencement Proclamation (2006 No 348); NSW Government Gazette No.84, 30 June 2006, p.4787.
4. Motor Accidents (Lifetime Care and Support) Act 2006 Commencement Proclamation (2006 No 499); NSW Government Gazette No.111, 1 September 2006, p.7060.
5. Motor Accidents (Lifetime Care and Support) Regulation 2006 (2006 No 517) s.4.
6. Motor Accidents (Lifetime Care and Support) Repeal Regulation 2007 (2007 No 89).
7. Motor Accidents (Lifetime Care and Support) Act 2006 (Act No.19, 2006), s.43.
8. Ibid., s.50.
9. Lifetime Care and Support Authority Annual Report 2006-07, pp.26-27.
10. Motor Accidents (Lifetime Care and Support) Act 2006 (Act No.19, 2006), s.34.
11. Ibid., s.39.
12. Ibid., s.44.
13. Ibid., s.45.
14. Ibid., s.46.
15. Lifetime Care and Support Authority Annual Report 2006-07, pp.26, 40.
16. Public Sector Employment and Management (Departmental Amalgamation) Order 2009, cls. 36 and 37; notified on NSW Legislation Website, 27 July 2009.
17. Safety, Return to Work and Support Board Act 2012 (Act No. 54, 2012), Sch.2, cls.2(1)(c) and 3(1)(d).
18. Ibid., s.4(1).
19. Lifetime Care and Support Authority Annual Report 2012-13, p.5.
20. Motor Accidents (Lifetime Care and Support) Amendment Act 2014 (Act No.77, 2014), s43A.
21. Motor Accidents (Lifetime Care and Support) Regulation 2015 (2015 No 133); notified on NSW Legislation Website 5 March 2015.
22. Lifetime Care and Support Authority Annual Report 2014-15, p.6.
23. State Insurance and Care Governance Act 2015 (Act No.19, 2015), Sch.4, cl.5.