1.1 This Part applies in relation to services referred to in section 4(1) of the Act.
1.2 The LSA will pay for the necessary and reasonable costs of modifications to a motor vehicle where, as a result of the motor vehicle injury, a participant reasonably requires modifications to travel as a passenger or drive a motor vehicle.
1.3 A participant is eligible for modifications to a motor vehicle if:
1.3.1 the participant has a physical, sensory and/or cognitive disability, as a result of the motor vehicle injury, which prevents them from safely driving, accessing or travelling as a passenger in an unmodified motor vehicle;
1.3.2 the modification would reduce or eliminate the need for a funded attendant carer to travel with the participant;
1.3.3 the participant owns or has access to a motor vehicle on a regular basis; or
1.3.4 the participant has been assessed by an appropriately qualified occupational therapist as requiring modifications to a motor vehicle.
1.4 In considering whether motor vehicle modifications are necessary and reasonable, the LSA will obtain advice on all suitable transport options and costs.
2.1 All motor vehicle modifications require prior approval in writing from the LSA.
2.2 The LSA will pay for the necessary and reasonable modifications to:
2.2.1 the participant's own motor vehicle;
2.2.2 the participant’s guardian's motor vehicle, in the case of a dependent child;
2.2.3 a shared-use motor vehicle where, prior to the accident, the use and costs of a motor vehicle were shared with a spouse or family member; or
2.2.4 a work motor vehicle if, prior to the motor vehicle injury, the participant had the use of a work motor vehicle, and the participant has returned to work post-accident and requires the use of the work motor vehicle, subject to the LSA receiving written permission from the owner of the motor vehicle.
2.3 The LSA may pay for modifications to more than one motor vehicle, if the LSA assesses such modifications as being necessary and reasonable.
2.4 If the participant is to be the driver, the LSA will only pay for the cost of motor vehicle modifications where the participant’s doctor or a member of the treating health care team, such as a qualified driving assessor, has confirmed in writing the participant’s suitability to drive.
2.5 The LSA will only pay for modifications to a motor vehicle that are commercially available features, required as a result of the motor vehicle injury and when the participant’s motor vehicle does not already have them.
For example, automatic transmission or electric windows.
2.6 Modifications, other than minor modifications, must be completed in accordance with the applicable jurisdiction’s legislation in force at the relevant time.
For example, alternative controls for brake and accelerator, wheelchair hoist system, wheelchair restraining devices or wheelchair access ramp.
Minor modifications are those that do not alter the structure or safety of the motor vehicle.
For example, seatbelt buckle covers to enable a participant to travel safely in a vehicle or panoramic mirrors and fish eye mirrors.
2.7 The LSA will also pay for the necessary and reasonable cost of:
2.7.1 the assessment conducted by an appropriately qualified occupational therapist of the need for motor vehicle modifications;
2.7.2 training the driver in the safe and correct use of motor vehicle modifications;
2.7.3 maintaining, repairing, transferring and replacing modifications; and
2.7.4 any additional insurance costs which are directly related to the participant’s needs as a result of the motor vehicle injury.
3.1 The LSA considers it reasonable to pay for modifications to a motor vehicle no more than every eight years, unless there is a change in the participant's medical condition which prevents the participant accessing the previously modified motor vehicle.
3.2 If the owner of a motor vehicle which has been modified by the LSA, wishes to purchase a replacement motor vehicle, the LSA may pay for the transfer of modifications that are not commercially available to the replacement motor vehicle if this is cost effective.
4.1 The modified motor vehicle remains the property of the owner. All costs normally associated with motor vehicle ownership, including running costs and servicing, are the owner's responsibility.
4.2 The LSA will not pay for:
4.2.1 modifications to a motor vehicle for a circumstance or condition that existed before a motor vehicle accident or that is not a result of the motor vehicle accident;
4.2.2 the outright purchase of a motor vehicle, unless in exceptional circumstances;
4.2.3 significant modifications to a motor vehicle to travel as a passenger as well as being able to drive it.
4.3 When considering motor vehicle modifications, the safety of the participant and driver or passengers of the motor vehicle is the paramount consideration. The LSA will not pay for modifications to a motor vehicle that do not comply with intent of the applicable Australian Standards, Australian Design Rules or any Road Traffic Act 1961 regulations or any other applicable laws of the State or Commonwealth.
5.1 The LSA will generally not fund major modifications to more than one motor vehicle.
5.2 The LSA may consider funding modifications in some circumstances, such as modifications for the purposes of returning to work, where the participant may need minor modifications to more than one motor vehicle.