For example:

• a child Participant would receive education supports available to all children with disability and the LSA would fund additional TCS services that were needed.
• a Participant who is an NDIS Participant due to other injuries or disabilities would continue to receive support from the NDIS for that injury or disability and the LSA would fund the TCS services related to the Motor Vehicle Injuries.
• a Participant who is eligible for aged care supports would receive services and supports required due to their ageing, whilst the LSA would continue to fund supports related to the Motor Vehicle Injuries.

In the Rules, these words and phrases have the following meanings:

Act means the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 (SA). A reference in these Rules to a section “X” is a reference to a section of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 (SA).

AHPRA is the Australian Health Practitioner Regulation Agency.

AMA is the Australian Medical Association.

Applicant is a person applying, or on behalf of whom an application was made, to be part of the Scheme.

Application Form means the form developed by the LSA to enable application to the Scheme and made available on its website.

Appropriately Qualified for the purposes of these Rules, any reference to “appropriately qualified” is an assessment of the LSA with respect to the specialist skills that a person has in assessing, prescribing, recommending or providing services.

ASIA Impairment Scale Score refers to the published scale of the American Spinal Injury Association: International Standards for Neurological Classification of Spinal Cord Injury, revised 2019, Richmond, VA, USA.

Assessed Care Needs means the LSA’s assessment of the Participant’s TCS needs which relate to the Motor Vehicle Injury and are necessary and reasonable in the circumstances, as defined in subsection 4(1) of the Act and these Rules.

Assessor means a person appointed or engaged as an Assessor under section 30(4) of the Act.

Assistive Technology means products, equipment and systems that enhance learning, working and daily living for people with disabilities, and represents aids and appliances referred to in section 4(1) of the Act.

Attendant Care Worker means an employee of, or person engaged by, an approved provider of attendant care services to perform services or assist the Participant, such as (but not limited to):

Australian Standards means standards published by Standards Australia.

Brachial Plexus Avulsion means avulsion of the nerve roots of the brachial plexus from the spinal cord, as assessed by an Appropriately Qualified Medical Specialist.

Brachial Plexus Rupture means a disruption of the roots, trunks or cords of the brachial plexus, as assessed by an Appropriately Qualified Medical Specialist.

Business Day means any day except Saturday, Sunday or a Public Holiday.

Calendar Day means each day of the Calendar, including Saturday, Sunday or a Public Holiday.

Certificate means a Certificate issued:

Community Access Support are support services relating to the completion of daily living tasks, social activities and community participation.

Decision Maker means a person with legal authority to take an action or give an authorisation under the Act or LSS Rules on behalf of the Participant to whom their legal authority relates. Where used in these Rules, parent or legal guardian will imply ‘Decision Maker’. The Decision Maker must take reasonable steps to involve the Participant in the decision making process.

Discharge Plan is the plan that usually documents a Participant’s assessed TCS needs required post-discharge from an inpatient facility. It is prepared by the LSA, in consultation with the Participant and their treating team. The Discharge Plan represents the certification of TCS needs as required under section 30 of the Act.

Dispute means a Dispute about a non-medical matter or any aspect of a non-medical matter under Part 5 Division 1 of the Act or a Dispute about eligibility under Part 5 Division 2 of the Act.

Domestic Services include a variety of household services such as cleaning, cooking, laundry, and ironing.

Eligible Injury means the injury assessed as eligible under Part 2 of the Rules.

Expert Review Panel (ERP) means an Expert Review Panel constituted under Schedule 1 of the Act.

Family includes key people who are identified to be a member of the Participant’s Family or an integral part of the Participant’s close personal support network.

Functional Independence Measure™ – FIM™ is a tool used to assess a person’s function. Where referred to in these Rules, the version used is published on the LSA’s website.

The FIM™ is an assessment of a person’s function conducted by a Service Provider or Service Providers who are trained in FIM™ and are credentialed through the Australasian Rehabilitation Outcomes Centre or equivalent international jurisdictions.

Fund means the Lifetime Support Scheme Fund established under Part 7 of the Act.

Glasgow Coma Score (GCS) is a neurological scale that aims to deliver a reliable, objective way of recording the conscious state of a person for initial, as well as subsequent assessment.

Greenwood Burns Scale is the assessment for burns designed by Professor John Greenwood.

Home Environment is the Participant's principal place of residence.

Home Modification is a modification to the structure, layout or fittings of the Home Environment where the Motor Vehicle Injury restricts or prevents the ability to utilise the home’s standard fittings or facilities.

In Writing means when a notification, Certificate, letter or document is provided to the LSA, a Participant or Decision Maker by post or email.

Interim Participant refers to a person accepted for interim participation in the Lifetime Support Scheme, as provided for under the Act.

International Standards to document remaining Autonomic Function after Spinal Cord Injury (ISAFSCI) is the standard published by the American Spinal Injury Association and International Spinal Cord Society documenting the remaining autonomic functions following spinal cord injury.

International Standards for Neurological Classification of Spinal Cord Injury (ISNCSCI) is the sensory and motor examination used to determine the neurological level of the injury and whether the injury is complete or incomplete. The completeness of the injury is graded according to the ASIA Impairment Scale Score A to E.

Lifetime Participant refers to a person accepted for lifetime participation in the Lifetime Support Scheme, as provided for under the Act

MBS is the Medicare Benefits Schedule.

Medical Specialist means doctors and medical practitioners who have completed advanced education and clinical training in a specific area of medicine (their specialty area) as per the AHPRA revised list of specialties, fields of specialty practice and related specialist titles.

Metacarpophalangeal Joint means the joints between the metacarpal bones and the Proximal phalanges of the fingers.

Model Litigant means the duties of the Crown to act as a Model Litigant, as specified in Legal Bulletin No. 2, issued on 10 June 2011 by the Attorney General of the South Australian Government, as or amended from time to time.

Motor Vehicle Accident has the same meaning as the definition in section 3(1) of the Act.

Motor Vehicle Injury means any injury caused by or arising from the Motor Vehicle Accident that caused the Eligible Injury, and includes the Eligible Injury.

Motor Vehicle Modification is any modification to the structure or fittings of a vehicle where the Motor Vehicle Injury restricts or prevents the use of the motor vehicle without modification.

MyPlan is the plan that documents the Participant’s assessed TCS needs and is prepared by the Participant or Decision Maker or both, as the case may require, and the LSA. The MyPlan represents the certification of TCS needs as required under section 30 of the Act.

Offeree means the Participant or Decision Maker provided with the offer by the LSA to enter into a Self-Directed Support Agreement.

Orthotic device means an externally applied device used to compensate for impairments of the structure and function of the neuro-muscular and skeletal systems.

Part means a Part of the LSS Rules or relevant legislative instrument.

Participant means a person accepted under the Act as a Participant in the Scheme (either as a Lifetime Participant or as an Interim Participant).

Participant Choice means the lawful preferences and decisions made by the Participant or their Decision Maker or both, as the case may require regarding the Participant’s goals, MyPlan, choice of provider as well as TCS where relevant.

Person-Centred Approach is the LSA’s approach in supporting Participants, that is respectful of, and responsive to the preferences, needs and values of Participants.

Pharmaceutical Products include prescribed and non-prescribed (over-the-counter) medications. Pharmaceutical Products also encompasses different mediums of Pharmaceutical Product administration including oral, intravenous and topical.

Prosthetic device is a device used to replace wholly, or in part, an absent or deficient limb segment. Any reference to a Prosthetic device in the Rules includes any associated componentry.

For example, socket, prosthetic joints, pylon, liner, valve, adaptor, foot.

Proximal means situated nearer to the centre of the body or the point of attachment.

Public Holiday has the same meaning as defined in the Holidays Act 1910 (SA).

Rehabilitation is a set of interventions designed to optimise functioning and reduce disability in individuals with Motor Vehicle Injuries in interaction with their environment. Rehabilitation helps a Participant to be as independent as possible in everyday activities and enables participation in education, work, recreation and meaningful life roles. This includes physical, cognitive, social, emotional, vocational and education support.

Reimbursement Arrangement means an arrangement under which the LSA agrees to reimburse the Participant or Decision Maker or both, as the case may require, for the cost of already incurred necessary and reasonable TCS.

Rental Property is a home lived in by a Participant whereby rent is paid to a private owner, Government or Public Authority or a Community Housing Association.

Return to Work Corporation of South Australia (RTWSA) is a statutory authority established pursuant to the Return to Work Act 2014 (SA) to administer the South Australian Return to Work Scheme.

Review means a review of a:

Review Officer means those persons assigned or appointed by the Lifetime Support Authority to act as Review Officers under section 34(11) of the Act.

Rules means the Lifetime Support Scheme Rules.

Schedule of Fees refers to fees set by the LSA and published on the LSA’s website.

Scheme refers to the Lifetime Support Scheme.

Self-Directed Support means Treatment, care and support services that an eligible Participant or Decision Maker, engages, organises and funds themselves, from an amount agreed with, and paid over to the Participant or Decision Maker by the LSA, under a Self-Directed Support Agreement.

Self-Directed Support Agreement means an agreement (in a form determined by the LSA) that prescribes the terms and conditions for Self-Directed Support.

Service Order means the document issued to Service Providers to contract for the services provided to Participants.

Service Provider means a provider providing TCS services under the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 (SA).

Snellen Scale is used by eye care professionals to measure visual acuity.

Standard Property means a home consisting of no more than four bedrooms, on land up to, but no greater than 1,000 square metres.

Support Services are those services that complement Rehabilitation services and focus on interventions that engage natural and community supports.

For example, this might include assistance in learning to use public transport, accessing community facilities or engaging with informal networks.

Treatment, Care and Support (TCS) means Treatment, care and support authorised by the Act.

Treatment, Care and Support needs (TCS needs) means the needs defined in section 4(1) of the Act (that have not been excluded under subsection 4(2) of the Act) and which have been assessed as necessary and reasonable in the circumstances of an individual Participant.

Treatment Care and Support services (TCS services) means any service that addresses an assessed TCS need.

TCS Travel Plan means the TCS Travel Plan referred to in Part 15.

TCS Permanent International Residence Plan means the TCS Permanent International Residence Plan referred to in Part 15.

WeeFIM® is the paediatric version of the FIM™. It is a similar tool to the FIM™ though it differs in its scoring processes taking into account the child’s developmental stages. The WeeFIM® has norms and a different scoring system to the adult FIM™. WeeFIM® is an assessment of a child’s function conducted by a Service Provider or Service Providers who are trained in WeeFIM® and are credentialed through the Australasian Rehabilitation Outcomes Centre or equivalent international jurisdictions.

WeeFIM® Age Norm any reference to the age norm of any item on the WeeFIM® is a reference to the normative data published in the WeeFIM® issued by Uniform Data System for Medical Rehabilitation.

Westmead PTA Scale measures the period of post-traumatic amnesia and is used in South Australian health services.

Workplace Modifications are modifications to fittings of a workplace beyond the requirements of the Disability Discrimination Act 1992 (Cth).

Editorial Notes –

These Rules are a “legislative instrument” within the meaning of the Legislation Interpretation Act 2021 (SA).

Subsection 14(1) of the Legislation Interpretation Act 2021 (SA) provides that, [I]n interpreting a provision of an Act or a legislative instrument, the interpretation that best achieves the purpose or object of the Act or the instrument (whether or not that purpose or object is expressly stated in the Act or instrument) is to be preferred to any other interpretation.

The principles of legislation interpretation apply to the interpretation of these Rules, including:

Editorial Notes –

Part 17, Rule 2.2 incorporates the eligibility criteria of Part 2 of these Rules.

Exclusions to participation are contained in subsection 24(5) of the Act and grounds of suspension from participation are Part 1, Rule 5.2 of these Rules.

Editorial Notes –

Subsection 56(3)(d) of the Act authorises Part 1 Rule 2.6.

Editorial Notes –

Subsection 28(6) of the Act authorises Part 1 Rule 5.8. A Participant is not entitled to recover from the LSA any costs incurred during the period of suspension.

Editorial Notes –

Section 58A of the Civil Liability Act 1936 (SA) outlines the impact of being a Participant in the Lifetime Support Scheme on CTP settlements.

Lifetime Support Authority
PO BOX 1218
Adelaide SA 5000

Editorial Notes –

The LSA may disclose or receive information in relation to a provider with relevant Commonwealth, State and Territory authorities (including the National Disability Insurance Agency, NDIA Quality and Safeguards Commission, AHPRA, Department for Child Protection, Aged Care Quality and Safety Commission, personal injury schemes, etc.) or other organisations, where required to manage quality and safety issues in the conduct of its business operations or when legislatively required to do so.

Editorial Notes –

For “other information” refer to Regulation 5 of the Motor Vehicle Accidents (Lifetime Support Scheme) Regulations 2014 (SA).

Editorial Notes –

The IPPs can be found on the Department of the Premier and Cabinet website as Circular PC012 “Information Privacy Principles”.