• 1.1This Part applies in relation to services referred to in subsection 4(1) of the Act.
  • 1.2The LSA recognises that because of their Motor Vehicle Injury, Home Modifications will be the preferred option for some Participants or Decision Makers or both, as the case may require. In determining funding for Home Modifications, the LSA will consider the Participant’s short and long term living arrangements, and all reasonable alternatives. This may include the provision and installation of Assistive Technology or relocation to a more appropriate residence, as well as Home Modifications.

  • 2.1The LSA will pay for the necessary and reasonable cost of Home Modifications for a Participant.
  • 2.2All Home Modifications to be funded by the LSA require prior approval In Writing by the LSA.
  • 2.3The LSA’s funding of modifications does not negate the responsibilities of another agency or department to provide them.

  • 3.1The Participant or Decision Maker or both, as the case may require, should be involved in the decision-making processes relating to their Home Modifications and agree to any proposed modifications.
  • 3.2Agreement and permission from the home owner and, if necessary, any body corporate, must be obtained In Writing before the Home Modification process can proceed.

  • 4.1The LSA will first ensure that the Participant’s home is, in the opinion of the LSA, reasonably able to be modified. This will be assessed on several factors including, but not limited to:
    • 4.1.1access to and egress from the home;
    • 4.1.2accessibility to all areas of the home;
    • 4.1.3the safety of the Participant, Family members and Attendant Care Workers;
    • 4.1.4the ownership of the home;
    • 4.1.5the cost and extent of the Home Modifications; and
    • 4.1.6the Participant’s expected length of tenancy, if the home is rented/ owned by another party.
  • 4.2Any necessary council or planning approvals must be obtained before any work can begin.

  • 5.1The LSA will conduct a home assessment using an Appropriately Qualified occupational therapist or other relevant Service Providers.
  • 5.2The assessment will consider the Participant’s current functional status, projected long-term needs and their proposed Home Environment.
  • 5.3The assessment should identify environmental barriers relating to the Motor Vehicle Injury, including analysis of alternative options to overcome these barriers.

For example, non-structural Home Modifications should be considered as an option, if they enable an appropriate level of autonomy or safety for the Participant and Family or support or Attendant Care Workers.

  • 5.4Recommendations for Home Modifications must include clear clinical and practical justification as to why Home Modifications are necessary and reasonable, the outcomes to be achieved and the feasibility of the proposed Home Modifications compared with other alternatives such as relocation. The clinical justification must make reference to the relevant codes and Australian Standards where appropriate.

  • 6.1Factors that the LSA will take into account when deciding if a Home Modification is necessary and reasonable include:
    • 6.1.1the anticipated length of time that the Participant will need Home Modifications and whether this need is likely to change;
    • 6.1.2structural constraints;

For example, size, surrounding terrain and condition of the home.

  • 6.1.3ownership of the property;
  • 6.1.4permission of the owner or body corporate to temporarily or permanently undertake modification to the home;
  • 6.1.5local planning regulations and building permits;
  • 6.1.6length of lease of a Rental Property;
  • 6.1.7anticipated period of occupancy of the home to be modified;
  • 6.1.8the scale and cost of the proposed modifications when considered in conjunction with alternative residential options; and
  • 6.1.9the LSA’s ability to negotiate any necessary agreement or consent required on modifications with any external parties.
  • 6.2The LSA will assess whether Home Modifications are necessary and reasonable based on information contained in building modification project plans, reports from the home assessment completed by the occupational therapist and where utilised, the builder, final modification costs, and any other relevant information or reports.
  • 6.3The LSA may delay permanent or major modifications, where the Motor Vehicle Injury is likely to change or improve. In these circumstances the LSA may approve temporary Assistive Technology or staged modifications to ensure the safety of the Participant in the short term.
  • 6.4If, prior to the commencement or during the works, the home is found to require maintenance or repair, these works need to be completed at the home owner’s cost prior to the LSA funded Home Modification proceeding. Where maintenance or repair work is discovered during the LSA funded Home Modification work, the Home Modification work will cease until the maintenance or repair has been carried out.

For example: discovery of termite damage, electrical damage/ noncompliance.

  • 6.5At times, the property owner, the Participant, their legal representative, Family member or Decision Maker may desire additional building works or higher cost finishes because of aesthetic, architectural or other reasons, which are considered by the LSA to be more than is necessary and reasonable. These works need to be quoted separately, agreed upon and the cost borne by the property owner, Participant, their legal representative, Family member or Decision Maker and must take place only after the completion of the funded works (unless the LSA agrees In Writing or they relate to higher cost finishes paid for by the property owner, Participant, their legal representative, Family member or Decision Maker). Any such additional work should not affect Participant access to or within the area being modified, or in any way adversely compromise the impact of any modifications that have been approved.

  • 7.1The LSA will pay for necessary and reasonable minor Home Modifications irrespective of the type of residence or accommodation being modified, if the owner of the premises agrees to the proposed modifications and the home is able to be modified.

  • 8.1The LSA will pay for necessary and reasonable Home Modifications for Participants in a Rental Property if the owner of the premises agrees to the proposed modifications.
  • 8.2If the Participant moves out of a Rental Property, the LSA will pay for the necessary and reasonable costs of returning a Rental Property to its former state, when the costs:
    • 8.2.1are related to the services or modifications that were previously approved or installed by the LSA; and
    • 8.2.2are related to the Participant’s Motor Vehicle Injury.

For example, the LSA may pay for making good the removal of grab rails, wedge ramps or replacement of a shower screen or hob at the end of a long-term tenancy.

  • 8.3The LSA will only consider other costs relating to returning a Rental Property to its former state if they are necessary and reasonable, related to the Motor Vehicle Injury and specifically requested by the owner.

For example, wear and tear to carpets as a result of wheelchair use.

  • 8.4The LSA will consider funding the cost of relocating to a more suitable premises such as removalist fees only where the move is required due to the Motor Vehicle Injury.

  • 9.1The LSA will pay for Home Modifications where:
    • 9.1.1the home to be modified is the principal place of residence of the Participant or their Family;
    • 9.1.2the Participant intends to remain living at that residence for the foreseeable future; and
    • 9.1.3relocation to another residence, or a more suitable residence, is not an appropriate option for the Participant or their Family.
  • 9.2The LSA may seek an agreement with the Participant or Decision Maker or both, as the case may require, or home owner for Home Modifications regarding the potential for Home Modifications to increase the value of the home. The agreement may require the cost of the Home Modifications to be depreciated at 10 per cent per year over ten years. If the Home Modifications have led to a material increase in the value of the home, the agreement may require that any increase in value to the home as a direct consequence of the Home Modifications to be depreciated at 10 per cent per year over ten years. In the case of a major modification where the home is sold within ten years of installation, the owner may be required to reimburse the LSA for any pro rata costs. Reimbursement will occur on settlement. Home valuation reports will be required and will be the responsibility of the LSA.
  • 9.3Taking into account the scale and cost of the proposed modifications, and the value of the property, the LSA may consider rebuilding or contributing to the cost of rebuilding, either on the existing land or elsewhere, if considered by the LSA to be cost effective compared with other options.

  • 10.1If the home is unable to be cost-effectively modified and relocation is the most appropriate option, the LSA may pay for the necessary and reasonable costs of:
    • 10.1.1assistance to locate an appropriate home where the Participant or Decision Maker or both, as the case may require, is unable to look for alternative properties, or does not have Family or friends to assist them to locate a suitable property;
    • 10.1.2professional assistance in order to identify suitable residential options for the Participant and Family;

For example, assessment of a property by an occupational therapist or an Appropriately Qualified person approved by the LSA.

  • 10.1.3real estate agent fees;
  • 10.1.4advertising costs;
  • 10.1.5legal and conveyancing fees at both ends of the transaction;
  • 10.1.6stamp duty;
  • 10.1.7Land Titles Office transfer fee;
  • 10.1.8cleaning costs associated with preparing a home for sale or rental; and
  • 10.1.9furniture removal.

  • 11.1When considering relocation to or the build of a new home, the LSA expects that the Participant or Decision Maker or both, as the case may require, will locate or design a property that does not require substantial modification. The LSA does not consider it reasonable that a Participant with significant functional limitations chooses to move to or build a home where substantial modifications need to be undertaken to allow them to reasonably access the home or parts of the home.
  • 11.2The LSA will only pay for necessary and reasonable modifications to a new home to enable the Participant to access the following areas of the home:
    • 11.2.1a bathroom and toilet;
    • 11.2.2a bedroom;
    • 11.2.3a living/ dining area; and
    • 11.2.4a kitchen (for Participants who can fully or partially prepare their own food or beverages).
  • 11.3If the Participant or Decision Maker or both, as the case may require, or their family is seeking to purchase or rent a new home which would require modifications, the LSA requires an assessment by a suitably qualified occupational therapist, a current building report, pest report and any other relevant documentation be provided before the home is purchased or rented, to ensure that the home is reasonably able to be modified. If such reports are not provided, the LSA will not pay for Home Modifications after purchase or renting. The LSA will meet the cost of the relevant reports.

  • 12.1Modifications will be approved by the LSA if considered necessary and reasonable, following consideration of an agreed scope of works and a quotation for works to deliver the proposed modifications.
  • 12.2All Home Modifications the LSA pays for must be undertaken by an Appropriately Qualified licensed builder or tradesperson who holds current registration as a company or as a business/ sole trader and appropriate insurance.
  • 12.3The Home Modification must be in accordance with the scope of works and quotation approved by the LSA and in accordance with the Discharge Plan or MyPlan. Any variations to the job specifications must be approved by the LSA, In Writing, prior to the work being completed.

  • 13.1The LSA will pay for the necessary and reasonable cost of basic access, such as ramps, rails, doorway widening, and minor bathroom modifications for a secondary residence which is lived in concurrently by a Participant.

For example, a Participant who is a child may require a second Home Modification to stay at the residence of the parent/ legal guardian/ Family member who is not the primary carer but has joint custody, or has agreed regular overnight access visits in an agreement ratified by the Family Court or agreed to by both parents.

  • 13.2In determining if modifications to a secondary residence are necessary and reasonable, the LSA will consider the nature and extent of any previous Home Modifications approved by the LSA, along with the anticipated amount of time that the Participant is expected to spend in the secondary residence, the reason for this, such as shared parenting arrangements versus a holiday home and the potential benefit of modifying the secondary residence.

  • 14.1The LSA recognises it may be necessary and reasonable to fund more than one Home Modification as the Participant’s circumstances change. Such circumstances may include, but are not limited to:
    • 14.1.1a Participant living with others who becomes able to live independently, such as a young adult leaving home;
    • 14.1.2deterioration in the Participant's health as a direct result of the Motor Vehicle Injury;
    • 14.1.3a Participant who may need to relocate in order to access employment or services more readily; or
    • 14.1.4other significant changes in the Participant’s personal circumstances such as marriage, separation or having children.
  • 14.2If subsequent Home Modifications are requested, the LSA does not consider it reasonable that it funds multiple, major Home Modifications for one Participant.
  • 14.3If subsequent Home Modifications are requested, the LSA will consider in addition to factors set out in Part 10, Rule 6:
    • 14.3.1the extent of the requested modifications;
    • 14.3.2the age of the Participant; and
    • 14.3.3the likely future circumstances of the Participant.

  • 15.1The LSA will pay for the necessary and reasonable cost of repairs to and maintenance of Home Modifications funded by the LSA that are essential for Participant access or safety and related to the Motor Vehicle Injury, and would not normally be required by the home owner. The LSA will consider funding the costs of repairs and maintenance for any additional wear and tear to a property that is a result of the Motor Vehicle Injury.

For example, damage to floorboards from wheelchair use.

  • 15.2If costs for Home Modifications were not paid for in full by the LSA (for example, shared with the property owner), then the LSA will pay for the cost of repairs or maintenance proportional to the original costs paid.
  • 15.3The Participant or Decision Maker or both, as the case may require, or property owner is responsible for any repairs and maintenance as a result of normal wear and tear (such as replacement of bathroom fittings/ fixtures), for the upkeep of a residence (such as house painting) or maintenance of any additional works not funded by the LSA.

  • 16.1The LSA will pay for the cost of room temperature control Assistive Technology if the Participant is unable to self-regulate their body temperature as a result of the Motor Vehicle Injury, or if the lack of room temperature control causes secondary complications.
  • 16.2For a Participant with a complete spinal cord lesion at or above the level of T6, the LSA does not require the certification of a Medical Specialist for the provision of room temperature control Assistive Technology.
  • 16.3For Participants, other than those who have sustained a complete spinal cord lesion at or above the level of T6, the LSA will require certification by an Appropriately Qualified Medical Specialist that the Participant has an impaired or absent ability to regulate their body temperature which will not resolve, or causes significant secondary care complications.
  • 16.4Where an increase in the total consumption of energy can be shown to relate directly to the running of the room temperature control Assistive Technology, the LSA may contribute to the costs associated with its operation, if the Participant is unable to self-regulate their body temperature as a result of the Motor Vehicle Injury.
  • 16.5The LSA will estimate the costs associated with the operation of room temperature control Assistive Technology by considering:
    • 16.5.1government or energy provider calculators of energy costs and usage to estimate average increased running costs and the amount that the LSA would pay;
    • 16.5.2the number and size of rooms to be heated/ cooled;
    • 16.5.3whether the room temperature control Assistive Technology is used by the Participant alone and whether there is a mutual benefit for other household members;
    • 16.5.4the proportion of the pre-accident utility accounts related to the Participant’s usage; and the increase from pre-accident costs to current costs where the comparisons are able to be applied; and
    • 16.5.5eligibility for energy concessions such as the pensioner concession card.
  • 16.6Any change of domestic circumstances or prolonged absence from home will require a reassessment of the LSA’s contribution rate to the operating costs.
  • 16.7The LSA may contribute to the costs associated with maintenance and repair of room temperature control Assistive Technology if the Participant is unable to self-regulate their body temperature as a result of a Motor Vehicle Injury. The LSA may pay a contribution to the reasonable costs of servicing, preventative maintenance and repairs of room temperature control Assistive Technology. The LSA will negotiate this contribution having regard to the Assistive Technology to be operated, e.g., air conditioner or heater and the number and size of rooms to be heated or cooled.
  • 16.8Before the LSA will pay for any contribution to room temperature control Assistive Technology, maintenance or running costs, the Participant or Decision Maker or both, as the case may require, must have fully claimed and utilised any entitlement to concessions, grants or rebates.

  • 17.1The LSA will not pay for:
    • 17.1.1any Home Modifications undertaken without approval from the LSA;
    • 17.1.2Home Modifications for any residence or property that constitutes, is likely to constitute, or will result in, an illegal structure.
    • 17.1.3Home Modifications required as a result of a condition that existed before or subsequent to the Motor Vehicle Accident, or that are not required as a result of the Motor Vehicle Accident;
    • 17.1.4Home Modifications where the owner, body corporate or other responsible authority has not given permission In Writing for the modifications;
    • 17.1.5the costs of modifications where the Participant or Decision Maker or both, as the case may require, was advised that the home is unsuitable for modification and subsequently proceeded to purchase or rent the home;
    • 17.1.6the cost of more than one strata report, building report or pest inspection report, per property;
    • 17.1.7costs of any repairs or maintenance issues identified in strata, building or pest inspection reports;
    • 17.1.8body corporate/ strata fees;
    • 17.1.9council or water rates;
    • 17.1.10building or construction of in-ground or above-ground pools, spas or other aqua-therapy facilities;
    • 17.1.11insurance of the home in which the modifications have been installed;
    • 17.1.12any loss of value of any home resulting from any modifications to, or removal of modifications from, the home; or
    • 17.1.13other costs associated with the end of a tenancy that are a condition of the lease, such as advertising costs associated with breaking a lease, steam cleaning of carpets or cleaning a property at the end of a tenancy.
    • 17.1.14items that are normal household items (such as furniture or whitegoods, smoke alarms, surge protectors, towel rails, fans, lights, hot water services, security doors and windows) that are not related to the Participant’s need arising from the Motor Vehicle Injury, unless these items have required removal due to the Home Modifications and replacement of like for like items is agreed to and included in the scope of works; or
    • 17.1.15ordinary living expenses such as food, utilities etc.

  • 18.1The LSA will not pay for:
    • 18.1.1any room temperature control Assistive Technology that another agency or department is responsible for providing;
    • 18.1.2energy services and supply charges;
    • 18.1.3the entire costs of energy; or
    • 18.1.4prospective payments for energy costs in advance.

Page last updated: 16 September 2022