Section 228 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Application and source of funds

228 Application and source of funds (1) The purpose of the Treatment Injury 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 . (2) The funds for the Treatment Injury Account are to be derived from— (a) any levies payable by registered health professionals or any organisation that provides treatment under this Act, or a prescribed class of such persons or organisations; and (b) if there is no such levy or the levy relates only to funding part of the Account, from the Earners' Account (in the case of an earner) or the Non-Earners' Account (in the case of a non-earner); and (c) in the case of injuries suffered before the prescribed date from which levies become payable, from the Earners' Account (in the case of an earner) or the Non-Earners' Account (in the case of a non-earner). (3) The excluded kind of injury is treatment injury, where the treatment is provided for a work-related personal injury. (4) The funds in the Treatment Injury Account must be applied to meet the costs of— (a) entitlements in respect of persons who have cover for treatment injury (other than the excluded kind of injury specified in subsection (3) ); and (b) administering the Account; and (c) any other expenditure authorised by this Act. Compare: 1998 No 114 s 296 Subsection (1) was substituted, as from 1 July 2005, by section 40(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45). Subsection (1) was amended, as from 1 April 2007, by section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8) by substituting “ Treatment Injury Account ” for “ Medical Misadventure Account ” . See sections 14 to 16 of that Act for the transitional provisions. Subsection (2) was amended, as from 1 April 2007, by section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8) by substituting “ Treatment Injury Account ” for “ Medical Misadventure Account ” . See sections 14 to 16 of that Act for the transitional provisions. Subsection (3) was substituted, as from 1 July 2005, by section 40(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45). Subsection (4) was amended, as from 1 April 2007, by section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8) by substituting “ Treatment Injury Account ” for “ Medical Misadventure Account ” . See sections 14 to 16 of that Act for the transitional provisions. Subsection (4)(a) was substituted, as from 1 July 2005, by section 40(3) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).