Section Sch1-21 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Transport for independence: matters to which Corporation must have regard

21 Transport for independence: matters to which Corporation must have regard (1) In deciding whether to provide or contribute to the cost of transport for independence, the Corporation must have regard to— (a) any rehabilitation outcome that would be achieved by providing it; and (b) the cost, and the relevant benefit, to the claimant of the transport for independence service for which the claimant has lodged a claim; and (c) the difficulties faced by the claimant in doing the following in relation to the transport used by the claimant before his or her personal injury, without the transport for independence service for which he or she has lodged a claim: (i) driving or operating the vehicle: (ii) gaining access to the vehicle: (iii) enjoying freedom and safety of movement in the vehicle: (iv) travelling as a passenger in the vehicle: (v) transporting any essential mobility equipment in the vehicle; and (d) the need for the claimant to own or have access to a vehicle, having regard to the times at which and the frequency with which the claimant is likely to need that form of transport; and (e) alternative means of transport available to the claimant; and (f) the effect that modifications, or purchase, of a vehicle will have on the likelihood of the claimant obtaining and retaining employment; and (g) the existing vehicle or vehicles owned or used by the claimant; and (h) whether and when the limitations caused by the claimant's personal injury are expected to improve; and (i) any plans and quotes an appropriately qualified person provides for proposed modifications to, or for the purchase of, a vehicle. (2) The Corporation may require the claimant to satisfy the Corporation of the matters set out in subclause (3) or subclause (4) before the Corporation approves the modification or purchase for which the claimant has lodged a claim. (3) The Corporation may require the claimant to satisfy the Corporation that a vehicle will be modified in such a way that it— (a) will be able to be issued with a warrant of fitness; and (b) will— (i) comply with regulations made under the Transport (Vehicle Standards) Regulations 1990; or (ii) comply with any alternative standards prescribed under regulation 6 of those regulations; or (iii) be issued with an exemption under those regulations. (4) If a claimant wishes to drive a modified or newly purchased vehicle, the Corporation may require the claimant to satisfy the Corporation that he or she is likely to be able to drive the vehicle safely, and be legally permitted to drive it. Compare: 1998 No 114 Schedule 1 cl 50