MVCS

If there is a breach of any of the MVCS requirements, the delegate may notify the person in writing that:

The delegate should determine the amount of compensation that is payable, to an eligible person under the MVCS, according to what is reasonable.

In reaching this decision, the delegate will consider factors such as, but not limited to:

If the MRCC subsidises the purchase of a motor vehicle for a person, the person is taken to be the legal owner of the motor vehicle.

However, the Commonwealth has a chattel mortgage interest in the motor vehicle to the extent of the amount of the subsidy. The conditions attached to a chattel mortgage include the following:

The motor vehicle cannot be:

An eligible person under the MVCS is a person who has:

If an eligible client’s current vehicle is not capable of having necessary driving devices fitted, or modifications made to it, then DVA can only provide compensation for the cost of the OT recommended modification or driving device. Compensation coverage does not extend to the cost of the vehicle itself. A client may purchase a suitable vehicle at their own cost and be compensated under MVCS for the costs of the approved driving devices or modifications.

An eligible person is entitled to motor vehicle modifications if the delegate is satisfied that:

Section 3.3 of the Motor Vehicle Compensation Scheme (MVCS) Legislative Instrument enables the Commission to consider provision of compensation for the purchase of an initial vehicle. Where the Commission provides compensation (a subsidy) for the purchase of a motor vehicle for a person for the first time, that vehicle is known as an “initial motor vehicle”. An initial MVCS vehicle may be new or a second-hand.

A person will not be entitled to compensation under the MVCS if they are a resident of a care institution and are not capable of leaving that institution.

A “care institution” means:

• a residential care facility;
• a hospital;
• a hospice;
• a psychiatric institution; or
• any similar institution that provides daily care for the person, but does not include the person’s private home.

A person is not entitled to compensation under the MVCS if the person receives or has received: