Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) The cost to the respondent of providing the rehabilitation services may be taken into account in the assessment of damages for the motor accident claim only if the respondent has given the claimant an assessment of damages notice under section 128.
(2) If the cost of rehabilitation services is to be taken into account in the assessment of damages, the cost is taken into account as follows:
(a) the claimant's damages are first assessed (without reduction for contributory negligence) on the assumption that the claimant has incurred the cost of the rehabilitation services as a result of the personal injury caused by the motor accident;
(b) any reduction to be made on account of contributory negligence is then made;
(c) the total cost of rehabilitation services is then set-off against the amount assessed.