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This is a Bill, not an Act. For current law, see the Acts databases.
ROAD TRANSPORT (THIRD-PARTY INSURANCE) BILL 2007
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Road
Transport (Third-Party Insurance) Bill 2007
Contents
Page
Part 1.1 Civil Law
(Wrongs) Act 2002 196
Part 1.2 Road
Transport (Alcohol and Drugs) Act 1977 198
Part 1.3 Road
Transport (Dimensions and Mass) Act 1990 198
Part 1.4 Road
Transport (Driver Licensing) Act 1999 198
Part 1.5 Road
Transport (General) Act 1999 199
Part 1.6 Road
Transport (General) Regulation 2000 201
Part 1.7 Road
Transport (Offences) Regulation 2005 203
Part 1.8 Road
Transport (Public Passenger Services) Act 2001 205
Part 1.9 Road
Transport (Safety and Traffic Management) Act 1999 205
Part 1.10 Road
Transport (Vehicle Registration) Act 1999 205
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Road Transport
(Third-Party Insurance) Bill 2007
A Bill for
An Act about third-party insurance, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Road Transport (Third-Party Insurance) Act
2007.
Note 1 This Act is part of the road transport legislation.
See the Road Transport (General) Act 1999 for various provisions about
the administration and enforcement of the road transport legislation
generally.
Note 2 Other road transport legislation includes the
following:
• Road Transport (Alcohol and Drugs) Act 1977
• Road Transport (Dimensions and Mass) Act 1990
• Road Transport (Driver Licensing) Act 1999
• Road Transport (Public Passenger Services) Act
2001
• Road Transport (Safety and Traffic Management) Act
1999
• Road Transport (Vehicle Registration) Act 1999.
Note 3 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition ‘road transport
legislation—see the Road Transport (General) Act 1999,
section 6.’ means that the term ‘road transport
legislation’ is defined in that section and the definition applies to this
Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
5 Offences
against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code,
pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
Part
1.2 Important
concepts
6 What
is a personal injury?
In this Act:
personal injury means bodily injury and
includes—
(a) psychological or psychiatric injury; and
(b) damage to spectacles, contact lenses, dentures, hearing aids,
crutches, wheelchairs, artificial limbs and prosthetic devices; and
(c) death.
Examples—psychological or psychiatric
injury
mental or nervous shock
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
7 Meaning
of motor accident and injured person
In this Act:
motor accident means an incident that—
(a) involves the use or operation of a motor vehicle; and
(b) causes personal injury to an individual (the injured
person); and
(c) happens when—
(i) someone is driving the motor vehicle; or
(ii) someone or something collides with the motor vehicle; or
(iii) someone takes action to avoid colliding with the motor vehicle;
or
(iv) the motor vehicle runs out of control.
8 When
does someone use a motor vehicle?
(1) For this Act:
use, a motor vehicle, includes—
(a) drive, park or stop the vehicle on a road or road related area;
and
(b) maintain the vehicle; and
(c) if the vehicle is towing a trailer—use the trailer while
attached to the vehicle; and
(d) if the vehicle is a tow truck towing or carrying an uninsured motor
vehicle—use or operate the uninsured vehicle being towed or carried;
and
(e) anything else prescribed by regulation.
(2) Also, if a trailer being towed by a motor vehicle becomes detached
from the vehicle and runs out of control, the use of the vehicle
is taken to include the trailer while it is running out of control.
9 What
is the insurance industry deed?
In this Act:
insurance industry deed means a deed that—
(a) is between—
(i) the Territory; and
(ii) the nominal defendant; and
(iii) licensed insurers; and
(b) regulates the conduct of CTP insurance business and matters
incidental to—
(i) the conduct of CTP insurance business; and
(ii) the compulsory third-party insurance scheme under this Act.
Note CTP insurance business,
for a licensed insurer, means any business associated with CTP policies
(see s 11).
10 What
may be included in the insurance industry deed?
(1) The insurance industry deed may include provisions for each of the
following:
(a) the requirements for licensed insurers
to make disclosures and reports to the CTP regulator in accordance with
stated standards and requirements;
(b) the apportionment of liability, and sharing of costs, between licensed
insurers;
(c) the appointment of a person to
arbitrate disputes between 2 or more licensed insurers about a motor accident
claim;
(d) the sharing of information between CTP insurers for the mutual
benefit of insurers;
(e) the management of motor accident claims under
CTP policies;
(f) direction and guidance for licensed insurers about initiating,
managing, monitoring and measuring the effectiveness of the provision of
rehabilitation services for injured claimants;
(g) regulation, in any other way, of the conduct of CTP insurance
business under the compulsory third-party insurance scheme under this
Act.
Note CTP insurance business,
for a licensed insurer, means any business associated with CTP policies
(see s 11).
(2) A regulation may prescribe—
(a) what may or must be included in the insurance industry deed;
and
(b) anything else about the content of the deed.
11 What
is CTP insurance business?
In this Act:
CTP insurance business, for a licensed insurer, means
any business of the insurer associated with CTP policies.
12 Who
is an owner of a registered motor vehicle?
In this Act:
owner, of a registered motor vehicle, means each of the
following people:
(a) a person who is a registered operator of the vehicle, unless the
person has—
(i) sold the vehicle or the person’s interest in the vehicle;
or
(ii) ceased to have possession of the vehicle;
Note A registered operator
is a person recorded in the registrable vehicles register as a registered
operator of the vehicle (see Road Transport (Vehicle Registration) Act
1999, dict).
(b) a person who is a sole or joint owner of the vehicle, unless the
person has—
(i) sold the vehicle or the person’s interest in the vehicle;
or
(ii) ceased to have possession of the vehicle;
(c) if a registered operator or sole or joint owner of the vehicle has
sold the vehicle, or the person’s interest in the vehicle, or ceased to
have possession of the vehicle—anyone who solely or jointly, or in common
with someone else, is entitled to immediate possession of the vehicle.
13 Who
is an owner of an unregistered motor vehicle?
In this Act:
owner, of an unregistered motor vehicle, means anyone who
solely or jointly, or in common with someone else, is entitled to immediate
possession of the vehicle.
14 Possession
not affected by certain changes
For this Act, whether a person has possession, is entitled to possession or
has ceased to have possession of a motor vehicle is not affected by a change in
possession that happens because of—
(a) any hiring (other than a hiring under a hire-purchase agreement) or
lending of the vehicle for not longer than 3 months; or
(b) the passing of possession of the vehicle to a bailee—
(i) for sale or disposal; or
(ii) for alteration, repair, renovation, storing, or a similar purpose not
involving the use of the vehicle for the bailee’s benefit.
Chapter
2 Compulsory third-party insurance
(CTP insurance)
Part
2.1 CTP insurance—requirement
15 What
is an insured motor vehicle?
In this Act:
insured motor vehicle means a motor vehicle insured under a
CTP policy.
Note The motor vehicles insured under a CTP policy are
mentioned in s 19.
16 Who
is a CTP insured person?
In this Act:
CTP insured person means a person who is insured under a
CTP policy.
Note The people insured under a CTP policy are mentioned in
s 20.
17 Offence—using
uninsured motor vehicle on road or road related area
(1) A person commits an offence if—
(a) the person uses a motor vehicle on a road or road related area;
and
(b) the vehicle is not an insured motor vehicle.
Maximum penalty: 50 penalty units.
Note 1 Use, a vehicle, is defined in s 8 and includes
provisions about trailers. Road and road related
area are defined in the dictionary.
Note 2 Penalties imposed under this Act must be paid into the
nominal defendant fund (see s 66).
(2) This section does not apply to a person who uses a motor vehicle on a
road or road related area if the vehicle—
(a) may lawfully be used on the road or road related area although not
registered; or
(b) is exempted from this section by regulation.
(3) It is a defence to a prosecution for an offence against this section
if the defendant establishes that, at the time the motor vehicle was used on the
road or road related area, the defendant believed on reasonable grounds that the
vehicle was an insured motor vehicle.
Note A trailer does not have to be separately insured
(see s 19, s 60 to s 63).
In this Act:
compulsory third-party policy (or
CTP policy) means an insurance policy—
(a) the subject of which is something mentioned in section 19;
and
(b) insures someone mentioned in section 20; and
(c) insures against the risk mentioned in section 21; and
(d) does not insure against a risk mentioned in section 22.
19 What
is insured under a CTP policy?
A CTP policy has the following subjects:
(a) the motor vehicle that is being registered, or the registration of
which is being renewed, when the CTP insurer for the CTP policy is
selected under Part 2.3 (Selecting a CTP insurer);
(b) a trailer or anything else that—
(i) is attached to the vehicle; or
(ii) becomes detached from the vehicle and runs out of control;
(c) anything else prescribed by regulation.
20 Who
is insured under a CTP policy?
A CTP policy insures—
(a) a person who uses an insured motor vehicle; and
(b) anyone else who is vicariously liable for the person’s use of
the insured motor vehicle; and
(c) anyone else prescribed by regulation; and
(d) if a person mentioned in paragraph (a), (b) or (c) is dead—the
person’s estate.
21 What
risks are covered by a CTP policy?
A CTP policy insures against the risk of liability for personal injury
caused by a motor accident.
22 What
risks are not covered by a CTP policy?
(1) A CTP policy does not insure against the risk of 1 or more of the
following:
(a) liability to pay compensation under the Workers Compensation Act
1951 (or a corresponding law of a State or another Territory);
(b) liability that may be incurred under an agreement unless the liability
would have arisen without the agreement;
(c) liability that is attributable to an act that, having regard to the
nature of the act and the context in which the act was done, it is reasonable to
characterise as an act of terrorism;
Note See s (3) in relation to when
it is reasonable to characterise an act as an act of terrorism.
(d) liability for personal injury, damage or loss—
(i) that arises independently of a wrongful act or omission; or
(ii) to the extent that the personal injury, loss or damage is
attributable to the injured person’s own wrongful act or
omission;
(e) liability to pay exemplary, punitive or aggravated damages;
(f) liability to pay damages for a personal injury that arises gradually
from a series of incidents;
(g) any other liability prescribed by regulation.
(2) To remove any doubt, a CTP policy does not insure the owner or
driver of a motor vehicle if—
(a) the motor vehicle is in an area that is subject to a declaration under
the Road Transport (General) Act 1999, section 12 (Power to include
or exclude areas in road transport legislation) that has the effect of
disapplying this Act; or
(b) the motor vehicle is subject to a declaration under the Road
Transport (General) Act 1999, section 13 (Power to exclude vehicles,
people or animals from road transport legislation) that has the effect of
disapplying this Act; or
(c) the owner or driver is subject to a declaration under the Road
Transport (General) Act 1999, section 13 that has the effect of
disapplying this Act.
(3) For subsection (1) (c)—
(a) an act cannot be characterised as an act of terrorism unless the
act—
(i) causes or threatens to cause death, personal injury or damage to
property; and
(ii) is designed to influence a government or intimidate the public or a
section of the public; and
(iii) is carried out for the purpose of advancing a political, religious,
ideological, ethnic or similar cause; and
(b) a lawful activity or industrial action cannot be characterised as an
act of terrorism.
23 Who
is the CTP insurer?
In this Act:
CTP insurer means—
(a) for an insured motor vehicle—the licensed insurer selected under
Part 2.3 (Selecting a CTP insurer) as the CTP insurer for the motor
vehicle; or
(b) for a CTP insured person—the CTP insurer for the
CTP policy under which the person is insured; or
(c) for a CTP policy—the CTP insurer that issued the
policy.
24 Licensed
insurer not to decline etc to issue CTP policy
A licensed insurer cannot repudiate, or decline to issue or renew, a
CTP policy.
25 CTP insurer
to indemnify insured people
(1) A CTP policy under this Act is binding on the CTP insurer
for the CTP policy.
(2) The CTP insurer for a CTP policy is, despite any other law,
liable to indemnify each CTP insured person for the CTP policy for the
liability that the policy purports to cover.
(3) To remove any doubt, the reference to any other law in
subsection (1) does not include a reference to—
(a) section 22 (What risks are not covered by a CTP policy?);
or
(b) a declaration made under the Road Transport (General)
Act 1999—
(i) section 12 (Power to include or exclude areas in road transport
legislation); or
(ii) section 13 (Power to exclude vehicles, people or animals from
road transport legislation).
26 CTP policy
not affected by change of vehicle ownership
(1) A CTP policy for a motor vehicle is not affected
by—
(a) a change in ownership of the vehicle; or
(b) the transfer of the registration of the vehicle.
(2) If the road transport authority becomes aware of a change in the
ownership or registration details of an insured motor vehicle, the road
transport authority must tell the CTP insurer for the motor vehicle about
the change.
27 CTP policy
not affected by errors
The validity of a CTP policy is not affected by an error of the road
transport authority, or an error of a licensed insurer, in relation to the
policy.
Part
2.3 Selecting a
CTP insurer
28 Selecting
at first registration
If a person applies to the road transport
authority for registration of a motor vehicle, the person must
also—
(a) select, in a way approved by the road
transport authority, a licensed insurer to be the CTP insurer under a
CTP policy for the motor vehicle for the period of registration;
and
(b) pay to the road transport authority the CTP premium for the
CTP policy for the period of registration.
Note CTP premiums must be decided
in accordance with pt 2.6.
29 Selecting
at renewal of registration
If a registered operator of a registered motor vehicle applies for renewal
of registration for the motor vehicle, the registered operator must
also—
(a) select, in a way approved by the road
transport authority, a licensed insurer to be the CTP insurer under a
CTP policy for the motor vehicle for the period of renewed registration;
and
(b) pay to the road transport authority the CTP premium for the
CTP policy for the period of renewed registration.
Note CTP premiums must be decided
in accordance with pt 2.6.
30 What
is a registered motor vehicle?
In this Act:
registered motor vehicle means a motor vehicle registered
under—
(a) the Road Transport (Vehicle Registration) Act 1999;
or
(b) the Interstate Road Transport Act 1985 (Cwlth).
Part
2.4 Length of
CTP policy
31 CTP policy
takes effect on registration or renewal
If the road transport authority registers, or renews the registration of, a
motor vehicle, a CTP policy comes into force for the motor vehicle when the
registration, or renewal of registration, takes effect.
32 CTP policy
in effect while insurer on risk
A CTP policy for a motor vehicle is in force for the period for which
the CTP insurer is on risk under—
(a) section 33 (Insurer on risk—period of registration);
or
(b) section 34 (Insurer on risk—period of grace).
33 Insurer
on risk—period of registration
(1) The CTP insurer of a motor vehicle is on risk for the period of
registration of the motor vehicle.
(2) However, if registration is renewed before the previous period of
registration ends—
(a) the old insurer is on risk until the previous period of registration
expires; and
(b) the new insurer comes on risk immediately after the previous period of
registration expires.
(3) A CTP insurer ceases to be on risk if the CTP policy is
cancelled.
(4) In this section:
new insurer means the CTP insurer whose insurance is
later in time.
Note The old insurer and the new insurer may be the same insurer or
different insurers.
old insurer, in relation to a motor vehicle the registration
of which is renewed during the period of grace or later, means the last CTP
insurer of the vehicle before renewal.
period of registration means—
(a) the period, not longer than 1 year, for which the registration,
or renewed registration, of a motor vehicle is to be in force; or
(b) if the registration, or renewed registration is cancelled or
surrendered before the end of that period—the period for which the
registration, or renewed registration, is actually in force.
renewal of registration of a motor vehicle includes
registration of the vehicle after the previous registration has
expired.
34 Insurer
on risk—period of grace
(1) If registration of a motor vehicle is renewed during the period of
grace—
(a) the old insurer is on risk until midnight on the day registration is
renewed; and
(b) the new insurer comes on risk immediately after midnight and is on
risk for the period of renewed registration.
Note Period of grace is defined in s (4).
(2) If registration is renewed after the period of grace
expires—
(a) the new insurer comes on risk at the time the renewal of registration
is effected; and
(b) the motor vehicle is not an insured motor vehicle from the expiry of
the previous period of registration until the renewal of registration takes
effect.
(3) A CTP insurer ceases to be on risk if the CTP policy is
cancelled.
(4) In this section:
new insurer means the CTP insurer whose insurance is
later in time.
Note The old insurer and the new insurer may be the same insurer or
different insurers.
old insurer, in relation to a motor vehicle the registration
of which is renewed during the period of grace or later, means the last CTP
insurer of the vehicle before renewal.
period of grace means the 14 days after the
registration, or renewal of registration, of a motor vehicle expires.
Note There is no period of grace following the cancellation or
surrender of registration or a renewal of registration of a motor
vehicle.
period of registration—see
section 33 (4).
renewal of registration of a motor vehicle includes
registration of the vehicle after the previous registration has
expired.
Part
2.5 Cancellation of
CTP policies
35 CTP insurer
cannot cancel CTP policy
A CTP insurer has no power to cancel a CTP policy.
36 CTP policy
cancelled if registration cancelled
A CTP policy is cancelled if the registration of the motor vehicle to
which the policy relates is cancelled.
Division
2.6.1 Approval of
CTP premiums
37 What
is a CTP premium?
In this Act:
CTP premium, for a CTP policy, means the insurance
premium approved under this part for the CTP policy.
38 Licensed
insurer to charge approved premium
A licensed insurer may charge a premium for a CTP policy only if the
premium is approved under this part.
Note It is a condition of a CTP insurer licence that the
licensed insurer must comply with this section (see s 178).
39 CTP regulator
may make CTP premium guidelines
(1) The CTP regulator may make guidelines for premiums for
CTP policies (the CTP premium guidelines).
(2) The CTP premium guidelines may—
(a) state how CTP premiums are to be worked out and the factors to be
taken into account in working out CTP premiums; and
(b) require licensed insurers to state how they have worked out
CTP premiums; and
(c) state the additional information the CTP regulator may require
licensed insurers to give to the CTP regulator—
(i) with an application for approval of a premium; or
(ii) to justify CTP premiums they have already given to the
CTP regulator for approval.
Example—additional
information
for estimated investment earnings—the verification of assumptions,
estimated profit, capital allocation to CTP insurance business
Note An example is part of the Act, is
not exhaustive and may extend, but does not limit, the meaning of the provision
in which it appears (see Legislation Act, s 126 and s
132).
(3) The CTP premium guidelines are a notifiable instrument.
Note 1 A notifiable instrument must be notified under the
Legislation Act.
Note 2 It is a condition of a CTP insurer licence that the
licensed insurer must comply with CTP premium guidelines
(see s 178).
40 Licensed
insurer to apply for approval of premiums
(1) A licensed insurer must apply to the CTP regulator for approval
of premiums the licensed insurer proposes to charge for CTP policies the
licensed insurer intends to issue—
(a) after the defined period after the licensed insurer’s premiums
were last approved by the CTP regulator; or
(b) if the CTP regulator, by written notice (an approval
notice), requires the licensed insurer to apply for the
approval.
(2) If a licensed insurer receives an approval notice, the licensed
insurer must make the application not later than 4 weeks after the day the
licensed insurer receives the approval notice.
Note 1 The CTP premium guidelines may state the additional
information the CTP regulator may require licensed insurers to give to the
CTP regulator with the application (see s 39).
Note 2 It is a condition of a CTP insurer licence that the
licensed insurer must comply with this section (see s 178).
Note 3 If a form is approved under s 266 for this section, the
form must be used.
Note 4 A fee may be determined under the Road Transport (General)
Act 1999, s 96, for this section.
(3) In this section:
defined period means—
(a) 1 year; or
(b) if the CTP regulator allows a longer period of time—the longer
period allowed by the CTP regulator.
41 CTP regulator
to approve or reject premiums
(1) If a licensed insurer applies to the CTP regulator for approval
of a premium for a CTP policy, the CTP regulator must—
(a) approve the premium; or
(b) reject the premium.
Note Criteria for rejecting the premium are in s 42. The
licensed insurer may ask the CTP regulator to reconsider a rejected premium
(see s 44).
(2) The CTP regulator must, not later than 6 weeks after the day
the CTP regulator receives the application from the licensed
insurer—
(a) decide whether to approve or reject the premium; and
(b) tell the licensed insurer—
(i) about the decision; and
(ii) the reasons for the decision.
42 Criteria
to reject premium
The CTP regulator may reject a premium for a CTP policy only if
the CTP regulator considers that—
(a) the premium will not fully fund the present and likely future
liability under this Act of the licensed insurer; or
Note Criteria for deciding whether a
premium will fully fund the present and likely future liability under this Act
of a licensed insurer are in s 43.
(b) having regard to actuarial advice and to other relevant financial
information available to the CTP regulator, the premium is excessive;
or
(c) the premium does not comply with the CTP premium
guidelines.
Note The CTP premium guidelines are
made under s 39.
43 Criteria
to decide if premium will fund liabilities
A CTP premium will fully fund the present and likely future liability
under this Act of a licensed insurer if the CTP premium is
sufficient—
(a) to pay all acquisition and policy administration expenses of the
licensed insurer; and
(b) to provide an amount of money that together with anticipated
investment income is equal to the best estimate of the cost of motor accident
claims plus motor accident claim settlement expenses (in inflated dollars) at
the assumed date of settlement; and
(c) to provide a profit margin in excess of all motor accident claims,
costs and expenses that represents an adequate return on capital invested and
compensation for the risk taken; and
(d) to provide for other matters that a prudent insurer should, in all the
circumstances, make provision for.
44 CTP regulator
may reconsider rejected premiums
(1) If the CTP regulator rejects a premium for a CTP policy (the
original decision), the licensed insurer may ask the
CTP regulator to reconsider the rejected premium.
(2) Until the rejected premium is reconsidered, the CTP regulator may
ask an actuary to decide a provisional premium for the
CTP policy.
(3) A provisional premium has effect, until the CTP regulator makes a
decision under subsection (4) in relation to the original decision, as if
the provisional premium were a CTP premium.
(4) The CTP regulator must, not later than 4 weeks after the day
the CTP regulator receives the request for reconsideration of the original
decision from the licensed insurer—
(a) reconsider the original decision; and
(b) decide whether to approve or reject the premium; and
Note Criteria for rejecting the premium
are in s 42.
(c) tell the licensed insurer—
(i) about the decision; and
(ii) the reasons for the decision.
45 Arbitration
of unresolved premiums
(1) If, under section 44, the CTP regulator again rejects a
premium for a CTP policy, the matter must be arbitrated under this
section.
(2) The Commercial Arbitration Act 1986 applies to the arbitration,
subject to this Act.
(3) The arbitrator for the matter is—
(a) if the CTP regulator and the licensed insurer agree on an
arbitrator—the agreed arbitrator; or
(b) if the CTP regulator and the licensed insurer do not agree on an
arbitrator—the CTP premium board.
(4) However, if the matter has been arbitrated by an agreed arbitrator for
7 days and the parties cannot reach agreement, the CTP premium board
must arbitrate the matter.
(5) The arbitrator may approve a premium for a CTP policy only if the
premium is, in the arbitrator’s opinion, sufficient to fully fund the
present and likely future liability of the licensed insurer under this
Act.
Note 1 Criteria for deciding whether a CTP premium will fully
fund the present and likely future liability under this Act of a licensed
insurer are in s 43.
Note 2 A decision under this section by an arbitrator is a
reviewable decision (see the Road Transport (General) Act 1999, pt 7
and the Road Transport (General) Regulation 2000).
(6) The regulations may make provision for the arbitration of
matters.
46 CTP regulator
to report on licensed insurer’s profit margins
(1) A licensed insurer must tell the CTP regulator the profit margin
on which each CTP premium charged by the licensed insurer is based and the
actuarial basis for working out that profit margin.
(2) The CTP regulator must assess—
(a) the profit margin; and
(b) the actuarial basis on which the profit margin is worked
out.
(3) The CTP regulator must present a report about the assessments annually
to the Legislative Assembly.
Division
2.6.2 CTP premium
board
The CTP premium board (the CTP premium board) is
established.
The CTP premium board has the following functions:
(a) to arbitrate matters about premiums for CTP policies;
(b) any other function prescribed by regulation.
(1) The CTP premium board has the following members:
(a) a chair;
(b) a government representative;
(c) 3 motorist representatives;
(d) 2 CTP insurer representatives.
(2) A person must not hold 2 or more positions mentioned in
subsection (1).
50 Appointment
of board members
(1) The Minister may appoint the members of the CTP premium
board.
Note 1 For the making of appointments (including acting
appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see Legislation
Act, s 207).
Note 3 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
(2) The only criteria for deciding whether to appoint a person as a member
are—
(a) that the person has the experience or expertise necessary to exercise
the functions of a member; and
(b) for the chair—that the person is also a senior lawyer;
and
(c) for the government representative, that the person
also—
(i) is a public servant; and
(ii) represents the interests of the Territory; and
(d) for a motorist representative—that the person also represents
the interests of motorists; and
(e) for a CTP insurer representative—that the person also
represents the interests of CTP insurers.
(3) The appointment of a member must be for a term of not longer than
3 years.
(4) The conditions of appointment of a member are the conditions stated in
the appointment.
(5) In this section:
Australian legal practitioner—see the Legal
Profession Act 2006, section 8.
senior lawyer means a lawyer who—
(a) is an Australian legal practitioner; and
(b) has been an Australian legal practitioner for at least 10 years;
and
(c) has practised law in the area of personal injury matters for at least
5 years.
51 Appointment
of deputy chair
The CTP premium board may appoint a member, other than the chair, as
deputy chair for the CTP premium board.
52 Ending
board member appointments
The Minister may end a CTP premium board member’s
appointment—
(a) if the member contravenes a territory law; or
(b) for misbehaviour; or
(c) if the member becomes bankrupt or executes a personal insolvency
agreement; or
(d) if the member is convicted, or found guilty, in Australia of an
offence punishable by imprisonment for at least 1 year; or
(e) if the member is convicted, or found guilty, outside Australia of an
offence that, if it had been committed in the ACT, would be punishable by
imprisonment for at least 1 year; or
(f) if the member exercises the member’s functions other than in
accordance with section 53; or
(g) if the member fails to take all reasonable steps to avoid being placed
in a position where a conflict of interest arises during the exercise of the
member’s functions; or
(h) if the member contravenes section 56 (Disclosure of interests by
board members); or
(i) if the member is absent from 3 consecutive meetings of the board,
otherwise than on approved leave; or
(j) for physical or mental incapacity, if the incapacity substantially
affects the exercise of the member’s functions.
Note A person’s appointment also ends if the person resigns
(see Legislation Act, s 210).
53 Honesty,
care and diligence of board members
In exercising the functions of a CTP premium board member, a member must
exercise the degree of honesty, care and diligence required to be exercised by a
director of a corporation in relation to the affairs of the
corporation.
54 Conflicts
of interest by board members
A CTP premium board member must take all reasonable steps to avoid being
placed in a position where a conflict of interest arises during the exercise of
the member’s functions.
55 Board
agenda to require disclosure of interest item
The agenda for each meeting of the CTP premium board must include an item
requiring any material interest in an issue to be considered at the meeting to
be disclosed to the meeting.
56 Disclosure
of interests by board members
(1) If a CTP premium board member has a material interest in an issue
being considered, or about to be considered, by the CTP premium board, the
member must disclose the nature of the interest at a board meeting as soon as
practicable after the relevant facts come to the member’s
knowledge.
Note Material interest is defined in s (4). The definition
of indirect interest in s (4) applies to the definition of
material interest.
(2) The disclosure must be recorded in the CTP premium board’s
minutes and, unless the board otherwise decides, the member must
not—
(a) be present when the board considers the issue; or
(b) take part in a decision of the board on the issue.
Example
Albert, Boris and Chloe are members of a CTP premium board. They have an
interest in an issue being considered at a CTP premium board meeting and they
disclose the interest as soon as they become aware of it. Albert’s and
Boris’s interests are minor but Chloe has a direct financial interest in
the issue.
The CTP premium board considers the disclosures and decides that because of
the nature of the interests:
• Albert may be present when the board considers the issue but not
take part in the decision
• Boris may be present for the consideration and take part in the
decision.
The board does not make a decision allowing Chloe to be present or take
part in the board’s decision. Accordingly, since Chloe has a material
interest she cannot be present for the consideration of the issue or take part
in the decision.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) Any other CTP premium board member who also has a material interest in
the issue must not be present when the board is considering its decision under
subsection (2).
(4) In this section:
associate, of a person, means—
(a) the person’s business partner; or
(b) a close friend of the person; or
(c) a family member of the person.
executive officer, of a corporation, means a person (however
described) who is concerned with, or takes part in, the corporation’s
management, whether or not the person is a director of the
corporation.
indirect interest—without limiting the kinds of
indirect interests a person may have, a person has an indirect interest
in an issue if any of the following has an interest in the
issue:
(a) an associate of the person;
(b) a corporation if the corporation has not more than 100 members
and the person, or an associate of the person, is a member of the
corporation;
(c) a subsidiary of a corporation mentioned in paragraph (b);
(d) a corporation if the person, or an associate of the person, is an
executive officer of the corporation;
(e) the trustee of a trust if the person, or an associate of the person,
is a beneficiary of the trust;
(f) a member of a firm or partnership if the person, or an associate of
the person, is a member of the firm or partnership;
(g) someone else carrying on a business if the person, or an associate of
the person, has a direct or indirect right to participate in the profits of the
business.
material interest—a CTP premium board member has a
material interest in an issue if the member has—
(a) a direct or indirect financial interest in the issue; or
(b) a direct or indirect interest of any other kind if the interest could
conflict with the proper exercise of the member’s functions in relation to
the board’s consideration of the issue.
57 Reporting
of disclosed CTP premium board interests to Minister
(1) Within 3 months after the day a material interest is disclosed under
section 56 (1), the chair of the CTP premium board must report to the
Minister in writing about—
(a) the disclosure; and
(b) the nature of the interest disclosed; and
(c) any decision by the board under section 56 (2).
(2) The chair must also give the Minister, not later than 31 days
after the end of each financial year, a statement that sets out the information
given to the Minister in reports under subsection (1) that relate to
disclosures made during the previous financial year.
(3) The Minister must give a copy of the statement to the relevant
committee of the Legislative Assembly within 31 days after the day the
Minister receives the statement.
(4) In this section:
relevant committee means—
(a) a standing committee of the Legislative Assembly nominated by the
Speaker for subsection (3); or
(b) if no nomination under paragraph (a) is in effect—the
standing committee of the Legislative Assembly responsible for public
accounts.
58 Protection
of CTP premium board members from liability
(1) A CTP premium board member is not civilly liable for anything done or
omitted to be done honestly and without
recklessness—
(a) in the exercise of a function under a territory law; or
(b) in the reasonable belief that the act or omission was in the exercise
of a function under a territory law.
(2) Any liability that would, apart from this section, attach to a
CTP premium board member attaches instead to the Territory.
Part
2.7 Nominal defendant liable for
uninsured or unidentified motor vehicles
(1) For this Act, ACTIA is the nominal defendant.
(2) Any action or proceeding by or against the nominal defendant must be
taken in the name of the ‘nominal defendant’.
(3) In this section:
ACTIA means the Australian Capital Territory Insurance
Authority established under the Insurance Authority Act 2005.
60 What
is an uninsured motor vehicle?
(1) For this Act:
uninsured motor vehicle—
(a) means a motor vehicle for which there is no CTP policy in force;
and
(b) includes a trailer that—
(i) is attached to an uninsured motor vehicle; or
(ii) runs out of control after becoming accidentally detached from an
uninsured motor vehicle; and
(c) includes anything else prescribed by regulation.
(2) To avoid any doubt, it does not matter whether a trailer mentioned in
subsection (1) (b) is registered.
61 Nominal
defendant liable—uninsured motor vehicle
(1) This section applies if—
(a) a personal injury is caused by a motor accident; and
(b) at the time of the motor accident, the motor vehicle involved in the
motor accident—
(i) had a sufficient connection with the ACT; and
(ii) was an uninsured motor vehicle; and
(c) the motor accident happened anywhere in Australia.
Note 1 Motor accident is defined in
s 7.
Personal injury is defined in s 6.
Note 2 The circumstances in which a motor vehicle has a sufficient
connection with the ACT may be prescribed by regulation
(see s (5)).
(2) The nominal defendant is liable in relation to the personal injury as
if—
(a) a CTP policy were in force for the motor vehicle; and
(b) the nominal defendant were the CTP insurer for the
CTP policy.
Note CTP policy is defined in s 18.
(3) However, the nominal defendant is not liable in relation to the
personal injury—
(a) if—
(i) the motor accident happened on an area that is not a road and is open
to or used by the public for driving, riding or parking vehicles; and
(ii) at the time the motor accident happened, the person injured was a
trespasser on the land; or
Note The area described in
subpar (i) is a road related area (see dict, def road related
area par (a) (iv)).
(b) the uninsured motor vehicle is owned by—
(i) the Commonwealth, or an entity representing the Commonwealth;
or
(ii) the Territory, or an entity representing the Territory; or
(c) at the time the motor accident happened—
(i) the uninsured motor vehicle was registered under either the law of a
place other than the ACT or under a law of the Commonwealth; and
(ii) the uninsured motor vehicle was—
(A) covered under a policy of compulsory third-party insurance;
or
(B) subject to coverage under a compulsory motor vehicle or trailer
accident compensation scheme of that place or of the Commonwealth; or
(d) a regulation prescribes that, in the circumstances, the nominal
defendant is not liable in relation to the personal injury.
Note The nominal defendant is also not liable for the risks
mentioned in s 22.
(4) In this section:
motor vehicle means a motor vehicle that—
(a) is exempt from registration; or
(b) if not exempt from registration—must be registered to allow its
lawful use or operation on a road or road related area in the ACT
and—
(i) was at the time of manufacture capable of registration; or
(ii) was at the time of manufacture, with minor adjustments, capable of
registration; or
(iii) was previously capable of registration but is no longer capable of
registration because the motor vehicle is in disrepair.
(5) A regulation may prescribe the circumstances in which a motor vehicle
has a sufficient connection with the ACT.
62 What
is an unidentified motor vehicle?
(1) In this Act:
unidentified motor vehicle—
(a) means a motor vehicle that cannot be identified after reasonable
inquiry and search; and
(b) includes a trailer that—
(i) is attached to an unidentified motor vehicle; or
(ii) runs out of control after becoming accidentally detached from an
unidentified motor vehicle; and
(c) includes anything else prescribed by regulation.
(2) To avoid any doubt, it does not matter whether a trailer mentioned in
subsection (1) (b) is registered.
(3) The inquiry or search may be proved orally or by affidavit of the
person who made the inquiry or search.
Note 1 The claimant must prove that reasonable inquiry or search has
been carried out before the nominal defendant may be added as a later respondent
(see s 83).
Note 2 The respondent must prove that reasonable inquiry or search
has been carried out before the nominal defendant may be added as a contributor
(see s 85).
63 Nominal
defendant liable—unidentified motor vehicle
(1) This section applies if—
(a) a personal injury is caused by a motor accident; and
(b) the motor vehicle involved in the motor accident is an unidentified
motor vehicle; and
(c) the motor accident happened in the ACT.
Note Motor accident is defined in s 7.
Personal
injury is defined in s 6.
(2) The nominal defendant is liable in relation to the personal injury as
if—
(a) a CTP policy were in force for the motor vehicle; and
(b) the nominal defendant were the CTP insurer for the
CTP policy.
Note CTP policy is defined in s 18.
(3) However, the nominal defendant is not liable in relation to the
personal injury if—
(a) the motor accident happened on an area that is not a road and is open
to or used by the public for driving, riding or parking vehicles; and
(b) at the time the motor accident happened, the person injured was a
trespasser on the land.
Note 1 The area described in par (a) is a road related area
(see dict, def road related area par (a) (iv)).
Note 2 The nominal defendant is also not liable for the risks
mentioned in s 22.
64 Nominal
defendant may deal with motor accident claim
(1) If a motor accident claim is made against the nominal defendant, the
nominal defendant may deal with the motor accident claim, and any proceeding
relating to the motor accident claim, in the way the nominal defendant considers
appropriate including—
(a) settling or compromising the motor accident claim; and
(b) bringing and prosecuting a proceeding under this Act for the motor
accident claim and settling or compromising the proceeding.
Note The sections under which the
nominal defendant may bring a proceeding include:
• s 166 (Insurer may recover costs
if motor vehicle defective)
• s 167 (Insurer may recover costs
if fraud)
• s 168 (Nominal defendant may
recover costs from owner or driver)
• s 233 (Nominal defendant may
recover from insolvent insurer).
(2) The nominal defendant must give the CTP regulator the reports
that the CTP regulator reasonably requires about anything done by the
nominal defendant under this section.
65 Nominal
defendant to pay motor accident claims from nominal defendant
fund
(1) The nominal defendant is not personally liable to pay—
(a) an amount payable in satisfaction of a motor accident claim made, or
judgment obtained, under—
(i) section 61 (Nominal defendant liable—uninsured motor
vehicle); or
(ii) section 63 (Nominal defendant liable—unidentified motor
vehicle); or
(b) the amount of any costs or expenses incurred by the nominal defendant
for the motor accident claim or judgment.
(2) The nominal defendant must pay the amounts out of the nominal
defendant fund.
Note The nominal defendant fund is established under
s 66.
66 Nominal
defendant fund
(1) The CTP regulator must establish a fund (the nominal
defendant fund).
(2) The following must be paid into the nominal defendant fund:
(a) any penalties or penalty interest imposed under this Act;
(b) amounts collected under section 67;
(c) the interest from time to time accruing from the investment of the
nominal defendant fund;
(d) amounts recovered by the nominal defendant under this Act;
Note The nominal defendant may recover
amounts under:
• s 166 (Insurer may recover costs
if motor vehicle defective)
• s 167 (Insurer may recover costs
if fraud)
• s 168 (Nominal defendant may
recover costs from owner or driver)
• s 233 (Nominal defendant may
recover from insolvent insurer).
(e) amounts required to be paid into the nominal defendant fund under this
or another Act.
(3) The following must be paid from the nominal defendant fund:
(a) amounts required to be paid from the fund under section 65
(Nominal defendant to pay motor accident claims from nominal defendant
fund);
(b) all other amounts required to be paid from the fund under this or
another Act.
(4) The CTP regulator may invest money in the nominal defendant fund
which is not immediately required for the fund—
(a) in any way that the Treasurer is authorised to invest money under the
Financial Management Act 1996; or
(b) in any other way approved by the Minister and the Treasurer.
67 Collections
for nominal defendant fund
(1) The CTP regulator must, each financial year, collect an amount
for the nominal defendant fund—
(a) from the people and funds prescribed by regulation; and
(b) in accordance with the arrangements prescribed by
regulation.
(2) The CTP regulator may decide the amount to be collected for a
financial year.
(3) The CTP regulator must not decide an amount for a financial year
if the CTP regulator considers that satisfactory arrangements have been
made for that year (under the insurance industry deed or otherwise) by licensed
insurers to meet motor accident claims made against the nominal
defendant.
Note The insurance industry deed is dealt with in
s 9.
Chapter
3 Motor accident
claims
Part
3.1 Preliminary—ch
3
In this chapter:
complying notice of claim means a notice of claim, under
section 76 (Notice of claim) or section 83 (Claimant may add later
respondents), that is given as required under this part.
Note In some circumstances a claimant is taken to have given a
respondent a complying notice of claim (see s 87).
compulsory conference—see section 130.
contribution notice—see section 85.
contributor, for a motor accident claim—see
section 85.
court, for a motor accident claim, means—
(a) if a proceeding based on a motor accident claim has been
started—the court hearing the proceeding; or
(b) if no proceeding based on the motor accident claim has been
started—a court with jurisdiction to hear the motor accident
claim.
insurer, for a motor accident claim—see
section 73.
mandatory final offer—see section 135.
medical treatment means—
(a) an examination, test or analysis, conducted by or under the direction,
or at the request, of a doctor to diagnose an injury; or
(b) medical or surgical treatment by a doctor; or
(c) dental treatment by a dentist or a dental prosthetist; or
(d) chiropractic treatment by a chiropractor; or
(e) treatment by a psychologist; or
(f) therapeutic treatment by a masseur, osteopath, physiotherapist,
remedial kinesiologist or speech therapist; or
(g) therapeutic treatment given on referral by a doctor or dentist;
or
(h) the taking of x-rays; or
(i) the provision, repair or replacement of contact lenses, crutches,
prostheses, spectacles or other artificial aids; or
(j) a consultation, examination, therapeutic treatment or other service
reasonably rendered in relation to a treatment mentioned in paragraph (c), (d),
(f), (g), (h) or (i); or
(k) treatment and maintenance as a patient at a hospital; or
(l) the provision of nursing attendance, medicines, medical and surgical
supplies and curative apparatus in a hospital or otherwise.
notice of claim, for a motor accident claim—see
section 76.
party, for a motor accident claim, means a claimant,
respondent or contributor.
response, for a motor accident claim—see
section 82.
respondents’ claim manager, for a motor accident
claim—see section 84.
Note Claimant, for a motor accident claim, is defined in
s 70.
Motor accident is defined in
s 7.
Motor accident claim is defined in
s 69.
Respondent, for a motor accident claim, is defined
in s 71.
69 What
is a motor accident claim?
In this Act:
motor accident claim, for a motor accident—
(a) means a claim for damages for personal injury caused by the motor
accident; and
Note Motor accident is defined in
s 7.
Personal injury is
defined in s 6.
(b) includes, for a fatal injury, a claim by the dead person’s
dependants or estate.
70 Who
is the claimant for a motor accident claim?
In this Act:
claimant, for a motor accident claim, means—
(a) a person who makes, or is entitled to make, the motor accident claim;
or
(b) in relation to rehabilitation, medical treatment or loss
suffered—the injured person to whom the claim relates.
71 Who
is the respondent for a motor accident claim?
In this chapter:
respondent, for a motor accident claim—
(a) means a person against whom a claimant makes a motor accident claim;
and
(b) includes—
(i) if the person mentioned in paragraph (a) is not the insurer for
the motor accident claim—the insurer for the motor accident claim;
and
(ii) a later respondent.
Note 1 Insurer, for a motor accident claim, is defined in
s 73.
Later respondent, for a motor accident claim, is
defined in s 83.
Note 2 If a claimant brings a court proceeding based on a motor
accident claim and the respondent is an insured person or an insurer, the
claimant may need to bring the proceeding against the insured person and the
insurer as joint defendants (see s 145).
72 Who
is an insured person?
In this Act:
insured person, for a motor accident claim,
means—
(a) a CTP insured person; or
(b) a person for whose acts and omissions the nominal defendant is liable
under section 61 (Nominal defendant liable—uninsured motor
vehicle).
Note CTP insured person is defined in
s 16.
73 Who
is the insurer for a motor accident claim?
In this Act:
insurer, of a person, for a motor accident claim
means—
(a) if the person is a CTP insured person—the CTP insurer
for the person; or
(b) if the person is not a CTP insured person—the nominal
defendant.
insurer, of a motor vehicle, for a motor accident claim
means, if the motor vehicle is—
(a) an insured motor vehicle—the CTP insurer for the motor
vehicle; or
(b) an uninsured motor vehicle—the nominal defendant; or
(c) an unidentified motor vehicle—the nominal defendant.
74 Insured
person not to admit liability, settle or make payments
(1) An insured person must not, without the written agreement of the
person’s insurer—
(a) admit liability in relation to a motor accident claim; or
(b) settle, or offer to settle, a motor accident claim; or
(c) make a payment, or offer or promise to make a payment, in relation to
a motor accident claim.
(2) A contract, offer or promise made in contravention of this section
does not bind the insurer.
(3) This section does not prevent an
insured person from providing a police officer with information reasonably
required to prepare a report about a motor accident.
(4) An insured person who contravenes this section does not incur civil
liability to an insurer.
75 Power
of insurer to act for insured
(1) If a motor accident claim is made against an insured person, the
person’s insurer—
(a) must carry out the negotiations and legal proceedings related to the
motor accident claim; and
(b) may compromise or settle the motor accident claim and legal
proceedings related to the motor accident claim; and
(c) may act for the insured person in any other way for the motor accident
claim.
(2) The insured person must sign any documents necessary to give effect to
this section and, if the insured person does not sign or is dead, absent or
cannot be found, the insurer may sign for the insured person.
(3) Nothing said or done by an insurer in relation to a motor accident
claim, or legal proceedings related to a motor accident claim, is an admission
of liability in, or otherwise prejudices or affects, another claim or
proceedings arising out of the same circumstances.
Part
3.2 Motor accident claims
procedures
Notes to pt 3.2
Costs may be awarded against a party who does not comply with this part
(see s 91 and s 92).
The court may order a party to comply with a duty imposed under this part
(see s 107).
(1) Before a claimant for a motor accident claim brings a court proceeding
based on the claim against a respondent for the claim, the claimant must give
the respondent written notice of the claim (the notice of
claim).
Note 1 A proceeding must be brought before the end of the relevant
limitation period under the Limitation Act 1985.
Note 2 If a form is approved under s 266 for a notice of claim,
the form must be used.
(2) The notice of claim must—
(a) contain a statement of the information prescribed by regulation;
and
(b) authorise each respondent for the motor accident claim to have access
to the records and sources of information relevant to the claim that are
prescribed by regulation; and
(c) be accompanied by any documents prescribed by regulation.
(3) If the claimant is a child, the claimant’s parent or legal
guardian may give the notice of claim for the claimant.
Note For other procedures for a claim for a personal injury suffered
by a child, see the Limitation Act 1985, s 30A (Special provision for
injuries to children).
77 Time
for giving notice of claim—CTP insurer
(1) This section applies if the insurer for a motor accident claim is the
CTP insurer for the motor vehicle for the claim.
(2) The notice of claim must be given under section 76 not later than
the earlier of the following days:
(a) the day that is 9 months after—
(i) the day the motor accident for the motor accident claim happened;
or
(ii) if symptoms of the personal injury caused by the motor accident are
not immediately apparent—the day symptoms of the personal injury first
appear;
(b) the day that is 1 month after the later of the following
days:
(i) the day the claimant first instructs a lawyer to provide advice about
seeking damages for the personal injury;
(ii) the day the respondent is identified.
Note However, the time for giving a notice of claim for a claimant
with a legal disability begins on the day after the day the claimant’s
legal disability ends (see s 90).
(3) If the claimant does not give the notice of claim as required in
subsection (2), a reasonable excuse for the delay must be given in the
notice or by separate written notice to the respondent.
(4) Without limiting subsection (3), an excuse is reasonable if the
excuse is prescribed by regulation.
78 Time
for giving notice of claim—nominal defendant
(1) This section applies if the insurer for the motor accident claim is
the nominal defendant.
(2) The notice of claim must be given under section 76 not later than
3 months after the day the motor accident for the motor accident claim
happened.
Note However, the time for giving a notice of claim for a claimant
with a legal disability begins on the day after the day the claimant’s
legal disability ends (see s 90).
(3) If the claimant does not give the
notice of claim as required in subsection (2), the
motor accident claim is barred.
Note In addition, the nominal defendant cannot waive compliance with
the time limit and the court cannot give leave to bring a proceeding despite
noncompliance with the time limit (see s 88).
79 Respondent
to identify and notify others
(1) If a respondent knows of anyone else (a relevant person)
against whom the claimant may be able to begin a proceeding based on the motor
accident claim, the respondent must, not later than 7 days after the day
the respondent receives the notice of claim—
(a) give a copy of the notice of claim to the relevant person;
and
(b) tell the claimant in writing about the relevant person, including a
short written explanation of why the respondent believes that the person may be
a relevant person.
(2) If the respondent is a child, the respondent’s parent or legal
guardian may comply with subsection (1) for the respondent.
80 Preliminary
response to claimant
(1) A respondent must, in writing not later than 1 month after the
day the respondent receives a notice of claim under
section 76—
(a) respond to the claimant under section 82; or
(b) if the respondent cannot decide, on the information in the notice,
whether the respondent is properly a respondent for the claim—give the
claimant a written notice about the further information the respondent
reasonably needs to make that decision; or
(c) if the respondent believes that he or she is not properly a respondent
for the claim—give the claimant a written notice to that effect,
indicating—
(i) the reasons for the belief; and
(ii) any information the respondent has that may help the claimant
identify someone who may be a respondent for the claim.
(2) A claimant given a written notice under subsection (1) (b)
must, not later than 1 month after the day the claimant is given the
notice—
(a) give the respondent the further information indicated in the notice;
or
(b) tell the respondent, in writing, that the claimant—
(i) considers the respondent to be properly a respondent for the claim;
and
(ii) requires the respondent to respond to the claimant under
section 82.
(3) Not later than 1 month after the day the respondent is given the
information under subsection (2) (a), the respondent must, having
regard to the information—
(a) respond to the claimant under section 82; or
(b) if the respondent believes that he or she is not properly a respondent
for the claim, give the claimant a written notice to that effect,
indicating—
(i) the reasons for the belief; and
(ii) any information the respondent has that may help the claimant
identify someone who may be a respondent for the claim.
(4) If the claimant is given notice under subsection (1) (c) or
subsection (3) (b) that the respondent is not properly a respondent
for the motor accident claim, the claimant must, not later than 1 month after
the day the claimant is given the notice, tell the respondent, in writing, that
the claimant—
(a) accepts that the respondent is not properly a respondent for the
claim; or
(b) considers the respondent to be properly a respondent for the claim and
requires the respondent to respond to the claimant under
section 82.
(5) Acknowledgement given to the respondent under
subsection (4) (a) does not prevent the claimant from later giving the
respondent another notice of claim under section 76.
81 Acknowledgment
that proper respondent not admission of liability
(1) This section applies if a respondent acknowledges that he or she is
properly a respondent for a motor accident claim.
(2) The respondent is not taken to have admitted liability only because of
making the acknowledgment.
82 Response
to notice of claim
(1) This section applies if a respondent—
(a) considers the respondent to be properly a respondent for a motor
accident claim; or
(b) is told under section 80 (2) (b) or
section 80 (4) (b) (Preliminary response to claimant) that the
claimant considers the respondent is properly a respondent for a motor accident
claim.
(2) The respondent must, not later than the required day, give the
claimant a written notice (a response)—
Note Required day—see s (5).
(a) stating whether the respondent is satisfied that the notice of claim
is a complying notice of claim; and
Note Complying notice of claim is
defined in s 68.
(b) if the respondent is not satisfied that the notice of claim is a
complying notice of claim—identifying the noncompliance and stating
whether the respondent waives compliance; and
(c) if the respondent does not waive compliance—allowing the
claimant a reasonable period, of at least 1 month, stated in the response
to—
(i) satisfy the respondent that the notice of claim is a complying notice
of claim; or
(ii) take reasonable action stated in the response to remedy the
noncompliance; and
(d) stating whether the insurer for the motor accident claim is prepared
(without admitting liability) to meet the reasonable and appropriate costs of
the claimant’s rehabilitation.
Note Further provisions about
rehabilitation are in pt 3.6.
(3) If the respondent does not give a response by the required day, the
respondent is conclusively presumed to be satisfied that the notice of claim is
a complying notice of claim.
(4) If subsection (2) (c) applies, the respondent must, not later
than 1 month after the day the period stated in the response ends, give the
claimant a written notice stating that the respondent—
(a) is satisfied the notice of claim is a complying notice of claim
requirements, is satisfied with the action taken by the claimant to remedy the
noncompliance, or waives the noncompliance; or
(b) is not satisfied that the claimant has taken reasonable action to
remedy the noncompliance, and giving full particulars of the noncompliance and
the claimant’s failure to remedy it.
(5) In this section:
required day means—
(a) if the respondent responds directly to the claimant under this section
as mentioned in section 80 (1) (a)—the day applying under
section 80 (1); and
(b) in any other case—the later of the following:
(i) if the respondent gives notice to the claimant under
section 80 (3) (a)—1 month after the day the
respondent is given the further information under
section 80 (2) (a);
(ii) if the claimant tells the respondent under
section 80 (2) (b) or section 80 (4) (b) that the
claimant considers the respondent is properly a respondent for the motor
accident claim—1 month after the day the claimant tells the
respondent under that paragraph.
83 Claimant
may add later respondents
(1) After a claimant has given a notice of claim to a respondent, the
claimant may add someone else as a respondent for the motor accident claim (a
later respondent) by giving the later respondent—
(a) the notice of claim; and
(b) copies of other documents given to, or received from, other
respondents under this part.
(2) However, the claimant may only add a later respondent—
(a) not later than the day prescribed by regulation; or
(b) later than the day prescribed for paragraph (a) if—
(i) the later respondent and all parties for the motor accident claim
agree; or
(ii) the court gives leave.
(3) Also, the claimant may add the nominal defendant as a later respondent
in relation to a motor accident claim for a motor accident involving an
unidentified motor vehicle only if the claimant has made reasonable inquiry and
search for the identity of the motor vehicle.
(4) The inquiry or search may be proved orally or by affidavit by the
person who made the inquiry or search.
(5) If the claimant adds a later respondent under this
section—
(a) the later respondent must respond to the notice of claim as if the
notice were given under section 76; and
(b) the claimant must, in writing, tell each other respondent of the
addition not later than the day prescribed by regulation.
(1) If there are 2 or more respondents for
a motor accident claim, 1 of the respondents (the respondents’ claim
manager) must act for all of the respondents under this
chapter.
(2) The respondents’ claim manager must be
decided—
(a) by agreement between the respondents; or
(b) if the respondents cannot agree within 2 months after the day the
claimant first gave, or is taken to have given, a respondent for the motor
accident claim a complying notice of claim—under the industry
deed.
Note The circumstances in which a
claimant is taken to have given a respondent a complying notice of claim are in
s 87.
(3) Until the respondents’ claim
manager is decided under subsection (2), the respondent to which the
notice of claim is first given under section 76 is the
respondents’ claim manager.
(4) The respondents’ claim manager—
(a) may exercise the functions given under this part in relation to the
motor accident claim and the claimant for all the respondents; and
(b) must act, as far as practicable, with the agreement of all the
respondents.
(5) Action taken, or an agreement made, by the respondents’ claim
manager in relation to the motor accident claim is binding on each respondent as
far as it affects the claimant.
(6) However, if the respondents’ claim manager acts beyond the scope
of the manager’s authority, the manager is liable to each other respondent
for any loss suffered by the other respondent.
85 Respondent
may add contributor
(1) A respondent who receives a complying notice of claim may, not later
than the day prescribed by regulation, add someone else as a contributor (the
contributor) for the motor accident claim by giving the person a
written notice (a contribution notice)—
(a) claiming an indemnity from, or contribution towards, the
respondent’s liability; and
(b) stating the grounds on which the respondent holds the person liable;
and
(c) stating any other information prescribed by regulation; and
(d) accompanied by copies of documents about the motor accident claim
given to, or received from, other parties under this chapter.
(2) However, the respondent may add a contributor after the day prescribed
under subsection (1) only if—
(a) the contributor and all parties for the motor accident claim agree;
or
(b) the court gives leave.
(3) Also, if the respondent proposes to add the nominal defendant as a
contributor because the motor accident for the motor accident claim involved an
unidentified motor vehicle, the respondent may add the nominal defendant only if
the respondent has made reasonable inquiry and search for the identity of the
motor vehicle.
(4) The inquiry or search may be proved orally or by affidavit of the
person who made the inquiry or search.
(5) If the respondent adds a contributor under this section, the
respondent must give a copy of the contribution notice to each other party not
later than the day prescribed by regulation.
86 Contributor’s
response
(1) A contributor must, not later than 1 month after the day the
contributor receives a contribution notice, give the respondent who gave the
contribution notice a written response (the contributor’s
response)—
(a) containing a statement of the information prescribed by regulation;
and
(b) accompanied by the documents (if any) prescribed by
regulation.
(2) The contributor’s response must also state—
(a) whether the claim for the contribution or indemnity claimed in the
contribution notice is admitted, denied or admitted in part; and
(b) if the claim for the contribution or indemnity is admitted in
part—the extent to which the claim is admitted.
(3) An admission of liability in the contributor’s response is not
binding on the contributor—
(a) for another claim; or
(b) at all if it later appears the admission was induced by
fraud.
(4) If the respondent requires information provided by a contributor under
this section to be verified by statutory declaration, the contributor must
verify the information by statutory declaration.
87 Noncomplying
notice of claim may be complying notice of claim
(1) This section applies if the claimant for a motor accident claim gives
a respondent for the claim a notice of claim that is not a complying notice of
claim.
Note Complying notice of claim is defined in
s 68.
(2) The claimant is taken to have given the respondent a complying notice
of claim if—
(a) the respondent has told the claimant, in writing—
(i) under section 82 (2) (a) or
section 82 (4) (a) (Response to notice of claim), that the
respondent is satisfied that the notice of claim is a complying notice of claim;
or
(ii) under section 82 (2) (b) or
section 82 (4) (a) that the respondent waives any noncompliance;
or
(iii) under section 82 (4) (a), that the respondent is
satisfied with the action the claimant has taken to remedy the noncompliance;
or
(b) the respondent has not responded to the claimant as required and is
conclusively presumed, under section 82 (3), to be satisfied the
notice is a complying notice of claim; or
Note The nominal defendant cannot waive
compliance with the time limit (see s (3) (a)).
(c) the court, by order, on application by the claimant—
(i) declares that the claimant has remedied the noncompliance;
or
(ii) authorises the claimant to proceed further with the motor accident
claim despite the noncompliance.
Note The court cannot authorise the
claimant to proceed further with a motor accident claim against the nominal
defendant if the claimant has not complied with the time limit
(see s (3) (b)).
(3) However, if a motor accident claim against the nominal defendant is
barred under section 78 (Time for giving notice of claim—nominal
defendant)—
(a) the nominal defendant must not waive compliance with the 3-month time
limit for giving the notice of claim; and
(b) the court cannot authorise the claimant to proceed further with the
motor accident claim despite the noncompliance with the 3-month time limit for
giving the notice of claim.
(4) An order of the court under subsection (2) (c) may be made
on the conditions that the court considers necessary or appropriate to minimise
prejudice to a respondent because of the claimant’s
noncompliance.
(5) The claimant is taken to have given, and the respondent is taken to
have received, the complying notice of claim, on the day—
(a) for subsection (2) (a)—the respondent tells the
claimant, in writing; or
(b) for subsection (2) (b)—that is the required day under
section 82 for the presumption; or
(c) for subsection (2) (c)—the court makes the declaration
or gives the authorisation.
88 Claimant
not to proceed without complying notice of claim
(1) This section applies if the claimant for a motor accident
claim—
(a) does not give the respondent for the motor accident claim a complying
notice of claim; or
(b) is not taken to have given the respondent for the motor accident claim
a complying notice of claim.
Note The circumstances in which a claimant is taken to have given a
respondent a complying notice of claim are in s 87.
(2) The claimant cannot proceed with the motor accident claim.
89 Respondent
to try to resolve motor accident claim
(1) A respondent must, not later than 6 months after the day the
respondent receives, or is taken to have received, a complying notice of claim
for a motor accident claim—
(a) take any reasonable steps necessary to find out about the motor
accident for the motor accident claim; and
(b) tell the claimant, in writing—
(i) whether liability is admitted or denied; and
(ii) if contributory negligence is claimed—the degree of the
contributory negligence expressed as a percentage; and
(c) if the claimant—
(i) made an offer of settlement in the notice of claim—tell the
claimant whether the respondent accepts or rejects the offer; or
(ii) did not make an offer of settlement in the notice of
claim—invite the claimant to make a written offer of settlement;
and
(d) make a fair and reasonable estimate of the damages to which the
claimant would be entitled in a proceeding for the motor accident claim against
the respondent; and
(e) either—
(i) make a written offer, or counteroffer, of settlement to the claimant
setting out in detail the basis on which the offer, or counteroffer, is made;
or
(ii) settle the motor accident claim by accepting an offer made by the
claimant.
(2) An offer, or counteroffer, of settlement must be accompanied by a copy
of medical reports, assessments of cognitive, functional or vocational capacity
and all other material, including documents relevant to assessing economic loss,
in the offerer’s possession or control that may help the person to whom
the offer is made make a proper assessment of the offer.
(3) A respondent or claimant to whom a written offer, or counteroffer, of
settlement is made must, unless a response to the offer is to be made under
subsection (1) (c), respond in writing to the offer not later than
3 months after the day the respondent or claimant receives the offer,
indicating acceptance or rejection of the offer.
(4) An admission of liability by a respondent under this section is not
binding on the respondent—
(a) in relation to another claim; and
(b) at all if it later appears the admission was induced by
fraud.
Note If a respondent admits liability for a motor accident claim,
the respondent may be obliged to pay for the injured person’s medical
expenses and rehabilitation services (see pt 3.6).
90 Time
limit exception—legal disabilities
(1) A claimant is not required to comply with an obligation under this
chapter while the claimant is under a legal disability.
Note If the claimant is a child, under s 76 (3) a parent
or guardian of the child may give the notice of claim for the child.
(2) However, the period not later than which the obligation must be
complied with begins when the claimant’s legal disability ends.
(3) This chapter applies to the claimant as if—
(a) a reference to the day the motor accident for the motor accident claim
happened were a reference to the day the claimant’s legal disability ends;
and
(b) all other changes were made to give effect to this section.
(4) This section does not prevent a claimant, or a person acting for a
claimant, from complying with an obligation under this part while the claimant
is under a legal disability.
(5) In this section:
legal disability—a claimant is under a legal
disability in the circumstances in which a person is under a disability
for the Limitation Act 1985.
Note The Limitation Act 1985, dict, defines under a
disability—a person is under a
disability—
(a) while the person is under 18 years old; or
(b) while the person is, for a continuous period of 28 days or longer,
incapable of, or substantially impeded in, the management of his or her affairs
in relation to the cause of proceeding in relation to the limitation period for
which the question of disability arises because of—
(i) intellectual retardation or disability,
mental illness or disorder, brain damage, senility or physical disability;
or
(ii) war or warlike operations;
or
(iii) circumstances arising out of war or
warlike operations.
91 Costs
awarded if noncompliance with pt 3.2—claimant
If a claimant does not comply with the requirements of this part, a court
in which the claimant begins a proceeding based on the motor accident
claim—
(a) may, on a respondent’s application in the proceeding, award in
the respondent’s favour costs (including legal and investigation costs)
reasonably incurred by the respondent because of the claimant’s
noncompliance; and
(b) may only award interest in the claimant’s favour for a period
for which the claimant was in noncompliance if the court is satisfied there is a
reasonable excuse for the noncompliance.
92 Costs
awarded if noncompliance with pt 3.2—respondent
If a respondent does not comply with the requirements of this part, a court
in which the respondent defends a proceeding based on the motor accident claim
may, on a claimant’s application in the proceeding, award in the
claimant’s favour costs (including legal and investigation costs)
reasonably incurred by the claimant because of the respondent’s
noncompliance.
Part
3.3 Obligations to give documents and
information
Note to pt 3.3
The court may order a party to comply with a duty imposed under this part
(see s 107).
The purpose of this part is to put the parties for a motor accident claim
in a position where they have enough information to assess liability and quantum
for the motor accident claim.
94 What
is a required document?
In this part:
required document—each of the following is a
required document for a motor accident claim:
(a) a report, or other document, about the motor accident for the motor
accident claim;
(b) a report about the claimant’s medical condition or prospects of
rehabilitation;
(c) a report about the claimant’s cognitive, functional or
vocational capacity.
95 What
is relevant claim information?
In this part:
relevant claim information, for a motor accident claim, means
information about the following things:
(a) the nature of the personal injury caused by the motor accident and any
consequent disabilities;
(b) any medical treatment and rehabilitation services the claimant has
sought or obtained for the personal injury;
(c) the claimant’s medical history, to the extent that it is
relevant to the motor accident claim;
(d) any other claims for damages for personal injury made by the
claimant;
(e) the claimant’s claim for past and future economic
loss;
(f) any claim for gratuitous services consequent on the claimant’s
personal injury.
96 Claimant
to give documents and information to respondent
(1) A claimant for a motor accident claim must give a respondent for the
motor accident claim—
(a) a copy of each required document that is in the claimant’s
possession; and
(b) if the respondent asks the claimant for the following
information—the following information:
(i) the circumstances of, or the reasons for, the motor accident for the
motor accident claim;
(ii) relevant claim information.
(2) The claimant must give the copies mentioned in
subsection (1) (a) to the respondent—
(a) not later than 1 month after the day the claimant gave, or is
taken to have given, the respondent a complying notice of claim; or
(b) if a required document comes into the claimant’s possession
later—not later than 7 days after the day the required document comes
into the claimant’s possession.
(3) The claimant must respond to a request under
subsection (1) (b) not later than 1 month after the day the claimant
receives the request.
(4) If a respondent requires information given by a claimant under this
section to be verified by statutory declaration, the claimant must verify the
information by statutory declaration.
(5) If a claimant fails, without reasonable excuse, to comply fully with
this section, the claimant is liable for costs to the respondent resulting from
the failure.
Note The claimant may not need to give a document or information
under this section if the document or information is protected by client legal
privilege (see s 101).
97 Respondent
to give documents and information to claimant
(1) A respondent for a motor accident claim must give the claimant for the
motor accident claim—
(a) a copy of each required document that is—
(i) in the respondent’s possession; and
(ii) directly relevant to a matter in issue in the motor accident claim;
and
(b) if the claimant asks the respondent for any of the following
information—the following information:
(i) if the information is in the respondent’s possession—the
circumstances of, or the reasons for, the motor accident for the motor accident
claim; or
(ii) if the respondent is the insurer for the motor accident
claim—information that can be found out from the insured person about the
circumstances of, or the reasons for, the motor accident for the motor accident
claim.
(2) The respondent must give the copies mentioned in
subsection (1) (a)—
(a) not later than 1 month after the day the respondent received, or
is taken to have received, the claimant’s complying notice of claim;
or
(b) if a required document comes into the respondent’s possession
later—not later than 7 days after the day the required document comes
into the respondent’s possession.
(3) The respondent must respond to a request under
subsection (1) (b) not later than 1 month after the day the respondent
receives the request.
(4) If a claimant requires information given by a respondent under this
section to be verified by statutory declaration, the respondent must verify the
information by statutory declaration.
(5) If a respondent fails, without proper reason, to comply fully with
this section, the respondent is liable for costs to the claimant resulting from
the failure.
Note 1 Section 100 applies if there would be more than 200
pages of copies.
Note 2 The respondent may not need to give a document or information
under this section if the document or information is protected by client legal
privilege (see s 101).
Note 3 The respondent may not need to give a document or information
under this section if the respondent suspects the claimant of fraud
(see s 103).
98 Respondent
to give documents and information to contributor
(1) A respondent for a motor accident claim must give a contributor added
by the respondent a copy of—
(a) each required document that is in the respondent’s possession;
and
(b) any relevant claim information that is in the respondent’s
possession.
(2) The respondent must give the copies—
(a) not later than 1 month after the day the respondent gives a
contribution notice to the contributor; or
Note The respondent gives the
contributor a contribution notice under s 85.
(b) if a required document or relevant claim information comes into the
respondent’s possession later—not later than 7 days after the
day the document or information comes into the respondent’s
possession.
Note 1 Section 100 applies if there would be more than 200
pages of copies.
Note 2 The respondent may not need to give a document or information
under this section if the document or information is protected by client legal
privilege (see s 101).
99 Contributor
to give documents to respondent
(1) A contributor added by a respondent for a motor accident claim must
give the respondent a copy of each required document that is in the
contributor’s possession.
(2) The contributor must give the copies—
(a) not later than 1 month after the day the contributor is added as
a contributor; or
(b) if a required document comes into the respondent’s possession
later—not later than 7 days after the day the required document comes
into the respondent’s possession.
Note 1 Section 100 applies if there would be more than 200
pages of copies.
Note 2 The contributor may not need to give a document or
information under this section if the document or information is protected by
client legal privilege (see s 101).
100 Alternative
provision if more than 200 pages
(1) In this section:
relevant section means any of the following
sections:
(a) section 97 (Respondent to give documents and information to
claimant);
(b) section 98 (Respondent to give documents and information to
contributor);
(c) section 99 (Contributor to give documents to
respondent).
(2) This section applies if—
(a) a relevant section requires a person (the disclosing
person) to give copies of reports or other documents or information
(relevant material) to someone else; and
(b) the total number of pages of the copies exceeds 200 pages.
(3) Not later than the day the disclosing person would, apart from this
section, be required to give relevant material to someone else under the
relevant section, the disclosing person need only offer the other person a
reasonable opportunity to inspect the material.
(4) If the other person, whether on inspection or otherwise, by written
notice given to the disclosing person, requires the disclosing person to give
the other person copies of some or all of the relevant material, the disclosing
person must comply with the requirement not later than—
(a) if the total number of pages does not exceed 200—1 month
after the day the requirement is made; or
(b) in any other case—1 month after the day the other person
pays 50 cents for each page by which the total number of pages exceeds
200 pages.
Note If, under a provision of an Act or statutory instrument, an act
must be done, the obligation to do the act continues until it is done (see
Legislation Act, s 152).
101 Exception
to obligation—client legal privilege
(1) A party is not obliged to give a document or information to another
party under this part if the document or information is protected by client
legal privilege.
(2) However, an investigative report, medical report or report relevant to
the claimant’s rehabilitation must be given even though otherwise
protected by client legal privilege.
(3) A regulation may prescribe exceptions to
subsection (2).
(4) If a report mentioned in subsection (2) must be given, the report
may be given with the omission of passages containing only statements of
opinion.
(5) In this section:
investigative reports does not include a document prepared
for an application for, an opinion on or a decision about indemnity against the
motor accident claim from the Territory.
102 Exception
to obligation—party already has documents or
information
A party is not obliged to give a document or information to another party
under this part if the document or information is already in the other
party’s possession.
103 Exception
to obligation—party suspects fraud
(1) If a party has reasonable grounds to suspect another party of fraud,
the party may apply to the court for approval to withhold from disclosure under
this part documents or information that—
(a) would alert the other party to the suspicion; or
(b) could help further the fraud.
(2) The application may be made without notice to the other
party.
(3) If the court gives approval on application under subsection (1),
the party may withhold from disclosure the documents or information in
accordance with the approval.
104 Offence—failure
to give document or information
A person commits an offence if the person—
(a) is a party for a motor accident claim; and
(b) is obliged to give a document or information under this part;
and
(c) does not give the document or information in the way required under
this part.
Maximum penalty: 100 penalty units.
Note 1 Penalties imposed under this Act must be paid into the
nominal defendant fund (see s 66).
Note 2 This section does not apply if—
• the person is not obliged to give the document or information under
s 101 or s 102; or
• under s 103, the court has given approval for the party to
withhold from disclosure the documents or information.
105 Consequences
of failure to give document
(1) This section applies if a party for a motor accident claim fails to
comply with a provision of this part requiring the party to disclose a document
or information to another party.
(2) The document or information cannot be used by the party in a later
court proceeding based on the motor accident claim, or the deciding of the
claim, unless the court orders otherwise.
(3) If the document or information comes to the other party’s
knowledge, the document or information may be used by the other party.
106 Privilege
generally for documents and information
The documents and information given under this part are protected by the
same privileges as if disclosed in a proceeding in the Supreme
Court.
Part
3.4 Enforcement of pt 3.2 and pt
3.3
Notes to pt 3.4
In addition to this part, costs may be awarded against a party who does not
comply with pt 3.2 (see s 91 and s 92).
In addition to this part, if a claimant fails to comply with s 96, the
claimant may liable for costs to the respondent.
In addition to this part, if a respondent fails to comply with s 97,
the respondent may be liable for costs to the claimant.
107 Court’s
power to enforce compliance with pt 3.2 and pt 3.3
(1) This section applies if a party (the first party) fails
to comply with a duty imposed under—
(a) part 3.2 (Motor accident claims procedures); or
(b) part 3.3 (Obligations to give documents and information).
(2) The court may, on the application of a party to whom the duty is owed,
order the first party to take stated action to remedy the noncompliance not
later than a day stated by the court.
(3) The court may make consequential or ancillary orders, including orders
about costs.
108 Offence—false
or misleading statements
(1) A person commits an offence if—
(a) the person makes a statement in a notice, response or other document
given under—
(i) part 3.2 (Motor accident claims procedures); or
(ii) part 3.3 (Obligations on parties to give documents and information);
and
(b) the person does so knowing that the statement—
(i) is false or misleading in a material particular; or
(ii) omits anything without which the statement is misleading in a
material particular.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
(2) A person commits an offence if—
(a) the person makes a statement in a notice, response or other document
given under this part; and
(b) the person is reckless about whether the statement—
(i) is false or misleading in a material particular; or
(ii) omits anything without which the statement is misleading in a
material particular.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
109 Panel
of recognised medical experts
(1) The CTP regulator—
(a) may establish a panel of experts for
reporting on the medical condition of claimants and their prospects of
rehabilitation; and
(b) must revise the membership of the panel at
least once every 3 years by adding to, or removing, the names of the
experts who constitute the panel.
(2) In deciding on the composition of the panel, the
CTP regulator—
(a) must consult with each professional
body—
(i) prescribed by regulation;
and
(ii) in the way prescribed by regulation;
and
(b) may only include an expert on the panel if—
(i) the expert’s inclusion is endorsed by each relevant professional
body; or
(ii) the CTP regulator is satisfied there is good reason for
inclusion of the expert on the panel despite the absence of endorsement by each
relevant professional body.
110 Parties
may jointly arrange for expert report
(1) The parties for a motor accident claim may jointly arrange for an
expert report about 1 or more of the following:
(a) the cause, or probable cause, of the motor accident for the motor
accident claim and whether, in the expert’s opinion, 1 or more people (who
may be named) are responsible for, or contributed to, the motor
accident;
(b) the cause, or probable cause, of the injured person’s personal
injury for the motor accident claim and whether, in the expert’s opinion,
1 or more people (who may be named) are responsible for, or contributed to, the
motor accident;
(c) the injured person’s medical condition or prospects of
rehabilitation;
(d) the injured person’s cognitive, functional or vocational
capacity.
(2) A party is not under an obligation to agree to a proposal to obtain a
report under this section.
(3) The person from whom an expert report is obtained must be a person,
agreed to by the parties, with appropriate qualifications and experience in the
subject area of the report.
(4) The person preparing the expert report must give the parties a copy of
the report.
111 Cost
of expert report obtained by agreement
(1) If an expert report is obtained by agreement between a respondent and
a claimant and the claimant is liable for the cost of obtaining the report, the
respondent must, at the claimant’s request, reimburse the claimant for the
reasonable cost of obtaining the report.
(2) However, a claimant’s right to reimbursement under this section
is subject to any agreement between the claimant and the respondent.
112 Examination
by expert if no agreement
(1) This section applies if a respondent wants to obtain an expert report
about 1 or more of the matters mentioned in section 110 (1) (Parties
may jointly arrange for expert report) but fails to obtain the claimant’s
agreement.
(2) The claimant must comply with a request by the respondent to undergo,
at the respondent’s expense, either or both of the following:
(a) a medical examination by a doctor to be selected by the claimant from
a panel of at least 3 doctors with appropriate qualifications and
experience in the relevant field nominated by the respondent in the
request;
(b) an assessment of cognitive, functional or vocational capacity by an
expert to be selected by the claimant from a panel of at least 3 experts
with appropriate qualifications and experience in the relevant field nominated
by the respondent in the request.
(3) However, a claimant is not obliged to undergo an examination or
assessment under this section if the examination or assessment is unreasonable
or unnecessarily repetitious.
(4) If 3 doctors or experts with appropriate qualifications and
experience in the relevant field are not available for inclusion on a panel
under subsection (2), the number on the panel may be reduced
to 2.
Part
3.6 Respondent to pay for medical
expenses and rehabilitation services
Division
3.6.1 Claimant to give
documents
113 Claimant
to give documents to respondent
A claimant is entitled to payment for expenses under this part only
if—
(a) both of the following have been given to the respondent:
(i) a form about the motor accident (a motor accident notification
form) completed by or for the injured person;
(ii) a medical report (a motor accident medical report)
prepared by a doctor about the personal injuries caused to the injured person by
the motor accident; and
(b) the motor accident notification form and motor accident medical report
are given to the respondent not later than 28 days after the motor
accident; and
(c) the motor accident notification form contains a declaration by or for
the injured person that the motor accident was not caused wholly or mainly by
the fault of the injured person.
Note If a form is approved under s 266 for a motor accident
notification form or a motor accident medical report, the form must be
used.
Division
3.6.2 Medical
expenses
114 What
are medical expenses?
In this chapter:
medical expenses includes hospital and pharmaceutical
expenses.
115 Preconditions
to payment of medical expenses
A claimant for a motor accident claim is entitled to payment for medical
expenses under this division only if—
(a) the respondent for the motor accident claim admits liability for the
motor accident claim; and
(b) either—
(i) a police officer attended the motor accident for the motor accident
claim; or
(ii) the motor accident was officially reported to a police officer by or
for the injured person.
116 Respondent
to pay injured person’s medical expenses
(1) The respondent must
pay—
(a) the injured person’s medical
expenses that are reasonably incurred because of the personal injury caused by
the motor accident for the motor accident claim; or
(b) a proportion of the medical expenses
reflecting the extent of the respondent’s responsibility (assuming the
claimant to be guilty of contributory negligence as asserted by the
respondent).
(2) The respondent must make a payment under this section on presentation
of an account made up, and verified, as prescribed by regulation.
Note 1 Payments under this section may be recoverable under part
3.11.
Note 2 It is a condition of a CTP insurer licence that the
licensed insurer must comply with this section (see s 178).
Division
3.6.3 Rehabilitation
services
117 What
is rehabilitation?
In this chapter:
rehabilitation means the
use of medical, psychological, physical, social, educational and vocational
measures, individually or in combination—
(a) to restore, as far as reasonably possible, physical or mental
functions lost or impaired through personal injury; or
(b) to optimise, as far as reasonably possible, the quality of life of a
person who suffers the loss or impairment of physical or mental functions
through personal injury.
118 What
are rehabilitation services?
In this Act:
rehabilitation services
means services for providing rehabilitation to a
person.
119 What
are provided rehabilitation services?
In this division:
provided rehabilitation services
means rehabilitation services made available by a respondent to a
claimant under section 120 or section 121.
120 Respondent
may make rehabilitation services available
(1) A respondent may make rehabilitation services available to a claimant
on the respondent’s own initiative or at the claimant’s
request.
(2) If a respondent makes rehabilitation
services available to a claimant before admitting or denying liability for a
motor accident claim, the respondent must not be taken, for that reason, to have
admitted liability.
121 Respondent
to make rehabilitation services available
(1) This section applies if a respondent—
(a) admits liability for a motor accident claim; or
(b) agrees to pay for rehabilitation services without admitting
liability.
Note The respondent must tell the claimant in the response to the
notice of claim whether the respondent is prepared to meet the reasonable and
appropriate cost of the claimant’s rehabilitation (without admitting
liability) (see s 82).
(2) The respondent must, at the claimant’s request, ensure that
reasonable and appropriate rehabilitation services are made available to the
claimant.
Note It is a condition of a CTP insurer licence that the
licensed insurer must comply with this section (see s 178).
122 Respondent
to give assessment of damages notice
(1) This section applies if a respondent intends to—
(a) make rehabilitation services available to a claimant under
section 120 or section 121.
(b) ask the court to take the cost of rehabilitation services into account
in the assessment of damages.
(2) The respondent must, before providing the rehabilitation services,
give the claimant, written notice (an assessment of damages
notice) that includes—
(a) an estimate of the cost of the rehabilitation services; and
(b) a statement explaining how, and to what extent, the assessment of
damages is likely to be affected by the provision of the rehabilitation
services.
123 Cost
of services and assessment of damages
(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 122.
(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.
124 Reasonable
and appropriate services—mediation
(1) If the claimant is not satisfied that provided rehabilitation services
are reasonable and appropriate, the claimant may apply to the CTP regulator
to appoint a mediator to help resolve the questions between the claimant and
respondent.
(2) An application for appointment of a mediator must—
(a) be made in writing; and
(b) give details of any attempts made by the claimant to resolve the
matter in dispute.
(3) The fees and expenses of the mediator
must be paid as agreed between the parties or, if there is no agreement, by the
parties in equal proportions.
125 Reasonable
and appropriate services—court proceeding
(1) If the claimant is not satisfied that provided rehabilitation services
are reasonable and appropriate, the claimant may apply to the court to decide
what rehabilitation services are, in the circumstances of the case, reasonable
and appropriate.
(2) An application may be made to the court whether or not there has been
an earlier attempt to resolve the questions between the claimant and the
respondent by mediation.
(3) On application, the court may decide
what rehabilitation services are, in the circumstances of the case, reasonable
and appropriate and make consequential orders and directions.
126 Respondent
to pay for rehabilitation services
The respondent must bear (or reimburse) the cost of provided rehabilitation
services unless the respondent’s liability is reduced—
(a) by agreement with the claimant; or
(b) by order of the court under section 128 (Cost of rehabilitation
services—court proceeding).
Note 1 Costs paid under this section may be recoverable under part
3.11.
Note 2 It is a condition of a CTP insurer licence that the
licensed insurer must comply with this section (see s 178).
127 Cost
of rehabilitation services—mediation
(1) If the respondent considers that the cost of provided rehabilitation
services is unreasonable, the respondent may apply to the CTP regulator to
appoint a mediator to help resolve the questions between the claimant and the
respondent.
(2) An application for appointment of a mediator must—
(a) be made in writing; and
(b) give details of any attempts made by the claimant to resolve the
matter in dispute.
(3) The fees and expenses of the mediator must be paid as agreed between
the parties or, if there is no agreement, by the parties in equal
proportions.
128 Cost
of rehabilitation services—court proceeding
(1) If the respondent considers that the cost of provided rehabilitation
services is unreasonable, the respondent may apply to the court to
decide—
(a) what rehabilitation services are, in the circumstances of the case,
reasonable and appropriate; or
(b) to what extent the respondent should contribute to the cost of
rehabilitation services.
(2) A respondent may apply to the court whether or not there has been an
earlier attempt to resolve the questions between the respondent and the claimant
by mediation.
(3) On application, the court may decide
the questions raised on the application and make consequential orders and
directions.
Division
3.6.4 Medical and rehabilitation
guidelines
129 CTP regulator
may make medical and rehabilitation guidelines
(1) The CTP regulator may make guidelines (medical and
rehabilitation guidelines) for the following:
(a) the medical treatment of injured people;
(b) the provision of rehabilitation services for injured people (including
the circumstances in which rehabilitation services must be provided);
(c) the assessment of the degree of permanent impairment of an injured
person as a result of an personal injury caused by a motor accident.
Note It is a condition of a CTP insurer licence that the
licensed insurer must comply with this the medical and rehabilitation guidelines
(see s 178).
(2) A medical and rehabilitation guideline is a disallowable
instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(3) Medical and rehabilitation guidelines—
(a) must not be construed as requiring medical treatment to be carried out
in accordance with medical and rehabilitation guidelines; and
(b) must be consistent with a high standard of medical care, dental care,
rehabilitation, aftercare and continuing care as exists in the community at that
time.
(4) Medical and rehabilitation guidelines must be developed in
consultation with—
(a) relevant medical colleges including the following:
(i) the Royal Australasian College of Physicians;
(ii) the Royal Australasian College of Surgeons;
(iii) the Royal Australian College of General Practitioners;
(iv) the Australian Orthopaedic Association; and
(b) other relevant colleges and associations including the paramedical
professional associations; and
(c) anyone else prescribed by regulation.
Part
3.7 Compulsory conferences before
court proceedings
130 Compulsory conference
(1) Before a claimant for a motor accident
claim brings a court proceeding based on the motor accident claim, the parties
for the motor accident claim must have a conference (the
compulsory
conference).
(2) Any party may call the compulsory
conference—
(a) at a time and place agreed by each party; or
(b) if more than 6 months has passed since the respondent received,
or is taken to have received, the claimant’s complying notice of
claim—at a reasonable time and place nominated by the party calling the
conference.
Note The circumstances in which a
claimant is taken to have given a respondent a complying notice of claim are in
s 87.
(3) On application by a party, the court may decide the time and place for
the compulsory conference and make any other orders the court considers
appropriate in the circumstances.
(4) The parties may, by agreement, change the time or place for holding a
compulsory conference or adjourn a compulsory conference from time to time and
from place to place.
(5) The compulsory conference may be conducted, if the parties agree, by
telephone, closed-circuit television or another form of communication allowing
contemporaneous and continuous communication between the parties.
131 Compulsory
conference may be dispensed with
(1) On application by 1 or more of the parties for the motor accident
claim, the court may dispense with the compulsory conference for good reason and
make any other orders the court considers appropriate in the
circumstances.
(2) In considering whether to dispense with the compulsory conference, the
court must take into account the extent of compliance by the parties with their
respective obligations for the motor accident claim.
132 Compulsory
conference mediator
(1) A compulsory conference may be held with a mediator
if—
(a) each party for the motor accident claim agrees; and
(b) each party for the motor accident claim agrees, in writing, about how
costs of the mediation are to be apportioned between the parties.
(2) The mediator must be a person who is
independent of the parties.
(3) The mediator must be decided by agreement by each party for the motor
accident claim.
(4) However, if the parties are unable to
agree on a mediator not later than 30 days after the date for the
compulsory conference is decided, any party for the motor accident claim may
apply to the registrar of the court for the registrar to decide the
mediator.
133 Procedures
before compulsory conference
(1) At least 7 days before the compulsory conference is to be held,
each party for the motor accident claim must give each other party for the motor
accident claim the following:
(a) a copy of each document that is relevant to the motor accident claim
that has not yet been given to the other party;
(b) a statement verifying that all
relevant documents in the possession of the party or the party’s lawyer
have been given as required;
(c) details of the party’s legal representation;
(d) if the party has legal representation—a certificate
of readiness signed by the party’s
lawyer.
(2) However, on application by a party,
the court may exempt the party from an obligation to give material to another
party before trial if satisfied that—
(a) giving the material would alert a
person reasonably suspected of fraud to the suspicion; or
(b) there is some other good reason why
the material should not be given.
(3) In this section:
certificate of readiness, by a party to a motor accident
claim, means a certificate stating that—
(a) the party is in all respects ready for—
(i) the compulsory conference; and
(ii) the trial; and
(b) the party has obtained all investigative material required for the
trial including witness statements from each person (other than expert
witnesses) the party intends to call as a witness at the trial; and
(c) the party has obtained medical or
other expert reports from each person the party proposes to call as an expert
witness at the trial; and
(d) the party has fully complied with the
party’s obligations to give the other parties material relevant to the
motor accident claim; and
(e) the party’s lawyer has given the party
a costs statement.
costs statement, by a party’s lawyer, means a statement
containing—
(a) details of the legal costs (clearly
identifying costs that are legal fees and costs that are disbursements) payable
by the party to the party’s lawyer up to the completion of the conference;
and
(b) an estimate of the party’s likely legal costs (clearly
identifying costs that are legal fees and costs that are disbursements) if the
motor accident claim proceeds to trial and is decided by the court;
and
(c) a statement of the consequences to the party, in terms of costs, in
each of the following cases:
(i) if the amount of the damages awarded by the court is equal to, or more
than, the claimant’s mandatory final offer;
(ii) if the amount of the damages awarded
by the court is less than the claimant’s mandatory final offer but equal
to, or more than, the respondent’s mandatory final offer;
(iii) if the amount of the damages awarded by the
court is equal to, or less than, the respondent’s mandatory final
offer.
Note Mandatory final offers are
dealt with in pt 3.8.
134 Attendance
and participation at compulsory conference
(1) Each conference participant must,
unless the conference participant has a reasonable excuse—
(a) attend the compulsory conference;
and
(b) actively take part in an attempt to
settle the motor accident claim.
(2) In this section:
conference participant means—
(a) the claimant or the claimant’s guardian; and
(b) a person authorised by a respondent or
contributor to settle the motor accident claim on the respondent’s or
contributor’s behalf.
Part
3.8 Mandatory final
offers
135 Mandatory
final offers
(1) This section applies if, for a motor accident claim—
(a) the compulsory conference has been dispensed with under
section 131 (Compulsory conference may be dispensed with); or
(b) the motor accident claim is not settled at the compulsory
conference.
(2) The claimant and the respondent for the motor accident claim must
exchange written final offers (each of which is a
mandatory final
offers).
(3) However, if a respondent denies liability altogether, the respondent
must give the claimant a written notice of denial (a mandatory final
notice).
(4) If the respondent gives the claimant a mandatory final notice, for
this Act, the respondent is taken to have given the claimant a mandatory final
offer of $0.
136 Mandatory
final offers may be dispensed with
The court may, on application by the claimant or the respondent for the
motor accident claim, dispense with the obligation to exchange mandatory final
offers.
137 Timing
of mandatory final offers
(1) If the court has not dispensed with the obligation to exchange
mandatory final offers, mandatory final offers for a motor accident claim must
be exchanged—
(a) if the compulsory conference has been dispensed with—not later
than 14 days after the day the conference was dispensed with; or
Note A compulsory conference may be
dispensed with by agreement or by court order
(see s 131).
(b) if the claim is not settled at the compulsory conference—at the
end of the conference.
(2) A mandatory final offer remains open for 14 days.
138 Working
out costs for mandatory final offers
(1) A mandatory final offer for $50 000 or less must be exclusive of
costs.
(2) If a mandatory final offer is for more
than $30 000 but not more than $50 000, and is accepted, costs must be
worked out and paid in the way prescribed by regulation.
139 Court
proceedings not to begin if mandatory final offer open
(1) A claimant for a motor accident claim must not begin a court
proceeding based on the claim if a mandatory final offer for the claim remains
open.
Note A mandatory final offer remains open for 14 days
(see s 137).
(2) If a claimant brings a court
proceeding based on a motor accident claim, the claimant must, at the beginning
of the proceeding, file in the court a sealed envelope containing a copy of the
claimant’s mandatory final offer.
(3) The respondent must, before or at the time of filing a defence, file
in the court a sealed envelope containing a copy of the respondent’s
mandatory final offer.
(4) The court must not read the mandatory final offers until the court has
decided the claim.
(5) However, the court must have regard to
the mandatory final offers if making a decision about costs.
Part
3.9 Court
proceedings
140 Time
limit for beginning proceeding
(1) This section applies if a claimant for a
motor accident claim does not begin a court proceeding based on the motor
accident claim in accordance with the time limits in the following
sections:
(a) section 141 (Time
limit—compulsory conference);
(b) section 142 (Time limit—no
compulsory conference);
(c) section 143
(Time limit—no mandatory final
offers).
(2) The claimant may still begin the
proceeding but the court may order the claimant
to pay the respondent’s costs caused by the delay.
(3) The respondent may apply to the court
for an order deciding a time by which the claimant must
begin the proceeding.
(4) If the claimant does not begin a proceeding in accordance with a court
order made on application under subsection (3), the motor accident claim is
barred.
141 Time
limit—compulsory conference
(1) This section applies if—
(a) the parties to a motor accident claim have had a compulsory
conference; and
(b) the obligation to exchange mandatory final offers has not been
dispensed with.
Note A court may dispense with the obligation to exchange mandatory
final offers under s 136.
(2) The claimant may only begin a court proceeding based on the motor
accident claim not later than—
(a) 60 days after the end of the
compulsory conference; or
(b) a later day—
(i) agreed by the parties not later than 60 days after the end of the
compulsory conference; or
(ii) decided by the court on application by the claimant not later than
60 days after the end of the compulsory conference.
Note The claimant may still be able to begin a court proceeding
based on the motor accident claim under s 140.
142 Time
limit—no compulsory conference
(1) This section applies if—
(a) the compulsory conference for the parties to a motor accident claim
has been dispensed with; but
(b) the obligation to exchange mandatory final offers has not been
dispensed with.
Note 1 A compulsory conference may be dispensed with by agreement or
by court order (see s 131).
Note 2 A court may dispense with the obligation to exchange
mandatory final offers (see s 136).
(2) The claimant may only begin a court proceeding based on the motor
accident claim not later than—
(a) the due date; or
(b) a later day—
(i) agreed by the parties not later than the due date; or
(ii) decided by the court on application by the claimant not later than
the due date.
Note The claimant may still be able to begin a court proceeding
based on the motor accident claim under s 140.
(3) In this section:
due date means the day 60 days after the later of the
following:
(a) 6 months after the respondent received, or is taken to have
received, the claimant’s complying notice of claim;
Note The circumstances in which a
claimant is taken to have given a respondent a complying notice of claim are in
s 87.
(b) the day the compulsory conference was dispensed with.
Note A compulsory conference may be
dispensed with by agreement or by court order
(see s 131).
143 Time
limit—no mandatory final offers
(1) This section applies if a court dispenses with the obligation to
exchange mandatory final offers.
Note A court may dispense with the obligation under
s 136.
(2) A claimant may only begin a court proceeding based on the motor
accident claim not later than the day decided by the court when, or after, the
court dispenses with the obligation.
Note The claimant may still be able to begin a court proceeding
based on the motor accident claim under s 140.
144 Need
for urgent proceeding
(1) The court, on application by a claimant, may give leave to the
claimant to begin a proceeding in the court based on a motor accident claim
despite noncompliance with this part if satisfied there is an urgent need to
begin the proceeding.
(2) The order giving leave may be made on conditions the court considers
appropriate having regard to the circumstances of the case.
(3) If leave is given, the proceeding started by leave is stayed until the
claimant complies with this part or the proceeding is discontinued or otherwise
ends.
(4) However, the proceeding is not stayed if—
(a) the court is satisfied that—
(i) the claimant is suffering from a terminal condition; and
(ii) the trial of the proceeding should be expedited; and
(b) the court orders the proceeding be given priority in the allocation of
a trial date.
(5) If, under subsection (4), the proceeding is not stayed, this part
(other than this section) does not apply to the personal injury.
145 Insurer
to be joint or sole defendant
(1) This section applies
if—
(a) a claimant brings a court proceeding based on a motor accident claim;
and
(b) the respondent is an insured person or an insurer for the motor
accident claim.
(2) The claimant must bring the proceeding
against the insured person and the insurer as joint defendants.
(3) However, the claimant may bring a proceeding
against the insurer alone if—
(a) the insured person cannot be identified; or
(b) the insured person is dead; or
(c) it is impracticable to give the insured person a legal
document.
(4) If judgment is given in favour of the
claimant on the motor accident claim for the personal injury, the judgment must
be given against the insurer and not the insured person, and, if the proceeding
involves other claims (unrelated to the personal injury),
a separate judgment must be given on the other
claims.
(5) It is not a defence to a proceeding under this section if the insurer
proves that—
(a) a CTP policy was obtained by
fraud, or a material misstatement or nondisclosure; or
(b) the insured person is in breach of a
contractual or statutory obligation.
146 Procedure
if respondent is insurer
(1) This section applies
if—
(a) a claimant brings a court proceeding based on a motor accident claim;
and
(b) the respondent is an insured person or an insurer.
(2) If the motor accident claim lies
against 2 or more insurers, all insurers become defendants to the proceeding,
but the respondents’ claim manager continues to represent all insurers in
the proceeding unless the court gives leave allowing 1 or more of the insurers
to be separately represented.
(3) If a motor accident claim lies against 2 or more insurers, and a legal
document related to a proceeding based on the motor accident claim is given to
the respondents’ claim manager, all insurers are taken to have been given
the legal document.
(4) If a legal document related to a
proceeding based on a motor accident claim is given to the insurer, the insured
person is also taken to have been given the legal document.
147 Exclusion
of summary judgment on the basis of admissions
(1) In a court proceeding based on a motor
accident claim, summary judgment is not to be given on the basis of the
defendant’s admissions.
(2) However, this section does not prevent a
court from giving a judgment by consent.
148 Insurer’s
right to call and cross-examine insured person
(1) This section applies
if—
(a) a claimant brings a court proceeding based on a motor accident claim;
and
(b) the defendant is, or includes, an insurer.
Note In most cases, the claimant must bring the proceeding against
the insured person and the insurer as joint defendants
(see s 145).
(2) The insurer may
(a) call the insured person as a witness; and
(b) with the court’s leave, cross-examine the insured
person.
149 Costs—small
awards of damages—generally
(1) This section applies if a court awards $50 000 or less in damages
in a proceeding (other than an appellate proceeding) based on a motor accident
claim.
(2) If the court awards $30 000 or less, the court must apply the
following principles:
(a) if the amount awarded is less than the
claimant’s mandatory final offer but more than the respondent’s
mandatory final offer, no costs are to be awarded;
(b) if the amount awarded is equal to, or more than, the claimant’s
mandatory final offer, costs must be awarded to the claimant in the way
prescribed by regulation as from the date on which the proceeding began (but no
award is to be made for costs up to that date);
(c) if the amount awarded is equal to, or less than, the
respondent’s mandatory final offer, costs must be awarded to the
respondent as prescribed by regulation.
(3) If the court awards more than $30 000 but not more than
$50 000 in damages, the court must apply the following
principles:
(a) if the amount awarded is less than the
claimant’s mandatory final offer but more than the respondent’s
mandatory final offer, costs must be awarded to the
claimant in accordance with the Civil Law
(Wrongs) Act 2002, chapter 14, up to the
maximum amount prescribed by regulation or, if no amount is prescribed,
$2 500;
(b) if the amount awarded is equal to, or more than, the claimant’s
mandatory final offer, costs must be awarded to the claimant as
follows:
(i) costs up to the date on which the
proceeding began must be awarded in accordance with the Civil Law (Wrongs)
Act 2002, chapter 14, up to the maximum
amount prescribed by regulation or, if no amount is prescribed,
$2 500;
(ii) costs on or after the date on which the
proceeding began must be awarded on an indemnity basis;
(c) if the amount awarded is equal to, or less than, the
respondent’s mandatory final offer, costs must be awarded as
follows:
(i) costs up to the date on which the
proceeding began must be awarded to the claimant in accordance with the Civil
Law (Wrongs) Act 2002, chapter 14, up to the
maximum amount prescribed by regulation or, if no amount is prescribed,
$2 500;
(ii) costs on or after the date on which the proceeding began must be
awarded to the respondent in accordance with the Civil Law (Wrongs) Act
2002, chapter 14.
(4) This section is subject to section 150.
150 Costs—small
awards of damages—exceptions
(1) This section applies if a court awards $50 000 or less in damages
in a proceeding (other than an appellate proceeding) based on a motor accident
claim.
(2) This section applies in addition to
section 149.
(3) The court may make an award of costs
to compensate a party for costs resulting from a failure by another party to
comply with a procedural obligation under this part.
(4) The court must not award costs to a party
related to the introduction of evidence by the party that is unnecessarily
repetitive.
Example
If a claimant calls 2 or more expert witnesses from the same area of
expertise to give evidence to substantially the same effect, and the claimant is
entitled to costs under s 149, the court must only
allow costs related to 1 of the expert witnesses.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(5) Unless an award of damages is affected
by factors that were not reasonably foreseeable at the time of the exchange of
mandatory final offers, the court must not award costs to a party related to
investigations or gathering of evidence by the party after—
(a) the end of the compulsory conference; or
(b) if the parties or the court dispenses with a compulsory
conference—the date when the parties completed the exchange of mandatory
final offers.
Note A compulsory conference may be dispensed with by agreement or
by court order (see s 131).
(6) If an award of damages is affected by factors that were not reasonably
foreseeable by a party at the time of making the party’s mandatory final
offer, the court may, if satisfied that it is just to do so, make an order for
costs under section 149 (2) or (3) as if the reference to a mandatory
final offer in the relevant subsection were a reference to a later offer made in
the light of the factors that became apparent after the parties completed the
exchange of mandatory final offers.
Example
If a claimant’s medical condition suddenly and unexpectedly
deteriorates after the date of the mandatory
final offers and the court makes a much higher award of
damages than would have been reasonably expected at that date, the court may
ignore the mandatory final offers and award costs on the basis of later offers
of settlement.
Part
3.10 Judgment for noncompliance with
time limits
In this part:
compliance notice—see section 152.
enforcing party—see section 152.
late party—see section 152.
relevant notice claim—see section 153.
required thing, under a compliance notice, means the thing
required to be done under the notice.
152 Notice
time limit not complied with
(1) This section applies if—
(a) for a motor accident claim—
(i) the respondent has given the claimant a mandatory final notice under
section 135; or
(ii) the court has dispensed with the obligation to exchange mandatory
final offers under section 136; or
(iii) the time for exchanging mandatory final offers under
section 137 has closed; and
(b) a party (the late party) to the claim fails to do
something required to be done within a time limit for doing the thing under this
Act.
(2) However, this section does not apply if—
(a) the late party is the claimant; and
(b) the claimant is not legally represented in relation to the
claim.
(3) Another party to the claim (the enforcing party) may
give the late party a notice (the compliance notice) requiring the
late party to do the required thing not later than 7 days after the day the late
party receives the compliance notice.
153 Thing
not done within 7-day period—claimant as enforcing
party
(1) This section applies if—
(a) an enforcing party has given a late party a compliance notice;
and
(b) the late party does not do the required thing within the 7-day period
in the notice; and
(c) the enforcing party is the claimant to the motor accident claim (the
relevant notice claim) to which the notice relates.
(2) The enforcing party may, not later than 14 days after the day the
7-day period ends, apply to the court for an order—
(a) if the claimant has not started a proceeding based on the relevant
notice claim—giving the claimant leave to begin the proceeding;
and
(b) giving judgment in the proceeding in favour of the claimant against
the respondent.
154 Thing
not done within 7-day period—respondent as enforcing
party
(1) This section applies if—
(a) an enforcing party has given a late party a compliance notice;
and
(b) the late party does not do the required thing within the 7-day period
in the notice; and
(c) the enforcing party is the respondent to the relevant notice
claim.
(2) The enforcing party may, not later than 14 days after the day the
7-day period ends, apply to the court for an order—
(a) if the claimant has not started a proceeding based on the relevant
notice claim—that the claimant is barred from beginning the proceeding;
or
(b) giving judgment in the proceeding in favour of the respondent against
the claimant.
155 Thing
not done within 7-day period—court may make orders
(1) On application for judgment under section 153 or section 154, the
court may make the orders sought.
(2) In considering the application, the court must not make an order
against the late party if the party establishes that the party had a reasonable
excuse for failing to do the required thing within the 7-day period.
156 Court
orders in favour of claimant
(1) This section applies if the court makes an order giving judgment in
favour of the claimant against the respondent.
(2) The court must order—
(a) if the claimant and respondent have each made a written offer to the
other party—damages worked out by adding the claimant’s last written
offer to the respondent’s last written offer and dividing the total by 2;
or
(b) if 1 of the parties has not made a written offer—damages to be
assessed by the court.
(3) The court must order the respondent to pay the claimant’s costs
on an indemnity basis from the day the complying claim was received by the
respondent’s insurer.
157 Court
orders in favour of respondent
(1) This section applies if the court makes an order in favour of the
respondent against the claimant.
(2) Unless the court otherwise orders, the claimant must pay the
respondent’s costs of the proceeding including the costs of the
application.
Part
3.11 CTP insurer and nominal
defendant may recover costs incurred
Division
3.11.1 Preliminary
In this part:
costs, when used in
reference to the costs of an insurer for a motor accident
claim, includes—
(a) the amount paid out by the insurer on the claim to the claimant or for
the claimant’s benefit, including—
(i) the cost to the insurer of paying medical expenses for the claim;
and
(ii) the cost to the insurer of providing rehabilitation services for the
claim; and
Note Medical expenses and rehabilitation
services are dealt with in pt 3.6.
(b) the amounts paid by the insurer in investigating the claim and of
litigation related to the claim (but not the insurer’s general
administration costs).
159 Insurer
may only recover costs once
An insurer is not entitled to recover costs under a provision of this part
if the insurer has already recovered the costs under another
provision.
160 Proceeding
to recover costs
A proceeding by an insurer under a provision of this part may be brought
separately or by way of a third-party proceeding.
Division
3.11.2 CTP insurers
161 CTP insurer
may recover excess if 25% fault
(1) This section applies if—
(a) personal injury is caused by a motor accident involving a
CTP insured person; and
(b) the CTP insured person is more than 25% at fault for the motor
accident.
(2) The CTP insurer for the CTP insured person may recover as a
debt from the CTP insured person—
(a) if the costs reasonably incurred by the CTP insurer for a motor
accident claim for the motor accident are not more than $500—the total of
the costs incurred; or
(b) if the costs reasonably incurred by the CTP insurer for a motor
accident claim for the motor accident are more than $500—$500.
Note 1 A CTP policy insures against the risk of liability for
personal injury caused by a motor accident (see s 21).
Note 2 Costs include medical expenses and
rehabilitation costs (see s 158).
162 CTP insurer
may recover $2 000 if CTP premium fraud
(1) This section applies if—
(a) personal injury is caused by a motor accident involving a
CTP insured person; and
(b) the CTP insured person deliberately avoided paying the correct
CTP premium for the CTP policy by making a statement in relation to
the issue of the policy that the CTP insured person knew was false or
misleading in a material particular.
(2) The CTP insurer may recover as a debt from the CTP insured
person—
(a) if the costs reasonably incurred by the CTP insurer for a motor
accident claim for the motor accident are not more than $2 000—the
total of the amount paid and costs incurred; or
(b) if the costs reasonably incurred by the CTP insurer for a motor
accident claim for the motor accident are more than
$2 000—$2 000.
Note 1 A CTP policy insures against the risk of liability for
personal injury caused by a motor accident (see s 21).
Note 2 Costs include medical expenses and
rehabilitation costs (see s 158).
163 CTP insurer
may recover costs if no authority to use vehicle
(1) This section applies if—
(a) personal injury is caused by a motor accident involving a
CTP insured person; and
(b) the CTP insured person was, at the time of the motor accident,
using the motor vehicle—
(i) without the owner’s authority; and
(ii) without lawful justification or excuse; and
(iii) without reasonable grounds for believing that the CTP insured
person had the owner’s authority, or lawful justification or excuse, for
using the motor vehicle.
(2) The insurer may recover as a debt from the CTP insured person any
costs reasonably incurred by the insurer for a motor accident claim for the
personal injury.
Note A CTP policy insures against the risk of liability for
personal injury caused by a motor accident (see s 21).
164 CTP insurer
may recover costs if injury intentional
(1) This section applies if—
(a) personal injury is caused by a motor accident involving a
CTP insured person; and
(b) the CTP insured person intended to injure the claimant or someone
else.
(2) The CTP insurer may recover as a debt from the CTP insured
person any costs reasonably incurred by the CTP insurer for a motor
accident claim for the personal injury.
Note A CTP policy insures against the risk of liability for
personal injury caused by a motor accident (see s 21).
165 CTP insurer
may recover costs if driver using alcohol or drugs
(1) This section applies if—
(a) personal injury is caused by a motor accident involving a
CTP insured person; and
(b) the CTP insured person was the driver of the motor vehicle at the
time of the motor accident; and
(c) the CTP insured person was, at the time of the motor accident,
unable to exercise effective control of the motor vehicle because of the
CTP insured person’s ingestion of—
(i) alcohol; or
(ii) a non-medicinal drug or a combination of non-medicinal drugs;
or
(iii) a combination of alcohol and 1 or more non-medicinal
drugs.
(2) The CTP insurer may recover as a debt from the CTP insured
person any costs reasonably incurred by the CTP insurer for a motor
accident claim for the personal injury if the costs are reasonably attributable
to the CTP insured person’s inability to exercise effective control
of the motor vehicle.
(3) In this section:
non-medicinal drug means a drug other than a drug genuinely
and lawfully ingested for medical or therapeutic purposes.
Note A CTP policy insures against the risk of liability for
personal injury caused by a motor accident (see s 21).
Division
3.11.3 CTP insurer and nominal
defendant
166 Insurer
may recover costs if motor vehicle defective
(1) This section applies if—
(a) personal injury is caused by a motor accident involving an insured
person; and
(b) the motor accident is attributable wholly or partly to a defect in a
motor vehicle; and
(c) the defect arose from the wrongful act or omission of the manufacturer
or a person who carries on a business of repairing motor vehicles.
(2) The insurer may recover as a debt from
the manufacturer or repairer the proportion of the costs reasonably incurred by
the insurer for a motor accident claim for the personal injury that reasonably
reflects the degree of the manufacturer’s or repairer’s
responsibility for the motor accident.
(3) However, it is a defence for the manufacturer or repairer to prove
that the insured person of the motor vehicle drove the motor vehicle with
knowledge of the defect and its likely effect.
Note 1 A CTP policy insures against the risk of liability for
personal injury caused by a motor accident (see s 21).
Note 2 An amount recovered under this section by the nominal
defendant must be paid into the nominal defendant fund
(see s 66).
167 Insurer
may recover costs if fraud
An insurer may recover from a claimant or other person who defrauds, or
attempts to defraud, the insurer for a motor accident claim any costs reasonably
incurred by the insurer because of the fraud.
Note An amount recovered under this section by the nominal defendant
must be paid into the nominal defendant fund (see s 66).
Division
3.11.4 Nominal
defendant
168 Nominal
defendant may recover costs from owner or driver
(1) This section applies if personal injury is caused by a motor accident
involving an uninsured motor vehicle or an unidentified motor vehicle.
Note The nominal defendant is liable in relation to uninsured motor
vehicles (see s 61), and unidentified motor vehicles
(see s 63).
(2) The nominal defendant may recover as a debt from the owner or driver
of the vehicle (or both) any costs reasonably incurred by the nominal defendant
for a motor accident claim for the personal injury.
(3) It is a defence to a proceeding under this section against the owner
for the owner to prove that—
(a) the motor vehicle was driven without the owner’s authority;
or
(b) the owner believed on reasonable grounds that the motor vehicle was
insured.
(4) It is a defence to a proceeding under this section against the driver
for the driver to prove that the driver believed on reasonable grounds
that—
(a) the driver had the owner’s consent to drive the motor vehicle;
and
(b) the motor vehicle was insured.
(5) The nominal defendant may bring a
proceeding for recovery of costs under this section before the costs have been
actually paid in full and, in that case, a judgment for recovery of costs may
provide that, as far as the costs have not been actually paid, the right to
recover the costs is contingent on payment.
(6) This section does not affect a right of
recovery that the nominal defendant may have, apart from this section, against
the insured person.
Note An amount recovered under this section must be paid into the
nominal defendant fund (see s 66).
169 Nominal
defendant—access to territory information etc
The nominal defendant is entitled to have access to information and
materials in the possession of the Territory that may be relevant to the
recovery of costs that the nominal defendant is entitled to recover under this
part.
170 Insurer
to deter fraudulent motor accident claims
An insurer must take all reasonable steps to deter and prevent the making
of fraudulent motor accident claims.
Chapter
4 Licensing of
insurers
Part
4.1 Important
concepts
171 What
is a CTP insurer licence?
In this Act:
CTP insurer licence, for a corporation, means a licence
issued under section 177 (Decision on application) to carry on business as
a CTP insurer.
172 Meaning
of former licensed insurer and licensed
insurer
In this Act:
former licensed insurer means an entity that was, at any
time, a licensed insurer but is no longer a licensed insurer.
licensed insurer means a corporation that holds a
CTP insurer licence.
173 Offence—unlicensed
insurer issues CTP policy
(1) A person commits an offence if the person—
(a) issues a CTP policy; and
(b) is not a licensed insurer.
Maximum penalty: 100 penalty units.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
(2) A person commits an offence if the person—
(a) purports to issue a CTP policy; and
(b) is not a licensed insurer.
Maximum penalty: 100 penalty units.
174 Unlicensed
insurer liable for CTP policy
If a person who is not a licensed insurer issues a CTP policy, the
CTP policy is not annulled or affected only because the person is not a
licensed insurer.
Part
4.2 Application for CTP insurer
licence
(1) A corporation may apply to the CTP regulator for a
CTP insurer licence.
(2) The application must comply with the requirements prescribed by
regulation.
(3) The CTP regulator may, in writing, ask the applicant to give the
CTP regulator more information that the CTP regulator reasonably needs
to decide the application, including the following:
(a) details of the shareholders, directors and other managers of the
applicant;
(b) any previous returns and accounts under—
(i) the Corporations Act; and
(ii) the Insurance Act 1973 (Cwlth);
(c) details of reinsurance arrangements to which the applicant is a
party;
Note Reinsurance arrangements are
further dealt with in s 209.
(d) a draft business plan.
Note Business plans are dealt with in
s 202.
(4) The CTP regulator need not decide whether the corporation is
eligible for a CTP insurer licence if—
(a) the corporation’s application does not comply with any
requirement prescribed by regulation; or
(b) the corporation does not give the CTP regulator information asked
for under subsection (3).
Note 1 If a form is approved under s 266 for an application,
the form must be used.
Note 2 A fee may be determined under the Road Transport (General)
Act 1999, s 96, for this section.
Note 3 Giving false or misleading information is an offence against
the Criminal Code, s 338.
A corporation is eligible for a CTP insurer licence only if the
corporation is—
(a) authorised under the Insurance Act 1973 (Cwlth) to carry on
insurance business; and
(b) a party to the insurance industry deed.
177 Decision
on licence application
(1) On an application by a corporation for a licence, the
CTP regulator must—
(a) issue the licence; or
(b) refuse to issue the licence if the CTP regulator—
(i) is not satisfied that the applicant would not, or would not be able
to, properly exercise the functions of a licensed insurer if issued with a
licence; or
(ii) must not issue the licence under subsection (4).
Note A decision to refuse to issue a licence is a reviewable
decision (see Road Transport (General) Act 1999, pt 7 and Road
Transport (General) Regulation 2000).
(2) In deciding whether the applicant would not, or would not be able to,
properly exercise the functions of a licensed insurer if issued with a licence,
the CTP regulator must consider the following:
(a) the paid-up share capital and reserves of the applicant;
(b) the constitution of the applicant (if any);
(c) the reinsurance arrangements of the applicant;
(d) whether issuing the licence will contribute to the efficiency of the
motor accidents scheme under this Act generally;
(e) anything else prescribed by regulation.
(3) The CTP regulator may consider anything else the
CTP regulator considers appropriate for this Act.
(4) The CTP regulator must refuse to issue a licence if the applicant
does not comply with a requirement prescribed by regulation.
(5) If the CTP regulator proposes to issue a licence to a
corporation, the CTP regulator must, at least 14 days before the licence is
issued, tell all licensed insurers the name of the corporation.
(6) Failure by the CTP regulator to comply with subsection (5)
does not affect the validity of a corporation’s licence.
Note Power given by a law to make a decision includes power to
reverse or change the decision. The power to reverse or change the decision is
exercisable in the same way, and subject to the same conditions, as the power to
make the decision (see Legislation Act, s 180).
(1) It is a condition of a CTP insurer licence that the licensed
insurer must comply with the following:
(a) section 38 (Licensed insurer to charge approved
premium);
(b) the CTP premium guidelines;
Note The CTP premium guidelines are
made under s 39.
(c) section 40 (Licensed insurer to apply for approval of
premiums);
(d) section 116 (Respondent to pay injured person’s medical
expenses);
(e) section 121 (Respondent to make rehabilitation services
available);
(f) section 126 (Respondent to pay for rehabilitation
services);
(g) the medical and rehabilitation guidelines;
Note The medical and rehabilitation
guidelines are made under s 129.
(h) section 203 (Licensed insurer to have business plan);
(i) section 204 (Licensed insurer to comply with business
plan);
(j) section 205 (Licensed insurer to revise business plan);
(k) the CTP guidelines;
Note The CTP guidelines are made
under s 206.
(l) the business plan guidelines;
Note The business plan guidelines are
made under s 206.
(m) section 209 (1) (Reinsurance arrangements of licensed
insurers);
(n) section 211 (Licensed insurer to provide investment
details).
(2) A CTP insurer licence is also subject to any
condition—
(a) prescribed by regulation; or
(b) decided by the CTP regulator.
Note 1 Power given by a law to make a decision includes power to
reverse or change the decision. The power to reverse or change the decision is
exercisable in the same way, and subject to the same conditions, as the power to
make the decision (see Legislation Act, s 180).
Note 2 If the CTP regulator is unable, under s 195 or
s 196, to cancel a licence because the CTP regulator is not satisfied
the insurer’s liabilities have been appropriately dealt with, the
CTP regulator may, instead, impose a condition on the licence that
prohibits the insurer from issuing any further CTP policies
(see s 197).
(3) A condition under subsection (2) (b) must not be
inconsistent with any condition prescribed by regulation that applies to the
CTP insurer licence.
(4) The CTP regulator may amend a CTP insurer licence
by—
(a) including a condition on the licence; or
(b) amending or revoking a condition included by the CTP regulator on
the licence.
(5) If the CTP regulator amends a licensed insurer’s licence
under subsection (4), the CTP regulator must tell the insurer about
the amendment as soon as practicable, but not later than 30 days after the
day the CTP regulator decides the amendment.
Note A decision by the CTP regulator under s (2) (b)
or (4) is a reviewable decision (see Road Transport (General) Act 1999,
pt 7 and Road Transport (General) Regulation 2000).
(6) This section is subject to section 180 (Prohibited licence
conditions).
179 Matters
that may be regulated by licence conditions
(1) Without limiting section 178, the conditions to which a
CTP insurer licence may be subject include the following
conditions:
(a) a condition for ensuring compliance with the obligations of the
licensed insurer;
(b) a condition for ensuring that insurance CTP premiums for
CTP policies are sufficient to meet motor accident claims;
(c) a condition for requiring the licensed insurer to achieve early
resolution of motor accident claims, and early payment for treatment of injured
people, at particular levels;
(d) a condition for ensuring general efficiency in relation to motor
accident claims and payments;
(e) a condition relating to the provision of information about motor
accident claims and profits.
(2) A licensed insurer is taken not to have contravened a condition
mentioned in subsection (1) (c) if the insurer establishes
that—
(a) the insurer gave a report to the CTP regulator within a
reasonable period after the condition is contravened; and
(b) the report sets out reasonable grounds for justifying the
contravention.
(3) This section is subject to section 180.
180 Prohibited
licence conditions
(1) A CTP insurer licence must not be subject to any of the following
conditions:
(a) a condition that gives, or is likely to give, a competitive advantage
to a licensed insurer over another licensed insurer;
(b) a condition that requires a licensed insurer to obtain a share of the
insurance market.
(2) A condition mentioned in subsection (1) has no effect on a
CTP licence.
181 Offence—contravening
licence condition
(1) A person commits an offence if the person—
(a) is a licensed insurer; and
(b) contravenes a condition of the person’s CTP insurer
licence.
Maximum penalty: 100 penalty units.
(2) This section does not apply to a condition mentioned in
section 180.
Note 1 Penalties imposed under this Act must be paid into the
nominal defendant fund (see s 66).
Note 2 Contravention of a licence condition is also grounds
for—
• suspension of the CTP insurer licence
(see s 187)
• a civil penalty to be imposed on the licensed insurer
(see s 191)
• censure of the licensed insurer (see s 191).
However, if a licensed insurer is convicted of an offence under this
section, the CTP regulator must not require the licensed insurer to pay a
civil penalty under s 191.
182 Contravention
of licence condition does not affect CTP policy
If a person issues a CTP policy in contravention of a licence
condition, the CTP policy is not annulled or affected only because the
person is in contravention of the condition.
183 Offence—unlicensed
insurer contravening licence condition
A person commits an offence if—
(a) the person is not a licensed insurer; and
(b) the person engages in conduct that would, if the person was a licensed
insurer, contravene a condition of a CTP insurer licence; and
(c) the condition relates to a motor accident.
Maximum penalty: 100 penalty units.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
A CTP insurer licence—
(a) takes effect on the day stated in the licence; and
(b) continues in force until it is cancelled.
(1) A licensed insurer (the old insurer) may, with the
approval of the CTP regulator, transfer the insurer’s licence
to—
(a) another licensed insurer (the new insurer); or
(b) a corporation to whom the CTP regulator proposes to issue a
licence (the new insurer).
(2) The CTP regulator must not approve the transfer of a licence
unless satisfied that the new insurer is able to meet the past, present and
future liabilities of the old insurer—
(a) under any CTP policy for which the old insurer is the insurer;
and
(b) to the nominal defendant fund; and
(c) to any other licensed insurer.
Part
4.3 Suspension of CTP insurer
licence
186 Licence
suspension notices
The CTP regulator may suspend a CTP insurer licence under
section 187 or section 188 by giving the licensed insurer a written
suspension notice stating—
(a) that the licence is suspended on and from the day stated in the
notice; and
(b) the reasons for the suspension.
Note Power given by a law to make a decision includes power to
reverse or change the decision. The power to reverse or change the decision is
exercisable in the same way, and subject to the same conditions, as the power to
make the decision (see Legislation Act, s 180).
187 Grounds
for licence suspension—contraventions
(1) The CTP regulator may suspend a CTP insurer licence if the
CTP regulator believes on reasonable grounds that the insurer has
contravened—
(a) this Act; or
(b) the insurer’s CTP insurer licence; or
(c) the insurance industry deed.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(2) However, if the CTP regulator is satisfied that the contravention
could be remedied not later than 21 days after the day the contravention
happened, the CTP regulator must not suspend the licence under this section
until at least 21 days after the day the contravention happened.
Note A decision to suspend a CTP insurer licence is a
reviewable decision (see the Road Transport (General) Act 1999, pt 7
and the Road Transport (General) Regulation 2000).
188 Grounds
for licence suspension—grounds other than
contraventions
The CTP regulator may suspend a licensed insurer’s
CTP insurer licence if—
(a) the insurer is not authorised under the Insurance Act 1973
(Cwlth) to carry on insurance business; or
(b) any of the following is appointed over all or part of the assets, or
undertaking, of the insurer:
(i) a provisional liquidator, liquidator or official liquidator;
(ii) a receiver, receiver and manager or official manager;
(iii) a trustee; or
(c) the insurer is given a direction under the Insurance Act 1973
(Cwlth), section 51 (Inquiry by APRA and directions relating to certain
assets) or section 62 (Directions); or
(d) an inspector is appointed to investigate the affairs of the insurer
under the Insurance Act 1973 (Cwlth), part V (Investigations);
or
(e) the CTP regulator receives a report under section 215 (Audit
of accounting records and compliance with guidelines) and believes on reasonable
grounds that the insurer is, or is likely to become, unable to meet its
liabilities under this Act or under CTP policies issued by the insurer;
or
(f) the insurer defaults in the payment of principal or interest of more
than $100 000 under any debenture, or series of debentures, issued by the
insurer, unless the default occurs because the insurer genuinely disputes its
liability to make the payment; or
(g) the insurer enters into, or resolves to enter into any of the
following, other than for a reconstruction or amalgamation on terms that have
been approved by the CTP regulator:
(i) an arrangement, composition or compromise with its
creditors;
(ii) a transfer for the benefit of its creditors; or
(h) a proceeding is commenced to sanction an arrangement, composition,
compromise or transfer mentioned in paragraph (g), other than for a
reconstruction or amalgamation on terms that have been approved by the
CTP regulator; or
(i) an application (other than a frivolous or vexatious application) or
order is made for the winding up or dissolution of the insurer, other than for a
reconstruction or amalgamation on terms that have been approved by the
CTP regulator; or
(j) a resolution is passed for the winding up or dissolution of the
insurer, other than for a reconstruction or amalgamation on terms that have been
approved by the CTP regulator; or
(k) there is a change in the effective control of the insurer;
or
(l) the insurer becomes a subsidiary of a corporation of which it was not
a subsidiary when the licence was issued; or
(m) the CTP regulator believes on reasonable grounds that the insurer
has failed to comply with a condition imposed on the insurer’s authority
to carry on insurance business under the Insurance Act 1973 (Cwlth);
or
(n) a person claiming to be a creditor of the insurer gives the insurer a
demand requiring the insurer to pay an amount of more than $100 000, and
the insurer fails to pay the amount, or secure or compound for it to the
satisfaction of the person, within 3 weeks after the day the demand is given;
or
(o) an execution or other process issued on a judgment, decree or order of
a court in favour of a creditor of the insurer is returned unsatisfied,
completely or partly, and the amount unsatisfied is more than $100,000;
or
(p) the insurer agrees to the suspension.
Note 1 A decision to suspend a CTP insurer licence is a
reviewable decision (see Road Transport (General) Act 1999, pt 7 and
Road Transport (General) Regulation 2000).
Note 2 A licensed insurer, or former licensed insurer, commits an
offence if any of the events or things mentioned in this section, other than
paragraph (e), paragraph (m) or paragraph (p), happens and the
person does not tell the CTP regulator about it
(see s 225).
189 Ending
licence suspension
(1) The CTP regulator may, by written notice given to a licensed
insurer, end the suspension of the insurer’s CTP insurer’s
licence.
(2) The CTP regulator may end the suspension of a
CTP insurer’s licence only if the regulator believes on reasonable
grounds that the licensed insurer is able to comply with the requirements that
would be imposed on the insurer if it were issued with a licence for the first
time.
190 Offence—issuing
CTP policy if licence suspended
A person commits an offence if—
(a) the person is a licensed insurer; and
(b) the person’s CTP insurer licence is suspended;
and
(c) the person issues a CTP policy.
Maximum penalty: 100 penalty units
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
191 Civil
penalty or censure of licensed insurer
(1) This section applies if the CTP regulator believes on reasonable
grounds that a licensed insurer has contravened—
(a) this Act; or
(b) the insurer’s CTP insurer licence; or
(c) the insurance industry deed.
(2) The CTP regulator may, instead of suspending the insurer’s
licence—
(a) impose a civil penalty on the insurer of not more than $50 000;
or
(b) issue a letter of censure to the insurer.
Note 1 Penalties imposed under this Act must be paid into the
nominal defendant fund (see s 66).
Note 2 A decision to impose a civil penalty is a reviewable decision
(see Road Transport (General) Act 1999, pt 7 and Road Transport
(General) Regulation 2000).
(3) However, if a licensed insurer is convicted of an offence under
section 181 (Offence—contravening condition of CTP insurer
licence) in relation to an act or omission, the CTP regulator must not
require the licensed insurer to pay a civil penalty under this section in
relation to the same act or omission.
(4) Before imposing a civil penalty, the CTP regulator
must—
(a) refer the matter to a committee (the civil penalty and censure
committee) for advice; and
(b) consider any advice provided by the civil penalty and censure
committee.
(5) The civil penalty and censure committee must give the licensed insurer
an opportunity to make written submissions about the alleged contravention, but
is not required to conduct a hearing into the matter.
192 Civil
penalty and censure committee
(1) The civil penalty and censure committee under section 191
consists of—
(a) the CTP regulator; and
(b) a nominee of the Insurance Council of Australia Limited; and
(c) another member nominated jointly by the CTP regulator and the
Insurance Council of Australia Limited.
(2) If the Insurance Council of Australia Limited fails to make a
nomination for the civil penalty and censure committee within the time required
by the CTP regulator, the Minister may make the nomination for the
Insurance Council of Australia Limited.
193 Recovery
of civil penalty by CTP regulator
(1) A civil penalty imposed under section 191 may be recovered by the
CTP regulator as a debt payable to the CTP regulator.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
Part
4.4 Cancellation of CTP insurer
licences
194 Licence
cancellation notices
(1) The CTP regulator may cancel a licensed insurer’s
CTP insurer licence under section 195 or section 196 by giving a
written notice to the insurer stating—
(a) that the licence is cancelled on the day stated in the notice;
and
(b) the reasons for the cancellation.
(2) The day stated in the notice must not be a day earlier than the day
the licensed insurer receives the notice.
Note 1 Power given by a law to make a decision includes power to
reverse or change the decision. The power to reverse or change the decision is
exercisable in the same way, and subject to the same conditions, as the power to
make the decision (see Legislation Act, s 180).
Note 2 A decision to cancel a CTP insurer licence is a
reviewable decision (see Road Transport (General) Act 1999, pt 7 and
Road Transport (General) Regulation 2000).
195 Grounds
for licence cancellation
(1) The CTP regulator may cancel a licensed insurer’s
CTP insurer licence for any reason the CTP regulator considers
appropriate.
(2) Without limiting subsection (1), the CTP regulator may
cancel a licence for reasons relating to the motor accidents scheme under this
Act generally, whether or not the reasons relate to the efficiency and conduct
of the licensed insurer.
(3) Before cancelling a licensed insurer’s CTP insurer licence,
the CTP regulator must give the licensed insurer an opportunity to make
written submissions about the reasons for the cancellation.
(4) This section is subject to section 197 (Insurer’s
liabilities to be met before licence cancelled).
196 Licence
cancellation after surrender
(1) If a licensed insurer surrenders the insurer’s CTP insurer
licence to the CTP regulator, the CTP regulator may cancel the licence
only if the CTP regulator approves the surrender.
(2) This section is subject to section 197 (Insurer’s
liabilities to be met before licence cancelled).
197 Insurer’s
liabilities to be met before licence cancelled
(1) The CTP regulator may cancel a CTP insurer licence under
section 195 or section 196 only if satisfied that the licensed insurer
has—
(a) discharged all of its past, present and future
liabilities—
(i) under any CTP policy for which it is the insurer; and
(ii) to the nominal defendant fund; and
(iii) to any other licensed insurer; or
(b) provided security, or entered into other arrangements satisfactory to
the CTP regulator, for the liabilities.
(2) If the CTP regulator is unable, under subsection (1), to
cancel a licensed insurer’s CTP insurer licence, the
CTP regulator may, instead, impose a condition on the licence that
prohibits the insurer from issuing any further CTP policies.
Note It is an offence to contravene a licence condition
(see s 181).
Part
4.5 Transfer of CTP policies to
other insurers
198 Policy
transfer notices
The CTP regulator may transfer an insurer’s CTP policies to
another insurer under section 199 by giving a written transfer notice to
both insurers stating—
(a) the CTP policies that are to be transferred; and
(b) the day when the transfer happens.
Note 1 Power given by a law to make a decision includes power to
reverse or change the decision. The power to reverse or change the decision is
exercisable in the same way, and subject to the same conditions, as the power to
make the decision (see Legislation Act, s 180).
Note 2 A decision to transfer a CTP insurer licence is a
reviewable decision (see Road Transport (General) Act 1999, pt 7 and
Road Transport (General) Regulation 2000).
199 Transfer
of policies to other insurers
(1) The CTP regulator may transfer an insurer’s
CTP policies to a licensed insurer if—
(a) the insurer’s CTP insurer licence is cancelled or otherwise
ceases to be in force; or
(b) the CTP regulator is satisfied that it is necessary to do so to
ensure compliance with a condition of the licence.
(2) In this section:
insurer means a licensed insurer, and includes a person whose
CTP insurer licence has been cancelled or has otherwise ceased to be in
force.
200 Effect
of transfer of policies
(1) If a CTP policy (the original policy) is
transferred from an insurer (the old insurer) to a licensed
insurer (the new insurer) under section 199—
(a) the original policy is cancelled; and
(b) the new insurer is taken to have issued a
CTP policy—
(i) on the day of the transfer; and
(ii) on the same terms as the original policy; and
(iii) for the balance of the period of the original policy; and
(c) the old insurer must pay to the new insurer—
(i) the same proportion of the CTP premium paid, or to be paid, for
the original policy as the balance of the indemnity period of the policy bears
to the whole indemnity period of the policy; and
(ii) an additional amount decided by the CTP regulator for the income
from investment and the management fee for the CTP premium.
(2) The new insurer may recover an amount payable under
subsection (1) (c) as a debt from the old insurer.
(3) Cancellation of a CTP policy under this section ends the
indemnity period of the policy but, subject to this section, does not affect any
right, obligation or liability acquired, accrued or incurred under the policy
during the indemnity period.
201 CTP insurer
licence register
(1) The CTP regulator must keep a register of—
(a) the name of each corporation that is—
(i) issued with a CTP insurer licence; or
(ii) refused a CTP insurer licence; and
(b) for each CTP insurer licence issued by the CTP regulator,
the following details:
(i) any condition imposed on the licence;
(ii) any suspension of the licence;
(iii) any cancellation of the licence;
(iv) any transfer of the licence;
(c) anything else prescribed by regulation.
(2) The CTP regulator may keep any other details in the register that
the CTP regulator considers appropriate.
Part
4.6 Supervision of licensed
insurers
202 What
is a business plan?
In this Act:
business plan, for a licensed insurer—
(a) means a plan describing how the licensed insurer’s
CTP insurance business must be carried out; and
Note CTP insurance business,
for a licensed insurer, means any business associated with CTP policies
(see s 11).
(b) must include a description of how the following things must be carried
out:
(i) motor accident claims handling;
(ii) management;
(iii) expenses;
(iv) systems for processing and transmitting information.
203 Licensed
insurer to have business plan
(1) A licensed insurer must have a business plan for the insurer’s
CTP insurance business.
Note CTP insurance business, for a licensed insurer,
means any business associated with CTP policies
(see s 11).
(2) The business plan must comply with the business plan
guidelines.
Note The CTP regulator may make business plan guidelines under
s 206.
(3) If the CTP regulator asks a licensed insurer for the business
plan, the licensed insurer must give the CTP regulator a copy of the
business plan as soon as practicable.
Note A CTP insurer licence is subject to the condition that the
licensed insurer must comply with this section (see s 178).
204 Licensed
insurer to comply with business plan
(1) A licensed insurer must carry out the insurer’s
CTP insurance business in accordance with the insurer’s business
plan.
(2) If a licensed insurer carries out the insurer’s
CTP insurance business in a way that departs significantly from the
business plan, the insurer must tell the CTP regulator.
Note A CTP insurer licence is subject to the condition that the
licensed insurer must comply with this section (see s 178).
205 Licensed
insurer to revise business plan
A licensed insurer must revise the insurer’s business
plan—
(a) at least once each year; and
(b) if the licensed insurer’s CTP insurance business departs
significantly from the business plan; and
(c) if the CTP regulator directs the insurer to revise the business
plan.
Note A CTP insurer licence is subject to the condition that the
licensed insurer must comply with this section (see s 178).
(1) The CTP regulator may make CTP guidelines.
Note Power to make a statutory instrument includes power to amend or
repeal the instrument. The power to amend or repeal the instrument is
exercisable in the same way, and subject to the same conditions, as the power to
make the instrument (see Legislation Act, s 46).
(2) However, the CTP regulator must consult each licensed insurer
before making a CTP guideline.
Note A CTP insurer licence is subject to the condition that the
licensed insurer must comply with the CTP guidelines
(see s 178).
(3) The CTP guidelines may make provision for the
following:
(a) issue of CTP policies;
(b) business plans (the business plan guidelines) for
licensed insurers.
(4) A CTP guideline is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
207 What
is a licensed insurer’s market share?
In this part:
market share, of a licensed insurer, means, at any particular
time, the proportion worked out under section 208 by the CTP regulator
for the insurer and applicable at the time.
208 Working
out market share of each licensed insurer
(1) A licensed insurer must, not later than the due date for each quarter
and each financial year, tell the CTP regulator the amount of insurance
CTP premiums received by the insurer for all CTP policies issued by
the licensed insurer during the quarter or year.
(2) The CTP regulator must, after notifications have been received
from all licensed insurers for a quarter or year, decide, for each licensed
insurer, the proportion that the CTP premiums received by the licensed
insurer for the quarter or year bears to the total amount of CTP premiums
received by all licensed insurers for the quarter or year.
(3) The CTP regulator may round a market share worked out under this
section to .01%.
(4) After working out the market share for each licensed insurer for each
quarter and financial year, the CTP regulator must tell all licensed
insurers about each licensed insurer’s market share for the quarter or
financial year.
(5) In this section:
due date means—
(a) for each quarter—the day, after the end of the quarter, decided
by the CTP regulator and notified in writing to the licensed insurer;
or
(b) for each financial year—the day, after the end of the financial
year, decided by the CTP regulator and notified in writing to the licensed
insurer.
209 Reinsurance
arrangements of licensed insurers
(1) A licensed insurer must tell the CTP regulator—
(a) details of arrangements made, or proposed to be made, for reinsurance
for liabilities under CTP policies issued by the licensed insurer;
and
(b) the terms of any approval of APRA under the Insurance
Act 1973 (Cwlth) for the reinsurance.
Note A CTP insurer licence is subject to the condition that the
licensed insurer must comply with this s (see s 178).
(2) A licensed insurer must not, without the prior written agreement of
the CTP regulator, enter into any kind of reinsurance if the total amount
payable for the reinsurance exceeds 15% of the gross direct CTP premium
written by the insurer.
210 What
are third-party funds?
In this part:
third-party funds, of a licensed insurer,
means—
(a) the funds of the insurer derived from the payment of CTP premiums
for CTP policies; and
(b) from the investment of the funds.
211 Licensed
insurer to provide investment details
If the CTP regulator asks a licensed insurer to give the
CTP regulator details of how the insurer’s third-party funds, and
other funds, are invested, the licensed insurer must comply with the
request.
Note A CTP insurer licence is subject to the condition that the
licensed insurer must comply with this section (see s 178).
212 Offence—licensed
insurer to keep accounts
(1) A licensed insurer commits an offence if the insurer does not keep the
following accounting and other records for the business or financial position of
the insurer:
(a) the records prescribed by regulation;
(b) the records that the insurer is directed, in writing by the
CTP regulator, to keep.
Maximum penalty: 100 penalty units.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
(2) In this section:
accounting records include the following:
(a) invoices;
(b) receipts;
(c) orders for the payment of amounts;
(d) bills of exchange;
(e) cheques;
(f) promissory notes;
(g) vouchers and other prime entry documents;
(h) the working papers and other documents that are necessary to explain
the methods and calculations by which accounts are made up.
213 Offence—licensed
insurer to provide returns
(1) A licensed insurer commits an offence if the licensed insurer does not
give the CTP regulator the following returns for the business or financial
position of the insurer:
(a) the returns prescribed by regulation;
(b) if the CTP regulator directs the insurer, in writing, to give a
return—the returns that the insurer is directed to give.
Maximum penalty: 100 penalty units.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
(2) A licensed insurer commits an offence if the licensed insurer does not
give the returns mentioned in subsection (1) in the way—
(a) prescribed by regulation; or
(b) if the CTP regulator directs the insurer, in writing, to give the
returns in a stated way—that the CTP regulator directs.
Maximum penalty: 100 penalty units.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
(3) A licensed insurer commits an offence if the licensed insurer does not
include in the returns mentioned in subsection (1) the
details—
(a) prescribed by regulation; and
(b) if the CTP regulator directs the insurer, in writing, to include
stated details—that the CTP regulator directs.
Maximum penalty: 100 penalty units.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
(4) A licensed insurer commits an offence if the licensed insurer, when
giving the returns mentioned in subsection (1), does not also give the
CTP regulator the documents—
(a) prescribed by regulation; or
(b) if the CTP regulator directs the insurer, in writing, to give
stated documents—that the CTP regulator directs.
Maximum penalty: 100 penalty units.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
(5) A licensed insurer commits an offence if the licensed insurer does not
give the returns mentioned in subsection (1) to the
CTP regulator—
(a) not later than 6 weeks after the end of each quarter;
or
(b) if the CTP regulator directs, in writing, the licensed insurer to
give the returns at another stated time—not later than the stated
time.
Maximum penalty: 100 penalty units.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
214 CTP regulator
may publish returns
The CTP regulator may make publicly available a copy of any return,
and any document accompanying a return, given to the CTP regulator under
section 213.
215 Audit
of accounting records and compliance with guidelines
(1) The CTP regulator may appoint an appropriately qualified person
(an appointed auditor) to audit or inspect, and report to the
CTP regulator on—
(a) the accounting records of a licensed insurer; or
(b) other records relating to the business or financial position of a
licensed insurer; or
(c) the licensed insurer’s compliance with each of the
following:
(i) the CTP premium guidelines;
(ii) the medical and rehabilitation guidelines;
(iii) the business plan guidelines;
(iv) the CTP guidelines;
(v) any other guidelines made under this Act.
(2) An appointed auditor is, in exercising a function under this section,
entitled to inspect the accounting and other records of the licensed
insurer.
(3) An appointed auditor exercising a function under this section has
qualified privilege in a proceeding for defamation for any statement that the
appointed auditor makes orally or in writing in the course of exercising the
function.
(4) In this section:
accounting records, of a licensed insurer, include the
following:
(a) invoices;
(b) receipts;
(c) orders for the payment of amounts;
(d) bills of exchange;
(e) cheques;
(f) promissory notes;
(g) vouchers and other prime entry documents;
(h) records relating to how a licensed insurer’s third-party funds
and other funds are invested;
(i) the working papers and other documents that are necessary to explain
the methods and calculations by which accounts are made up.
216 Offence—licensed
insurer to assist appointed auditor
A licensed insurer commits an offence if—
(a) an appointed auditor is exercising a function under section 215
in relation to the licensed insurer; and
(b) the licensed insurer does not provide all reasonable assistance
requested by the auditor to allow the exercise of the function.
Maximum penalty: 100 penalty units.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
217 Audit
of licensed insurer’s profitability
(1) The CTP regulator may carry out an audit to work out the
profitability of a licensed insurer and, in carrying out the audit, may exercise
a function of an appointed auditor.
(2) The CTP regulator must report on the audit, on a confidential
basis, to APRA.
218 CTP regulator
may ask for information etc
(1) The CTP regulator may ask a licensed insurer to give the
CTP regulator stated information about the business and financial position
of—
(a) the licensed insurer; or
(b) a corporation that is a related body corporate of the licensed
insurer.
Note Licensed insurer includes a former licensed insurer
(see s (5)).
(2) The CTP regulator may ask a licensed insurer to give the
CTP regulator a stated document kept by—
(a) the licensed insurer; or
(b) a corporation that is a related body corporate of the licensed
insurer.
(3) The CTP regulator may ask a licensed insurer to make available
for inspection by the CTP regulator a stated document kept
by—
(a) the licensed insurer; or
(b) a corporation that is a related body corporate of the licensed
insurer.
(4) To avoid any doubt, this section does not limit—
(a) any other provision of this Act about the CTP regulator obtaining
information; or
(b) how the CTP regulator may obtain information.
(5) In this section:
document includes—
(a) a return or account given under—
(i) the Corporations Act; and
(ii) the Insurance Act 1973 (Cwlth); and
(b) a copy of, or extract from, a document.
information, about the business and financial position of an
entity, includes—
(a) financial information that is, or may be, relevant to the
consideration by the CTP regulator of CTP premiums charged by the
licensed insurer under this Act; and
(b) information about—
(i) the cost of motor accident claims handling incurred by the licensed
insurer; and
(ii) the settlement of motor accident claims by the licensed insurer;
and
(c) information about any other matter in relation to the licensed
insurer.
licensed insurer includes a former licensed
insurer.
219 How
CTP regulator is to ask
(1) A request by the CTP regulator under section 218
must—
(a) be made in writing and given to the licensed insurer or former
licensed insurer; and
(b) state how the request must be complied with; and
(c) state when the request must be complied with.
(2) A statement of how the request must be complied with may include a
requirement that the licensed insurer, or former licensed insurer, give the
CTP regulator a certificate of correctness.
(3) In this section:
certificate of correctness, for stated information or a
stated document (or a copy of or extract from a stated document), means a
certificate certifying the correctness of the information, document, copy or
extract by any of the following:
(a) a registered tax agent;
(b) a registered company auditor;
(c) an actuary approved by the CTP regulator.
registered company auditor—see the Corporations Act,
section 9.
220 Offence—insurer
to give information and documents
(1) A licensed insurer commits an offence if—
(a) the CTP regulator makes a request of a licensed insurer, or a
former licensed insurer, under section 218; and
(b) the CTP regulator makes the request in the way mentioned in
section 219; and
(c) the insurer does not comply with the request.
Maximum penalty: 100 penalty units.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
(2) It is a defence to a prosecution for an offence against this section
if the defendant proves that it was not in the defendant’s power to comply
with the requirement.
221 Reports
about insurers
(1) The CTP regulator may give the Minister reports
about—
(a) the level of compliance by insurers with—
(i) the requirements of this Act; and
(ii) any conditions of licences under this Act (including any guidelines
under this Act); and
(b) complaints made about insurers that relate to any matter to which this
Act relates; and
(c) anything else about insurers that relates to any matter to which this
Act relates.
(2) A report may relate to—
(a) insurers generally; or
(b) a class of insurers; or
(c) a particular insurer.
(3) A report may identify a particular insurer.
(4) A report may include the observations and recommendations the
CTP regulator considers appropriate.
(5) The Minister may make a report public.
222 CTP regulator
may apply for policy holder protection order
(1) The CTP regulator may apply to the Supreme Court for an order (a
policy holder protection order) to protect the interests of the
holders of CTP policies issued by a licensed insurer or a former licensed
insurer.
(2) If the CTP regulator intends to apply for a policy holder
protection order, the CTP regulator must give the following entities notice
of its intention:
(a) APRA;
(b) ASIC.
(3) Each of the following entities has a right to appear, and be heard, in
a proceeding for a policy holder protection order:
(a) APRA;
(b) ASIC.
(4) Before considering an application for a policy holder protection
order, the Supreme Court may, if in its opinion it is desirable to do so, make
an interim policy holder protection order that is expressed to have effect until
the application is decided.
(5) If the Supreme Court makes an interim policy holder protection order,
the court may not require the CTP regulator to give an undertaking as to
damages as a condition of making the order.
223 Court
orders to protect policy holders
(1) The Supreme Court may, on the application of the CTP regulator,
make any order the Supreme Court considers necessary or desirable to protect the
interests of the holders of CTP policies issued by a licensed
insurer.
Note Licensed insurer includes a former licensed insurer
(see s (6)).
(2) However, the court may make an order for a licensed insurer only
if—
(a) satisfied that the licensed insurer—
(i) is not, or may not be, able to meet the insurer’s liabilities
under the CTP policies; or
(ii) has acted, or may act, in a way that is prejudicial to the interests
of the holders of the CTP policies; and
(b) the licensed insurer is not a corporation that is in the course of
being wound up.
(3) Without limiting subsection (1), the Court may make the following
orders:
(a) an order regulating the administration and payment of motor accident
claims under the CTP policies;
(b) an order prohibiting or regulating the transfer or disposal of, or
other dealing in, the assets of the licensed insurer;
(c) an order requiring the licensed insurer to discharge its liabilities
under the CTP policies out of its assets and the assets of any related body
corporate;
(d) an order appointing a receiver or receiver and manager, having the
powers that the Court orders, of the property or part of the property of the
licensed insurer or of any related body corporate.
(4) If the Supreme Court makes an order under this section, the court may,
on application by the CTP regulator or anyone else affected by the order,
make another order revoking or amending the order.
(5) To avoid any doubt, the powers of the Supreme Court under this section
are in addition to any other powers of the Supreme Court.
(6) In this section:
licensed insurer includes a former licensed
insurer.
224 Offence—contravene
court order
A person commits an offence if—
(a) a court order under section 223 is in force for the person;
and
(b) the person contravenes the order.
Maximum penalty: 20 penalty units, imprisonment for 6 months or
both.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
225 Offence—insurer
to tell CTP regulator about grounds for suspension
A person commits an offence if—
(a) the person is a licensed insurer or a former licensed insurer;
and
(b) an event or thing mentioned in section 188 (Grounds for
suspension—other grounds) happens, other than an event or thing mentioned
in section 188 (e), (m) or (p); and
(c) the person does not tell the CTP regulator about the event or
thing, in writing, within 21 days after the event or thing
happens.
Maximum penalty: 100 penalty units.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
226 Offence—insurer
to tell CTP regulator of decrease in issued capital
A person commits an offence if—
(a) the person is a licensed insurer; and
(b) there is, or is to be, a decrease in the issued capital of the
insurer; and
(c) the person does not tell the CTP regulator about the decrease or
proposed decrease, in writing, within 21 days after the decrease or
proposal.
Maximum penalty: 100 penalty units.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
227 Offence—insurer
to tell CTP regulator of bidder’s statement or target’s
statement
(1) A person commits an offence if the person—
(a) is a licensed insurer; and
(b) receives a bidder’s statement or target’s statement;
and
(c) does not tell the CTP regulator about the statement, in writing,
within 21 days after the licensed insurer receives the statement.
Maximum penalty: 100 penalty units.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
(2) In this section:
bidder’s statement—see the Corporations Act,
section 9.
target’s statement—see the Corporations Act,
section 9.
228 Only
CTP regulator may issue proceeding against licensed
insurer
A proceeding against a licensed insurer for failure to comply with the
terms of the insurer’s licence, or this Act, may only be issued by the
CTP regulator.
Part
4.7 Insolvent
insurers
In this part:
CTP policy issued by an insolvent insurer
means—
(a) a CTP policy issued by an insolvent insurer, whether before or
after the insurer became an insolvent insurer; or
(b) a CTP policy, issued by a person other than an insolvent insurer,
for which an insolvent insurer has (whether before or after becoming an
insolvent insurer) entered into a contract or an arrangement under which the
insolvent insurer is (or would be but for its dissolution) liable to indemnify
the person against the person’s liability under the policy.
insolvent insurer means a licensed insurer, or former
licensed insurer, for which an insolvent insurer declaration is in
force.
insolvent insurer declaration—see
section 231.
liquidator includes a provisional liquidator.
(1) In this part, a reference to a liquidator or provisional liquidator
includes a reference to a liquidator or provisional liquidator appointed outside
the ACT.
(2) The liquidator of an insolvent insurer may exercise its functions
inside and outside the ACT.
231 Insolvent
insurer declarations
(1) The Minister may declare (an insolvent insurer
declaration) a licensed insurer, or former licensed insurer, to be an
insolvent insurer if—
(a) the Minister is satisfied that—
(i) a liquidator or provisional liquidator has been appointed for the
licensed insurer or former licensed insurer; or
(ii) the licensed insurer, or former licensed insurer, has been dissolved;
and
(b) the Minister has consulted—
(i) APRA; and
(ii) ASIC; and
(c) the Treasurer approves the making of the declaration.
(2) An insolvent insurer declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
232 Nominal
defendant is insurer if CTP insurer insolvent
(1) If a CTP insurer for a CTP policy becomes an insolvent
insurer, the nominal defendant becomes the insurer for the policy.
(2) However, subsection (1) does not apply to a CTP policy that
is transferred to a licensed insurer (other than an insolvent
insurer).
Note Transfer of CTP policies is dealt with in pt
4.5.
233 Nominal
defendant may recover from insolvent insurer
(1) If a CTP insurer becomes an
insolvent insurer, any costs reasonably incurred by the nominal defendant for
motor accident claims under a CTP policy for which the insolvent insurer
was the insurer become debts of the insolvent insurer to the nominal defendant
and provable in the insolvency.
(2) The costs that become the debts of the insolvent insurer under
subsection (1) have the same order of priority in the winding-up of the
insolvent insurer as they would if the nominal defendant were the
CTP insured person under the CTP policy.
(3) If the motor accident claim for which
costs were incurred by the nominal defendant is covered by a contract of
reinsurance, the nominal defendant succeeds to the rights of the insolvent
insurer under the contract of
reinsurance.
Note An amount recovered under this section must be paid into the
nominal defendant fund (see s 66).
234 Offence—liquidator
to give motor accident claims to nominal defendant
The liquidator of an insolvent insurer commits an offence if the
liquidator—
(a) receives a motor accident claim about a CTP policy issued by the
insolvent insurer; and
(b) does not give the motor accident claim to the nominal
defendant.
Maximum penalty: 20 penalty units.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
235 Offence—liquidator
to give information etc to nominal defendant
(1) The liquidator of an insolvent insurer commits an offence
if—
(a) the nominal defendant asks the liquidator in writing to give the
nominal defendant all documents, or information, in the liquidator’s
possession relating to CTP policies issued by the insolvent insurer, or
motor accident claims, or judgments, made in relation to the CTP policies;
and
(b) the liquidator does not give the documents or information to the
nominal defendant within 45 days after the day the nominal defendant asks for
them.
Maximum penalty: 20 penalty units.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
(2) Subsection (1) does not apply to a liquidator if—
(a) before the end of the 45-day period, the liquidator—
(i) tells the nominal defendant in writing that it is not reasonably
practicable to give the nominal defendant the documents or information within
the period; and
(ii) explains why it is not reasonably practicable; and
(b) the nominal defendant extends the time for providing the documents or
information; and
(c) the liquidator provides the documents or information to the nominal
defendant within the extended time.
(3) A regulation may prescribe other circumstances when
subsection (1) does not apply to a liquidator.
236 Offence—liquidator
to allow inspection of documents
(1) The liquidator of an insolvent insurer commits an offence
if—
(a) a person authorised by the Minister asks the liquidator to make
available for inspection by the person all documents in the liquidator’s
possession relating to—
(i) CTP policies issued by the insolvent insurer; or
(ii) motor accident claims or judgments made in relation to the
CTP policies; and
(b) the liquidator does not make the documents available to the person
within 45 days after the day the person asks for them.
Maximum penalty: 20 penalty units.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
(2) Subsection (1) does not apply to a liquidator if—
(a) before the end of the 45-day period, the liquidator—
(i) in writing, tells the person authorised that it is not reasonably
practicable to give the person the documents within the period; and
(ii) explains why it is not reasonably practicable; and
(b) the person extends the time for providing the documents; and
(c) the liquidator makes the documents available to the person within the
extended time.
(3) A regulation may prescribe other circumstances when
subsection (1) does not apply to a liquidator.
237 Borrowing
for nominal defendant fund
The nominal defendant may borrow the amounts that the nominal defendant
considers necessary to satisfy motor accident claims and judgments for
CTP policies issued by an insolvent insurer if the nominal defendant would
not otherwise be able to satisfy the claims and judgments from the nominal
defendant fund.
238 Nominal
defendant may intervene in legal proceeding
(1) This section applies if—
(a) the liquidator of an insolvent insurer applies to a court for
directions for a matter arising under the winding-up; or
(b) the exercise, by the liquidator of an insolvent insurer, of any of the
liquidator’s functions, whether under this part or not, is challenged,
reviewed or called into question in a proceeding before a court; or
(c) another matter that may affect the operation of this part is raised in
a proceeding before a court.
(2) The nominal defendant may intervene at any stage of the
proceeding.
(3) If the nominal defendant intervenes, the nominal defendant becomes a
party to the proceeding and has all the rights of a party to the proceeding
including the right to appeal against any order, judgment or direction of the
court.
(4) The nominal defendant is entitled to be paid, out of the nominal
defendant fund, all the costs and expenses incurred by the nominal defendant in
exercising a function under this section.
239 Nominal
defendant may take legal proceeding
(1) This section applies to a proceeding if—
(a) the nominal defendant may take the proceeding for a person who is
entitled (or who would be entitled but for the dissolution of the insolvent
insurer), under a CTP policy issued by an insolvent insurer, to be
indemnified against a motor accident claim or judgment arising from or relating
to the CTP policy; and
(b) the proceeding is for, or for enforcing or securing compliance with,
any provision under this part or another Act.
(2) The nominal defendant is taken to represent sufficiently the interests
of the public and may take the proceeding in its own name.
(3) The nominal defendant is entitled to be paid, out of the nominal
defendant fund, all the costs and expenses incurred by the nominal defendant in
exercising the nominal defendant’s functions under this
section.
Part
5.1 Enforcement—general
In this chapter:
authorised person—see the Road Transport (General)
Act 1999, dictionary.
connected—a thing is connected with an
offence if—
(a) the offence has been committed in relation to it; or
(b) it will provide evidence of the commission of the offence;
or
(c) it was used, is being used, or is intended to be used, to commit the
offence.
occupier, of premises, includes—
(a) a person believed on reasonable grounds to be an occupier of the
premises; and
(b) a person apparently in charge of the premises.
offence includes an offence that there are reasonable grounds
for believing has been, is being, or will be, committed.
Part
5.2 Powers of authorised
people
241 Power
to enter premises
(1) For this Act, an authorised person may—
(a) at any reasonable time, enter premises that the public is entitled to
use or that are open to the public (whether or not on payment of money);
or
(b) at any time, enter premises with the occupier’s consent;
or
(c) enter premises in accordance with a search warrant.
Note Authorised people are appointed under the Road Transport
(General) Act 1999, s 19.
(2) However, subsection (1) (a) does not authorise entry into a
part of premises that is being used only for residential purposes.
(3) An authorised person may, without the consent of the occupier of
premises, enter land around the premises to ask for consent to enter the
premises.
(4) To remove any doubt, an authorised person may enter premises under
subsection (1) without payment of an entry fee or other charge.
(5) In this section:
at any reasonable time includes at any time when the public
is entitled to use the premises, or when the premises are open to or used by the
public (whether or not on payment).
242 Production
of identity card
An authorised person must not remain at premises entered under this chapter
if the authorised person does not produce his or her identity card when asked by
the occupier.
Note Identity cards for authorised people are provided for in the
Road Transport (General) Act 1999, s 20.
(1) When seeking the consent of an occupier of premises to enter premises
under section 241 (1) (b), an authorised person
must—
(a) produce his or her identity card; and
(b) tell the occupier—
(i) the purpose of the entry; and
(ii) that anything found and seized under this chapter may be used in
evidence in court; and
(iii) that consent may be refused.
(2) If the occupier consents, the authorised person must ask the occupier
to sign a written acknowledgment (an acknowledgement of
consent)—
(a) that the occupier was told—
(i) the purpose of the entry; and
(ii) that anything found and seized under this chapter may be used in
evidence in court; and
(iii) that consent may be refused; and
(b) that the occupier consented to the entry; and
(c) stating the time and date when consent was given.
(3) If the occupier signs an acknowledgment of consent, the authorised
person must immediately give a copy to the occupier.
(4) A court must find that the occupier did not consent to entry to the
premises by the authorised person under this chapter if—
(a) the question arises in a proceeding in the court whether the occupier
consented to the entry; and
(b) an acknowledgment of consent is not produced in evidence;
and
(c) it is not proved that the occupier consented to the entry.
244 General
powers on entry to premises
(1) An authorised person who enters premises under this chapter may, for
this Act, do 1 or more of the following in relation to the premises or anything
on the premises:
(a) inspect or examine;
(b) take measurements or conduct tests;
(c) take samples;
(d) take photographs, films, or audio, video or other
recordings;
(e) require the occupier, or anyone at the premises, to give the
authorised person reasonable help to exercise a power under this
chapter.
Note The Legislation Act, s 170 and s 171 deal with the application
of the privilege against self incrimination and client legal
privilege.
(2) A person must take all reasonable steps to comply with a requirement
made of the person under subsection (1) (e).
Maximum penalty: 50 penalty units.
Note Penalties imposed under this Act must be paid into the nominal
defendant fund (see s 66).
245 Power
to seize things
(1) An authorised person who enters premises under this chapter with the
occupier’s consent may seize anything at the premises if—
(a) the authorised person is satisfied on reasonable grounds that the
thing is connected with an offence against this Act; and
(b) seizure of the thing is consistent with the purpose of the entry told
to the occupier when seeking the occupier’s consent.
(2) An authorised person who enters premises under a warrant under this
chapter may seize anything at the premises that the authorised person is
authorised to seize under the warrant.
(3) An authorised person who enters premises under this chapter (whether
with the occupier’s consent, under a warrant or otherwise) may seize
anything at the premises if satisfied on reasonable grounds
that—
(a) the thing is connected with an offence against this Act; and
(b) the seizure is necessary to prevent the thing from
being—
(i) concealed, lost or destroyed; or
(ii) used to commit, continue or repeat the offence.
(4) The powers of an authorised person under subsection (3) are
additional to any powers of the authorised person under subsection (1) or
subsection (2) or any other territory law.
(5) Having seized a thing, an authorised person may remove the thing from
the premises where it was seized (the place of seizure) to another
place.
(1) An authorised person may apply to a magistrate for a warrant to enter
premises.
(2) The application must be sworn and state the grounds on which the
warrant is sought.
(3) The magistrate may refuse to consider the application until the
authorised person gives the magistrate all the information the magistrate
requires about the application in the way the magistrate requires.
(4) The magistrate may issue a warrant only if satisfied there are
reasonable grounds for suspecting—
(a) there is a particular thing or activity connected with an offence
against this Act; and
(b) the thing or activity—
(i) is, or is being engaged in, at the premises; or
(ii) may be, or may be engaged in, at the premises within the next
7 days.
(5) The warrant must state—
(a) that an authorised person may, with any necessary assistance and
force, enter the premises and exercise the authorised person’s powers
under this chapter; and
(b) the offence for which the warrant is issued; and
(c) the things that may be seized under the warrant; and
(d) the hours when the premises may be entered; and
(e) the date, within 7 days after the day of the warrant’s
issue, the warrant ends.
247 Warrants—application
made other than in person
(1) An authorised person may apply for a warrant by phone, fax, radio or
other form of communication if the authorised person considers it necessary
because of—
(a) urgent circumstances; or
(b) other special circumstances.
(2) Before applying for the warrant, the authorised person must prepare an
application stating the grounds on which the warrant is sought.
(3) The authorised person may apply for the warrant before the application
is sworn.
(4) After issuing the warrant, the magistrate must immediately fax a copy
to the authorised person if it is practicable to do so.
(5) If it is not practicable to fax a copy to the authorised
person—
(a) the magistrate must tell the authorised person—
(i) the terms of the warrant; and
(ii) the date and time the warrant was issued; and
(b) the authorised person must complete a form of warrant (the
warrant form) and write on it—
(i) the magistrate’s name; and
(ii) the date and time the magistrate issued the warrant; and
(iii) the warrant’s terms.
(6) The faxed copy of the warrant, or the warrant form properly completed
by the authorised person, authorises the entry and the exercise of the
authorised person’s powers under this chapter.
(7) The authorised person must, at the first reasonable opportunity, send
to the magistrate—
(a) the sworn application; and
(b) if the authorised person completed a warrant form—the completed
warrant form.
(8) On receiving the documents, the magistrate must attach them to the
warrant.
(9) A court must find that a power exercised by the authorised person was
not authorised by a warrant under this section if—
(a) the question arises in a proceeding in the court whether the exercise
of power was authorised by a warrant; and
(b) the warrant is not produced in evidence; and
(c) it is not proved that the exercise of power was authorised by a
warrant under this section.
248 Search
warrants—announcement before entry
(1) An authorised person must, before anyone enters premises under a
search warrant—
(a) announce that the authorised person is authorised to enter the
premises; and
(b) give anyone at the premises an opportunity to allow entry to the
premises; and
(c) if the occupier of the premises, or someone else who apparently
represents the occupier, is present at the premises—identify himself or
herself to the person.
(2) The authorised person is not required to comply with
subsection (1) if the authorised person believes on reasonable grounds that
immediate entry to the premises is required to ensure—
(a) the safety of anyone (including the authorised person or any person
assisting); or
(b) that the effective execution of the warrant is not
frustrated.
249 Details
of search warrant to be given to occupier etc
If the occupier of premises, or someone else who apparently represents the
occupier, is present at the premises while a search warrant is being executed,
the authorised person or a person assisting must make available to the
person—
(a) a copy of the warrant; and
(b) a document setting out the rights and obligations of the
person.
250 Occupier
entitled to be present during search etc
(1) If the occupier of premises, or someone else who apparently represents
the occupier, is present at the premises while a search warrant is being
executed, the person is entitled to observe the search being
conducted.
(2) However, the person is not entitled to observe the search
if—
(a) to do so would impede the search; or
(b) the person is under arrest, and allowing the person to observe the
search being conducted would interfere with the objectives of the
search.
(3) This section does not prevent 2 or more areas of the premises being
searched at the same time.
Part
5.4 Return and forfeiture of things
seized
251 Receipt
for things seized
(1) As soon as practicable after an authorised person seizes a thing under
this chapter, the authorised person must give a receipt for it to the person
from whom it was seized.
(2) If, for any reason, it is not practicable to comply with
subsection (1), the authorised person must leave the receipt, secured
conspicuously, at the place of seizure under section 245 (Power to seize
things).
(3) A receipt under this section must include the following:
(a) a description of the thing seized;
(b) an explanation of why the thing was seized;
(c) the authorised person’s name, and how to contact the authorised
person;
(d) if the thing is moved from the premises where it is seized—where
the thing is to be taken.
252 Moving
things to another place for examination or processing under search
warrant
(1) A thing found at premises entered under a search warrant may be moved
to another place for examination or processing to decide whether it may be
seized under the warrant if—
(a) both of the following apply:
(i) there are reasonable grounds for believing that the thing is or
contains something to which the warrant relates;
(ii) it is significantly more practicable to do so having regard to the
timeliness and cost of examining or processing the thing at another place and
the availability of expert assistance; or
(b) the occupier of the premises agrees in writing.
(2) The thing may be moved to another place for examination or processing
for not longer than 72 hours.
(3) An authorised person may apply to a magistrate for an extension of
time if the authorised person believes on reasonable grounds that the thing
cannot be examined or processed within 72 hours.
(4) The authorised person must give notice of the application to the
occupier of the premises, and the occupier is entitled to be heard on the
application.
(5) If a thing is moved to another place under this section, the
authorised person must, if practicable—
(a) tell the occupier of the premises the address of the place where, and
time when, the examination or processing will be carried out; and
(b) allow the occupier or the occupier’s representative to be
present during the examination or processing.
(6) The provisions of this chapter relating to the issue of search
warrants apply, with any necessary changes, to the giving of an extension under
this section.
253 Access
to things seized
A person who would, apart from the seizure, be entitled to inspect a thing
seized under this chapter may—
(a) inspect it; and
(b) if it is a document—take extracts from it or make copies of
it.
254 Return
of things seized
A thing seized under this chapter must be returned to its owner, or
reasonable compensation must be paid by the Territory to the owner for the loss
of the thing, if—
(a) an infringement notice for an offence relating to the thing is not
served on the owner within 1 year after the day of the seizure
and—
(i) a prosecution for an offence relating to the thing is not started
within the 1-year period; or
(ii) a prosecution for an offence relating to the thing is started within
the 1-year period but the court does not find the offence proved; or
(b) an infringement notice for an offence relating to the thing is served
on the owner within 1 year after the day of the seizure, the infringement notice
is withdrawn and—
(i) a prosecution for an offence relating to the thing is not started
within the 1-year period; or
(ii) a prosecution for an offence relating to the thing is started within
the 1-year period but the court does not find the offence proved; or
(c) an infringement notice for an offence relating to the thing is served
on the owner and not withdrawn within 1 year after the day of the seizure,
liability for the offence is disputed in accordance with the Magistrates
Court Act 1930, section 132 (Disputing liability for infringement
notice offence) and—
(i) an information is not laid in the Magistrates Court against the person
for the offence within 60 days after the day notice is given under
section 132 that liability is disputed; or
(ii) an information is laid in the Magistrates Court against the person
for the offence within the 60-day period, but the Magistrates Court does not
find the offence proved; or
(d) before the thing is forfeited to the Territory under section 255,
the chief executive—
(i) becomes satisfied that there has been no offence against this Act with
which the thing was connected; or
(ii) decides not to prosecute or serve an infringement notice for the
offence.
255 Forfeiture
of seized things
(1) This section applies if—
(a) anything seized under this chapter has not been returned under
section 254; and
(b) an application for disallowance of the seizure under
section 256—
(i) has not been made within 10 days after the day of the
seizure; or
(ii) has been made within the 10-day period, but the application has been
refused or withdrawn before a decision in relation to the application had been
made.
(2) If this section applies to the seized thing—
(a) it is forfeited to the Territory; and
(b) it may be sold, destroyed or otherwise disposed of as the chief
executive directs.
256 Application
for order disallowing seizure
(1) A person claiming to be entitled to anything seized under this chapter
may apply to the Magistrates Court within 10 days after the day of the
seizure for an order disallowing the seizure.
(2) The application may be heard only if the applicant has served a copy
of the application on the chief executive.
(3) The chief executive is entitled to appear as respondent at the hearing
of the application.
257 Order
for return of seized thing
(1) This section applies if a person claiming to be entitled to anything
seized under this chapter applies to the Magistrates Court under
section 256 for an order disallowing the seizure.
(2) The Magistrates Court must make an order disallowing the seizure if
satisfied that—
(a) the applicant would, apart from the seizure, be entitled to the return
of the seized thing; and
(b) the thing is not connected with an offence against this Act;
and
(c) possession of the thing by the person would not be an
offence.
(3) The Magistrates Court may also make an order disallowing the seizure
if satisfied there are exceptional circumstances justifying the making of the
order.
(4) If the Magistrates Court makes an order disallowing the seizure, the
court may make 1 or more of the following ancillary orders:
(a) an order directing the chief executive to return the thing to the
applicant or to someone else who appears to be entitled to it;
(b) if the thing cannot be returned or has depreciated in value because of
the seizure—an order directing the Territory to pay reasonable
compensation;
(c) an order about the payment of costs in relation to the
application.
Part
5.5 Enforcement—miscellaneous
258 Damage
etc to be minimised
(1) In the exercise, or purported exercise, of a function under this
chapter, an authorised person must take all reasonable steps to ensure that the
authorised person, and any person assisting the authorised person, causes as
little inconvenience, detriment and damage as practicable.
(2) If an authorised person, or a person assisting an authorised person,
damages anything in the exercise or purported exercise of a function under this
chapter, the authorised person must give written notice of the particulars of
the damage to the person the authorised person believes on reasonable grounds is
the owner of the thing.
(3) If the damage happens at premises entered under this chapter in the
absence of the occupier, the notice may be given by leaving it, secured
conspicuously, at the premises.
259 Compensation
for exercise of enforcement powers
(1) A person may claim compensation from the Territory if the person
suffers loss or expense because of the exercise, or purported exercise, of a
function under this chapter by an authorised person or a person assisting an
authorised person.
(2) Compensation may be claimed and ordered in a proceeding
for—
(a) compensation; or
(b) an offence against this Act brought against the person making the
claim for compensation.
(3) A court may order the payment of reasonable compensation for the loss
or expense only if satisfied that it is just to make the order in the
circumstances of the particular case.
(4) A regulation may prescribe matters that may, must or must not be taken
into account by the court in considering whether it is just to make the
order.
Chapter
6 Information collection and
secrecy
260 Information
to be provided by licensed insurers
(1) A licensed insurer must give the CTP regulator—
(a) periodic returns, as prescribed by
regulation, containing the information prescribed by regulation; and
(b) information about claims against the
insurer that is prescribed by regulation, or that the CTP regulator
requires by written notice to the insurer; and
(c) other information that is
relevant to the administration of this Act that
is prescribed by regulation, or that the CTP regulator requires by written
notice to the insurer.
Example
An insurer may be required to provide—
(a) details of motor vehicle accident claims against the insurer, and the
dates when notice of the claims were received by the insurer; and
(b) information about the claimants; and
(c) information about whether liability was admitted by the insurer, when
liability was admitted or denied and, if liability was admitted, the extent to
which liability was admitted; and
(d) information about the rehabilitation services made available to the
claimant and the extent to which the rehabilitation services were used by the
claimant; and
(e) information about the costs of the insurer on claims, and how the costs
are made up.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) The information must be provided by
means of systems for the processing and transmission of information that the
CTP regulator requires by written notice to the insurer.
Note If a form is approved under s 266 for the provision of
information under this section, the form must be used.
(3) A person commits an offence if the person—
(a) is a licensed insurer; and
(b) must give the CTP regulator a periodic return or information
under this section; and
(c) does not give the periodic return or information as required under
this section.
Maximum penalty: 150 penalty units.
(4) If a court convicts a licensed insurer of an offence against this
section, the court may, by order, cancel the insurer’s licence.
(1) The CTP regulator must keep a register of compulsory third-party
insurance motor accident claims (the CTP claims
register).
(2) The CTP claims register must contain information provided under
this Act by insurers that the CTP regulator considers appropriate for
inclusion in the CTP claims register.
(3) The information contained in the CTP claims register must be
accessible to licensed insurers and others to the extent that the
CTP regulator decides.
(4) However, information that would, if it became generally known, affect
an insurer’s competitive position must not be disclosed in a form that
would allow the insurer to be identified.
(1) In this section:
court includes a tribunal, authority or person having power
to require the production of documents or the answering of questions.
divulge includes communicate.
person to whom this section applies means a person
who—
(a) is or has been—
(i) a member of the CTP premium board; or
(ii) a licensed insurer; or
(iii) an actuary engaged by the CTP regulator for this Act; or
(b) exercises, or has exercised, a function under this Act.
produce includes allow access to.
protected information means information about a person that
is disclosed to, or obtained by, a person to whom this section applies because
of the exercise of a function under this Act by the person or someone
else.
(2) A person to whom this section applies commits an offence
if—
(a) the person—
(i) makes a record of protected information about someone else;
and
(ii) is reckless about whether the information is protected information
about someone else; or
(b) the person—
(i) does something that divulges protected information about someone else;
and
(ii) is reckless about whether—
(A) the information is protected information about someone else;
and
(B) doing the thing would result in the information being divulged to
someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) Subsection (2) does not apply if the record is made, or the
information is divulged—
(a) under this Act or another territory law; or
(b) in relation to the exercise of a function, as a person to whom this
section applies, under this Act or another territory law; or
(c) under the insurance industry deed; or
(d) in a court proceeding.
(4) Subsection (2) does not apply to the divulging of protected
information about someone with the person’s consent.
(5) Subsection (2) does not apply to the divulging of protected
information by an insurer only to another insurer.
263 Application
to Territory and Commonwealth motor vehicles
(1) A requirement under this Act for a CTP policy does not apply in
relation to a motor vehicle owned by the Territory, the Commonwealth or a
territory or commonwealth authority.
(2) However, the Territory, the Commonwealth or a territory or
commonwealth authority is, for a motor vehicle for which a CTP policy is
not in force, under the same liabilities, and has the same rights, as a licensed
insurer would be under, or have, if the insurer had issued a CTP policy for
the vehicle.
(3) In this section:
commonwealth authority means a body, whether or not
incorporated, established under a Commonwealth Act.
(1) The Australian Capital Territory Compulsory Third-Party Insurance
Regulator (the CTP regulator) is established.
(2) The chief executive is the CTP regulator.
(3) Anything done in the name of, or for, the CTP regulator by the
chief executive in exercising a function of the CTP regulator is taken to
have been done for, and binds, the Territory.
265 Delegation
of CTP regulator’s functions
The CTP regulator may delegate the CTP regulator’s
functions under the road transport legislation to a public employee.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
(1) The chief executive may approve forms for this Act.
(2) If the chief executive approves a form for a particular purpose, the
approved form must be used for that purpose.
Note For other provisions about forms, see the Legislation Act, s
255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
267 Regulation-making
power
(1) The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
(2) A regulation may deal with the following:
(a) third-party insurance in relation to trader’s plates;
(b) third-party insurance in relation to unregistered vehicle
permits;
(c) the CTP premium board.
Note The CTP premium board is
established in s 47.
(3) A regulation may create offences and fix maximum penalties of not more
than 20 penalty units for the offences.
Note 1 Penalties imposed under this Act must be paid into the
nominal defendant fund (see s 66).
Note 2 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(4) In this section:
trader’s plate—see the Road Transport (Vehicle
Registration) Act 1999, dictionary.
unregistered vehicle permit—see the Road Transport
(Vehicle Registration) Act 1999, dictionary.
268 Legislation
amended—sch 1
This Act amends the legislation mentioned in schedule 1.
The Road Transport (Third-party Insurance) Regulation 2000
(SL2000-6) is repealed.
In this chapter:
commencement day means the day this Act, section 5
commences.
former CTP provisions means the Road Transport (General)
Act 1999, part 10 (Compulsory vehicle insurance).
former nominal defendant means the nominal defendant under
the former CTP provisions.
third-party policy means an insurance policy issued under the
former CTP provisions.
271 Transitional—personal
injury claims
(1) This section applies to a third-party policy that was in force
immediately before the commencement day.
(2) The third-party policy continues in force until the earlier of the
following:
(a) the policy is replaced by a CTP insurance policy;
(b) 15 days after the day the registration period to which the policy
relates ends.
(3) If personal injury arises out of a motor vehicle accident that
happened before the commencement day, a claim for the personal injury must be
dealt with as if this Act had not been enacted.
(4) To remove any doubt, if personal injury arises out of a motor vehicle
accident that happens on or after the commencement day, a claim for the personal
injury must be dealt with under this Act, even if the accident happens while a
third-party policy under the former CTP provisions is in force in relation to
the risk.
272 Transitional—nominal
defendant
The nominal defendant succeeds to the rights and liabilities of the former
nominal defendant for personal injury arising out of a motor vehicle accident
that happened before the commencement day.
273 Transitional—premiums
(1) This section applies if—
(a) on the commencement day, there is no CTP premium; and
(b) before a CTP premium is approved, a licensed insurer issues a CTP
policy.
Note CTP premium means a premium approved under pt 2.6 (see s
37).
(2) The Road Transport (General) Act 1999, section 214 (as in force
immediately before the commencement day) applies in relation to the CTP premium
as if this Act had not been enacted.
274 Transitional—authorised
insurers
(1) Each authorised insurer is, on the commencement day, taken to be a
licensed insurer.
(2) The authorised insurer’s licence expires when its authorisation
would have expired if this Act had not been enacted.
(3) In this section:
authorised insurer means an insurer that, immediately before
the commencement day, was an authorised insurer under the former CTP
provisions.
(1) For section 260, claims against the insurer includes claims
arising before the commencement of this Act.
(2) This section expires 3 years after the commencement day.
276 Transitional
regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of this Act.
(2) A regulation may modify this chapter to make provision in relation to
anything that, in the Executive’s opinion, is not, or is not adequately or
appropriately, dealt with in this chapter.
(3) A regulation under subsection (2) has effect despite anything
elsewhere in this Act.
This chapter (other than section 275) expires 1 year after the commencement
day.
Schedule
1 Consequential
amendments
(see s 268)
Part
1.1 Civil Law (Wrongs) Act
2002
[1.1] Section
5 (2), example
substitute
Example—scheme of compulsory
third-party motor vehicle insurance
the scheme under the Road Transport (Third-Party Insurance) Act
2007
substitute
(3) The rights given by this part for the benefit of estates of dead
people, and the obligations under this part against estates of dead people, are
additional to, and do not limit, rights or obligations under the Road
Transport (Third-Party Insurance) Act 2007.
substitute
(3) This section applies despite the Road Transport (Third-Party
Insurance) Act 2007, section 25 (CTP insurer to indemnify insured
people).
substitute
(1) This chapter applies to all claims for damages for personal injury,
including claims to which the Road Transport (Third-Party Insurance) Act
2007, chapter 3 (Motor Accident Claims) applies.
substitute
(a) the Road Transport (Third-Party Insurance) Act 2007,
chapter 3 applies to the claim; or
substitute
(1) This chapter applies to all claims for damages for personal injury,
including claims to which the Road Transport (Third-Party Insurance) Act
2007, chapter 3 (Motor Accident Claims) applies.
substitute
(1) This part applies to all claims for damages for personal injury,
including claims to which the Road Transport (Third-Party Insurance) Act
2007, chapter 3 (Motor Accident Claims) applies.
[1.8] Section
107B (4) (b)
substitute
(b) a claim to which the Road Transport (Third-Party Insurance) Act
2007, chapter 3 (Motor Accident Claims) applies;
[1.9] Section
108 (3) (a)
substitute
(a) a claim to which the Road Transport (Third-Party Insurance) Act
2007, chapter 3 (Motor Accident Claims) applies; or
omit
Road Transport (General) Act 1999, part 10 (Compulsory
vehicle insurance)
substitute
Road Transport (Third-Party Insurance) Act 2007
Part
1.2 Road Transport (Alcohol and Drugs)
Act 1977
[1.11] Section
1, note 2, new dot point
after 4th dot point, insert
• Road Transport (Third-Party Insurance) Act 2007
Part
1.3 Road Transport (Dimensions and
Mass) Act 1990
[1.12] Section
1, note 2, new dot point
after 4th dot point, insert
• Road Transport (Third-Party Insurance) Act 2007
Part
1.4 Road Transport (Driver Licensing)
Act 1999
[1.13] Section
1, note 2, new dot point
after 4th dot point, insert
• Road Transport (Third-Party Insurance) Act 2007
Part
1.5 Road Transport (General) Act
1999
[1.14] Section
1, note 2, new dot point
after 5th dot point, insert
• Road Transport (Third-Party Insurance) Act 2007
[1.15] New
section 6 (fa)
insert
(fa) the Road Transport (Third-Party Insurance) Act 2007;
after
road transport authority
insert
or the CTP regulator
[1.17] Section
72 (1) (c)
substitute
(c) a matter that appears in, or can be worked out from, the
CTP insurer licence register kept under the Road Transport (Third-Party
Insurance) Act 2007;
(d) a matter that appears in or can be worked out from any other record
kept by the authority under the road transport legislation.
after
road transport authority
insert
or the CTP regulator
[1.19] Section
90 (1) (a)
substitute
(a) made by the Minister, the road transport authority, the
CTP regulator or the chief police officer under the road transport
legislation; and
[1.20] New
section 96 (5)
insert
(5) In this section:
Minister means the Minister for the time being administering
the provision of the road transport legislation for which the fee, charge or
other amount is determined.
omit
[1.22] Dictionary
definitions of accident, accredited operator, authorised
insurer, certificate of insurance, claim, commonwealth authority,
hospital treatment, insured motor vehicle,
insured person, issue, licensed insurer, ,
medical and surgical treatment, motor accident, nominal
defendant, owner, public vehicle,
public vehicle policy, registration,
third-party policy, unidentified motor vehicle and
uninsured motor vehicle
omit
Part
1.6 Road Transport (General)
Regulation 2000
substitute
11 Reviewable decisions
For the Act, section 90 (1) (b) (Application of pt 7 etc),
the decisions mentioned in schedule 1 are reviewable decisions.
[1.24] New
section 16 (1) (ca)
insert
(ca) a fee, charge or other amount payable in relation to the issue of a
compulsory third-party policy under the Road Transport (Third-Party
Insurance) Act 2007;
[1.25] Section
17 (1) (c)
substitute
(c) for a fee, charge or other amount mentioned in
section 16 (1) (c), (ca) or (d)—the vehicle registration;
or
[1.26] Schedule 1,
part 1.5
omit
[1.27] Schedule
1, new part 1.9A
insert
Part 1.9A Road Transport (Third-Party
Insurance) Act 2007
column
1
item
|
column
2
provision
|
column
3
decision
|
1
|
45
|
arbitrator—refuse to approve premium
|
2
|
177 (1)
|
CTP regulator—refuse to issue CTP insurer licence
|
3
|
178 (2) (b)
|
CTP regulator—decide to issue CTP insurer licence subject to
condition
|
4
|
178 (4)
|
CTP regulator—amend CTP insurer licence by including condition or,
amending or revoking condition
|
5
|
187
|
CTP regulator—suspend CTP insurer licence
|
6
|
188
|
CTP regulator—suspend CTP insurer licence
|
7
|
191 (2) (a)
|
CTP regulator—impose civil penalty on CTP insurer
|
8
|
194 (1)
|
CTP regulator—cancel CTP insurer licence
|
9
|
198
|
CTP regulator—not transfer CTP insurer licence
|
Part
1.7 Road Transport (Offences)
Regulation 2005
omit
[1.29] Schedule
1, part 1.7, items 16 to 35
omit
[1.30] Schedule
1, part 1.9
omit
[1.31] Schedule
1, new part 1.13A
insert
Part 1.13A Road Transport (Third-Party
Insurance) Act 2007
column 1
item
|
column 2
offence provision and, if relevant,
case
|
column 3
short description
|
column 4
offence penalty (pu)
|
column 5
infringement penalty
($)
|
column 6
demerit points
|
1
|
17 (1)
|
use uninsured motor vehicle
|
50
|
484
|
|
Part
1.8 Road Transport (Public Passenger
Services) Act 2001
[1.32] New
section 126 (3A)
insert
(3A) A regulation may make provision in relation to insurance against
liability for damage to property caused by, or arising out of the use of, a
public passenger vehicle.
Part
1.9 Road Transport (Safety and Traffic
Management) Act 1999
[1.33] Section
1, note 2, new dot point
after 4th dot point, insert
• Road Transport (Third-Party Insurance) Act 2007
Part
1.10 Road Transport (Vehicle
Registration) Act 1999
[1.34] Section
1, note 2, new dot point
after last dot point, insert
• Road Transport (Third-Party Insurance) Act 2007
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• corporation
• Corporations Act
• financial year
• person
• State
• under.
Note 3 If a word or expression is defined in an Act (but not a
regulation or another publication) included in the road transport legislation,
the definition applies to each use of the word or expression in other road
transport legislation unless the contrary intention appears (see Road
Transport (General) Act 1999, s 8).
appointed auditor, for part 4.6 (Supervision of licensed
insurers)—see section 215.
APRA means the Australian Prudential Regulation Authority
established under the Australian Prudential Regulation Authority Act 1998
(Cwlth), section 7.
ASIC means the Australian Securities and Investments
Commission under the Australian Securities and Investments Commission
Act 2001 (Cwlth).
assessment of damages notice, for division 3.6.3
(Rehabilitation services)—see section 122.
authorised person, for chapter 5 (Enforcement)—see
section 240.
business plan—see section 202.
business plan guidelines—see
section 207.
civil penalty and censure committee, for part 4.3 (Suspension
of CTP insurer licence)—see section 191.
claimant, for a motor accident claim—see
section 70.
compliance notice, for part 3.10 (Judgment for noncompliance
with time limits)—see section 152.
complying notice of claim, for chapter 3 (Motor accident
claims)—see section 68.
compulsory conference, for chapter 3 (Motor accident
claims)—see section 130.
compulsory third-party policy—see
section 18.
connected, for chapter 5 (Enforcement)—see section
240.
contribution notice, for chapter 3 (Motor accident
claims)—see section 85.
contributor, for a motor accident claim, for chapter 3 (Motor
accident claims)—see section 85.
costs, for part 3.11 (CTP insurer and nominal defendant
may recover costs incurred)—see section 158.
court, for a motor accident claim, for chapter 3 (Motor
accident claims)—see section 68.
credit card includes a debit card.
CTP claims register—see section 261.
CTP insurance business, for a licensed insurer—see
section 11.
CTP insured person—see section 16.
CTP insurer—see section 23.
CTP insurer licence—see
section 171.
CTP policy—see section 18.
CTP policy issued by an insolvent insurer, for part 4.7
(Insolvent insurers)—see section 229.
CTP premium, for a CTP policy—see
section 37.
CTP premium board—see section 47.
CTP premium guidelines—see
section 39.
CTP regulator—see section 264.
drive a vehicle includes—
(a) be in control of the steering, movement or propulsion of the vehicle;
and
(b) if the vehicle is a trailer—draw or tow the vehicle;
and
(c) if the vehicle can be ridden—ride the vehicle.
driver, of a vehicle, means the person who is driving the
vehicle.
enforcing party, for part 3.10 (Judgment for noncompliance
with time limits)—see section 152.
former licensed insurer, for chapter 4 (Licensing of
insurers)—see section 172.
injured person—see section 7.
insolvent insurer, for part 4.7 (Insolvent
insurers)—see section 229.
insolvent insurer declaration, for part 4.7 (Insolvent
insurers)—see section 231.
insurance industry deed—see section 9.
insured motor vehicle—see section 15.
insured person, for a motor accident claim—see
section 72.
insurer, for chapter 3 (Motor accident claims)—see
section 73.
issue, of a CTP policy, includes the issue of a renewal
of the policy.
late party, for part 3.10 (Judgment for noncompliance with
time limits)—see section 152.
later respondent, for a motor accident claim, for chapter 3
(Motor accident claims)—see section 83.
licensed insurer—see section 172.
liquidator, for part 4.7 (Insolvent insurers)—see
section 229.
mandatory final notice—see section 135.
mandatory final offer, for chapter 3 (Motor accident
claims)—see section 135.
market share, of a licensed insurer, for part 4.6
(Supervision of licensed insurers)—see section 207.
medical and rehabilitation guidelines—see
section 129.
medical expenses, for chapter 3 (Motor accident
claims)—see section 114.
medical treatment, for chapter 3 (Motor accident
claims)—see section 68.
motor accident—see section 7.
motor accident claim, for a motor accident—see
section 69.
motor vehicle—see the Road Transport (General) Act
1999, dictionary.
Note The Road Transport (General) Act 1999, dict,
defines motor vehicle as a vehicle built to be propelled by a
motor that forms part of the vehicle.
nominal defendant—see section 59.
nominal defendant fund—see section 66.
notice of claim, for a motor accident claim, for chapter 3
(Motor accident claims)—see section 76.
occupier, for chapter 5 (Enforcement)—see section
240.
offence, for chapter 5 (Enforcement)—see section
240.
owner—
(a) of a registered motor vehicle—see section 12; or
(b) of an unregistered motor vehicle—see section 13.
party, for a motor accident claim, for chapter 3 (Motor
accident claims)—see section 68.
personal injury—see section 6.
possession, of a motor vehicle—see
section 14.
provided rehabilitation
services, for division 3.6.3 (Rehabilitation
services)—see
section 119.
registered motor vehicle—see section 30.
registered operator—see the Road Transport (Vehicle
Registration) Act 1999, dictionary.
rehabilitation, for chapter 3 (Motor accident
claims)—see section 117.
rehabilitation
services—see section 118.
related body corporate—see the Corporations Act,
section 9 (Dictionary).
relevant claim information, for part 3.3 (Obligations on
parties to give documents and information)—see section 95.
relevant notice claim, for part 3.10 (Judgment for
noncompliance with time limits)—see section 153.
required document, for part 3.3 (Obligations on parties to
give documents and information)—see section 94.
required thing, for part 3.10 (Judgment for noncompliance
with time limits)—see section 151.
respondent, for a motor accident claim, for chapter 3 (Motor
accident claims)—see section 71.
respondents’ claim manager, for a motor accident claim,
for chapter 3 (Motor accident claims)—see section 84.
response, for a motor accident claim, for chapter 3 (Motor
accident claims)—see section 82.
ride, for the rider of a motorbike or an animal-drawn
vehicle, includes be in control of the vehicle.
rider, of a vehicle that can be ridden, means the person who
is riding the vehicle.
road means an area that is open to or used by the
public and is developed for, or has as 1 of its main uses, the driving or riding
of motor vehicles, but does not include an area that would otherwise be a road
so far as a declaration under the Road Transport (General) Act 1999,
section 12 (Power to include or exclude areas in road transport
legislation) declares that this Act does not apply to the area.
road related area—
(a) means—
(i) an area that divides a road; or
(ii) a footpath or nature strip adjacent to a road; or
(iii) an area that is open to the public and is designated for use by
cyclists or animals; or
(iv) an area that is not a road and that is open to or used by the public
for driving, riding or parking vehicles; or
(v) a shoulder of a road; or
(vi) any other area that is open to or used by the public so far as a
declaration under the Road Transport (General) Act 1999, section 12
(Power to include or exclude areas in road transport legislation) declares that
this Act applies to the area; but
(b) does not include an area that would otherwise be a road related area
so far as a declaration under that section declares that this Act does not apply
to the area.
road transport authority means the Australian Capital
Territory Road Transport Authority.
Note The chief executive of the department responsible for
the Road Transport (General) Act 1999 is the road transport authority
(see Road Transport (General) Act 1999, s 16).
road transport legislation—see the Road Transport
(General) Act 1999, section 6.
third-party funds, of a licensed insurer, for part 4.6
(Supervision of licensed insurers)—see section 210.
trailer means a vehicle being towed, or built to be towed, by
a motor vehicle, but does not include a motor vehicle being towed.
unidentified motor vehicle—see
section 62.
uninsured motor vehicle—see section 60.
use, a motor vehicle—see section 8.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2007.
2 Notification
Notified under the Legislation Act on 2007.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2007
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