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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 10
Commission’s functions
10 Commission’s functions
(1) The commission’s functions are to— (a) supervise insurers operating
under the statutory insurance scheme and issue, suspend or withdraw licences
for insurers operating under the scheme; and
(b) regulate the statutory
insurance scheme; and
(c) establish and revise prudential standards with
which licensed insurers must comply; and
(d) establish and revise standards
about the proper management of claims with which licensed insurers must
comply; and
(e) monitor the management of claims by insurers under the
statutory insurance scheme and, in particular, the insurers’ compliance with
their obligations under part 4 ; and
(f) appoint, under the industry deed, a
person to arbitrate disputes between 2 or more insurers about a claim; and
(g) fix for each class of CTP insurance the range within which an insurer’s
premium must fall; and
(h) recommend the levies and the administration fee
payable under this Act; and
(i) monitor the availability, adequacy and use of
rehabilitation services for claimants who suffer personal injury in motor
vehicle accidents and develop programs, resources and guidelines to overcome
deficiencies in the services; and
(j) provide funds for, or contribute in
other ways to, the provision of infrastructure to facilitate the
rehabilitation of persons injured in motor vehicle accidents; and
(k) provide
funds for research and education in the field of rehabilitation and the
provision of rehabilitation services; and
(l) provide funds for research into
the causes of motor vehicle accidents and their prevention; and
(m) establish
and maintain a call centre from which the public may obtain information on the
statutory insurance scheme; and
(n) carry out, or contribute to, advertising
campaigns to increase public awareness of the causes of motor vehicle
accidents, and of the economic, social and personal cost of motor vehicle
accidents; and
(o) promote and, if funds are available, make financial
contributions towards— (i) the regular inspection of motor vehicles to
ensure safety and roadworthiness; and
(ii) the training of drivers (including
the provision of defensive driving courses); and
(iii) training in first aid;
and
(iv) the provision, maintenance and support of the infrastructure
necessary to reduce the incidence of motor vehicle accidents and minimise the
results; and
(p) monitor the efficiency of the statutory insurance scheme
and, in particular, the proportion of the funds of the scheme paid to
claimants or applied for their direct benefit; and
(q) develop and coordinate
strategies to identify and combat fraud in or related to claims; and
(r) keep
the industry deed under review and make recommendations for its amendment; and
(s) keep the statutory insurance scheme generally under review and make
recommendations for its amendment; and
(t) conduct research and collect
statistics about the statutory insurance scheme; and
(u) perform another
function given to the commission under this or another Act.
Note— For the
functions of the commission in relation to the injury insurance scheme, see
the National Injury Act , chapter 5 .
(2) In determining prudential
standards for licensed insurers, the commission must have proper regard to the
prudential standards that apply to the insurance industry under Commonwealth
legislation.
(3) The commission must publish on its website standards made
under subsection (1) (c) or (d) .
(4) A standard made under subsection (1)
(d) applies to the management of a claim from the day the standard is
published, whether the claim was made before or after that day.
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