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NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - SECT 163

Insertion of new pt 4, divs 8 and 9

163 Insertion of new pt 4, divs 8 and 9

After section 61—
insert—

Division 8 - Changes to claim process if insurance agency is contributor

61A Claim process if insurance agency liable to contribute
(1) This section applies in relation to a claim if the insurance agency is liable, under the National Injury Act, section , to contribute to the insurer’s liability on the claim for treatment, care and support damages.
(2) The insurer and the insurance agency must, in dealing with the claim—
(a) cooperate with each other; and
(b) provide each other with information in their possession relevant to the claim, including any documents given to the claimant.
(3) To the extent any of the following documents relate to, or potentially affect, liability for treatment, care and support damages, the insurer and the insurance agency must agree about the content of the document before the document is given by the insurer to the claimant—
(a) a notice given by the insurer under section 41(1)(b);
(b) an offer made by the insurer;
(c) a notice given by the insurer accepting or rejecting an offer made by the claimant.
(4) Subsection (5) applies if a document stated in subsection (3) is given by the insurer before the insurance agency becomes liable, under the National Injury Act, section , to contribute towards the insurer’s liability.
(5) The insurance agency is not bound by the document.
(6) For division 5A, other than section 51C—
(a) a reference in the division to—
(i) the parties includes a reference to the insurance agency; and
(ii) either party is a reference to any of the parties; and
(iii) both parties or each party is a reference to all of the parties; and
(b) a person authorised by the insurance agency to settle the claim on the agency’s behalf is a conference participant.
(7) If the claimant brings an action in the court for damages for personal injury, the insurance agency is a defendant to the action.
(8) In this section—

"offer" includes a counter offer or mandatory final offer.

"treatment, care and support damages" see the National Injury Act, schedule 1.

Division 9 - Obligation to provide information to insurance agency

61B Giving insurance agency notice about particular matters
(1) This section applies if—
(a) a claim is made against an insurer for personal injury; and
(b) either of the following applies—
(i) the claimant is a participant in the injury insurance scheme in relation to the injury;
(ii) an application has been made under the National Injury Act for approval for the claimant to participate in the scheme in relation to the injury.
(2) The insurer must give the insurance agency written notice of the claim.
(3) Also, the insurer must give the insurance agency written notice of any of the following events in relation to the claim—
(a) the giving of a notice to the claimant under section 39;
(b) the giving of a notice to the claimant under section 41(1)(b);
(c) the settlement of the claim by agreement between the claimant and the insurer;
(d) a court judgment being given on an action for damages in relation to the claim;
(e) the claimant withdrawing the claim or being prevented from proceeding with the claim.
(4) However, the insurer is not required to give the insurance agency written notice of an event stated in subsection (3) if—
(a) the event happens after the claimant stops being a participant; or
(b) the event happens after the application for approval to participate in the injury insurance scheme is refused; or
(c) when the event happens, the insurance agency is liable, under the National Injury Act, section , to contribute to the claim.



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