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ROAD TRANSPORT (THIRD-PARTY INSURANCE) ACT 2008 (NO. 1 OF 2008)
TABLE OF PROVISIONS
Long Title
CHAPTER 1--PRELIMINARY
PART 1.1--INTRODUCTION
1. Name of Act
2. Commencement
3. Dictionary
4. Notes
5. Offences against Act—application of Criminal Code etc
PART 1.2--IMPORTANT CONCEPTS
6. What is a personal injury?
7. Meaning of motor accident and injured person
8. When does someone use a motor vehicle?
9. What is the insurance industry deed?
10. What may be included in the insurance industry deed?
11. What is CTP insurance business?
12. Who is an owner of a registered motor vehicle?
13. Who is an owner of an unregistered motor vehicle?
14. Possession not affected by certain changes
CHAPTER 2--COMPULSORY THIRD-PARTY INSURANCE (CTP INSURANCE)
PART 2.1--CTP INSURANCE--REQUIREMENT
15. What is an insured motor vehicle?
16. Who is a CTP insured person?
17. Offence—using uninsured motor vehicle on road or road related area
PART 2.2--CTP POLICIES
18. What is a CTP policy?
19. What is insured under a CTP policy?
20. Who is insured under a CTP policy?
21. What risks are covered by a CTP policy?
22. What risks are not covered by a CTP policy?
23. Who is the CTP insurer?
24. Licensed insurer not to decline etc to issue CTP policy
25. CTP insurer to indemnify insured people
26. CTP policy not affected by change of vehicle ownership
27. CTP policy not affected by errors
PART 2.3--SELECTING A CTP INSURER
28. Selecting at first registration
29. Selecting at renewal of registration
30. What is a registered motor vehicle?
PART 2.4--LENGTH OF CTP POLICY
31. CTP policy takes effect on registration or renewal
32. CTP policy in effect while insurer on risk
33. Insurer on risk—period of registration
34. Insurer on risk—period of grace
PART 2.5--CANCELLATION OF CTP POLICIES
35. CTP insurer cannot cancel CTP policy
36. CTP policy cancelled if registration cancelled
PART 2.6--CTP PREMIUMS
Division 2.6.1--Approval of CTP premiums
37. What is a CTP premium?
38. Licensed insurer to charge approved premium
39. CTP regulator may make CTP premium guidelines
40. Licensed insurer to apply for approval of premiums
41. CTP regulator to approve or reject premiums
42. Criteria to reject premium
43. Criteria to decide if premium will fund liabilities
44. CTP regulator may reconsider rejected premiums
45. Arbitration of unresolved premiums
46. CTP regulator to report on licensed insurer's profit margins
Division 2.6.2--CTP premium board
47. CTP premium board
48. Functions of board
49. Board members
50. Appointment of board members
51. Appointment of deputy chair
52. Ending board member appointments
53. Honesty, care and diligence of board members
54. Conflicts of interest by board members
55. Board agenda to require disclosure of interest item
56. Disclosure of interests by board members
57. Reporting of disclosed CTP premium board interests to Minister
58. Protection of CTP premium board members from liability
PART 2.7--NOMINAL DEFENDANT LIABLE FOR UNINSURED OR UNIDENTIFIED MOTOR VEHICLES
59. Nominal defendant
60. What is an uninsured motor vehicle?
61. Nominal defendant liable—uninsured motor vehicle
62. What is an unidentified motor vehicle?
63. Nominal defendant liable—unidentified motor vehicle
64. Nominal defendant may deal with motor accident claim
65. Nominal defendant to pay motor accident claims from nominal defendant
66. Nominal defendant fund
67. Collections for nominal defendant fund
CHAPTER 3--EARLY PAYMENT FOR TREATMENT OF MOTOR ACCIDENT INJURIES
PART 3.1--IMPORTANT CONCEPTS
68. Who is a person's insurer?
69. What is a motor accident notification form?
70. What is a motor accident medical report?
71. What are medical expenses?
PART 3.2--EARLY PAYMENT
72. Entitlement to early payment—injured person to give forms to insurer within 28 days
73. What kinds of expenses must be paid by insurer?
74. Maximum amount insurer is required to pay
75. Early payment—no effect on liability
CHAPTER 4--MOTOR ACCIDENT CLAIMS
PART 4.1--PRELIMINARY--CH 4
76. Definitions—ch 4
77. What is a motor accident claim?
78. Who is the claimant for a motor accident claim?
79. Who is the respondent for a motor accident claim?
80. Who is an insured person?
81. Who is the insurer for a motor accident claim?
82. Insured person not to admit liability, settle or make payments
83. Power of insurer to act for insured
PART 4.2--MOTOR ACCIDENT CLAIMS PROCEDURES
84. Notice of claim
85. Time for giving notice of claim—CTP insurer
86. Time for giving notice of claim—nominal defendant
87. Respondent to identify and notify others
88. Preliminary response to claimant
89. Acknowledgment that proper respondent not admission of liability
90. Response to notice of claim
91. Claimant may add later respondents
92. Multiple respondents
93. Respondent may add contributor
94. Contributor's response
95. Noncomplying notice of claim may be complying notice of claim
96. Claimant not to proceed without complying notice of claim
97. Respondent to try to resolve motor accident claim
98. Time limit exception—legal disabilities
99. Costs awarded if noncompliance with pt 4.2—claimant
100. Costs awarded if noncompliance with pt 4.2—respondent
PART 4.3--OBLIGATIONS TO GIVE DOCUMENTS AND INFORMATION
101. Purpose—pt 4.3
102. What is a required document?
103. What is relevant claim information?
104. Claimant to give documents and information to respondent
105. Respondent to give documents and information to claimant
106. Respondent to give documents and information to contributor
107. Contributor to give documents to respondent
108. Alternative provision if more than 200 pages
109. Exception to obligation—client legal privilege
110. Exception to obligation—party already has documents or
111. Exception to obligation—party suspects fraud
112. Offence—failure to give document or information
113. Consequences of failure to give document
114. Privilege generally for documents and information
PART 4.4--ENFORCEMENT OF PT 4.2 AND PT 4.3
115. Court's power to enforce compliance with pt 4.2 and pt 4.3
116. Offence—false or misleading statements
PART 4.5--EXPERT REPORTS
117. Panel of recognised medical experts
118. Parties may jointly arrange for expert report
119. Cost of expert report obtained by agreement
120. Examination by expert if no agreement
PART 4.6--RESPONDENT TO PAY FOR MEDICAL EXPENSES AND REHABILITATION SERVICES
Division 4.6.1--Medical expenses
121. Preconditions to payment of medical expenses
122. Respondent to pay injured person's medical expenses
Division 4.6.2--Rehabilitation services
123. What is rehabilitation?
124. What are rehabilitation services?
125. What are provided rehabilitation services?
126. Respondent may make rehabilitation services available
127. Respondent to make rehabilitation services available
128. Respondent to give assessment of damages notice
129. Cost of services and assessment of damages
130. Reasonable and appropriate services—mediation
131. Reasonable and appropriate services—court proceeding
132. Respondent to pay for rehabilitation services
133. Cost of rehabilitation services—mediation
134. Cost of rehabilitation services—court proceeding
Division 4.6.3--Medical and rehabilitation guidelines
135. CTP regulator may make medical and rehabilitation guidelines
PART 4.7--COMPULSORY CONFERENCES BEFORE COURT PROCEEDINGS
136. Compulsory conference
137. Compulsory conference may be dispensed with
138. Compulsory conference mediator
139. Procedures before compulsory conference
140. Attendance and participation at compulsory conference
PART 4.8--MANDATORY FINAL OFFERS
141. Mandatory final offers
142. Mandatory final offers may be dispensed with
143. Timing of mandatory final offers
144. Working out costs for mandatory final offers
145. Court proceedings not to begin if mandatory final offer open
PART 4.9--COURT PROCEEDINGS
146. Time limit for beginning proceeding
147. Time limit—compulsory conference
148. Time limit—no compulsory conference
149. Time limit—no mandatory final offers
150. Need for urgent proceeding
151. Insurer to be joint or sole defendant
152. Procedure if respondent is insurer
153. Exclusion of summary judgment on the basis of admissions
154. Insurer's right to call and cross-examine insured person
155. Costs—small awards of damages—generally
156. Costs—small awards of damages—exceptions
PART 4.10--JUDGMENT FOR NONCOMPLIANCE WITH TIME LIMITS
157. Definitions—pt 4.10
158. Notice time limit not complied with
159. Thing not done within 7-day period—claimant as enforcing
160. Thing not done within 7-day period—respondent as enforcing
161. Thing not done within 7-day period—court may make orders
162. Court orders in favour of claimant
163. Court orders in favour of respondent
PART 4.11--CTP INSURER AND NOMINAL DEFENDANT MAY RECOVER COSTS INCURRED
Division 4.11.1--Preliminary
164. What are costs?
165. Insurer may only recover costs once
166. Proceeding to recover costs
Division 4.11.2--CTP insurers
167. CTP insurer may recover excess if 25% fault
168. CTP insurer may recover $2 000 if CTP premium fraud
169. CTP insurer may recover costs if no authority to use vehicle
170. CTP insurer may recover costs if injury intentional
171. CTP insurer may recover costs if driver using alcohol or drugs
Division 4.11.3--CTP insurer and nominal defendant
172. Insurer may recover costs if motor vehicle defective
173. Insurer may recover costs if fraud
Division 4.11.4--Nominal defendant
174. Nominal defendant may recover costs from owner or driver
175. Nominal defendant—access to territory information etc
PART 4.12--OTHER MATTERS
176. Insurer to deter fraudulent motor accident claims
177. Extraterritorial operation
CHAPTER 5--LICENSING OF INSURERS
PART 5.1--IMPORTANT CONCEPTS
178. What is a CTP insurer licence?
179. Meaning of former licensed insurer and licensed
180. Offence—unlicensed insurer issues CTP policy
181. Unlicensed insurer liable for CTP policy
PART 5.2--APPLICATION FOR CTP INSURER LICENCE
182. Licence—application
183. Licence—eligibility
184. Decision on licence application
185. Licence conditions
186. Matters that may be regulated by licence conditions
187. Prohibited licence conditions
188. Offence—contravening licence condition
189. Contravention of licence condition does not affect CTP policy
190. Offence—unlicensed insurer contravening licence condition
191. Licence—length
192. Transfer of licences
PART 5.3--SUSPENSION OF CTP INSURER LICENCE
193. Licence suspension notices
194. Grounds for licence suspension—contraventions
195. Grounds for licence suspension—grounds other than
196. Ending licence suspension
197. Offence—issuing CTP policy if licence suspended
PART 5.4--DISCIPLINARY ACTION
198. Meaning of licensed insurer—pt 5.4
199. CTP regulator may choose disciplinary action instead of
200. What are the grounds for disciplinary action?
201. CTP regulator may refer matter to tribunal
202. Disciplinary action tribunal may take
PART 5.5--CANCELLATION OF CTP INSURER LICENCES
203. Licence cancellation notices
204. Grounds for licence cancellation
205. Licence cancellation after surrender
206. Insurer's liabilities to be met before licence cancelled
PART 5.6--TRANSFER OF CTP POLICIES TO OTHER INSURERS
207. Policy transfer notices
208. Transfer of policies to other insurers
209. Effect of transfer of policies
210. CTP insurer licence register
PART 5.7--SUPERVISION OF LICENSED INSURERS
211. What is a business plan?
212. Licensed insurer to have business plan
213. Licensed insurer to comply with business plan
214. Licensed insurer to revise business plan
215. CTP guidelines
216. What is a licensed insurer's market share?
217. Working out market share of each licensed insurer
218. Reinsurance arrangements of licensed insurers
219. What are third-party funds?
220. Licensed insurer to provide investment details
221. Offence—licensed insurer to keep accounts
222. Offence—licensed insurer to provide returns
223. CTP regulator may publish returns
224. Audit of accounting records and compliance with guidelines
225. Offence—licensed insurer to assist appointed auditor
226. Audit of licensed insurer's profitability
227. CTP regulator may ask for information etc
228. How CTP regulator is to ask
229. Offence—insurer to give information and documents
230. Reports about insurers
231. CTP regulator may apply for policy holder protection order
232. Court orders to protect policy holders
233. Offence—contravene court order
234. Offence—insurer to tell CTP regulator about grounds for suspension
235. Offence—insurer to tell CTP regulator of decrease in issued capital
236. Offence—insurer to tell CTP regulator of bidder's statement or target's
237. Only CTP regulator may issue proceeding against licensed
PART 5.8--INSOLVENT INSURERS
238. Definitions—pt 5.8
239. Liquidators
240. Insolvent insurer declarations
241. Nominal defendant is insurer if CTP insurer insolvent
242. Nominal defendant may recover from insolvent insurer
243. Offence—liquidator to give motor accident claims to nominal defendant
244. Offence—liquidator to give information etc to nominal defendant
245. Offence—liquidator to allow inspection of documents
246. Borrowing for nominal defendant fund
247. Nominal defendant may intervene in legal proceeding
248. Nominal defendant may take legal proceeding
CHAPTER 6--ENFORCEMENT
PART 6.1--ENFORCEMENT--GENERAL
249. Definitions—ch 6
PART 6.2--POWERS OF AUTHORISED PEOPLE
250. Power to enter premises
251. Production of identity card
252. Consent to entry
253. General powers on entry to premises
254. Power to seize things
PART 6.3--SEARCH WARRANTS
255. Warrants generally
256. Warrants—application made other than in person
257. Search warrants—announcement before entry
258. Details of search warrant to be given to occupier etc
259. Occupier entitled to be present during search etc
PART 6.4--RETURN AND FORFEITURE OF THINGS SEIZED
260. Receipt for things seized
261. Moving things to another place for examination or processing under search
262. Access to things seized
263. Return of things seized
264. Forfeiture of seized things
265. Application for order disallowing seizure
266. Order for return of seized thing
PART 6.5--ENFORCEMENT--MISCELLANEOUS
267. Damage etc to be minimised
268. Compensation for exercise of enforcement powers
CHAPTER 7--INFORMATION COLLECTION AND SECRECY
269. Information to be provided by licensed insurers
270. CTP claims register
271. Secrecy
CHAPTER 8--MISCELLANEOUS
272. Application to Territory and Commonwealth motor vehicles
273. CTP regulator
274. Delegation of CTP regulator's functions
275. Review of Act
276. Approved forms
277. Regulation-making power
278. Legislation amended—sch 1
279. Legislation repealed
CHAPTER 9--TRANSITIONAL
280. Definitions—ch 9
281. Transitional—personal injury claims
282. Transitional—nominal defendant
283. Transitional—premiums
284. Transitional—authorised insurers
285. Transitional—s 269
286. Transitional regulations
287. Expiry—ch 9
SCHEDULE 1
DICTIONARY
ENDNOTES
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