Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

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


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback