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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
MOTOR ACCIDENT
INSURANCE AMENDMENT
BILL 2000
Queensland
MOTOR ACCIDENT INSURANCE
AMENDMENT BILL 2000
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 3 (Objects) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4A References to insurer's premium, a fee or costs . . . . . . . . . . . . . . . . 11
7 Amendment of s 5 (Application of this Act) . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Amendment of s 10 (Commission's functions) . . . . . . . . . . . . . . . . . . . . . . . 11
9 Replacement of s 11 (Advisory committee) . . . . . . . . . . . . . . . . . . . . . . . . . 12
11 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Replacement of pt 2, div 3 (Recommendation and fixing of
levies, administration fee and insurance premiums) . . . . . . . . . . . . . . . . . . 13
Division 3--Insurance premiums
12 Insurance premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
13 The insurer's premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13A Premium rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
14 Recommendations about levies and administration fee . . . . . . . . . . 16
14A Fixing levies and administration fee . . . . . . . . . . . . . . . . . . . . . . . . . 17
15 Report and recommendations when costs of insurance
exceed the affordability index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
11 Amendment of s 20A (Temporary gratuitous insurance) . . . . . . . . . . . . . . . 18
12 Replacement of s 21 (Selection of insurer) . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21 Selection of insurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2
Motor Accident Insurance Amendment
13 Amendment of s 23 (Statutory policy of insurance) . . . . . . . . . . . . . . . . . . . 21
14 Amendment of s 25 (Motor vehicle must be insured under correct
class) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
15 Replacement of pt 3, div 3 (Financial obligations of insurers) . . . . . . . . . . 22
Division 3--Disbursement of gross insurance premiums
27 Disbursement of gross premiums by transport administration . . . . . 22
27A Disbursement of gross premiums by insurers who receive
premiums directly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
16 Amendment of s 30 (Transfer of CTP business) . . . . . . . . . . . . . . . . . . . . . . 24
17 Amendment of s 31 (Principles for determining the insurer) . . . . . . . . . . . . 24
18 Replacement of s 34 (Duty to notify accidents) . . . . . . . . . . . . . . . . . . . . . . 25
34 Duty to notify accidents to police . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
19 Replacement of s 37 (Notice to be given by claimant) . . . . . . . . . . . . . . . . 26
37 Notice of accident claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
37A Additional information form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
20 Amendment of s 39 (Response to notice of claim) . . . . . . . . . . . . . . . . . . . 27
21 Amendment of s 41 (Insurer must attempt to resolve claim) . . . . . . . . . . . . 29
22 Amendment of s 42 (Payment of medical expenses etc.) . . . . . . . . . . . . . . 30
23 Amendment of s 45 (Duty of claimant to cooperate with insurer) . . . . . . . 30
24 Insertion of new s 45A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
45A Panels of recognised medical experts . . . . . . . . . . . . . . . . . . . . . . . . 31
25 Amendment of s 46 (Claimant and insurer may jointly arrange for
expert report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
26 Insertion of new ss 46A and 46B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
46A Examination of claimant by medical expert in absence of
agreement between the parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
46B Costs of obtaining expert reports where reports obtained by
agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
27 Replacement of s 50 (Court's power to enforce compliance with
Division) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 4A--Enforcement of divisions 2, 3 and 4
50 Court's power to enforce compliance with divs 2, 3 and 4 . . . . . . . 33
28 Amendment of s 51 (Obligation to provide rehabilitation services) . . . . . . 34
3
Motor Accident Insurance Amendment
29 Insertion of new pt 4, div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 5A--Compulsory conference
51A Compulsory conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
51B Procedure at conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
51C Parties to exchange mandatory final offers if claim not
settled at compulsory conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
51D Time for bringing action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
30 Insertion of new s 52B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
52B Exclusion of summary judgment on the basis of admissions . . . . . . 42
31 Amendment of s 55 (Awards of exemplary damages) . . . . . . . . . . . . . . . . . 42
32 Insertion of new ss 55A-55F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
55A Damages for loss of earnings or earning capacity . . . . . . . . . . . . . . . 43
55B Discount rate to be applied in calculating the present
value of future loss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
55C Damages for loss of consortium or loss of servitium . . . . . . . . . . . . . 43
55D Damages for gratuitous services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
55E Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
55F Costs in cases involving relatively small awards of damages . . . . . 45
33 Amendment of s 57 (Alteration of period of limitation) . . . . . . . . . . . . . . . . 47
34 Insertion of new pt 4, div 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 6A--Extraterritorial operation of limitation of liability
57A Application of limitation of liability to foreign awards . . . . . . . . . . 47
35 Amendment of s 58 (Insurer's rights of recourse) . . . . . . . . . . . . . . . . . . . . . 48
36 Insertion of new s 60A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
60A Access to information etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
37 Amendment of s 62 (Application for licence) . . . . . . . . . . . . . . . . . . . . . . . . 49
38 Amendment of s 64 (Conditions of licence) . . . . . . . . . . . . . . . . . . . . . . . . . 49
39 Amendment of s 67 (Effect of withdrawal or suspension on
existing liabilities etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
40 Insertion of new pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
PART 5A--ENFORCEMENT
Division 1--Authorised persons
87A Appointment of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
4
Motor Accident Insurance Amendment
87B Functions and powers of authorised person . . . . . . . . . . . . . . . . . . . . 50
87C Authorised person's employment conditions . . . . . . . . . . . . . . . . . . . 51
87D Authorised person's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
87E Display of authorised person's identity card . . . . . . . . . . . . . . . . . . . 52
87F Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 2--Powers of authorised persons
87G Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
87H Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
87I Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
87J Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
87K Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
87L Power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
87M Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
87N Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
87O Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 3--Other enforcement matters
87P Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
87Q Costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 4--Obstructing or impersonating authorised persons
87R Obstruction of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
87S Impersonation of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 5--Fraud and false and misleading statements
87T Offences involving fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
87U False or misleading information or documents . . . . . . . . . . . . . . . . . 60
Division 6--Information from Commissioner of Police Service
87V Information from Commissioner of Police Service . . . . . . . . . . . . . . 60
Division 7--Proceedings
87W Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 8--Evidence
87X Evidentiary certificates given by the commission and
transport administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
41 Amendment of s 88 (Information to be provided by licensed insurers) . . . . 63
5
Motor Accident Insurance Amendment
42 Insertion of new s 88A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
88A Commission's power to intervene to establish information
processing systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
43 Omission of s 93 (False statements etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
44 Omission of s 96 (Restriction on commission) . . . . . . . . . . . . . . . . . . . . . . . 64
45 Replacement of s 97 (CTP insurance premiums not to be
discounted etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
97 CTP premiums not to be discounted etc. . . . . . . . . . . . . . . . . . . . . . . 65
46 Omission of s 98 (Certain prosecutions require authorisation) . . . . . . . . . . 66
47 Replacement of s 101 (Review of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
101 Periodical reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
48 Insertion of new pt 7, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Division 3--Provisions for Motor Accident Insurance Amendment
Act 2000
108 Application of amendments made by the Motor Accident
Insurance Amendment Act 2000 to motor vehicle accident claims 66
109 Special provision about financial years . . . . . . . . . . . . . . . . . . . . . . . 67
110 Ratification of action taken in anticipation of amendments
made by the Motor Accident Insurance Amendment Act 2000 . . . . 67
49 Amendment of schedule (Policy of insurance) . . . . . . . . . . . . . . . . . . . . . . . 67
2000
A BILL
FOR
An Act to amend the Motor Accident Insurance Act 1994
s1 8 s5
Motor Accident Insurance Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Motor Accident Insurance Amendment 3
Act 2000. 4
5
Commencement
Clause 2.(1) This Act commences on 1 October 2000. 6
(2) However, the following provisions commence on 1 July 2000-- 7
(a) section 32 in so far as it inserts new sections 55A and 55C; 8
(b) section 34; 9
(c) section 48. 10
amended 11
Act
Clause 3. This Act amends the Motor Accident Insurance Act 1994. 12
of s 3 (Objects) 13
Amendment
Clause 4. Section 3, after paragraph (a)-- 14
insert-- 15
`(aa) to establish a basis for assessing the affordability of insurance 16
under the statutory insurance scheme and to keep the costs of 17
insurance at a level the average motorist can afford; and'. 18
of s 4 (Definitions) 19
Amendment
Clause 5.(1) Section 4, definitions "costs", "mobile machinery or equipment", 20
"motor vehicle", "motor vehicle accident", "public place", "registration" 21
and "road"-- 22
omit. 23
s5 9 s5
Motor Accident Insurance Amendment
(2) Section 4-- 1
insert-- 2
` "affordability index" means 45% of average weekly earnings. 3
"assessment period" see section 13(2). 4
"average weekly earnings" means the seasonally adjusted amount of 5
Queensland full-time adult persons ordinary time earnings as declared 6
by the Australian Statistician in the statistician's report on average 7
weekly earnings,1 averaged over the last 4 quarters for which the 8
statistician's report is available. 9
"class" -- 10
(a) of CTP insurance (or CTP insurance policies)--means CTP 11
insurance (or CTP insurance policies) for a particular class of 12
motor vehicles; or 13
(b) of motor vehicles--means a class of motor vehicles created by 14
classification under a regulation. 15
"compulsory conference" see section 51A(1). 16
"costs" -- 17
(a) when used in reference to legal costs, includes disbursements; and 18
(b) when used in reference to the costs of an insurer on a claim, 19
includes-- 20
(i) the amount paid out by the insurer on the claim to the 21
claimant or for the claimant's benefit, including-- 22
(A) the cost to the insurer of providing rehabilitation 23
services in connection with the claim; and 24
(B) the cost to the insurer of paying private hospital, 25
medical and pharmaceutical expenses in connection 26
with the claim; and 27
(ii) the cost to the insurer of investigating the claim and of 28
litigation related to the claim (but not the insurer's general 29
1 The publication is currently entitled `Average Weekly Earnings States and
Australia'.
s5 10 s5
Motor Accident Insurance Amendment
administration costs). 1
"costs statement" see section 51B(6)(e). 2
"criminal history", of a person, means the record of offences of which the 3
person has been convicted in Queensland or elsewhere before or after 4
the commencement of this Act. 5
"GST" means the tax payable under the GST law. 6
"GST law" means-- 7
(a) A New Tax System (Goods and Services Tax) Act 1999 (Cwlth); 8
and 9
(b) the related legislation of the Commonwealth dealing with the 10
imposition of a tax on the supply of goods and services. 11
"GVM" means gross vehicle mass. 12
"insurance premium" means the gross premium for a CTP insurance 13
policy (including levies and administration fee). 14
"insurer's premium" means an insurer's consideration for providing 15
insurance under a CTP insurance policy. 16
"mandatory final offer" see section 51C(2). 17
"mobile machinery" has the meaning given by the Transport Operations 18
(Road Use Management--Vehicle Registration) Regulation 1999. 19
"motor vehicle" means a vehicle for which registration is required under 20
the Transport Operations (Road Use Management--Vehicle 21
Registration) Regulation 1999 and includes a trailer. 22
"motor vehicle accident" means an incident from which a liability for 23
personal injury arises that is covered by insurance under the statutory 24
insurance scheme. 25
"non-medicinal drug" means a drug other than one genuinely and lawfully 26
consumed for medical or therapeutic purposes. 27
"official panel of medical experts" see section 45A(1)(a). 28
"public place" has the meaning given by the Transport Operations (Road 29
Use Management) Act 1995. 30
"registration", of a motor vehicle, includes a permit, plate or other 31
authorisation under the Transport Operations (Road Use 32
s6 11 s8
Motor Accident Insurance Amendment
Management--Vehicle Registration) Regulation 1999 permitting a 1
motor vehicle to be used on a road without registration but does not 2
include an authorisation under section 62 of that regulation. 3
"registered operator", of a motor vehicle, means a person recorded in the 4
details of the registration of the vehicle as the registered operator or as 5
the owner of the motor vehicle. 6
"road" has the meaning given by the Transport Operations (Road Use 7
Management) Act 1995.'. 8
of new s 4A 9
Insertion
Clause 6. After section 4-- 10
insert-- 11
to insurer's premium, a fee or costs 12
`References
`4A. A reference in this Act to an insurer's premium, a fee or costs 13
extends to any related charge (whether treated as a component of the 14
premium, fee or costs or separately identified) to reimburse or offset the 15
liability of the person to whom the premium, fee or costs are payable for 16
GST.'. 17
of s 5 (Application of this Act) 18
Amendment
Clause 7. Section 5(3)(a)-- 19
omit, insert-- 20
`(a) a tractor, backhoe, bulldozer, end-loader, forklift, industrial crane 21
or hoist, or other mobile machinery; or'. 22
of s 10 (Commission's functions) 23
Amendment
Clause 8.(1) Section 10(1)(d)-- 24
omit, insert-- 25
`(d) fix for each class of CTP insurance the range within which an 26
insurer's premium must fall; and 27
(da) recommend the levies and the administration fee payable under 28
s9 12 s9
Motor Accident Insurance Amendment
this Act; and'. 1
(2) Section 10(1)(f)-- 2
omit, insert-- 3
`(f) provide funds for, or contribute in other ways to, the provision of 4
infrastructure to facilitate the rehabilitation of persons injured in 5
motor vehicle accidents; and'. 6
(3) After section 10(1)(h)-- 7
insert-- 8
`(ha)establish and maintain a call centre from which the public may 9
obtain information on the statutory insurance scheme; and'. 10
(4) Section 10(1)(k)-- 11
omit, insert-- 12
`(k) monitor the efficiency of the statutory insurance scheme and, in 13
particular, the proportion of the funds of the scheme paid to 14
claimants or applied for their direct benefit; and'. 15
of s 11 (Advisory committee) 16
Replacement
Clause 9. Section 11-- 17
omit, insert-- 18
committees 19
`Advisory
`11.(1) The commission may establish 1 or more advisory committees to 20
advise on the exercise of the commission's statutory functions. 21
`(2) The matters on which an advisory committee may provide advice are 22
to be decided by the commission with the approval of the Minister. 23
`(3) An advisory committee is to consist of persons appointed by the 24
Minister on the commission's nomination. 25
`(4) The terms on which the members of an advisory committee hold 26
office are to be decided by the Minister.'. 27
s 10 13 s 10
Motor Accident Insurance Amendment
of pt 2, div 3 (Recommendation and fixing of levies, 1
Replacement
administration fee and insurance premiums) 2
Clause 10. Part 2, division 3-- 3
omit, insert-- 4
`Division 3--Insurance premiums 5
premiums 6
`Insurance
`12.(1) An insurance premium under the statutory insurance scheme 7
consists of the following components-- 8
(a) the insurer's premium; 9
(b) the statutory insurance scheme levy; 10
(c) the hospital and emergency services levy; 11
(d) the Nominal Defendant levy; 12
(e) the administration fee. 13
`(2) The insurer's premium is the insurer's consideration for providing 14
the insurance. 15
`(3) The statutory insurance scheme levy is to cover the estimated costs 16
of the administration of this Act (other than costs associated with the 17
Nominal Defendant Scheme) for the financial year for which the levy is 18
fixed together with any shortfall from previous financial years. 19
`(4) The hospital and emergency services levy is to cover a reasonable 20
proportion of the estimated cost of providing public hospital services and 21
emergency services for the financial year for which the levy is fixed having 22
regard to the number of people who-- 23
(a) are injured in motor vehicle accidents; and 24
(b) make use of public hospital services and emergency services as a 25
result of their injuries; and 26
(c) are claimants or potential claimants under the statutory insurance 27
scheme. 28
`(5) The Nominal Defendant levy is to cover the estimated costs of the 29
Nominal Defendant Scheme for the financial year or other period for which 30
s 10 14 s 10
Motor Accident Insurance Amendment
the levy is fixed together with any shortfall from previous financial years. 1
`(6) The administration fee is the fee payable to transport administration 2
for work done in the administration of the statutory insurance scheme. 3
`(7) The administration fee is a controlled receipt for the purposes of the 4
Financial Administration and Audit Act 1977. 5
insurer's premium 6
`The
`13.(1) An insurer's premium is to be set by each licensed insurer, within 7
limits fixed by the commission, for each class of insurance. 8
`(2) The premiums are to relate to a period (an "assessment period") 9
fixed under a regulation. 10
`(3) The insurer's premium is to be set by the insurer on the basis that the 11
insurance is to cover a registration period of 1 year. 12
`(4) If the registration period is more or less than 1 year, the insurer's 13
premium for the relevant CTP policy is-- 14
(a) the proportion of the insurer's premium for 1 year that the period 15
of registration bears to 1 year; and 16
(b) an additional amount fixed on a basis prescribed under a 17
regulation. 18
rates 19
`Premium
`13A.(1) This section describes the process for setting the insurer's 20
premiums for each assessment period. 21
`(2) The commission first fixes limits of insurer's premium for each 22
class of CTP insurance. 23
`(3) The limits consist of a floor amount (below which the premium can 24
not be set) and a ceiling amount (above which the premium can not be set). 25
`(4) Before the commission fixes the limits, the commission must invite 26
written submissions from-- 27
(a) licensed insurers on matters relevant to the fixing of the limits 28
and, in particular, on-- 29
s 10 15 s 10
Motor Accident Insurance Amendment
(i) current factors and trends influencing the cost of insurance 1
under the statutory insurance scheme; and 2
(ii) any other factors that should, in the opinion of the insurers, 3
influence the permissible range of insurers' premiums for 4
the assessment period; and 5
(b) major organisations representing motorists in Queensland. 6
`(5) The commission must at least once in each year obtain an actuarial 7
analysis of the statutory insurance scheme and, at least once in each quarter, 8
obtain an actuarial review of current trends that could affect the financial 9
soundness of the scheme. 10
`(6) After considering the financial soundness of the statutory insurance 11
scheme in the light of the most recent actuarial analysis and quarterly review 12
obtained under subsection (5), the submissions made in response to the 13
commission's invitations and other material the commission considers 14
relevant, the commission must-- 15
(a) fix the limits of insurer's premium for each class of CTP 16
insurance; and 17
(b) give each licensed insurer a written notice-- 18
(i) stating the limits fixed for each class of CTP insurance; and 19
(ii) requiring the insurer to submit its premiums for each class 20
of CTP insurance for the relevant assessment period on or 21
before a date stated in the notice; and 22
(iii) specifying other requirements with which the insurer's 23
submission must comply. 24
`(7) The premiums must be submitted in accordance with requirements 25
specified in the notice within a time limit fixed under a regulation. 26
`(8) Each licensed insurer must give the commission written notice of the 27
premiums set by the insurer on or before the date stated in the 28
commission's notice. 29
`(9) On receipt of the notice from the insurer, the commission must, 30
within a time limit fixed by a regulation-- 31
(a) record the premiums set by the insurer for the relevant 32
assessment period for each class of CTP insurance; and 33
s 10 16 s 10
Motor Accident Insurance Amendment
(b) give the insurer a written notice confirming the insurer's 1
premiums for the relevant assessment period; and 2
(c) notify transport administration of the premiums set by the insurer 3
for the relevant assessment period. 4
`(10) If a licensed insurer-- 5
(a) fails to submit premiums for each class of CTP insurance as 6
required by the commission; or 7
(b) sets a premium outside the limits allowed by the commission; 8
the commission may, by written notice to the insurer, withdraw the 9
insurer's licence. 10
about levies and administration fee 11
`Recommendations
`14.(1) At least 4 months before the end of each financial year, the 12
commission must make recommendations to the Minister on the amount 13
of-- 14
(a) the statutory insurance scheme levy for the next financial year; 15
and 16
(b) the hospital and emergency services levy for the next financial 17
year; and 18
(c) the Nominal Defendant levy for the next financial year; and 19
(d) the administration fee for the next financial year. 20
`(2) A levy or the administration fee may vary according to any 1 or 21
more of the following factors-- 22
(a) the class of CTP insurance; 23
(b) the period of insurance; 24
(c) any other factor stated in a regulation. 25
`(3) If there is an unexpected increase in the Nominal Defendant's 26
liabilities that necessitates, in the commission's opinion, an increase in the 27
Nominal Defendant levy before the end of a financial year for which the 28
levy has been fixed, the commission may, at any time, recommend a special 29
increase in the Nominal Defendant levy. 30
s 10 17 s 10
Motor Accident Insurance Amendment
levies and administration fee 1
`Fixing
`14A.(1) The levies and administration fee are to be fixed under a 2
regulation for each financial year. 3
`(2) A regulation fixing levies and the administration fee for a particular 4
financial year must be made at least 3 months before the beginning of the 5
financial year. 6
`(3) However-- 7
(a) if a regulation fixing the levies and administration fee for a 8
particular financial year is not made at least 3 months before the 9
beginning of the relevant financial year-- 10
(i) the regulation commences 3 months after it is notified in the 11
gazette or on a later date specified in the regulation; and 12
(ii) the levies and administration fee last fixed continue until the 13
regulation commences; and 14
(b) if the commission recommends a special increase in the Nominal 15
Defendant levy, a regulation giving effect to the recommendation 16
may be made at any time and comes into force on the date the 17
regulation is notified in the gazette or a later date specified in the 18
regulation. 19
and recommendations when costs of insurance exceed the 20
`Report
affordability index 21
`15.(1) The costs of CTP insurance exceed the affordability index if the 22
insurance premium for a CTP insurance policy for a class 1 motor vehicle 23
(assuming the insurer's premium is set at the highest amount set by a 24
licensed insurer) exceeds the affordability index. 25
`(2) If the costs of CTP insurance exceed the affordability index, the 26
commission must make a report to the Minister on the effect of current 27
trends on the affordability of CTP insurance and, if the commission 28
considers changes to the statutory insurance scheme are necessary to 29
counter undesirable trends, may recommend the changes. 30
`(3) However, in fixing the range within which an insurer's premium for 31
a class 1 motor vehicle must fall, the commission is not to be influenced by 32
the fact that the proposed range could result in the costs of CTP insurance 33
s 11 18 s 12
Motor Accident Insurance Amendment
exceeding the affordability index if the ceiling amount is, according to 1
actuarial advice, appropriate to ensure the financial soundness of the 2
scheme. 3
`(4) The Minister must, as soon as practicable after receiving a report 4
under subsection (2), cause a copy of the report to be laid before the 5
Legislative Assembly. 6
`(5) In this section-- 7
"class 1 motor vehicle" means a motor vehicle of that class under a 8
regulation.'. 9
of s 20A (Temporary gratuitous insurance) 10
Amendment
Clause 11. Section 20A(1), `Transport Infrastructure (Roads) Regulation 1991, 11
section 44A'-- 12
omit, insert-- 13
`Transport Operations (Road Use Management--Vehicle Registration) 14
Regulation 1999, section 63'. 15
of s 21 (Selection of insurer) 16
Replacement
Clause 12. Section 21-- 17
omit, insert-- 18
of insurer 19
`Selection
`21.(1) On lodging an application for the registration of a motor vehicle 20
with transport administration, the applicant must select a licensed insurer to 21
be the insurer under the CTP insurance policy for the vehicle by exercising 22
1 of the following options-- 23
(a) the applicant may, at the time of lodging the application, 24
nominate, in a way approved by transport administration, a 25
particular licensed insurer to be the insurer under the CTP 26
insurance policy for the vehicle and pay the appropriate insurance 27
premium to transport administration; 28
(b) the applicant may lodge with the application a certificate in a form 29
approved by the commission certifying that the appropriate 30
s 12 19 s 12
Motor Accident Insurance Amendment
insurance premium has been paid to the licensed insurer on 1
whose behalf the certificate is issued. 2
`(2) The registered operator of a registered motor vehicle may, on 3
lodging an application for renewal of registration or at any other time, 4
change the insurer for the vehicle as from the end of the current registration 5
period by nominating, in a way approved by transport administration, 6
another licensed insurer as the insurer of the motor vehicle. 7
`(3) However-- 8
(a) if a registered operator lodges an application for renewal of 9
registration before the end of a current period of registration, a 10
nomination to change the insurer for the period for which the 11
renewal is to take effect can not be made after the time of lodging 12
the application for renewal; and 13
(b) a nomination under subsection (2) becomes void if, between the 14
time it is lodged and the time it is to take effect-- 15
(i) the registration of the motor vehicle is transferred; or 16
(ii) a further notice of nomination is lodged with transport 17
administration under subsection (2). 18
`(4) On lodging an application for renewal of the registration of a motor 19
vehicle with transport administration, the applicant must-- 20
(a) pay the appropriate insurance premium to transport 21
administration; or 22
(b) lodge with transport administration a certificate in a form 23
approved by the commission certifying that the appropriate 24
insurance premium (for the period for which the registration is to 25
be renewed) has been paid to the licensed insurer on whose behalf 26
the certificate is issued. 27
`(5) If an applicant for registration or renewal of registration of a motor 28
vehicle pays to transport administration an amount that is (after subtracting 29
any amount payable to transport administration by way of registration fees 30
and charges) less than the appropriate insurance premium but within the 31
tolerances set by the commission-- 32
(a) the applicant is taken to have paid the appropriate insurance 33
premium; and 34
s 12 20 s 12
Motor Accident Insurance Amendment
(b) the amount is to be applied as follows-- 1
(i) first to paying the registration fees and charges, the 2
administration fee and the levies; 3
(ii) secondly to paying the remaining balance to the insurer. 4
`(6) However, in a case to which subsection (5) applies, the CTP insurer 5
may recover, as a debt, from the registered operator of the motor vehicle the 6
difference between the insurer's premium the insurer would have received if 7
the insurance premium had been paid in full and the amount actually 8
received by the insurer. 9
`(7) The commission may-- 10
(a) fix tolerances for subsection (5); or 11
(b) change or replace tolerances previously fixed for subsection (5). 12
`(8) When the commission fixes the tolerances (or changes or replaces 13
tolerances previously fixed), the commission must give written notice of the 14
tolerances (or the new tolerances) to transport administration and all licensed 15
insurers. 16
`(9) For this section-- 17
(a) a person is taken to have made a nomination in a way approved 18
by transport administration if the nomination is communicated to 19
transport administration in a way transport administration 20
considers acceptable; and 21
(b) a person is taken to have lodged a certificate with transport 22
administration if the certificate or its contents are transmitted to, 23
and received by, transport administration in a way transport 24
administration considers acceptable. 25
`(10) In this section-- 26
"appropriate insurance premium" means the gross insurance premium 27
calculated by reference to-- 28
(a) the period for which registration is to be granted or renewed; and 29
(b) the class of motor vehicle; and 30
(c) the insurer's premium fixed by the insurer last selected under this 31
section for the relevant class of insurance.'. 32
s 13 21 s 13
Motor Accident Insurance Amendment
of s 23 (Statutory policy of insurance) 1
Amendment
Clause 13. Section 23(2) and (3)-- 2
omit, insert-- 3
`(2) The policy remains in force for the period of registration and for a 4
further period of grace ending on the first of the following to happen-- 5
(a) on the renewal of the registration or the grant of a permit allowing 6
the vehicle to be driven on roads while unregistered; 7
(b) on the expiry of 30 days from the end of the period of 8
registration. 9
`(3) However-- 10
(a) if the registration is cancelled before the end of the period for 11
which it was granted or renewed, the policy ceases to be in force 12
when the cancellation takes effect (and there is no period of 13
grace); and 14
(b) if a cancellation of registration takes effect during the period of 15
grace, the period of grace ends when the cancellation takes effect; 16
and 17
(c) the period of grace does not include a period for which the vehicle 18
has plates attached to it that allow it to be driven while 19
unregistered; and 20
(d) if the registered operator of the motor vehicle has selected a 21
licensed insurer to become the insurer of the motor vehicle as 22
from the end of the period of registration, the selected insurer 23
becomes the insurer under the policy for the period of grace. 24
`(3A) If the registration of a motor vehicle is renewed after the end of the 25
period of grace, the vehicle is uninsured from the end of the period of grace 26
until the registration is renewed (even though the period for which the 27
registration is renewed is backdated to the end of the previous registration 28
period).'. 29
s 14 22 s 15
Motor Accident Insurance Amendment
of s 25 (Motor vehicle must be insured under correct 1
Amendment
class) 2
Clause 14.(1) Section 25(1), `20 penalty units'-- 3
omit insert-- 4
`30 penalty units'. 5
(2) After section 25(2)-- 6
insert-- 7
`(2A) A person must not drive a motor vehicle, or permit a motor vehicle 8
to be driven, on a road or in a public place knowing that the vehicle has been 9
incorrectly classified and that, as a result, less than the appropriate insurance 10
premium has been paid for a policy of CTP insurance. 11
Maximum penalty--30 penalty units.'. 12
of pt 3, div 3 (Financial obligations of insurers) 13
Replacement
Clause 15. Part 3, division 3-- 14
omit, insert-- 15
`Division 3--Disbursement of gross insurance premiums 16
of gross premiums by transport administration 17
`Disbursement
`27.(1) Transport administration must in each week-- 18
(a) give the commission a return setting out, for the previous week-- 19
(i) the total amount received by way of insurance premiums; 20
and 21
(ii) the total amount received by way of insurer's premium for 22
each licensed insurer; and 23
(iii) the amount received by way of statutory insurance scheme 24
levy; and 25
(iv) the amount received by way of hospital and emergency 26
services levy; and 27
(v) the amount received by way of Nominal Defendant levy; and 28
s 15 23 s 15
Motor Accident Insurance Amendment
(vi) the amount received by way of administration fee; and 1
(b) pay to each licensed insurer the total amount received by way of 2
insurer's premium for the licensed insurer; and 3
(c) pay to the commission the total amount received by way of levies 4
(including amounts received from licensed insurers for 5
transmission to the commission). 6
`(2) Transport administration may retain the amount received by way of 7
administration fee. 8
of gross premiums by insurers who receive premiums 9
`Disbursement
directly 10
`27A.(1) Within a week after transport administration notifies a licensed 11
insurer that it has received a certificate certifying payment of an insurance 12
premium to the licensed insurer, the licensed insurer must-- 13
(a) pay to transport administration (for transmission to the 14
commission) the component of the insurance premium consisting 15
of the levies; and 16
(b) pay to transport administration the component of the insurance 17
premium consisting of the administration fee. 18
Maximum penalty--150 penalty units. 19
`(2) However, an insurer's liability to make payments under 20
subsection (1) to transport administration, and transport administration's 21
liability to pay insurer's premiums to the insurer, may be set off against 22
each other under an arrangement between transport administration and the 23
insurer (but such an arrangement is not to affect the extent of transport 24
administration's liability to pay levies to the commission). 25
`(3) If an insurer fails to make a payment to transport administration 26
when required under this section, transport administration may recover the 27
amount as a debt, together with interest at a rate fixed under a regulation.'. 28
s 16 24 s 17
Motor Accident Insurance Amendment
of s 30 (Transfer of CTP business) 1
Amendment
Clause 16. Section 30(4)-- 2
insert-- 3
`(d) if part of the transferor's CTP business is transferred--the 4
transfer is an adequate reason for withdrawing the licence.2'. 5
of s 31 (Principles for determining the insurer) 6
Amendment
Clause 17. Section 31(3) and (4)-- 7
omit, insert-- 8
`(3) If a trailer is attached to a motor vehicle registered in Queensland or 9
runs out of control after becoming accidentally detached from a motor 10
vehicle registered in Queensland, the trailer must be regarded as part of the 11
motor vehicle and the insurer of the motor vehicle is the insurer of the trailer 12
but, in any other case, the insurer of a trailer registered in Queensland is the 13
Nominal Defendant whose liability is to be decided as if the Nominal 14
Defendant had issued a separate CTP insurance policy for the trailer. 15
`(4) However-- 16
(a) if a motor vehicle accident involving a trailer with a GVM of 17
more than 4.5 tonnes happens outside the State--the Nominal 18
Defendant is not the insurer of the trailer under subsection (3); 19
and 20
(b) if a CTP insurance policy (other than a supplementary policy) is 21
issued for, or expressly extends to, a trailer--the insurer under the 22
policy is the insurer of the trailer for all purposes. 23
`(5) In this section-- 24
"supplementary policy" means a policy of insurance for a trailer insuring 25
against liability for personal injury caused by, through or in connection 26
with the trailer, other than a liability covered under subsection (3).'. 27
2 It should be noted that, under section 66(1), the commission may withdraw a
licence if the insurer asks the commission to withdraw it, the insurer contravenes
this Act, a condition of the licence or the industry deed, or there is "some other
reason" justifying withdrawal of the licence.
s 18 25 s 18
Motor Accident Insurance Amendment
of s 34 (Duty to notify accidents) 1
Replacement
Clause 18. Section 34-- 2
omit, insert-- 3
to notify accidents to police 4
`Duty
`34.(1) A person who proposes to claim damages for personal injury 5
arising from a motor vehicle accident must ensure that appropriate notice of 6
the accident has been given to a police officer. 7
`(2) Appropriate notice of a motor vehicle accident is-- 8
(a) the report of particulars required under the Transport Operations 9
(Road Use Management--Road Rules) Regulation 1999, 10
section 287; or 11
(b) if (and only if) particulars have not been reported as required 12
under that section--a notice under this section in a form approved 13
by the commission. 14
`(3) A notice under this section must-- 15
(a) state the intending claimant's full name, date of birth, residential 16
address and a telephone number at which the claimant can be 17
contacted; and 18
(b) state the date, time and place of the accident and describe how it 19
happened; and 20
(c) identify all motor vehicles and drivers involved in the accident (as 21
far as known to the intending claimant); and 22
(d) state the names and residential addresses of all persons injured in 23
the accident (as far as known to the intending claimant); and 24
(e) state the names and residential addresses of all persons who 25
witnessed the accident (as far as known to the intending claimant); 26
and 27
(f) state the general nature of the personal injury to the intending 28
claimant.'. 29
s 19 26 s 19
Motor Accident Insurance Amendment
of s 37 (Notice to be given by claimant) 1
Replacement
Clause 19. Section 37-- 2
omit, insert-- 3
of accident claim 4
`Notice
`37.(1) Before bringing an action in a court for damages for personal 5
injury arising out of a motor vehicle accident, a claimant must give written 6
notice of the motor vehicle accident claim to the insurer or 1 of the insurers, 7
against which the action is to be brought-- 8
(a) containing a statement of the information required under a 9
regulation; and 10
(b) authorising the insurer to have access to records and sources of 11
information relevant to the claim specified under a regulation; and 12
(c) accompanied by the documents required under a regulation. 13
`(2) The notice must be given-- 14
(a) if it is to be given to the Nominal Defendant because the motor 15
vehicle can not be identified--within 3 months after the motor 16
vehicle accident; or 17
(b) in any other case--within the period ending on the earlier of the 18
following dates-- 19
(i) 9 months after the motor vehicle accident or, if symptoms of 20
the injury are not immediately apparent, the first appearance 21
of symptoms of the injury; 22
(ii) 1 month after the claimant first consults a lawyer about the 23
possibility of making a claim. 24
`(3) If notice of a motor vehicle accident claim is not given within the 25
time fixed by this section, the obligation to give the notice continues and a 26
reasonable excuse for the delay must be given in the notice or by separate 27
notice to the insurer but, if a motor vehicle can not be identified and the 28
notice is not given to the Nominal Defendant within 9 months after the 29
motor vehicle accident, the claim against the Nominal Defendant is barred. 30
`(4) If 2 or more motor vehicles were involved in the motor vehicle 31
accident, the insurer to which notice is given under subsection (1) must, 32
s 20 27 s 20
Motor Accident Insurance Amendment
within 7 days after receiving it, give a copy of the notice to any other insurer 1
of a motor vehicle involved in the motor vehicle accident. 2
information form 3
`Additional
`37A.(1) An insurer to whom notice of a motor vehicle accident claim is 4
given may ask the claimant to provide additional information about the 5
claim and the circumstances out of which it arises. 6
`(2) The information must be provided in a form approved by the 7
commission (an "additional information form") to be completed and 8
returned to the insurer. 9
`(3) The claimant must complete and return an additional information 10
form to the insurer-- 11
(a) if the claim relates to a motor vehicle that can not be identified and 12
the request is made by the Nominal Defendant--within the period 13
ending on the later of the following dates-- 14
(i) 3 months after the motor vehicle accident; 15
(ii) 1 month after the date of the request; or 16
(b) in any other case--within the period ending on the later of the 17
following dates-- 18
(i) 9 months after the motor vehicle accident or, if symptoms of 19
the injury are not immediately apparent, the first appearance 20
of symptoms of the injury; 21
(ii) 1 month after the date of the request.'. 22
of s 39 (Response to notice of claim) 23
Amendment
Clause 20.(1) Section 39(1), (2) and (3)-- 24
omit, insert-- 25
`39.(1) If notice of a motor vehicle accident claim is given to an insurer 26
under this division or purportedly under this division-- 27
(a) the insurer must, within 14 days after receiving the notice give the 28
claimant written notice-- 29
s 20 28 s 20
Motor Accident Insurance Amendment
(i) stating whether the insurer is satisfied that the notice has 1
been given as required under this division; and 2
(ii) if the insurer is not satisfied--identifying the noncompliance 3
and stating whether the insurer waives compliance with the 4
requirements; and 5
(iii) if the insurer does not waive compliance with the 6
requirements--allowing the claimant a reasonable period (at 7
least 1 month) specified in the notice either to satisfy the 8
insurer that the claimant has in fact complied with the 9
requirements or to take reasonable action specified in the 10
notice to remedy the noncompliance; and 11
(iv) stating whether the insurer is prepared (without admitting 12
liability) to meet the reasonable and appropriate cost of the 13
claimant's rehabilitation; and 14
(b) if the insurer is not prepared to waive compliance with the 15
requirements in the first instance--the insurer must, within 16
14 days after the end of the period specified under 17
paragraph (a)(iii), give the claimant a written notice-- 18
(i) stating that the insurer is satisfied the claimant has complied 19
with the relevant requirements, is satisfied with the action 20
taken by the claimant to remedy the noncompliance or 21
waives the noncompliance in any event; or 22
(ii) stating that the insurer is not satisfied that the claimant has 23
taken reasonable action to remedy the noncompliance, giving 24
full particulars of the noncompliance and the claimant's 25
failure to remedy it. 26
`(2) If an insurer to which notice of a motor vehicle accident claim is 27
given under this division or purportedly under this division is not, for the 28
purposes of the claim the insurer of the motor vehicle to which the claim 29
relates under the statutory insurance scheme, the insurer must, instead of 30
responding to the notice under subsection (1), give the claimant written 31
notice denying that the insurer is the insurer under the statutory insurance 32
scheme. 33
`(3) If notice of a motor vehicle accident claim is given to an insurer 34
under this division or purportedly under this division, and the insurer does 35
s 21 29 s 21
Motor Accident Insurance Amendment
not respond to the notice within 14 days after receiving it, the insurer is 1
conclusively presumed to be satisfied the notice was given as required under 2
this division.'. 3
(2) Section 39(5) and (6)-- 4
omit, insert-- 5
`(5) A claimant's failure to give notice of a motor vehicle accident claim 6
as required under this division prevents the claimant from proceeding 7
further with the claim unless-- 8
(a) the insurer-- 9
(i) has stated that the insurer is satisfied notice has been given as 10
required under this division or the claimant has taken 11
reasonable action to remedy the noncompliance; or 12
(ii) is presumed to be satisfied notice has been given as required 13
under this division; or 14
(b) the insurer has waived compliance with the requirement; or 15
(c) the court, on application by the claimant-- 16
(i) declares that the claimant has remedied the noncompliance; 17
or 18
(ii) authorises further proceedings based on the claim despite the 19
noncompliance. 20
`(6) An order of the court under subsection (5)(c) may be made on 21
conditions the court considers necessary or appropriate to minimise 22
prejudice to an insurer from the claimant's failure to comply with 23
requirements of this division.'. 24
of s 41 (Insurer must attempt to resolve claim) 25
Amendment
Clause 21.(1) Section 41(1)(b)(ii) and (iii)-- 26
omit, insert-- 27
`(ii) if contributory negligence is claimed--the degree of the 28
contributory negligence expressed as a percentage; and'. 29
s 22 30 s 23
Motor Accident Insurance Amendment
(2) Section 41(7)-- 1
omit. 2
of s 42 (Payment of medical expenses etc.) 3
Amendment
Clause 22. Section 42(1)-- 4
omit, insert-- 5
`42.(1) Once liability has been admitted, it is the duty of the insurer to 6
make payments to or for the claimant for private hospital, medical and 7
pharmaceutical expenses reasonably and appropriately incurred because of 8
the injury or a proportionate part of the expenses reflecting the extent of the 9
insurer's responsibility (assuming the claimant to be guilty of contributory 10
negligence as asserted by the insurer).'. 11
of s 45 (Duty of claimant to cooperate with insurer) 12
Amendment
Clause 23.(1) Section 45(1) and (2)-- 13
omit, insert-- 14
`45.(1) A claimant must cooperate with the insurer and, in particular-- 15
(a) must provide the insurer with copies of reports and other 16
documentary material (including written statements made by the 17
claimant or by witnesses) in the claimant's possession about the 18
circumstances of the accident or the claimant's medical condition 19
or prospects of rehabilitation; and 20
(b) must give information reasonably requested by the insurer 21
about-- 22
(i) the circumstances of the accident out of which the claim 23
arose; and 24
(ii) the nature of the injuries resulting from the accident and of 25
any consequent disabilities and financial loss; and 26
(iii) if applicable--the medical treatment and rehabilitation 27
services the claimant has sought or obtained; and 28
(iv) the claimant's medical history (as far as it is relevant to the 29
claim), and any other claims for compensation for personal 30
s 24 31 s 24
Motor Accident Insurance Amendment
injury made by the claimant. 1
`(2) The claimant must-- 2
(a) provide the copies of reports and other documentary materials 3
within 1 month after giving notice of the motor vehicle accident 4
claim or, if the reports or material come into the claimant's 5
possession later, within 1 month after they come into the 6
claimant's possession; and 7
(b) respond to a request under subsection (1)(b) within 1 month after 8
receiving it.'. 9
(2) Section 45(4), (5) and (6)-- 10
omit. 11
of new s 45A 12
Insertion
Clause 24. After section 45-- 13
insert-- 14
of recognised medical experts 15
`Panels
`45A.(1) The commission-- 16
(a) may establish a panel of experts for reporting on the medical 17
condition of claimants and their prospects of rehabilitation (the 18
"official panel of medical experts"); and 19
(b) may revise the membership of the panel from time to time by 20
adding to, or removing, the names of the experts who constitute 21
the panel. 22
`(2) In deciding on the composition of the panel, the commission-- 23
(a) must consult with the professional bodies with which consultation 24
is required under a regulation; and 25
(b) may only include an expert on the panel if-- 26
(i) the expert's inclusion is endorsed by the relevant 27
professional bodies; or 28
(ii) the commission is satisfied there is good reason for 29
s 25 32 s 26
Motor Accident Insurance Amendment
inclusion of the expert on the panel despite the absence of 1
endorsement by the relevant professional bodies.'. 2
of s 46 (Claimant and insurer may jointly arrange for 3
Amendment
expert report) 4
Clause 25. Section 46(5)-- 5
omit. 6
of new ss 46A and 46B 7
Insertion
Clause 26. After section 46-- 8
insert-- 9
of claimant by medical expert in absence of agreement 10
`Examination
between the parties 11
`46A.(1) This section applies if the insurer wants to obtain an expert 12
report on the claimant's medical condition or prospects of rehabilitation but 13
fails to obtain the claimant's agreement. 14
`(2) The claimant must comply with a request by the insurer to undergo, 15
at the insurer's expense-- 16
(a) a medical examination by a doctor to be selected by the claimant 17
from a panel of at least 3 doctors nominated in the request; or 18
(b) an assessment of cognitive, functional or vocational capacity by 19
an expert to be selected by the claimant from a panel of at least 20
3 experts with appropriate qualifications and experience 21
nominated by the insurer in the request. 22
`(3) However, a claimant is not obliged to undergo an examination under 23
this section if it is unreasonable or unnecessarily repetitious. 24
`(4) A panel of doctors or other experts nominated under subsection (2) 25
may (but need not) include doctors or other experts from the official panel 26
of medical experts. 27
`(5) If 3 doctors or experts with appropriate qualifications and experience 28
are not available for inclusion on a panel under subsection (2), the number 29
on the panel may be reduced to 2. 30
s 27 33 s 27
Motor Accident Insurance Amendment
of obtaining expert reports where reports obtained by 1
`Costs
agreement 2
`46B.(1) If an expert report is obtained by agreement between the 3
claimant and the insurer, and the claimant is liable for the cost of obtaining 4
the report, the insurer must, at the claimant's request, reimburse the 5
claimant for the reasonable cost of obtaining the report. 6
`(2) However, a claimant's right to reimbursement under this section is 7
subject to the terms of any agreement between the claimant and the insurer. 8
`(3) If the insurer is entitled to costs, the costs may (subject to the rules 9
on which costs are to be awarded) include the cost of reimbursing the 10
claimant for the cost of obtaining an expert report or expert reports under 11
this section.'. 12
of s 50 (Court's power to enforce compliance with 13
Replacement
Division) 14
Clause 27. Section 50-- 15
omit, insert-- 16
`Division 4A--Enforcement of divisions 2, 3 and 4 17
power to enforce compliance with divs 2, 3 and 4 18
`Court's
`50.(1) If a claimant fails to comply with a duty imposed under 19
division 2, 3 or 4, the court may, on the insurer's application, order the 20
claimant to take specified action to remedy the default within a time 21
specified by the court. 22
`(2) If an insurer fails to comply with a duty imposed under division 3 or 23
4, the court may, on the claimant's application, order the insurer to take 24
specified action to remedy the default within a time specified by the court. 25
`(3) The court may make consequential or ancillary orders.'. 26
s 28 34 s 28
Motor Accident Insurance Amendment
of s 51 (Obligation to provide rehabilitation services) 1
Amendment
Clause 28.(1) Section 51(3) and (4)-- 2
omit, insert-- 3
`(3) Once liability has been admitted on a claim, or the insurer has agreed 4
to fund rehabilitation services without making an admission of liability, the 5
insurer must, at the claimant's request, ensure that reasonable and 6
appropriate rehabilitation services are made available to the claimant. 7
`(4) If the insurer intends to ask the court to take the cost of rehabilitation 8
services into account in the assessment of damages, the insurer must, before 9
providing the rehabilitation services, give the claimant a written estimate of 10
the cost of the rehabilitation services and a statement explaining how, and to 11
what extent, the assessment of damages is likely to be affected by the 12
provision of the rehabilitation services.'. 13
(2) Section 51(5)-- 14
omit, insert-- 15
`(5) The claimant may, if not satisfied that the rehabilitation services 16
made available under this section are reasonable and appropriate-- 17
(a) apply to the commission to appoint a mediator to help resolve the 18
questions between the claimant and the insurer; or 19
(b) apply to the court to decide what rehabilitation services are, in the 20
circumstances of the case, reasonable and appropriate. 21
`(5A) An application for appointment of a mediator under 22
subsection (5)(a) must-- 23
(a) be made in writing; and 24
(b) give details of any attempts made by the applicant to resolve the 25
matter in dispute. 26
`(5B) The fees and expenses of a mediator appointed under 27
subsection (5)(a) are to be paid as agreed between the parties or, in the 28
absence of agreement, by the parties in equal proportions. 29
`(5C) An application may be made to the court under subsection (5)(b) 30
whether or not there has been an earlier attempt to resolve the questions 31
between the claimant and the insurer by mediation. 32
s 28 35 s 28
Motor Accident Insurance Amendment
`(5D) On an application under subsection (5)(b), the court may decide 1
what rehabilitation services are, in the circumstances of the case, reasonable 2
and appropriate and make consequential orders and directions.'. 3
(3) Section 51(6), (7) and (8)-- 4
omit, insert-- 5
`(6) The insurer must bear (or reimburse) the cost of providing 6
rehabilitation services under this section unless the insurer's liability is 7
reduced-- 8
(a) by agreement with the claimant; or 9
(b) by order of the court under subsection (8). 10
`(7) The insurer may, if of the opinion that the cost of rehabilitation 11
services is unreasonable-- 12
(a) apply to the commission to appoint a mediator to help resolve the 13
questions between the claimant and the insurer; or 14
(b) apply to the court to decide what rehabilitation services are, in the 15
circumstances of the case, reasonable and appropriate or to decide 16
to what extent the insurer should contribute to the cost of 17
rehabilitation services. 18
`(7A) An application for appointment of a mediator under 19
subsection (7)(a) must-- 20
(a) be made in writing; and 21
(b) give details of any attempts made by the applicant to resolve the 22
matter in dispute. 23
`(7B) The fees and expenses of a mediator appointed under 24
subsection (7)(a) are to be paid as agreed between the parties or, in the 25
absence of agreement, by the parties in equal proportions. 26
`(7C) An application may be made to the court under subsection (7)(b) 27
whether or not there has been an earlier attempt to resolve the questions 28
between the insurer and the claimant by mediation. 29
`(8) On an application under subsection (7)(b), the court may decide the 30
questions raised on the application and make consequential orders and 31
directions.'. 32
s 28 36 s 28
Motor Accident Insurance Amendment
(4) Section 51(9)-- 1
omit, insert-- 2
`(9) The cost to the insurer of providing rehabilitation services under this 3
section is to be taken into account in the assessment of damages on the 4
claim if (and only if) the insurer gave a statement to the claimant, as 5
required under subsection (4), explaining how and to what extent the 6
assessment of damages was likely to be affected by the provision of the 7
rehabilitation services. 8
`(9A) If the cost of rehabilitation services is to be taken into account in 9
the assessment of damages, the cost is taken into account as follows-- 10
(a) the claimant's damages are first assessed (without reduction for 11
contributory negligence) on the assumption that the claimant has 12
incurred the cost of the rehabilitation services as a result of the 13
injury suffered in the accident; 14
(b) any reduction to be made on account of contributory negligence is 15
then made; 16
(c) the total cost of rehabilitation services is then set off against the 17
amount assessed. 18
19
Example--
20
Suppose that responsibility for a motor vehicle accident is apportioned equally
21
between the claimant and the insurer. Damages (exclusive of the cost of
22
rehabilitation) before apportionment are fixed at $20 000. The insurer has spent
23
$5 000 on rehabilitation services. In this case, the claimant's damages will be
24
assessed under paragraph (a) at $25 000 (that is, as if the claimant had incurred
25
the $5 000 rehabilitation expense) and reduced to $12 500 under paragraph (b),
26
and the $5 000 spent by the insurer on rehabilitation will be set off against this
27
amount, resulting in a final award of $7 500.'.
s 29 37 s 29
Motor Accident Insurance Amendment
of new pt 4, div 5A 1
Insertion
Clause 29. After section 51-- 2
insert-- 3
`Division 5A--Compulsory conference 4
conference 5
`Compulsory
`51A.(1) Before the claimant brings an action in a court for damages for 6
personal injury arising out of a motor vehicle accident, there must be a 7
conference of the parties (the "compulsory conference"). 8
`(2) Either party may call the compulsory conference-- 9
(a) at a time and place agreed between both parties; or 10
(b) if the relevant date has passed--at a reasonable time and place 11
nominated by the party calling the conference. 12
`(3) For subsection (2)(b), the relevant date is-- 13
(a) the date falling 6 months after the claimant gave notice to the 14
insurer of the claim; or 15
(b) if the insurer required additional information, the later of the 16
following-- 17
(i) the date falling 6 months after the claimant gave notice to the 18
insurer of the claim; 19
(ii) the date falling 1 month after the claimant gave the insurer 20
the completed additional information form. 21
`(4) The parties may for good reason dispense with the compulsory 22
conference by agreement. 23
`(5) The court may, on application by a party-- 24
(a) fix the time and place for the compulsory conference; or 25
(b) dispense with the compulsory conference for good reason; 26
and make any other orders the court considers appropriate in the 27
circumstances. 28
`(6) In considering whether to dispense with the compulsory conference, 29
s 29 38 s 29
Motor Accident Insurance Amendment
the court must take into account the extent of compliance by the parties with 1
their respective obligations related to the claim. 2
at conference 3
`Procedure
`51B.(1) The compulsory conference may be held with a mediator if both 4
parties agree. 5
`(2) An agreement that the compulsory conference is to be held with a 6
mediator must specify how the costs of the mediation are to be borne. 7
`(3) The mediator must be a person independent of the parties-- 8
(a) agreed to by the parties; or 9
(b) nominated by the registrar of the court on application under 10
subsection (4). 11
`(4) If the parties are unable to agree on the appointment of a mediator 12
within 30 days after the date for the compulsory conference is fixed, either 13
party may apply to the registrar of the court for the nomination of a 14
mediator. 15
`(5) At least 7 days before the compulsory conference is held, each party 16
must give the other party-- 17
(a) copies of all documents not yet given to the other party that are 18
relevant to the claim; and 19
(b) a statement verifying that all relevant documents in the possession 20
of the party or the party's lawyer have been given as required; and 21
(c) details of the party's legal representation; and 22
(d) if the party has legal representation--a certificate (a "certificate of 23
readiness") signed by the party's lawyer to the effect that the 24
party is ready for trial. 25
`(6) A certificate of readiness must state that-- 26
(a) the party is in all respects ready for the conference and the trial; 27
and 28
(b) all investigative material required for the trial has been obtained 29
(including witness statements from persons, other than expert 30
witnesses, the party intends to call as witnesses at the trial); and 31
s 29 39 s 29
Motor Accident Insurance Amendment
(c) medical or other expert reports have been obtained from all 1
persons the party proposes to call as expert witnesses at the trial; 2
and 3
(d) the party has fully complied with the party's obligations to give 4
the other parties material relevant to the claim; and 5
(e) the party's lawyer has given the party a statement (a "costs 6
statement") containing the information required under 7
subsection (7). 8
`(7) A costs statement must contain-- 9
(a) details of the legal costs payable by the party to the party's lawyer 10
up to the completion of the conference; and 11
(b) an estimate of the party's likely legal costs if the claim proceeds to 12
trial and is determined by the court; and 13
(c) a statement of the consequences to the party, in terms of costs, in 14
each of the following cases-- 15
(i) if the amount of the damages awarded by the court is equal 16
to, or more than, the claimant's mandatory final offer; 17
(ii) if the amount of the damages awarded by the court is less 18
than the claimant's mandatory final offer but equal to, or 19
more than, the insurer's mandatory final offer; 20
(iii) if the amount of the damages awarded by the court is equal 21
to, or less than, the insurer's mandatory final offer. 22
`(8) The court may, on application by a party, exempt the party from an 23
obligation to give or disclose material to another party before trial if satisfied 24
that disclosure would alert a person reasonably suspected of fraud to the 25
suspicion or that there is some other good reason why the material should 26
not be disclosed. 27
`(9) Each of the following is a conference participant-- 28
(a) the claimant or the claimant's guardian; 29
(b) a person authorised by the insurer to settle the claim on the 30
insurer's behalf. 31
`(10) Each conference participant must (unless he or she has a reasonable 32
excuse) attend the compulsory conference and actively participate in an 33
s 29 40 s 29
Motor Accident Insurance Amendment
attempt to settle the claim. 1
`(11) The compulsory conference may be conducted, if the parties agree, 2
by telephone, closed-circuit television or another form of communication 3
allowing contemporaneous and continuous communication between the 4
parties. 5
`(12) The parties may, by agreement, change the time or place for 6
holding a compulsory conference or adjourn a compulsory conference from 7
time to time and from place to place. 8
to exchange mandatory final offers if claim not settled at 9
`Parties
compulsory conference 10
`51C.(1) If a motor vehicle accident claim is not settled at the 11
compulsory conference, each party must (unless the court has dispensed 12
with this obligation) exchange written final offers-- 13
(a) at the conference; or 14
(b) if the conference has been dispensed with--within 14 days after 15
the date of the agreement or order dispensing with the conference. 16
`(2) A written final offer required under subsection (1) is called a 17
"mandatory final offer". 18
`(3) A mandatory final offer for $50 000 or less is to be exclusive of 19
costs. 20
`(4) If a mandatory final offer is for more than $30 000 but not more 21
than $50 000, and is accepted, costs are to be calculated and paid on a basis 22
(but subject to limits) stated under a regulation. 23
`(5) Even though an insurer denies liability altogether, the insurer must 24
nevertheless make a mandatory final offer but, in that event, the offer is to 25
be expressed as an offer of $nil. 26
`(6) A mandatory final offer must remain open for 14 days and 27
proceedings must not be started while the offer remains open. 28
`(7) If the claimant brings a proceeding in a court based on a motor 29
vehicle accident claim, the claimant must, at the start of the proceeding, file 30
at the court a sealed envelope containing a copy of the claimant's mandatory 31
final offer. 32
s 29 41 s 29
Motor Accident Insurance Amendment
`(8) The insurer must, before or at the time of filing a defence, file at the 1
court a sealed envelope containing a copy of the insurer's mandatory final 2
offer. 3
`(9) The court must not read the mandatory final offers until it has 4
decided the claim. 5
`(10) However, the court must (where relevant) have regard to the 6
mandatory final offers in making a decision about costs. 7
`(11) The court may, on application by a party, dispense with the 8
obligation to make mandatory final offers. 9
for bringing action 10
`Time
`51D.(1) An action for damages should be started in the court-- 11
(a) within 60 days after the conclusion of the compulsory conference; 12
or 13
(b) within a further period-- 14
(i) agreed by the parties within the 60-day period mentioned in 15
paragraph (a); or 16
(ii) fixed by the court on an application made by the claimant 17
within the 60-day period mentioned in paragraph (a). 18
`(2) If the parties or the court dispenses with the compulsory conference, 19
an action for damages should be started in the court-- 20
(a) within 60 days after the later of the following-- 21
(i) the date falling 6 months after the date on which the claimant 22
gives notice to the insurer of the claim or if the insurer asks 23
for additional information, the date on which the claimant 24
gives the insurer the completed additional information form; 25
(ii) the date of the agreement or order dispensing with the 26
conference; or 27
(b) within a further period-- 28
(i) agreed by the parties within the 60-day period mentioned in 29
paragraph (a); or 30
(ii) fixed by the court on an application made by the claimant 31
s 30 42 s 31
Motor Accident Insurance Amendment
within the 60-day period mentioned in paragraph (a). 1
`(3) However, if the court dispenses with the obligation to make 2
mandatory final offers, an action for damages should be started in the court 3
within a period fixed by the court when giving the dispensation or later. 4
`(4) The expiry of the time within which an action should be started 5
under subsection (1), (2) or (3) does not prevent the claimant from starting 6
the action but-- 7
(a) the court may (unless the claimant establishes a reasonable excuse 8
for the delay) order the claimant to pay, in any event, the insurer's 9
costs arising out of the delay; and 10
(b) the court may, on the insurer's application, make an order fixing a 11
time limit within which the action must be started. 12
`(5) If the claimant fails to start an action in the court within a time limit 13
fixed under subsection (4)(b), the claim is barred.'. 14
of new s 52B 15
Insertion
Clause 30. After section 52A-- 16
insert-- 17
of summary judgment on the basis of admissions 18
`Exclusion
`52B.(1) In an action for damages for personal injury arising out of a 19
motor vehicle accident, summary judgment is not to be given on the basis 20
of the defendant's admissions. 21
`(2) However, this section does not prevent a court from giving a 22
judgment by consent.'. 23
of s 55 (Awards of exemplary damages) 24
Amendment
Clause 31.(1) Section 55, heading, after `exemplary'-- 25
insert-- 26
`, punitive or aggravated'. 27
s 32 43 s 32
Motor Accident Insurance Amendment
(2) Section 55, `exemplary or punitive'-- 1
omit, insert-- 2
`exemplary, punitive or aggravated'. 3
of new ss 55A-55F 4
Insertion
Clause 32. After section 55-- 5
insert-- 6
for loss of earnings or earning capacity 7
`Damages
`55A.(1) In assessing damages for loss of earnings or loss of earning 8
capacity, the court must disregard earnings or prospective earnings above 9
the limit fixed by subsection (2). 10
`(2) The limit is a rate of 3 times average weekly earnings per week. 11
rate to be applied in calculating the present value of future 12
`Discount
loss 13
`55B. If-- 14
(a) a claimant is to be compensated for future expenditure or loss; 15
and 16
(b) an actuarial multiplier is to be used to calculate the present value 17
of future loss; 18
a discount rate of 5% is to be applied in determining the actuarial multiplier. 19
for loss of consortium or loss of servitium 20
`Damages
`55C.(1) A court must not award damages for loss of consortium or loss 21
of servitium unless-- 22
(a) the injured person died as a result of injuries suffered in the motor 23
vehicle accident; or 24
(b) general damages for the injured person are assessed (before 25
allowing for contributory negligence) at $30 000 or more. 26
`(2) The court must not assess damages for loss of servitium above the 27
s 32 44 s 32
Motor Accident Insurance Amendment
limit fixed by subsection (3). 1
`(3) The limit is 3 times average weekly earnings per week. 2
for gratuitous services 3
`Damages
`55D.(1) Damages are not to be awarded for gratuitous services unless-- 4
(a) the services are necessary; and 5
(b) the need for the services arose out of the personal injury suffered 6
in the motor vehicle accident. 7
`(2) Damages are not to be awarded for gratuitous services if gratuitous 8
services of the same kind were being provided for the injured person before 9
the date of the motor vehicle accident. 10
`(3) Damages are not to be awarded for gratuitous services replacing 11
services the injured person provided, or would have provided if the injury 12
had not occurred, for others outside the injured person's household. 13
`(4) In assessing damages for gratuitous services, a court must take into 14
account-- 15
(a) any offsetting benefit the service provider obtains through 16
providing the services; and 17
(b) periods for which the injured person has not required or is not 18
likely to require the services because the person has been or is 19
likely to be cared for in a hospital or other institution. 20
21
`Interest
`55E.(1) Interest awarded on damages compensating past monetary 22
loss-- 23
(a) must not exceed interest at the appropriate rate; and 24
(b) must be related in an appropriate way to the period over which the 25
loss was incurred. 26
`(2) The appropriate rate is the rate for 10 year Treasury bonds published 27
by the Reserve Bank of Australia under `Interest rates and yields--capital 28
market' as at the beginning of the quarter in which the award of interest is 29
made. 30
s 32 45 s 32
Motor Accident Insurance Amendment
1
Example--
2
Suppose that past monetary loss consists of medical expenses which have been
3
incurred at a uniform rate over a certain period. The interest to be awarded would
4
be calculated in accordance with the following formula--
5
A = am/100 x p x 0.5
6
where--
7
"A" is the amount of the award of interest.
8
"a" is a percentage rate decided by the court subject to the limit fixed in
9
subsection (2).
10
"m" is the aggregate of the medical expenses.
11
"p" is the period over which the medical expenses have been incurred (expressed
12
in years).
in cases involving relatively small awards of damages 13
`Costs
`55F.(1) This section applies if a court awards $50 000 or less in 14
damages in a proceeding based on a motor vehicle accident claim (but it 15
does not apply to the costs of an appellate proceeding). 16
`(2) If the court awards $30 000 or less, the court must apply the 17
following principles-- 18
(a) if the amount awarded is less than the claimant's mandatory final 19
offer but more than the insurer's mandatory final offer, no costs 20
are to be awarded; 21
(b) if the amount awarded is equal to, or more than, the claimant's 22
mandatory final offer, costs are to be awarded to the claimant on 23
an indemnity basis as from the date on which the proceedings 24
started (but no award is to be made for costs up to that date); 25
(c) if the amount awarded is equal to, or less than, the insurer's 26
mandatory final offer, costs are to be awarded to the insurer on a 27
standard basis as from the date on which the proceedings started 28
(but no award is to be made for costs up to that date). 29
`(3) If the court awards more than $30 000 but not more than $50 000 in 30
damages, the court must apply the following principles-- 31
(a) if the amount awarded is less than the claimant's mandatory final 32
offer but more than the insurer's mandatory final offer, costs are 33
s 32 46 s 32
Motor Accident Insurance Amendment
to be awarded to the claimant on a standard basis up to a 1
maximum of $2 500; 2
(b) if the amount awarded is equal to, or more than, the claimant's 3
mandatory final offer, costs are to be awarded to the claimant on 4
the following basis-- 5
(i) costs up to the date on which the proceedings started are to 6
be awarded on a standard basis up to a limit of $2 500; 7
(ii) costs on or after the date on which the proceedings started 8
are to be awarded on an indemnity basis; 9
(c) if the amount awarded is equal to, or less than, the insurer's 10
mandatory final offer, costs are to be awarded on the following 11
basis-- 12
(i) costs up to the date on which the proceedings started are to 13
be awarded to the claimant on a standard basis up to a limit 14
of $2 500; 15
(ii) costs on or after the date on which the proceedings started 16
are to be awarded to the insurer on a standard basis. 17
`(4) Despite the limitations imposed by this section, the court may make 18
an award of costs to compensate a party for costs resulting from a failure by 19
another party to comply with procedural obligations under this part. 20
`(5) The court must not award costs to a party related to the introduction 21
of evidence by the party that is unnecessarily repetitive. 22
23
Example--
24
If a claimant calls 2 or more expert witnesses from the same area of expertise to
25
give evidence to substantially the same effect, and the claimant is entitled to
26
costs of action under the principles laid down in this section, the court will only
27
allow costs related to 1 of the expert witnesses.
`(6) Unless an award of damages is affected by factors that were not 28
reasonably foreseeable at the time of the exchange of mandatory final offers, 29
the court must not award costs to a party related to investigations or 30
gathering of evidence by the party after-- 31
(a) the conclusion of the compulsory conference; or 32
(b) if the parties or the court dispenses with a compulsory 33
conference--the date when the parties completed the exchange of 34
s 33 47 s 34
Motor Accident Insurance Amendment
mandatory final offers. 1
`(7) If an award of damages is affected by factors that were not 2
reasonably foreseeable by a party at the time of making the party's 3
mandatory final offer, the court may, if satisfied that it is just to do so, make 4
an order for costs under subsection (2) or (3) as if the reference to a 5
mandatory final offer in the relevant subsection were a reference to a later 6
offer made in the light of the factors that became apparent after the parties 7
completed the exchange of mandatory final offers. 8
9
Example--
10
Suppose that a claimant's medical condition suddenly and unexpectedly
11
deteriorates after the date of the final offers and the court makes a much higher
12
award of damages than would have been reasonably expected at that time. In that
13
case, the court may ignore the mandatory final offers and award costs on the basis
14
of later offers of settlement.'.
of s 57 (Alteration of period of limitation) 15
Amendment
Clause 33. Section 57(2)-- 16
omit, insert-- 17
`(2) However, the proceeding may only be brought after the end of the 18
period of limitation if it is brought within-- 19
(a) 6 months after the notice is given or leave to bring the proceeding 20
is granted; or 21
(b) a longer period allowed by the court.'. 22
of new pt 4, div 6A 23
Insertion
Clause 34. After section 57-- 24
insert-- 25
6A--Extraterritorial operation of limitation of liability 26
`Division
of limitation of liability to foreign awards 27
`Application
`57A.(1) This section applies to motor vehicle accident claims arising out 28
of motor vehicle accidents in Queensland. 29
s 35 48 s 35
Motor Accident Insurance Amendment
`(2) It is Parliament's intention that the limits on liability for damages for 1
personal injury arising out of motor vehicle accidents-- 2
(a) are to apply (to the full extent of the Parliament's extraterritorial 3
legislative capacity) whether damages are assessed in Queensland 4
or elsewhere; and 5
(b) are to be regarded by courts within and outside Queensland as 6
substantive (rather than procedural) provisions. 7
`(3) If a claimant, by proceeding in a court outside Queensland, recovers 8
damages in excess of the amount that could have been recovered if the 9
limits on liability referred to in subsection (2) had been applied, the person 10
liable to pay the damages may recover from the claimant the amount by 11
which the amount of the damages exceeds the amount that would have been 12
recovered if the action had been brought in Queensland.'. 13
of s 58 (Insurer's rights of recourse) 14
Amendment
Clause 35. Section 58(3)-- 15
omit, insert-- 16
`(3) If-- 17
(a) personal injury arises out of a motor vehicle accident; and 18
(b) the insured person was, at the time of the accident, the driver of 19
the motor vehicle; and 20
(c) the insured person was, at the time of the accident, unable to 21
exercise effective control of the motor vehicle because of the 22
consumption of-- 23
(i) alcohol; or 24
(ii) a non-medicinal drug or a combination of non-medicinal 25
drugs; or 26
(iii) a combination of alcohol and a non-medicinal drug or 27
non-medicinal drugs; 28
the insurer may recover, as a debt, from the insured person any costs 29
reasonably incurred by the insurer on a claim for personal injury that are 30
reasonably attributable to the insured person's inability to exercise effective 31
control of the motor vehicle.'. 32
s 36 49 s 39
Motor Accident Insurance Amendment
of new s 60A 1
Insertion
Clause 36. After section 60-- 2
insert-- 3
to information etc. 4
`Access
`60A. The Nominal Defendant is entitled to have access to information 5
and materials in the possession of any department, agency or 6
instrumentality of the State or any local government that may be relevant to 7
the recovery of amounts the Nominal Defendant is entitled to recover under 8
this part.'. 9
of s 62 (Application for licence) 10
Amendment
Clause 37. Section 62(7)-- 11
omit. 12
of s 64 (Conditions of licence) 13
Amendment
Clause 38. Section 64(3)-- 14
omit. 15
of s 67 (Effect of withdrawal or suspension on existing 16
Amendment
liabilities etc.) 17
Clause 39. Section 67(5)-- 18
omit, insert-- 19
`(5) This section is subject to the following qualifications where a licence 20
is withdrawn on the transfer, or because of the transfer, of CTP insurance 21
business under part 3, division 53-- 22
(a) if the transferor's entire CTP business is transferred--this section 23
does not apply to the withdrawal of the licence; 24
3 Part 3 (Compulsory insurance), division 5 (Transfer of CTP business)
s 40 50 s 40
Motor Accident Insurance Amendment
(b) if part of the transferor's CTP business is transferred--this 1
section applies to the withdrawal subject to section 30(4).4'. 2
of new pt 5A 3
Insertion
Clause 40. After section 87-- 4
insert-- 5
`PART 5A--ENFORCEMENT 6
1--Authorised persons 7
`Division
of authorised person 8
`Appointment
`87A.(1) The commission may appoint a person as an authorised person 9
if the commission considers the person has the necessary expertise or 10
experience to be an authorised person. 11
`(2) Even though a person who is an officer or employee of transport 12
administration or who is subject to transport administration's administrative 13
control or supervision may have, in that capacity, some of the functions of 14
an authorised person under this part, the officer or employee is not to be 15
regarded as an authorised person unless appointed as an authorised person 16
by the commission. 17
and powers of authorised person 18
`Functions
`87B.(1) An authorised person has the following functions-- 19
(a) to monitor compliance with this Act; 20
(b) to investigate suspected offences against this Act; 21
(c) to investigate, at the commission's direction, claims against an 22
insurer, and liabilities that may be owed to an insurer, under this 23
Act. 24
`(2) An authorised person has the powers given to the person under this 25
4 Section 30 (Transfer of CTP business)
s 40 51 s 40
Motor Accident Insurance Amendment
Act or another Act. 1
`(3) An authorised person is subject to the commission's directions in 2
exercising the authorised person's powers. 3
`(4) The powers of an authorised person may be limited-- 4
(a) under a regulation; or 5
(b) under a condition of appointment; or 6
(c) by written notice given by the commission to the authorised 7
person. 8
person's employment conditions 9
`Authorised
`87C.(1) An authorised person holds office on the conditions stated in 10
the instrument of appointment. 11
`(2) An authorised person-- 12
(a) if the appointment provides for a term of appointment--ceases 13
holding office at the end of the term; and 14
(b) may resign by signed notice given to the commission; and 15
(c) if the conditions of office provide--ceases holding office as an 16
authorised person on ceasing to hold another office stated in the 17
appointment conditions (the "main office"). 18
`(3) However, an authorised person may not resign from the office of 19
authorised person (the "secondary office") if a term of the authorised 20
person's employment to the main office requires the authorised person to 21
hold the secondary office. 22
person's identity card 23
`Authorised
`87D.(1) The commission must give an identity card to each authorised 24
person. 25
`(2) The identity card must-- 26
(a) contain a recent photograph of the authorised person; and 27
(b) be signed by the authorised person; and 28
(c) identify the person as an authorised person for the commission; 29
s 40 52 s 40
Motor Accident Insurance Amendment
and 1
(d) include an expiry date; and 2
(e) be signed by the commissioner. 3
`(3) A person who ceases to be an authorised person must return the 4
person's identity card to the commission within 7 days after the person 5
ceases to be an authorised person, unless the person has a reasonable 6
excuse. 7
Maximum penalty--10 penalty units. 8
of authorised person's identity card 9
`Display
`87E.(1) An authorised person may exercise a power in relation to 10
someone else only if the authorised person-- 11
(a) first produces his or her identity card for the person's inspection; 12
or 13
(b) has the identity card displayed so it is clearly visible to the person. 14
`(2) However, if for any reason it is not practicable to comply with 15
subsection (1), the authorised person must produce the identity card for 16
inspection by the person at the first reasonable opportunity. 17
from liability 18
`Protection
`87F.(1) An authorised person does not incur civil liability for an act 19
done, or omission made, honestly and without negligence under this Act. 20
`(2) If subsection (1) prevents a civil liability attaching to an authorised 21
person, the liability attaches instead to the commission. 22
`Division 2--Powers of authorised persons 23
to require information 24
`Power
`87G.(1) This section applies if an authorised person believes on 25
reasonable grounds that a person has information, or documents providing 26
information, relevant to any of the following matters-- 27
s 40 53 s 40
Motor Accident Insurance Amendment
(a) a liability under the statutory insurance scheme; 1
(b) an entitlement under the statutory insurance scheme; 2
(c) an offence the authorised person reasonably believes has been 3
committed against this Act. 4
`(2) The authorised person may require the person to give the 5
information to, or produce the documents for inspection by, the authorised 6
person at a reasonable time and place nominated by the authorised person 7
and allow the authorised person to make a copy of the documents. 8
`(3) To avoid doubt, it is declared that under subsection (2), an authorised 9
person may require the information to be given, or the documents to be 10
produced immediately, at the place the requirement is made, if the 11
requirement is reasonable in the circumstances. 12
`(4) When making the requirement, the authorised person must warn the 13
person it is an offence to fail to give the information, or produce the 14
documents, unless the person has a reasonable excuse. 15
`(5) The person must comply with the requirement, unless the person has 16
a reasonable excuse for not complying with it. 17
Maximum penalty--50 penalty units. 18
`(6) A person has a reasonable excuse for failing to give the information 19
or produce the documents if-- 20
(a) the person would be entitled to refuse to give the information or 21
produce the document in a court proceeding on the ground that 22
giving the information or producing the documents would tend to 23
incriminate the person; or 24
(b) in the case of a requirement to produce documents--the cost of 25
producing the documents would, having regard to their 26
evidentiary value and any other relevant circumstances, be 27
unreasonable. 28
`(7) The person does not commit an offence against this section if the 29
information or documents sought by the authorised person are not in fact 30
relevant to a matter mentioned in subsection (1). 31
s 40 54 s 40
Motor Accident Insurance Amendment
for warrant 1
`Application
`87H.(1) An authorised person may apply to a magistrate for a warrant 2
for a place. 3
`(2) The application must be sworn and state the grounds on which the 4
warrant is sought. 5
`(3) The magistrate may refuse to consider the application until the 6
authorised person gives the magistrate all the information the magistrate 7
requires about the application in the way the magistrate requires. 8
9
Example--
10
The magistrate may require additional information supporting the application to be
11
given by statutory declaration.
of warrant 12
`Issue
`87I.(1) The magistrate may issue a warrant only if satisfied there are 13
reasonable grounds for suspecting-- 14
(a) there is a particular thing or activity (the "evidence") that may 15
provide evidence of an offence against this Act; and 16
(b) the evidence is at the place, or, within the next 7 days, may be at 17
the place. 18
`(2) The warrant must state-- 19
(a) that a stated authorised person may, with necessary and 20
reasonable help and force-- 21
(i) enter the place and any other place necessary for entry; and 22
(ii) exercise the authorised person's powers under this part; and 23
(b) the offence for which the warrant is sought; and 24
(c) the evidence that may be seized under the warrant; and 25
(d) the hours of the day or night when the place may be entered; and 26
(e) the date, within 14 days after the warrant's issue, the warrant 27
ends. 28
s 40 55 s 40
Motor Accident Insurance Amendment
warrants 1
`Special
`87J.(1) An authorised person may apply for a warrant (a "special 2
warrant") by phone, fax, radio or another form of communication if the 3
authorised person considers it necessary because of-- 4
(a) urgent circumstances; or 5
(b) other special circumstances, including, for example, the 6
authorised person's remote location. 7
`(2) Before applying for the special warrant, the authorised person must 8
prepare an application stating the grounds on which the warrant is sought. 9
`(3) The authorised person may apply for the special warrant before the 10
application is sworn. 11
`(4) After issuing the special warrant, the magistrate must immediately 12
fax a copy (a "facsimile warrant") to the authorised person if it is 13
reasonably practicable to fax the copy. 14
`(5) If it is not reasonably practicable to fax a copy to the authorised 15
person-- 16
(a) the magistrate must tell the authorised person-- 17
(i) what the terms of the special warrant are; and 18
(ii) the date and time the special warrant is issued; and 19
(b) the authorised person must complete a form of warrant (a 20
"warrant form") and write on it-- 21
(i) the magistrate's name; and 22
(ii) the date and time the magistrate issued the special warrant; 23
and 24
(iii) the terms of the special warrant. 25
`(6) The facsimile warrant, or the warrant form properly completed by 26
the authorised person, authorises the entry and the exercise of the other 27
powers stated in the special warrant issued. 28
`(7) The authorised person must, at the first reasonable opportunity, send 29
to the magistrate-- 30
(a) the sworn application; and 31
s 40 56 s 40
Motor Accident Insurance Amendment
(b) if the authorised person completed a warrant form--the 1
completed warrant form. 2
`(8) On receiving the documents, the magistrate must attach them to the 3
special warrant. 4
`(9) A court must find the exercise of the power by an authorised person 5
was not authorised by a special warrant if-- 6
(a) an issue arises in a proceeding before the court whether the 7
exercise of the power was authorised by a special warrant 8
mentioned in subsection (1); and 9
(b) the special warrant is not produced in evidence; and 10
(c) it is not proved by the person relying on the lawfulness of the 11
entry that the authorised person obtained the special warrant. 12
before entry 13
`Warrants--procedure
`87K.(1) This section applies if an authorised person named in a warrant 14
issued under this part for a place is intending to enter the place under the 15
warrant. 16
`(2) Before entering the place, the authorised person must do or make a 17
reasonable attempt to do the following things-- 18
(a) identify himself or herself to a person present at the place who is 19
an occupier of the place by producing a copy of the authorised 20
person's identity card or other document evidencing the 21
authorised person's appointment; 22
(b) give the person a copy of the warrant or if the entry is authorised 23
by a facsimile warrant or warrant form mentioned in 24
section 87J(6), a copy of the facsimile warrant or warrant form; 25
(c) tell the person the authorised person is permitted by the warrant to 26
enter the place; 27
(d) give the person an opportunity to allow the authorised person 28
immediate entry to the place without using force. 29
`(3) However, the authorised person need not comply with subsection (2) 30
if the authorised person believes on reasonable grounds that immediate 31
s 40 57 s 40
Motor Accident Insurance Amendment
entry to the place is required to ensure the effective execution of the warrant 1
is not frustrated. 2
to seize evidence 3
`Power
`87L.(1) An authorised person who enters a place with a warrant may 4
search for and seize the evidence for which the warrant was issued. 5
`(2) An authorised person may also seize another thing if the authorised 6
person believes on reasonable grounds-- 7
(a) the thing is evidence of an offence against this Act; and 8
(b) the seizure is necessary to prevent the thing being concealed, lost 9
or destroyed. 10
for seized things 11
`Receipt
`87M.(1) As soon as practicable after a thing is seized by an authorised 12
person, the authorised person must give a receipt for it to the person from 13
whom it was seized. 14
`(2) However, if for any reason it is not practicable to comply with 15
subsection (1), the authorised person must leave the receipt at the place of 16
seizure in a reasonably secure way and in a conspicuous position. 17
to seized things 18
`Access
`87N. Until a seized thing is returned or otherwise finally dealt with, an 19
authorised person must allow its owner-- 20
(a) to inspect it; or 21
(b) if it is a document--to make copies of it. 22
of seized thing 23
`Return
`87O.(1) The authorised person must return a seized thing to its owner at 24
the end of-- 25
(a) 6 months; or 26
(b) if a prosecution for an offence involving it is started within 27
s 40 58 s 40
Motor Accident Insurance Amendment
6 months--the prosecution and any appeal from the prosecution. 1
`(2) Despite subsection (1), the authorised person must return the seized 2
thing to its owner immediately the authorised person stops being satisfied 3
its retention as evidence is necessary. 4
`Division 3--Other enforcement matters 5
6
`Compensation
`87P.(1) A person may claim an amount by way of compensation if the 7
person incurs loss or expense because of the exercise or purported exercise 8
of a power under this part, including, for example, in complying with a 9
requirement made of the person under this part. 10
`(2) The amount may be claimed from the commission. 11
`(3) Payment of the amount may be claimed and ordered-- 12
(a) in civil proceeding for a debt; or 13
(b) in a proceeding for an offence against this Act brought against the 14
person making the claim for the amount. 15
`(4) A court may order the payment of the amount for the loss or 16
expense only if it is satisfied it is just to make the order in the circumstances 17
of the particular case. 18
`(5) A regulation may prescribe matters that may, or must, be taken into 19
account by the court when considering whether it is just to make the order. 20
of investigation 21
`Costs
`87Q.(1) This section applies if a person is convicted by a court of an 22
offence against this Act. 23
`(2) The court may order the person to pay the commission's reasonable 24
costs of any investigation about the offence, including reasonable costs of 25
preparing for the prosecution. 26
`(3) This section does not limit the orders for costs the court may make 27
on the conviction. 28
s 40 59 s 40
Motor Accident Insurance Amendment
`Division 4--Obstructing or impersonating authorised persons 1
of authorised persons 2
`Obstruction
`87R.(1) A person must not obstruct an authorised person in the exercise 3
of a power, unless the person has a reasonable excuse. 4
Maximum penalty--50 penalty units. 5
`(2) In this section-- 6
"obstruct" includes hinder, resist or attempt to obstruct. 7
of authorised persons 8
`Impersonation
`87S. A person must not pretend to be an authorised person. 9
Maximum penalty--50 penalty units. 10
`Division 5--Fraud and false and misleading statements 11
involving fraud 12
`Offences
`87T.(1) A person must not in any way-- 13
(a) defraud or attempt to defraud the commission, or the Nominal 14
Defendant or another insurer; or 15
(b) deliberately mislead or attempt deliberately to mislead the 16
commission, the Nominal Defendant or another insurer; or 17
(c) connive at conduct by another that contravenes paragraph (a) 18
or (b). 19
Maximum penalty--400 penalty units or 18 months imprisonment. 20
`(2) If conduct that constitutes an offence defined in subsection (1) is 21
recurrent so that, but for this subsection, each instance of the conduct would 22
constitute a separate offence, 2 or more instances of the conduct are to be 23
taken to constitute but 1 offence committed over a period specified in the 24
complaint laid in relation to the conduct, and may be charged and be dealt 25
with on 1 complaint. 26
s 40 60 s 40
Motor Accident Insurance Amendment
or misleading information or documents 1
`False
`87U.(1) This section applies to a statement made or document given in 2
connection with a claim under the statutory insurance scheme to the 3
commission, the Nominal Defendant or another insurer. 4
`(2) A person must not state anything to the commission, or the Nominal 5
Defendant or another insurer, the person knows is false or misleading in a 6
material particular. 7
Maximum penalty--150 penalty units or 1 year's imprisonment. 8
`(3) A person must not give the commission, or the Nominal Defendant 9
or another insurer, a document the person knows is false or misleading in a 10
material particular. 11
Maximum penalty--150 penalty units or 1 year's imprisonment. 12
`(4) Subsection (3) does not apply to a person who, when giving the 13
document-- 14
(a) informs the commission, or the Nominal Defendant or other 15
insurer, to the best of the person's ability, how it is false or 16
misleading; and 17
(b) gives the correct information to the commission, or the Nominal 18
Defendant or other insurer, if the person has, or can reasonably 19
obtain, the correct information. 20
`(5) Subsection (3) does not require the commission, or the Nominal 21
Defendant or another insurer, to tell someone that a document is false, 22
misleading or incomplete, or to disclose information, if the probable effect 23
would be to alert a person suspected of fraud to the suspicion. 24
`(6) It is enough for a complaint against a person for an offence against 25
subsection (2) or (3) to state the information or document was, without 26
specifying which, `false or misleading'. 27
`Division 6--Information from Commissioner of Police Service 28
from Commissioner of Police Service 29
`Information
`87V.(1) The Commissioner of the Police Service may, on the Insurance 30
Commissioner's written request, give to the commission information in the 31
s 40 61 s 40
Motor Accident Insurance Amendment
possession of the Queensland Police Service that is mentioned in 1
subsection (2) about a person the commission reasonably suspects to have 2
committed an offence against this Act. 3
`(2) The information that may be given is-- 4
(a) the person's criminal history or part of the person's criminal 5
history; and 6
(b) any brief of evidence compiled by the Queensland Police Service 7
on anything mentioned in the person's criminal history; and 8
(c) any document about any complaint made by or against the 9
person. 10
`(3) For this section, the Criminal Law (Rehabilitation of Offenders) Act 11
1986 does not apply. 12
`(4) Information given to the commission by the Commissioner of the 13
Police Service under this section-- 14
(a) must not be used for any purpose other than an investigation or 15
prosecution under this Act; and 16
(b) if not relevant to a suspected offence against this Act--must be 17
disregarded by the commission and must not be used by the 18
commission for any purpose. 19
7--Proceedings 20
`Division
21
`Proceedings
`87W.(1) A proceeding for an offence against this Act is to be taken in a 22
summary way under the Justices Act 1886 before a magistrate on the 23
complaint of the commissioner or a person authorised by the commissioner 24
to take the proceeding. 25
`(2) The proceeding must start-- 26
(a) within 2 years after the commission of the offence; or 27
(b) within 6 months after the commission of the offence comes to the 28
knowledge of the complainant; 29
whichever is the later. 30
s 40 62 s 40
Motor Accident Insurance Amendment
`(3) A statement in a complaint that-- 1
(a) the complainant is authorised by the commissioner to take the 2
proceedings; or 3
(b) the commission of the alleged offence came to the knowledge of 4
the complainant on a particular date; 5
is evidence of the fact stated. 6
`Division 8--Evidence 7
certificates given by the commission and transport 8
`Evidentiary
administration 9
`87X.(1) The commission may issue a certificate certifying any 1 or 10
more of the following matters-- 11
(a) that the commission made a specified decision under this Act on a 12
specified date; 13
(b) that the commission carried out a specified administrative act 14
under this Act on a specified date; 15
(c) that the commission gave a specified notice to a specified person 16
in a specified way on a specified date; 17
(d) that an address at which a specified notice was left, or to which it 18
was sent, was the last address known to the commission of the 19
person to whom the notice was to be given. 20
`(2) Transport administration may issue a certificate certifying any 1 or 21
more of the following matters-- 22
(a) that a specified vehicle was or was not registered at a specified 23
time, or over a specified period; 24
(b) that a specified vehicle was or was not insured under the statutory 25
insurance scheme at a specified time, or over a specified period; 26
(c) that a specified amount is, or was at a specified time, payable to 27
transport administration as an insurance premium for CTP 28
insurance for a specified vehicle; 29
(d) that there was a specified deficiency in the amount received by 30
s 41 63 s 42
Motor Accident Insurance Amendment
transport administration on a specified date by way of an 1
insurance premium for CTP insurance for a specified vehicle. 2
`(2) A certificate under this section is admissible in civil or criminal 3
proceedings as evidence of anything stated in the certificate. 4
`(3) A document is admissible in legal proceedings and is to be taken, in 5
the absence of contrary evidence, to be a certificate under this section if the 6
document-- 7
(a) appears to be a certificate under this section; and 8
(b) purports to be signed by a person authorised by the commission 9
or transport administration (as the case requires) to issue the 10
certificate.'. 11
of s 88 (Information to be provided by licensed insurers) 12
Amendment
Clause 41. Section 88(3)-- 13
omit, insert-- 14
`(3) The information-- 15
(a) must be provided by means of systems for the processing and 16
transmission of information that comply with reasonable 17
requirements imposed by the commission; and 18
(b) must be provided in a form reasonably required by the 19
commission.'. 20
of new s 88A 21
Insertion
Clause 42. After section 88-- 22
insert-- 23
power to intervene to establish information processing 24
`Commission's
systems 25
`88A.(1) This section applies if-- 26
(a) the commission, by written notice given to a licensed insurer, 27
requires the insurer to establish, within the reasonable time stated 28
in the notice, systems for the processing and transmission of 29
s 43 64 s 44
Motor Accident Insurance Amendment
information that comply with specified reasonable requirements; 1
and 2
(b) the insurer fails to comply with the requirement within the stated 3
time. 4
`(2) The commission may engage contractors to establish the required 5
systems for the processing and transmission of information and authorise 6
them to enter the licensed insurer's premises when the premises are open 7
for business to carry out the necessary work. 8
`(3) The licensed insurer must-- 9
(a) allow an authorised contractor access to the insurer's premises 10
and facilities for the purpose of establishing the required systems 11
for the processing and transmission of information; and 12
(b) must, at the request of an authorised contractor, provide 13
cooperation and assistance the contractor reasonably needs to 14
carry out the work effectively. 15
Maximum penalty--150 penalty units. 16
`(4) The commission may recover the cost of work carried out under this 17
section as a debt from the licensed insurer. 18
`(5) A court that convicts a licensed insurer of an offence against this 19
section may, by order, withdraw the licence.'. 20
of s 93 (False statements etc.) 21
Omission
Clause 43. Section 93-- 22
omit. 23
of s 96 (Restriction on commission) 24
Omission
Clause 44. Section 96-- 25
omit. 26
s 45 65 s 45
Motor Accident Insurance Amendment
of s 97 (CTP insurance premiums not to be discounted 1
Replacement
etc.) 2
Clause 45. Section 97-- 3
omit, insert-- 4
premiums not to be discounted etc. 5
`CTP
`97.(1) A licensed insurer or a broker or other person acting for a 6
licensed insurer must not-- 7
(a) discount, reduce, waive, or defer payment of the premium on a 8
CTP insurance policy; or 9
(b) offer to discount, reduce, waive, or defer payment of the premium 10
on a CTP insurance policy; or 11
(c) give or offer to give a rebate on the premium on a CTP insurance 12
policy. 13
Maximum penalty--300 penalty units. 14
`(2) A licensed insurer or a broker or other person acting for a licensed 15
insurer must not pay or subsidise, or offer to pay or subsidise, any fee 16
payable on registration, or renewal of registration, of a motor vehicle by a 17
person who has selected, or proposes to select, the licensed insurer to be the 18
insurer under a CTP insurance policy for the vehicle. 19
Maximum penalty--300 penalty units. 20
`(3) A licensed insurer, a broker or other person (whether acting for a 21
licensed insurer or not) must not encourage another to make a payment 22
calculated to result in a reduced insurer's premium for an insurer. 23
Maximum penalty--300 penalty units. 24
`(4) A licensed insurer does not contravene this section by accepting a 25
reduced insurer's premium in circumstances where the reduced payment is 26
authorised under this Act. 27
`(5) A court that convicts a licensed insurer of an offence against this 28
section may, by order, withdraw the licence.'. 29
s 46 66 s 48
Motor Accident Insurance Amendment
of s 98 (Certain prosecutions require authorisation) 1
Omission
Clause 46. Section 98-- 2
omit. 3
of s 101 (Review of Act) 4
Replacement
Clause 47. Section 101-- 5
omit, insert-- 6
reviews 7
`Periodical
`101.(1) Whenever it appears necessary to review this Act to ensure that 8
it is adequately meeting community expectations and its provisions remain 9
appropriate, the Minister must have such a review carried out. 10
`(2) The Minister must cause a report of the outcome of a review under 11
subsection (1) to be laid before the Legislative Assembly.'. 12
of new pt 7, div 3 13
Insertion
Clause 48. After section 107-- 14
insert-- 15
3--Provisions for Motor Accident Insurance Amendment 16
`Division
Act 2000 17
of amendments made by the Motor Accident Insurance 18
`Application
Amendment Act 2000 to motor vehicle accident claims 19
`108.(1) In this section-- 20
"relevant amendment" means an amendment to this Act made by the 21
Motor Accident Insurance Amendment Act 2000. 22
`(2) This Act, as amended by a relevant amendment-- 23
(a) applies to a motor vehicle accident claim arising from a motor 24
vehicle accident that happens on or after the commencement of 25
the relevant amendment; and 26
(b) governs the terms and conditions of a CTP insurance policy under 27
s 49 67 s 49
Motor Accident Insurance Amendment
this Act, in so far as it is relevant to any such motor vehicle 1
accident claim, irrespective of whether the policy came into force 2
before or after the commencement of the relevant amendment. 3
`(3) This Act, as in force before the commencement of a relevant 4
amendment, applies to a motor vehicle accident claim arising from a motor 5
vehicle accident that happened before the commencement of the relevant 6
amendment. 7
provision about financial years 8
`Special
`109. For this Act, the period commencing on 1 July 2000 and ending on 9
30 September 2000 and the period commencing on 1 October 2000 and 10
ending on 30 June 2001 are taken to be separate financial years. 11
of action taken in anticipation of amendments made by 12
`Ratification
the Motor Accident Insurance Amendment Act 2000 13
`110.(1) This section applies to anything done with a view to-- 14
(a) fixing levies for the financial year commencing on 1 October 15
2000; or 16
(b) fixing the administration fee for the financial year commencing on 17
1 October 2000; or 18
(c) setting insurer's premiums for the assessment period 19
commencing on 1 October 2000. 20
`(2) Anything done in anticipation of amendments made by the Motor 21
Accident Insurance Amendment Act 2000 that could have been validly done 22
under this Act assuming that Act had been enacted and the relevant 23
amendments had commenced when the thing was done is taken to have 24
been validly done under this Act.'. 25
of schedule (Policy of insurance) 26
Amendment
Clause 49. Schedule, section 3(2)-- 27
omit, insert-- 28
`(2) This policy does not insure an employer against a liability to pay 29
s 49 68 s 49
Motor Accident Insurance Amendment
damages for injury to an employee if-- 1
(a) the injury arises from the employer's failure to provide a safe 2
system of work for the employee or the employer's breach of 3
some other duty of care to the employee; and 4
(b) neither the employer nor another employee of the employer was 5
the driver of the motor vehicle at the time of the motor vehicle 6
accident out of which the injury arose. 7
`(3) This policy does not insure against a liability to pay exemplary, 8
punitive or aggravated damages. 9
`(4) This policy does not insure against a liability to pay damages for an 10
injury that arises gradually from a series of incidents.'. 11
12
© State of Queensland 2000
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