QueenslandMotorAccidentInsuranceAct1994Current as at [Not
applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposedamendmentstotheActincludedinthePolicePowersandResponsibilitiesandOtherLegislationAmendmentBill2018.Thisindicativereprinthasbeenpreparedforinformationonly—it is
not anauthorised reprint of the Act.The point-in-time date for this
indicative reprint is the introduction date forthe Police Powers
and Responsibilities and Other Legislation AmendmentBill
2018—12 June 2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 1
Preliminary[s 1]Motor Accident
Insurance Act 1994AnActtoprovideforacompulsorythird-partyinsuranceschemecoveringliabilityforpersonalinjuryarisingoutofmotor vehicle accidents, and for other
purposesPart 1Preliminary1Short
titleThis Act may be cited as theMotor Accident Insurance Act1994.2CommencementThis Act
commences on a day to be fixed by proclamation.3ObjectsThe objects of
this Act are—(a)tocontinueandimprovethesystemofcompulsorythird-partymotorvehicleinsurance(CTPinsurance),and the scheme of statutory insurance
for uninsured andunidentified vehicles, operating in
Queensland; and(b)to establish a basis for assessing the
affordability of CTPinsurance and to keep the costs of CTP
insurance at alevel the average motorist can afford;
and(c)to promote competition in the setting
of premiums forCTP insurance; andCurrent as at
[Not applicable]Page 9
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 1
Preliminary[s 4](d)to
provide for the licensing and supervision of insurersproviding CTP insurance under CTP insurance
policies;and(e)toencouragethespeedyresolutionofpersonalinjuryclaims resulting from motor vehicle
accidents; and(f)topromoteandencourage,asfaraspracticable,therehabilitation of claimants who sustain
personal injurybecause of motor vehicle accidents;
and(g)to establish and keep a register of
motor vehicle accidentclaimstohelptheadministrationofthestatutoryinsurance scheme
and the detection of fraud; and(h)to
promote measures directed at eliminating or reducingcauses of motor vehicle accidents and
mitigating theirresults.4DefinitionsIn this
Act—act of terrorismsee section
4B.administrationfeemeansthefeepayabletotransportadministrationforworkdoneintheadministrationofthestatutory insurance scheme.affordability indexmeans 45% of
Queensland full-time adultpersonsordinarytimeearningsdeclaredbytheAustralianStatistician in
the original series of the statistician’s averageweekly earnings publication most recently
published.agriculturalmachinemeansanagriculturalmachineforwhich registration is required under
theTransport Operations(RoadUseManagement—VehicleRegistration)Regulation2010.assessment periodsee section
13(2).averageweeklyearnings,forafinancialyear,meanstheamount of Queensland full-time adult
persons ordinary timeearnings declared by the Australian
Statistician in the originalPage 10Current as at [Not applicable]
Motor
Accident Insurance Act 1994Part 1
Preliminary[s 4]Notauthorised—indicativeonlyseries of the statistician’s average weekly
earnings publicationmost recently published before the
start of the financial year.claimmeans motor vehicle accident claim.claimantmeansapersonbywhom,oronwhosebehalf,aclaim is made.Examples of
claimants—1An attorney acts under an enduring
power of attorney under thePowers of
Attorney Act 1998for a person injured in a motor
vehicleaccident.Inthiscase,boththeattorney(intheattorney'srepresentative
capacity) and the person for whom the attorney actsare
regarded as claimants.2A guardian or an
administrator acts under theGuardianship
andAdministration Act 2000for a person
injured in a motor vehicleaccident. In this case, the guardian
or administrator (in his or herrepresentativecapacity)andtheinjuredpersonareregardedasclaimants.class—(a)of CTP insurance
(or CTP insurance policies)—meansCTPinsurance(orCTPinsurancepolicies)foraparticular class
of motor vehicles; or(b)ofmotorvehicles—meansaclassofmotorvehiclescreated by classification under a
regulation.commissionmeanstheMotorAccidentInsuranceCommission.commissionermeans the
insurance commissioner.compulsory conferencesee
section 51A(1).costs—(a)whenusedinreferencetolegalcosts,includesdisbursements;
and(b)when used in reference to the costs of
an insurer on aclaim, includes—(i)the
amount paid out by the insurer on the claim totheclaimantorfortheclaimant’sbenefit,including—Current as at
[Not applicable]Page 11
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 1
Preliminary[s 4](A)thecosttotheinsurerofprovidingrehabilitation
services in connection with theclaim;
and(B)thecosttotheinsurerofpayingprivatehospital,medicalandpharmaceuticalexpenses in
connection with the claim; and(ii)thecosttotheinsurerofinvestigatingtheclaimand of
litigation related to the claim (but not theinsurer’s
general administration costs).costs
statementsee section 51B(6)(e).court, in
relation to a claim, means—(a)if a
proceeding based on the claim has been brought—the court
hearing the proceeding; or(b)if no proceeding
based on the claim has been brought—a court with
jurisdiction to hear the claim.criminal
history, of a person, means the record of offences
ofwhichthepersonhasbeenconvictedinQueenslandorelsewhere before or after the commencement
of this Act.CTPis an abbreviation of ‘compulsory
third-party’.CTP insurancesee section
3(a).CTP insurance policymeans—(a)a policy of insurance under this Act
for a motor vehicleinsuring against liability for personal
injury caused by,through or in connection with the motor
vehicle; or(b)a policy of insurance, or a statutory
indemnification, fora motor vehicle registered under the
law of another StateoraTerritory,providinginsurance,orindemnifyingagainst
liability, for personal injury caused by, throughor
in connection with the vehicle anywhere in Australia.declaredcostslimitmeanstheamountprescribedunderaregulation as the declared costs
limit.Page 12Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 1
Preliminary[s 4]Note—Under section 100A, the Minister must make a
recommendation aboutthe amount to be prescribed.eligiblepersonmeansapersonwho,undertheNationalInjury Act,
section 12, is eligible to participate in the injuryinsurance scheme.former
Actmeans theMotor Vehicles
Insurance Act 1936.GSTmeans the tax
payable under the GST law.GST lawmeans—(a)A New Tax System (Goods and Services
Tax) Act 1999(Cwlth); and(b)therelatedlegislationoftheCommonwealthdealingwith
the imposition of a tax on the supply of goods andservices.GVMmeans gross vehicle mass.industry deedmeans an
agreement, in the form approved byregulation,
between the commission, transport administration,theNominalDefendantandlicensedinsurersregulatingtheconductofCTPinsurancebusinessandmattersincidentalto—(a)the conduct of the business; or(b)the statutory insurance scheme.Editor’s note—For a statement
of the subjects that may be covered by the industrydeed, see section 65 (Industry deed).injuredpersonmeansapersonwhosufferspersonalinjurybecause of a
motor vehicle accident.injury insurance schememeans the national injury insurancescheme,QueenslandestablishedundertheNationalInjuryAct,
chapter 2.injuryinsuranceschemelevymeansthelevyundertheNational Injury Act.Current as at [Not applicable]Page
13
Motor
Accident Insurance Act 1994Part 1
Preliminary[s 4]Notauthorised—indicativeonlyPage
14insuranceagencymeanstheNationalInjuryInsuranceAgency,QueenslandestablishedundertheNationalInjuryAct.insurancepremiummeansthegrosspremiumforaCTPinsurance policy (including levies and
administration fee).insuredmotorvehiclemeansamotorvehicleforwhichaCTP
insurance policy is in force.insured
personmeans—(a)a
person who is insured under a CTP insurance policyor,ifthepersonisdead,theperson’spersonalrepresentative; or(b)apersonwhosewrongfulactoromissioncausespersonalinjuryforwhichanactionliesagainsttheNominal Defendant under this Act or, if the
person isdead, the person’s personal
representative.insurer’spremiummeansaninsurer’sconsiderationforproviding insurance under a CTP insurance
policy.licencemeans a licence
under part 5.licensed insurermeans an insurer
that holds a licence, otherthan an insurer
whose licence is under suspension.lowerofferlimitmeanstheamountprescribedunderaregulation as the lower offer
limit.Note—Under section
100A, the Minister must make a recommendation aboutthe
amount to be prescribed.mandatory final offersee
section 51C(2).mobilemachineryhasthemeaninggivenbytheTransportOperations(RoadUseManagement—VehicleRegistration)Regulation
2010.motorvehiclemeansavehicleforwhichregistrationisrequiredundertheTransportOperations(RoadUseManagement—VehicleRegistration)Regulation2010andincludes a trailer.Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 1
Preliminary[s 4]motorvehicleaccidentmeansanincidentfromwhichaliability for personal injury arises that is
covered by insuranceunder the statutory insurance
scheme.motorvehicleaccidentclaimmeansaclaimfordamagesbased on a
liability for personal injury arising out of a motorvehicle accident and, for a fatal injury,
includes a claim onbehalf of the deceased’s dependants or
estate.NationalInjuryActmeanstheNationalInjuryInsuranceScheme
(Queensland) Act 2016.non-medicinal
drugmeans a drug other than one genuinelyand
lawfully consumed for medical or therapeutic purposes.officerhas the same
meaning as in the Corporations Act.official panel
of medical expertssee section 45A(1)(a).participant, in the injury
insurance scheme, see the NationalInjury Act,
section 14(1).personal injuryincludes—(a)fatal injury; and(b)prenatal injury; and(c)damage to spectacles, contact lenses,
dentures, hearingaids,crutches,wheelchairs,artificiallimbsandprosthetic devices.publicplacehasthemeaninggivenbytheTransportOperations (Road
Use Management) Act 1995.registeredoperator,ofamotorvehicle,meansapersonrecorded in the
details of the registration of the vehicle as theregistered operator or as the owner of the
motor vehicle.registration,ofamotorvehicle,includesapermit,plateorother authorisation under theTransport Operations (Road UseManagement—VehicleRegistration)Regulation2010permittingamotorvehicletobeusedonaroadwithoutregistrationbutdoesnotincludeanauthorisationundersection 107 of that regulation.Current as at [Not applicable]Page
15
Motor
Accident Insurance Act 1994Part 1
Preliminary[s 4]Notauthorised—indicativeonlyPage
16rehabilitationmeanstheuseofmedical,psychological,physical,social,educationalandvocationalmeasures(individually or in combination)—(a)torestore,asfarasreasonablypossible,physicalormentalfunctionslostorimpairedthroughpersonalinjury;
and(b)to optimise, as far as reasonably
possible, the quality oflife of a person who suffers the loss
or impairment ofphysical or mental functions through
personal injury.related body corporate, for an
insurer, has the meaning givenby the
Corporations Act.roadhasthemeaninggivenbytheTransportOperations(Road Use
Management) Act 1995.self-insurermeans—(a)the Commonwealth; or(b)a State (other than Queensland) or a
Territory that doesnot have its motor vehicles insured under
CTP insurancepolicies.serious personal
injurysee the National Injury Act, schedule1.shareofthemarketforCTPinsurancebusinessmeansapercentage,calculatedbythecommissionunderprinciplesprescribed by
regulation, representing the proportion that aninsurer’s share
of total CTP insurance premiums bears to thetotal premiums
for CTP insurance policies of classes specifiedby
regulation.statutoryinsuranceschememeanstheinsuranceschemeestablished by this Act.trailermeans a vehicle without motive power
designed to behauled by a motor vehicle.transport administrationmeans—(a)the chief executive of the department
within which theTransportPlanningandCoordinationAct1994isadministered; orCurrent as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 1
Preliminary[s 4A](b)a
person who is, by delegation or direction of the chiefexecutive,responsibleforcarryingoutfunctionsrelevant to the
administration of the statutory insurancescheme.treatment,careandsupportneeds,ofaperson,seetheNational Injury Act, section 8.uninsuredmotorvehiclemeansamotorvehicleforwhichthere is no CTP
insurance policy in force, other than a motorvehicle owned by
a self-insurer or a trailer.upperofferlimitmeanstheamountprescribedunderaregulation as the upper offer
limit.Note—Under section
100A, the Minister must make a recommendation aboutthe
amount to be prescribed.wrongfulactoromissionincludesanegligentactoromission.4AReferences to insurer’s premium, a fee or
costsA reference in this Act to an insurer’s
premium, a fee or costsextends to any related charge (whether
treated as a componentofthepremium,feeorcostsorseparatelyidentified)toreimburseoroffsettheliabilityofthepersontowhomthepremium, fee or costs are payable for
GST.4BMeaning ofact of
terrorism(1)Anactofterrorismisanactdoneorthreatmadebyaperson—(a)for an ethnic, ideological, political,
religious or similarpurpose; and(b)with
the intention to—(i)cause personal injury or damage to
property; and(ii)influenceagovernmentorputthepublic,orasection of the
public, in fear.Current as at [Not applicable]Page
17
Motor
Accident Insurance Act 1994Part 1
Preliminary[s 5](2)It
does not matter whether the person is acting alone or withothers or in connection with an organisation
or government.(3)To decide whether the act was done or
the threat was made forapurposeorwithanintentionmentionedinsubsection (1),regard may be
had to the nature of the act or threat and thecontext in which
the act was done or the threat was made.Notauthorised—indicativeonly5Application of
this Act(1)This Act applies to personal injury
caused by, through or inconnection with a motor vehicle if,
and only if, the injury—(a)is a result
of—(i)the driving of the motor vehicle;
or(ii)acollision,oractiontakentoavoidacollision,with the motor
vehicle; or(iii)the motor
vehicle running out of control; or(iv)adefectinthemotorvehiclecausinglossofcontrol of the vehicle while it is
being driven; and(b)iscaused,whollyorpartly,byawrongfulactoromissioninrespectofthemotorvehiclebyapersonother than the injured person.(2)For an uninsured motor vehicle,
subsection (1) applies only ifthe motor
vehicle accident out of which the personal injuryarises happens on a road or in a public
place.(3)However, this Act does not apply to
personal injury caused by,through or in connection with—(a)atractor,backhoe,bulldozer,end-loader,forklift,industrialcraneorhoist,orothermobilemachinery,other than an
agricultural machine; or(b)an agricultural
machine; or(c)a motor vehicle adapted to run on rail
or tram tracks; or(d)an amphibious vehicle; or(e)a motor vehicle of a class prescribed
by regulation;Page 18Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 2 Motor
Accident Insurance Commission[s 6]unlessthemotorvehicleaccidentoutofwhichtheinjuryarises happens
on a road.(4)Forsubsection
(1)(b),thereferencetoawrongfulactoromission in respect of the motor
vehicle does not include theuse of the motor
vehicle at the particular time it is being usedfor the actual
doing of an act or making of a threat that is anact
of terrorism.(5)The following is an example of a
particular time when a motorvehicle is not
being used for the actual doing of an act that isan
act of terrorism—A is the driver of a motor vehicle from
which a bomb is thrown at agovernmentbuilding. It is
established that at the time the bomb isthrownthemotorvehicleisbeingusedforanactofterrorism.Indriving away from the building after the
bomb is thrown, A runs into amotor vehicle
being driven by B. At the time A’s motor vehicle runsinto
B’s motor vehicle A’s motor vehicle is not being used for the
actualdoing of an act of terrorism.(6)Subsection (4) only applies to an act
of terrorism happeningon or after 1 January 2002.Part
2Motor Accident InsuranceCommissionDivision 1Establishment of the commission6Establishment of commissionThe
Motor Accident Insurance Commission is established.7Constitution of the commission(1)Theinsurancecommissioner,inthecommissioner’sofficialcapacity(butnotinthecapacityofNominalDefendant),constitutes the
commission.(2)TheinsurancecommissioneristobeemployedunderthePublic Service Act 2008.Current as at [Not applicable]Page
19
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 2
Motor Accident Insurance Commission[s 8]8Commission to be body corporate(1)The commission—(a)is a
body corporate; and(b)has a seal; and(c)may
sue and be sued under the name Motor AccidentInsurance
Commission.(2)The commission has all the powers of
an individual and may,for example—(a)enter into contracts; and(b)acquire, hold, dispose of, and deal
with, property; and(c)employ staff (including temporary
staff); and(d)appoint agents and attorneys;
and(e)engage consultants; and(f)fixcharges,andotherterms,fortheprovisionofservices by the commission.(3)Thecommission’ssealistobekeptasdirectedbythecommissioner and may be used only as
directed or authorisedby the commissioner.(4)Judicialnoticemustbetakenoftheimprintofthesealappearing on a
document and the document must be presumedto have been
properly sealed unless the contrary is proved.9Power
of delegationThe commission may delegate its powers under
this Act.9ACommission is statutory body(1)Under theStatutory Bodies
Financial Arrangements Act 1982,the
commission is a statutory body.(2)TheStatutory Bodies Financial
Arrangements Act 1982, part2B sets out the
way in which the commission’s powers underPage 20Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 2 Motor
Accident Insurance Commission[s 10]thisActareaffectedbytheStatutoryBodiesFinancialArrangements Act
1982.Division 2General
functions of commission10Commission’s
functions(1)The commission’s functions are
to—(a)superviseinsurersoperatingunderthestatutoryinsuranceschemeandissue,suspendorwithdrawlicences for
insurers operating under the scheme; and(b)establishandreviseprudentialstandardswithwhichlicensed insurers must comply; and(c)monitor the management of claims by
insurers under thestatutoryinsuranceschemeand,inparticular,theinsurers’ compliance with their obligations
under part 4;and(ca)appoint,undertheindustrydeed,apersontoarbitratedisputesbetween2ormoreinsurersaboutamotorvehicle accident
claim; and(d)fixforeachclassofCTPinsurancetherangewithinwhich an insurer’s premium must fall;
and(da)recommendtheleviesandtheadministrationfeepayable under this Act; and(e)monitortheavailability,adequacyanduseofrehabilitation services for claimants who
suffer personalinjury in motor vehicle accidents and
develop programs,resources and guidelines to overcome
deficiencies in theservices; and(f)providefundsfor,orcontributeinotherwaysto,theprovision of
infrastructure to facilitate the rehabilitationof persons
injured in motor vehicle accidents; andCurrent as at
[Not applicable]Page 21
Motor
Accident Insurance Act 1994Part 2 Motor
Accident Insurance Commission[s 10]Notauthorised—indicativeonlyPage 22(g)provide funds for research and education in
the field ofrehabilitationandtheprovisionofrehabilitationservices;
and(h)providefundsforresearchintothecausesofmotorvehicle
accidents and their prevention; and(ha)establishandmaintainacallcentrefromwhichthepublicmayobtaininformationonthestatutoryinsurance
scheme; and(i)carryout,orcontributeto,advertisingcampaignstoincrease public awareness of the
causes of motor vehicleaccidents, and of the economic, social
and personal costof motor vehicle accidents; and(j)promoteand,iffundsareavailable,makefinancialcontributions
towards—(i)the regular inspection of motor
vehicles to ensuresafety and roadworthiness; and(ii)the training of
drivers (including the provision ofdefensive
driving courses); and(iii)training in
first aid; and(iv)theprovision,maintenanceandsupportoftheinfrastructure necessary to reduce the
incidence ofmotor vehicle accidents and minimise the
results;and(k)monitor the
efficiency of the statutory insurance schemeand,inparticular,theproportionofthefundsoftheschemepaidtoclaimantsorappliedfortheirdirectbenefit; and(l)develop and coordinate strategies to
identify and combatfraud in or related to motor vehicle
accident claims; and(m)keeptheindustrydeedunderreviewandmakerecommendations
for its amendment; and(n)keepthestatutoryinsuranceschemegenerallyunderreview and make
recommendations for its amendment;andCurrent as at [Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 2 Motor
Accident Insurance Commission[s 11](o)conductresearchandcollectstatisticsaboutthestatutory insurance scheme.Note—For the
functions of the commission in relation to the injury
insurancescheme, see the National Injury Act, chapter
5.(2)In determining prudential standards
for licensed insurers, thecommissionmusthaveproperregardtotheprudentialstandardsthatapplytotheinsuranceindustryunderCommonwealth legislation.11Advisory committees(1)Thecommissionmayestablish1ormoreadvisorycommitteestoadviseontheexerciseofthecommission’sstatutory
functions.(2)Themattersonwhichanadvisorycommitteemayprovideadvice are to be
decided by the commission with the approvalof the
Minister.(3)An advisory committee is to consist of
persons appointed bythe Minister on the commission’s
nomination.(4)The terms on which the members of an
advisory committeehold office are to be decided by the
Minister.Division 3Insurance
premiums12Insurance premiums(1)An
insurance premium under the statutory insurance schemeconsists of the following components—(a)the insurer’s premium;(b)the statutory insurance scheme
levy;(c)the hospital and emergency services
levy;(d)the Nominal Defendant levy;(e)the injury insurance scheme
levy;Current as at [Not applicable]Page
23
Motor
Accident Insurance Act 1994Part 2 Motor
Accident Insurance Commission[s 12]Notauthorised—indicativeonly(f)the
administration fee.(2)Theinsurer’spremiumistheinsurer’sconsiderationforproviding the insurance.(3)The
statutory insurance scheme levy is to cover the estimatedcosts of—(a)theadministrationofthisAct(otherthancostsassociated with
the Nominal Defendant scheme) for thefinancial year
in which the levy is fixed, together withany shortfall
from previous financial years; and(b)thecommissionperformingitsfunctionsundertheNational Injury Act, chapter 5 for the
financial year inwhich the levy is fixed.(4)Thehospitalandemergencyserviceslevyistocoverareasonableproportionoftheestimatedcostofprovidingpublichospitalservicesandemergencyservicesforthefinancial year
for which the levy is fixed having regard to thenumber of people who—(a)are
injured in motor vehicle accidents; and(b)makeuseofpublichospitalservicesandemergencyservices as a
result of their injuries; and(c)are
claimants or potential claimants under the statutoryinsurance scheme, but are not—(i)participants in the injury insurance
scheme; or(ii)eligible
persons.(5)The Nominal Defendant levy is to cover
the estimated costs ofthe Nominal Defendant scheme for the
financial year or otherperiod for which the levy is fixed
together with any shortfallfrom previous
financial years.(6)Theadministrationfeeisthefeepayabletotransportadministrationforworkdoneintheadministrationofthestatutory insurance scheme.(7)The administration fee is a controlled
receipt for the purposesof theFinancial
Accountability Act 2009.Page 24Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 2 Motor
Accident Insurance Commission[s 13]13The insurer’s premium(1)An insurer’s premium is to be set by
each licensed insurer,withinlimitsfixedbythecommission,foreachclassofinsurance.(2)The
premiums are to relate to a period (anassessment
period)fixed under a regulation.(3)The insurer’s premium is to be set by
the insurer on the basisthat the insurance is to cover a
registration period of 1 year.(3A)Subsection (3B) applies to a CTP insurance
policy—(a)that comes into force after 30 June
2003; and(b)for which a person is entitled to an
input tax credit fortheinsurer’spremiumcomponentoftheinsurancepremium for the policy.(3B)The
insurer’s premium consists of—(a)theamountsetundersubsection
(1)fortheclassofinsurance to which the policy relates;
and(b)an additional amount prescribed under
a regulation.(4)Iftheregistrationperiodismoreorlessthan1year,theinsurer’s premium for the relevant CTP
policy is—(a)the proportion of the insurer’s
premium for 1 year thatthe period of registration bears to 1
year; and(b)an additional amount fixed on a basis
prescribed under aregulation.(5)Aregulationundersubsection (3B)(b)mayprescribeadifferent amount for each class of insurance
provided by eachlicensed insurer.(6)In
this section—inputtaxcredithasthemeaninggivenbytheANewTaxSystem(GoodsandServicesTax)Act1999(Cwlth),section 195-1.Current as at
[Not applicable]Page 25
Motor
Accident Insurance Act 1994Part 2 Motor
Accident Insurance Commission[s 13A]Notauthorised—indicativeonly13APremium
rates(1)Thissectiondescribestheprocessforsettingtheinsurer’spremiums, under
section 13(1), for each assessment period.(2)Thecommissionfirstfixeslimitsofinsurer’spremiumforeach class of CTP insurance.(3)Thelimitsconsistofaflooramount(belowwhichthepremium can not be set) and a ceiling
amount (above whichthe premium can not be set).(4)Before the commission fixes the
limits, the commission mustinvite written
submissions from—(a)licensed insurers on matters relevant
to the fixing of thelimits and, in particular, on—(i)currentfactorsandtrendsinfluencingthecostofinsuranceunderthestatutoryinsurancescheme;and(ii)any other
factors that should, in the opinion of theinsurers,influencethepermissiblerangeofinsurers’ premiums for the assessment
period; and(b)majororganisationsrepresentingmotoristsinQueensland.(5)Thecommissionmustatleastonceineachyearobtainanactuarialanalysisofthestatutoryinsuranceschemeand,atleastonceineachquarter,obtainanactuarialreviewofcurrent trends that could affect the
financial soundness of thescheme.(6)Afterconsideringthefinancialsoundnessofthestatutoryinsuranceschemeinthelightofthemostrecentactuarialanalysis and quarterly review obtained under
subsection (5),thesubmissionsmadeinresponsetothecommission’sinvitationsandothermaterialthecommissionconsidersrelevant, the commission must—(a)fix the limits of insurer’s premium
for each class of CTPinsurance; and(b)give
each licensed insurer a written notice—Page 26Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 2 Motor
Accident Insurance Commission[s 13A](i)statingthelimitsfixedforeachclassofCTPinsurance;
and(ii)requiringtheinsurertosubmititsinsurer’spremiums for
each class of CTP insurance for therelevantassessmentperiodonorbeforeadatestated in the
notice; and(iii)specifyingotherrequirementswithwhichtheinsurer’s submission must comply.(7)Thepremiumsmustbesubmittedinaccordancewithrequirements specified in the notice within
a time limit fixedunder a regulation.(8)Each
licensed insurer must give the commission written noticeof
the premiums set by the insurer on or before the date statedin
the commission’s notice.(9)Onreceiptofthenoticefromtheinsurer,thecommissionmust, within a
time limit fixed by a regulation—(a)record the premiums set by the insurer for
the relevantassessment period for each class of CTP
insurance; and(b)give the insurer a written notice
confirming the insurer’sinsurance premiums for the relevant
assessment period;and(c)notifytransportadministrationofeachinsurer’sinsurance premiums for the relevant
assessment period.(10)If a licensed
insurer—(a)failstosubmitpremiumsforeachclassofCTPinsurance as
required by the commission; or(b)setsapremiumoutsidethelimitsallowedbythecommission;thecommissionmay,bywrittennoticetotheinsurer,withdraw the insurer’s licence.Current as at [Not applicable]Page
27
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 2
Motor Accident Insurance Commission[s 14]14Recommendations about levies and
administration fee(1)At least 4 months before the end of
each financial year, thecommission must make recommendations
to the Minister onthe amount of—(a)thestatutoryinsuranceschemelevyforthenextfinancial year; and(b)thehospitalandemergencyserviceslevyforthenextfinancial year;
and(c)the Nominal Defendant levy for the
next financial yearand the component, if any, to be included in
the levy forsatisfyingliabilitiesoftheNominalDefendantundersection 33(2);
and(d)the administration fee for the next
financial year.Note—For the
commission’s role in making recommendations about the injuryinsurance scheme levy, see the National
Injury Act, section 98.(2)A levy mentioned
in subsection (1) or the administration feemayvaryaccordingtoany1ormoreofthefollowingfactors—(a)the class of CTP insurance;(b)the period of insurance;(c)any other factor stated in a
regulation.(3)If there is an unexpected increase in
the Nominal Defendant’sliabilitiesthatnecessitates,inthecommission’sopinion,anincrease in the Nominal Defendant levy
before the end of afinancialyearforwhichthelevyhasbeenfixed,thecommission may, at any time, recommend
a special increasein the Nominal Defendant levy.14AFixing levies and administration
fee(1)Each of the following are to be fixed
by regulation for eachfinancial year—(a)the
statutory insurance scheme levy;Page 28Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 2 Motor
Accident Insurance Commission[s 15](b)the hospital and emergency services
levy;(c)the Nominal Defendant levy;(d)the administration fee.(2)Aregulationfixingleviesandtheadministrationfeeforaparticularfinancialyearmustbemadeatleast3monthsbefore the
beginning of the financial year.(3)However—(a)if a
regulation fixing the levies and administration feeforaparticularfinancialyearisnotmadeatleast3monthsbeforethebeginningoftherelevantfinancialyear—(i)theregulationcommences3monthsafteritisnotifiedoronalaterdatespecifiedintheregulation; and(ii)the
levies and administration fee last fixed continueuntil the regulation commences; and(b)if the commission recommends a special
increase in theNominalDefendantlevy,aregulationgivingeffecttotherecommendationmaybemadeatanytimeandcomes into force on the date the regulation
is notified ora later date specified in the
regulation.15Report and recommendations when costs
of insuranceexceed the affordability index(1)The costs of CTP insurance exceed the
affordability index ifthe insurance premium for a CTP
insurance policy for a class1 motor vehicle
(assuming the insurer’s premium is set at thehighestamountsetbyalicensedinsurer)exceedstheaffordability index.(2)If the costs of CTP insurance exceed
the affordability index,thecommissionmustgivetheMinisterareportabouttheeffect of current trends on the
affordability of CTP insurance.(3)Subsection (4) applies if the commission
considers changes tothe statutory insurance scheme or the
injury insurance schemeCurrent as at [Not applicable]Page
29
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 2
Motor Accident Insurance Commission[s 16]are
necessary to counter the effect of undesirable trends on theaffordability of CTP insurance.(4)The commission may, in its report,
recommend the changes.(5)Ifthereportrecommendschangestotheinjuryinsurancescheme, the
commission must give a copy of the report to theTreasurer.(6)In
fixing the range within which an insurer’s premium for aclass 1 motor vehicle must fall, the
commission is not to beinfluenced by the fact that the
proposed range could result inthe costs of CTP
insurance exceeding the affordability index iftheceilingamountis,accordingtoactuarialadvice,appropriate to ensure the financial
soundness of the scheme.(7)TheMinistermust,assoonaspracticableafterreceivingareport under subsection (2), cause a copy of
the report to belaid before the Legislative Assembly.(8)In this section—class1motorvehiclemeansamotorvehicleofthatclassunder a regulation.insurance
premium, for a CTP insurance policy for a class
1motorvehicle,doesnotincludetherelevantinsolvencyliabilitycomponentoranamountprescribedundersection 13(3B)(b) for the insurer’s premium
component of theinsurance premium for the policy.relevantinsolvencyliabilitycomponentmeanstheamountincludedintheNominalDefendantlevythattheMinisterconsiders is
attributable to satisfying liabilities of the NominalDefendant under section 33(2).Division 4The Nominal
Defendant16The Nominal Defendant(1)The Nominal Defendant—(a)is a body corporate; andPage
30Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 2 Motor
Accident Insurance Commission[s 16A](b)has a seal; and(c)maysueandbesuedunderthenameNominalDefendant.(2)The
commissioner is the Nominal Defendant.(3)The
Nominal Defendant has all the powers of an individualand
may, for example—(a)enter into contracts; and(b)acquire, hold, dispose of, and deal
with, property; and(c)employ staff (including temporary
staff); and(d)appoint agents and attorneys;
and(e)engage consultants.(4)The Nominal Defendant may delegate
powers under this Act.(5)The Nominal
Defendant’s seal is to be kept as directed by thecommissioner and may be used only as
directed or authorisedby the commissioner.(6)Judicialnoticemustbetakenoftheimprintofthesealappearing on a
document and the document must be presumedto have been
properly sealed unless the contrary is proved.16ANominal Defendant is statutory body(1)Under theStatutory Bodies
Financial Arrangements Act 1982,the
Nominal Defendant is a statutory body.(2)TheStatutory Bodies Financial
Arrangements Act 1982, part2B sets out the
way in which the Nominal Defendant’s powersunder this Act
are affected by theStatutory Bodies FinancialArrangements Act 1982.17Nominal Defendant to keep public
office(1)The Nominal Defendant must have a
public office.Current as at [Not applicable]Page
31
Motor
Accident Insurance Act 1994Part 2 Motor
Accident Insurance Commission[s 18](2)Legal process is served personally on
the Nominal Defendantby leaving it at the Nominal
Defendant’s public office with aperson
apparently employed at the office.Notauthorised—indicativeonly18Nominal Defendant
taken to be licensed insurerTheNominalDefendantistakentobealicensedinsurer(otherthanforparts3and5)andisboundbytheindustrydeed.Division 5Annual
report19Annual report(1)ThecommissionmustreportannuallyundertheFinancialAccountability
Act 2009.(2)The report
must—(a)include a report dealing with all
significant aspects oftheoperationofthestatutoryinsurancescheme,withparticularreferencetotheoperationoftheprovisionsaffectingthemanagementofmotorvehicleaccidentclaims;
and(b)contain information about the cost to
the community ofmotor vehicle accidents for the relevant
financial year;and(c)contain
information about the cost of administering thisAct
and the Nominal Defendant scheme for the financialyear; and(d)containfurtherinformationthatmayberequiredbyregulation; and(e)includetheauditedaccountsoftheMotorAccidentInsurance Fund
and the Nominal Defendant Fund.Note—See
also the National Injury Act, section 104.(3)In
this section—Page 32Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 3 Compulsory
insurance[s 20]motorvehicleaccidentincludesanincidentresultinginserious personal injury in relation to
which the National InjuryAct applies.Part 3Compulsory insuranceDivision 1Obligation to insure20Offence of driving uninsured vehicle
etc.(1)A person must not drive an uninsured
motor vehicle on a roador in a public place.Maximum penalty—80 penalty units.(2)Apersonwhoistheownerofanuninsuredmotorvehiclemustnotpermitsomeoneelsetodriveitonaroadorinapublic place.Maximum
penalty—80 penalty units.(3)It is a defence
to a charge of an offence against this section toprovethatthedefendanthadreasonablegroundstobelieveanddidbelievethemotorvehiclewasaninsuredmotorvehicle.(4)Thissectiondoesnotapplytoamotorvehicleofaclassexempted from its application by
regulation.(5)Also, this section does not apply to a
motor vehicle to which agratuitous CTP insurance policy under
section 20A(2) relates.20ATemporary
gratuitous insurance(1)This section
applies if a person has been issued a permit undertheTransportOperations(RoadUseManagement—VehicleRegistration)Regulation2010,section 108,authorisingtheuse
of an unregistered motor vehicle on roads.Current as at
[Not applicable]Page 33
Motor
Accident Insurance Act 1994Part 3 Compulsory
insurance[s 21](2)A
gratuitous CTP insurance policy in terms of the scheduleunder which the Nominal Defendant is the
insurer is taken tobe in force for the motor vehicle while the
permit is in force.(3)However, subsection (2) does not apply
for any period when aCTPinsurancepolicyisotherwiseinforceforthemotorvehicle while
the permit is in force.Notauthorised—indicativeonlyDivision 2Selection of
insurer21Selection of insurer(1)Onlodginganapplicationfortheregistrationofamotorvehiclewithtransportadministration,theapplicantmustselectalicensedinsurertobetheinsurerundertheCTPinsurancepolicyforthevehiclebyexercising1ofthefollowing
options—(a)the applicant may, at the time of
lodging the application,nominate,inawayapprovedbytransportadministration,aparticularlicensedinsurertobetheinsurer under
the CTP insurance policy for the vehicleand pay the
appropriate insurance premium to transportadministration;(b)the
applicant may lodge with the application a certificateinaformapprovedbythecommissioncertifyingthatthe
appropriate insurance premium has been paid to thelicensedinsureronwhosebehalfthecertificateisissued.(2)The
registered operator of a registered motor vehicle may, onlodginganapplicationforrenewalofregistrationoratanyother time,
change the insurer for the vehicle as from the endofthecurrentregistrationperiodbynominating,inawayapproved by
transport administration, another licensed insureras
the insurer of the motor vehicle.(3)However—(a)if a
registered operator lodges an application for renewalofregistrationbeforetheendofacurrentperiodofPage 34Current as at
[Not applicable]
Motor
Accident Insurance Act 1994Part 3 Compulsory
insurance[s 21]Notauthorised—indicativeonlyregistration, a nomination to change the
insurer for theperiod for which the renewal is to take
effect can not bemadeafterthetimeoflodgingtheapplicationforrenewal; and(b)anominationundersubsection (2)becomesvoidif,between the time it is lodged and the time
it is to takeeffect—(i)the
registration of the motor vehicle is transferred;or(ii)afurthernoticeofnominationislodgedwithtransport administration under subsection
(2).(4)On lodging an application for renewal
of the registration of amotorvehiclewithtransportadministration,theapplicantmust—(a)paytheappropriateinsurancepremiumtotransportadministration;
or(b)lodgewithtransportadministrationacertificateinaformapprovedbythecommissioncertifyingthattheappropriate insurance premium (for the
period for whichthe registration is to be renewed) has been
paid to thelicensedinsureronwhosebehalfthecertificateisissued.(5)If
an applicant for registration or renewal of registration of
amotor vehicle pays to transport
administration an amount thatis(aftersubtractinganyamountpayabletotransportadministration
by way of registration fees and charges) lessthantheappropriateinsurancepremiumbutwithinthetolerances set by the commission—(a)theapplicantistakentohavepaidtheappropriateinsurance
premium; and(b)the amount is to be applied as
follows—(i)first to paying the registration fees
and charges, theadministration fee and the levies;(ii)secondlytopayingtheremainingbalancetotheinsurer.Current as at [Not applicable]Page
35
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 3
Compulsory insurance[s 21](6)However, in a case to which subsection (5)
applies, the CTPinsurer may recover, as a debt, from the
registered operator ofthemotorvehiclethedifferencebetweentheinsurer’spremiumtheinsurerwouldhavereceivediftheinsurancepremiumhadbeenpaidinfullandtheamountactuallyreceived by the insurer.(7)The
commission may—(a)fix tolerances for subsection (5);
or(b)changeorreplacetolerancespreviouslyfixedforsubsection (5).(8)Whenthecommissionfixesthetolerances(orchangesorreplacestolerancespreviouslyfixed),thecommissionmustgive
written notice of the tolerances (or the new tolerances) totransport administration and all licensed
insurers.(9)For this section—(a)a
person is taken to have made a nomination in a wayapproved by transport administration if the
nominationiscommunicatedtotransportadministrationinawaytransport
administration considers acceptable; and(b)apersonistakentohavelodgedacertificatewithtransport administration if the certificate
or its contentsaretransmittedto,andreceivedby,transportadministrationinawaytransportadministrationconsiders
acceptable.(10)In this
section—appropriateinsurancepremiummeansthegrossinsurancepremium calculated by reference to—(a)theperiodforwhichregistrationistobegrantedorrenewed; and(b)the
class of motor vehicle; and(c)the
insurer’s premium for the insurer last selected underthis
section for the relevant class of insurance.Page 36Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 3 Compulsory
insurance[s 22]22Licensed insurer can not decline CTP
business(1)ACTPinsurancepolicyunderthisActisbindingonthelicensed insurer
by force of this Act, and a licensed insurercannotrepudiate,ordeclinetoissueorrenew,aCTPinsurance policy.(2)If
an application is made to a licensed insurer for an
insurancecertificate for use in connection with an
application to registerorrenewtheregistrationofamotorvehicle,andtheappropriate
insurance premium is tendered to the insurer bythe applicant,
the insurer must issue the certificate.Maximum
penalty—300 penalty units.(3)Acourtthatconvictsaninsurerofanoffenceagainstsubsection (2) may, by order, withdraw the
licence.23Statutory policy of insurance(1)Whentransportadministrationregistersorrenewstheregistration of a motor vehicle—(a)a policy of insurance in terms of the
schedule comes intoforceforthemotorvehiclewhentheregistrationorrenewal of registration takes effect;
and(b)thelicensedinsurerselectedunderthispartinorinrelation to the
relevant application is the insurer underthe
policy.(2)The policy remains in force for the
period of registration andforafurtherperiodofgraceendingonthefirstofthefollowing to
happen—(a)on the renewal of the registration or
the grant of a permitallowingthevehicletobedrivenonroadswhileunregistered;(b)on
the expiry of 30 days from the end of the period ofregistration.(3)However—(a)iftheregistrationiscancelledbeforetheendoftheperiod for which it was granted or
renewed, the policyCurrent as at [Not applicable]Page
37
Motor
Accident Insurance Act 1994Part 3 Compulsory
insurance[s 23]Notauthorised—indicativeonlyceases to be in force when the
cancellation takes effect(and there is no period of grace);
and(b)if a cancellation of registration
takes effect during theperiodofgrace,theperiodofgraceendswhenthecancellation takes effect; and(c)the period of grace does not include a
period for whichthe vehicle has plates attached to it that
allow it to bedriven while unregistered; and(d)iftheregisteredoperatorofthemotorvehiclehasselected a licensed insurer to become the
insurer of themotorvehicleasfromtheendoftheperiodofregistration,theselectedinsurerbecomestheinsurerunder the policy
for the period of grace.(3A)If the
registration of a motor vehicle is renewed after the endof
the period of grace, the vehicle is uninsured from the end
oftheperiodofgraceuntiltheregistrationisrenewed(eventhoughtheperiodforwhichtheregistrationisrenewedisbackdated to the end of the previous
registration period).(4)The validity of
the policy is unaffected by—(a)transport administration’s failure to
collect the insurancepremium in full; or(b)another error of transport
administration or an error ofan
insurer.(5)If a CTP insurance policy comes into
force under this Act andthe insurance premium has not been
collected, in full, by orfortheinsurer,the
insurermayrecoverthepremium,orasmuch of it as has not been paid, as a
debt, from the person inwhose name the motor vehicle is
registered.(6)If—(a)achequereceivedbytransportadministrationforthepremium, or for an amount including
the premium, on aCTP insurance policy is not paid on first
presentation; or(b)transport administration becomes aware
that, because ofadministrativeerror,theamountacceptedbyitasthePage 38Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 3 Compulsory
insurance[s 23]premiumonaCTPinsurancepolicyisnotthefullamount of the
premium; or(c)apaymentreceivedelectronicallybytransportadministrationforthepremium,orforanamountincludingthepremium,onaCTPinsurancepolicyissubsequently withdrawn;transport
administration must, as soon as practicable, informtheinsureroftherelevantfactandofanyactiontakenbytransportadministrationtorecoverthepremiumorthebalance of the premium.(7)If provision is made by regulation for
the gratuitous insuranceofvehiclesofaparticularclassunderpoliciesofCTPinsurance,avehicleoftherelevantclassmustberegarded,subjecttoanyconditionsandlimitationsprescribedbyregulation, as insured by a CTP insurance
policy under whichthe Nominal Defendant is the insurer.(8)If a licensed insurer issues a CTP
insurance certificate for anuninsured motor
vehicle, the motor vehicle is covered by theinsurerunderaCTPinsurancepolicywhilethevehicleisbeing driven as far as is reasonably
necessary—(a)toobtainaninspectioncertificate,oraweighbridgecertificate,
necessary for the vehicle’s registration; or(b)to
take the vehicle to the nearest convenient place for aninspection that is necessary for
registration.(9)However, CTP insurance cover under
subsection (8) does notextend to an unregistered vehicle
while it is being driven to aplacetoarrangeorundergorepairoranotherpurposenotspecifically authorised by the
subsection.(10)In this
section—inspectioncertificatemeansaninspectioncertificateundertheTransportOperations(RoadUseManagement—VehicleStandards and
Safety) Regulation 2010.Current as at
[Not applicable]Page 39
Motor
Accident Insurance Act 1994Part 3 Compulsory
insurance[s 24]24Transfer of registrationACTPinsurancepolicyisunaffectedbyachangeofownership, or a transfer of the registration
of, a motor vehicleto which it relates.Notauthorised—indicativeonly25Motor vehicle
must be insured under correct class(1)An
applicant for registration, or renewal of registration, of amotorvehiclemustnotmakeamisstatementormisrepresentation that results in—(a)the motor vehicle being incorrectly
classified; and(b)aconsequentreductionintheamountofthepremiumcharged for the CTP insurance policy for the
vehicle.Maximum penalty—30 penalty units.(2)However,itisadefencetoachargeofanoffenceagainstsubsection
(1)toprovethatthedefendantbelievedonreasonable grounds that the
misstatement or misrepresentationwas true.(2A)A person must
not drive a motor vehicle, or permit a motorvehicle to be
driven, on a road or in a public place knowingthat the vehicle
has been incorrectly classified and that, as aresult, less
than the appropriate insurance premium has beenpaid for a
policy of CTP insurance.Maximum penalty—30 penalty
units.(3)An insurer must not fix the insurance
premium to be paid for aCTPinsurancepolicyonthebasisofaclassificationofamotor vehicle the insurer knows to be
incorrect.Maximum penalty—300 penalty units.26Non application in certain
casesThis division does not apply to—(a)a trailer other than a trailer that is
registered, or about tobe registered, under theInterstateRoadTransportAct1985(Cwlth);
orPage 40Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 3 Compulsory
insurance[s 27](b)a
motor vehicle owned by a self-insurer.Division 3Disbursement of gross insurancepremiums27Disbursement of gross premiums by
transportadministration(1)Transport administration must in each
week—(a)givethecommissionareturnsettingout,fortheprevious week—(i)thetotalamountreceivedbywayofinsurancepremiums; and(ii)thetotalamountreceivedbywayofinsurer’spremium for each licensed insurer;
and(iii)the amount
received by way of statutory insurancescheme levy;
and(iv)theamountreceivedbywayofhospitalandemergency services levy; and(v)the amount received by way of Nominal
Defendantlevy; and(vi)the
amount received by way of the injury insurancescheme levy;
and(vii) the amount received by way of
administration fee;and(b)pay to each
licensed insurer the total amount received byway of insurer’s
premium for the licensed insurer; and(c)pay
to the commission the total amount received by wayoflevies,otherthanamountsreceivedbywayoftheinjury insurance scheme levy.(2)Transport administration must also in
each week—Current as at [Not applicable]Page
41
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 3
Compulsory insurance[s 27A](a)give
the insurance agencya return setting out, for theprevious week, the amount received by way of
the injuryinsurance scheme levy; and(b)pay to the insurance agency the total
amount received byway of the injury insurance scheme
levy.(3)For subsections (1)(c) and (2)(b), the
total amount received bywayoflevyincludesanyamountreceivedfromalicensedinsurer for
transmission to the commission or the insuranceagency.(4)Transport administration may retain
the amount received byway of administration fee.27ADisbursement of gross premiums by
insurers whoreceive premiums directly(1)Withinaweekaftertransportadministrationnotifiesalicensedinsurerthatithasreceivedacertificatecertifyingpayment of an
insurance premium to the licensed insurer, thelicensed insurer
must—(a)pay to transport administration (for
transmission to thecommission or the insurance agency) the
component ofthe insurance premium consisting of the
levies; and(b)paytotransportadministrationthecomponentoftheinsurance premium consisting of the
administration fee.Maximum penalty—150 penalty units.(2)However,aninsurer’sliabilitytomakepaymentsundersubsection
(1)totransportadministration,andtransportadministration’sliabilitytopayinsurer’spremiumstotheinsurer,maybesetoffagainsteachotherunderanarrangement between transport
administration and the insurer(butsuchanarrangementisnottoaffecttheextentoftransportadministration’sliabilitytopayleviestothecommission or
the insurance agency).(3)Ifaninsurerfailstomakeapaymenttotransportadministrationwhenrequiredunderthissection,transportPage 42Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 3 Compulsory
insurance[s 28]administrationmayrecovertheamountasadebt,togetherwith
interest at a rate fixed under a regulation.Division 4The
statutory funds28Motor Accident Insurance Fund(1)ThereistobeafundcalledtheMotorAccidentInsuranceFund.(2)The fund consists of—(a)an amount transferred to the fund
under section 33(6) or106; and(b)the
amounts received or recovered by the commissionby way of the
statutory insurance scheme levy under thisAct; and(c)the amounts received or recovered by
the commissionbywayofthehospitalandemergencyserviceslevyunder this Act;
and(d)any penalties or penalty interest
imposed under this Act;and(e)income derived from the investment of the
fund.(3)The fund is to be applied to meet the
cost of administering thisAct, including—(a)allexpenditurebythecommissionintheexerciseofstatutory powers and functions (including
payments tobemadeundersection 106(4)butnotcostsotherwiseassociated with the Nominal Defendant
scheme); and(b)paymentsrelatingtoanadvanceofamountsundersubsection (6), that are payable under the
terms of theadvance.(4)The
amounts received into the fund by way of the hospital andemergency services levy are to be applied
towards providingpublic hospital services and public
emergency services and,Current as at [Not applicable]Page
43
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 3
Compulsory insurance[s 29]forthatpurpose,aretobepaidtorelevantgovernmententities.(5)The Treasurer may decide at which
periodic intervals, and inwhat proportions, the amounts are to
be paid.(6)The Treasurer may advance amounts to
the fund on the termsthe Treasurer considers
appropriate.29Nominal Defendant Fund(1)There is to be a fund called the
Nominal Defendant Fund.(2)The following
amounts are to be paid into the fund—(a)the
amounts to be paid by the Treasurer to the credit ofthe
fund under section 106;(b)the income
derived from the Nominal Defendant levy;(c)theamountspaidto,orrecoveredby,theNominalDefendant under this Act;(d)amounts advanced to the fund under
this section;(e)income derived from investment of the
fund.(3)The following amounts are to be paid
from the fund—(a)the costs of carrying out the
functions of the NominalDefendant under the statutory
insurance scheme;(b)amountsrequiredtosatisfyliabilitiesoftheNominalDefendant for
motor vehicle accident claims;(c)paymentsrelatingtoanadvanceofamountsundersubsection (4), that are payable under the
terms of theadvance.(4)The
Treasurer may advance amounts to the fund on the termsthe
Treasurer considers appropriate.Page 44Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 5Motor Accident
Insurance Act 1994Part 3 Compulsory insurance[s
30]Transfer of CTP business30Transfer of CTP business(1)The
commission may, on the joint application of 2 licensedinsurers,approvethetransferofCTPbusinessfromoneinsurer (thetransferor) to the other
(thetransferee).(2)An approval under this section may be
given on the conditionsthe commission considers
appropriate.(3)Notice of an approval under this
section must be published inthe
gazette.(4)On publication of the notice of
approval in the gazette—(a)allrightsandliabilitiessubjecttothetransferaretransferred to, and become rights and
liabilities of, thetransferee; and(b)this
Act operates as if the transferee had been selected astheinsurerundertheCTPpoliciessubjecttothetransfer; and(c)if
the transferor’s entire CTP business is transferred—the
transferor’s licence is withdrawn; and(d)if
part of the transferor’s CTP business is transferred—the
transfer is an adequate reason for withdrawing thelicence.Editor’s
note—Itshouldbenotedthat,undersection
66(1),thecommissionmaywithdraw a licence if the insurer asks the
commission to withdraw it,theinsurercontravenesthisAct,aconditionofthelicenceortheindustry deed, or there is some other
reason justifying withdrawal of thelicence.Current as at [Not applicable]Page
45
Motor
Accident Insurance Act 1994Part 4
Claims[s 31]Part 4ClaimsNotauthorised—indicativeonlyDivision 1The
insurer31Principles for determining the
insurer(1)If personal injury is caused by,
through or in connection witha motor vehicle,
the insurer for the statutory insurance schemeis to be decided
in accordance with the following principles—(a)ifthemotorvehicleisaninsuredmotorvehicle—theinsurer under
the CTP insurance policy is, subject to thisdivision, the
insurer;(b)if the motor vehicle is not insured
but a self-insurer isthe registered owner—the self-insurer
is the insurer;(c)if the motor vehicle is not insured
and a self-insurer isnot the registered owner—the Nominal
Defendant is theinsurer;(d)if
the motor vehicle, or insurer under its CTP insurancepolicy, can not be identified—the Nominal
Defendant isthe insurer.(2)Inanylegalproceedings,itistobepresumedthatamotorvehicle can not
be identified if it is established by affidavit ororal
evidence that proper inquiry and search have been madeand
have failed to establish the identity of the motor vehicle.(3)IfatrailerisattachedtoamotorvehicleregisteredinQueensland or runs out of control after
becoming accidentallydetached from a motor vehicle
registered in Queensland, thetrailer must be
regarded as part of the motor vehicle and theinsurer of the
motor vehicle is the insurer of the trailer but, inany
other case, the insurer of a trailer registered in
Queenslandis the Nominal Defendant whose liability is
to be decided as ifthe Nominal Defendant had issued a separate
CTP insurancepolicy for the trailer.(4)However—Page 46Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 4
Claims[s 32](a)ifamotorvehicleaccidentinvolvingatrailerwithaGVMofmorethan4.5tonneshappensoutsidetheState—the Nominal Defendant is not the
insurer of thetrailer under subsection (3); and(b)if a CTP insurance policy (other than
a supplementarypolicy) is issued for, or expressly extends
to, a trailer—the insurer under the policy is the insurer
of the trailerfor all purposes.(5)In
this section—supplementary policymeans a policy
of insurance for a trailerinsuringagainstliabilityforpersonalinjurycausedby,through or in connection with the trailer,
other than a liabilitycovered under subsection (3).32Self-insurer as the insurerIf
personal injury is caused by, through or in connection withamotorvehiclethatisnotinsuredunderaCTPinsurancepolicybutaself-insureristheregisteredowner,theself-insurer’sliabilityisthesameasiftheself-insurerhadbeen, when the motor vehicle accident
happened, the insurerunderaCTPinsurancepolicyunderthisActforthemotorvehicle.33Nominal Defendant as the
insurer(1)The Nominal Defendant’s liability for
personal injury causedby, through or in connection with a
motor vehicle is the sameas if the Nominal Defendant had been,
when the motor vehicleaccident happened, the insurer under a
CTP insurance policyunder this Act for the motor
vehicle.(2)IftheinsurerunderaCTPinsurancepolicybecomesinsolvent, the Nominal Defendant becomes the
insurer underCTP policies in force under this Act for
which the insolventinsurerwasformerlytheinsurerunlessthepoliciesaretransferred to some other licensed
insurer.Current as at [Not applicable]Page
47
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 4
Claims[s 33](3)The
Nominal Defendant is liable for personal injury arisingout
of a motor vehicle accident outside Queensland only if—(a)the liability arises under subsection
(2); or(b)thepersonalinjuryiscausedby,throughorinconnectionwithamotorvehiclethatisgratuitouslyinsured under
section 23(7).(4)Subjecttosubsection (5),iftheNominalDefendantFundprovesinsufficienttomeettheliabilitiesoftheNominalDefendant under
subsection (2), the commissioner must makepayments from
the Motor Accident Insurance Fund to meetthe
deficiency.(5)The total payments from the Motor
Accident Insurance Fundundersubsection
(4)andundersection
106(4),includingpaymentsmadeundersection 106(4)beforethecommencement of this subsection, can
not be more than theamount that was transferred to the
fund under section 106(3).(6)IfanamountisrecoveredorreceivedbytheNominalDefendant,bywayofanactionoraclaimrelatingtotheinsolvencyofaninsurerunderaCTPinsurancepolicy,theTreasurer may, by written notice to the
Nominal Defendant,directittotransferanamount,notexceedingtheamountrecovered or
received, to the Motor Accident Insurance Fund.Editor’s
note—Seesection 61(NominalDefendant’srightsofrecourseagainstinsurer).(7)However,thetotalamounttheTreasurermaydirecttheNominalDefendanttotransfertotheMotorAccidentInsuranceFundfromalltheamountsrecoveredorreceivedrelatingtoaninsolventinsurer,asmentionedinsubsection (6), must not exceed the total
payments from thefund made by the commissioner under
subsection (4) relatingto that insolvent insurer.Page
48Current as at [Not applicable]
Division 2Motor Accident
Insurance Act 1994Part 4 Claims[s 34]Duty
to notify accidents and claimsand provide
informationNotauthorised—indicativeonly34Duty to notify accidents to
police(1)Apersonwhoproposestomakeamotorvehicleaccidentclaim (including
a person acting in a representative capacity)must ensure that
appropriate notice of the accident has beengiven to a
police officer.(2)Appropriate notice of a motor vehicle
accident is—(a)thereportofparticularsrequiredundertheTransportOperations(RoadUseManagement—RoadRules)Regulation 1999, section 287;
orEditor’s note—TransportOperations(RoadUseManagement—RoadRules)Regulation1999—seetheTransportOperations(RoadUseManagement—Road Rules) Regulation
2009, section 356.(b)if(andonlyif)particularshavenotbeenreportedasrequired under that section—a notice
under this sectionin a form approved by the commission.(3)A notice under this section
must—(a)state the intending claimant’s full
name, date of birth,residential address and a telephone
number at which theclaimant can be contacted; and(b)statethedate,timeandplaceoftheaccidentanddescribe how it happened; and(c)identify all motor vehicles and
drivers involved in theaccident (as far as known to the
intending claimant); and(d)state the names
and residential addresses of all personsinjured in the
accident (as far as known to the intendingclaimant);
and(e)state the names and residential
addresses of all personswhowitnessedtheaccident(asfarasknowntotheintending
claimant); andCurrent as at [Not applicable]Page
49
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Claims[s 35](f)statethegeneralnatureofthepersonalinjurytotheintending claimant.35Duty to provide information(1)Thedriver,personinchargeorownerofamotorvehicleinvolvedinanaccidentoutofwhichpersonalinjuryarisesmust, at the request of the insurer of a
vehicle involved in theaccident, provide any information
about the accident that theinsurer may
reasonably require within 1 month after receivingthe
request.(2)A person must not, without reasonable
excuse, fail to complywith a request for information under
subsection (1).Maximum penalty—10 penalty units.(3)A person asked to provide information
under subsection (1)has a reasonable excuse for not
complying with the request ifthe information
would tend to incriminate the person.(4)A
person, if not the driver, owner, or person in charge of themotor vehicle insured by the insurer asking
for information,need not comply with the request unless it
was made with theagreement of the insurer of the motor
vehicle.(5)An insurer who asks for information
under this section mustdisclose fully in the request the
nature of the insurer’s interestin the motor
vehicle accident.36Duty to notify claims(1)A person who receives a claim or
demand, or notice of a claimordemand,aboutpersonalinjuryarisingoutofamotorvehicle accident must, within 1 month after
receiving it, givethe claim, demand or notice to the insurer
of the motor vehicleunder the statutory insurance
scheme.Maximum penalty—10 penalty units.(2)A person who receives a writ or other
process of a court abouta motor vehicle accident claim must
immediately give it to thePage 50Current as at
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Claims[s 37]insurerofthemotorvehicleunderthestatutoryinsurancescheme.Maximum
penalty—10 penalty units.Division 3Claims
procedures37Notice of accident claim(1)Before bringing an action in a court
for damages for personalinjury arising out of a motor vehicle
accident, a claimant mustgive written notice of the motor
vehicle accident claim to theinsurer or 1 of
the insurers, against which the action is to bebrought—(a)containing a statement of the
information required undera regulation; and(b)authorisingtheinsurertohaveaccesstorecordsandsourcesofinformationrelevanttotheclaimspecifiedunder a
regulation; and(c)authorisingtheinsuranceagencytoexchangeinformation
about the claimant with an entity prescribedbyregulationundertheNationalInjuryAct,section19(3)—(i)in
the event that the insurer makes an applicationunderthatActfortheclaimantinrelationtotheinjury; and(ii)for
the purpose of the insurance agency performingits functions
under that Act; and(d)accompaniedbythedocumentsprescribedbyregulation.(2)The
notice must be given—(a)if it is to be
given to the Nominal Defendant because themotorvehiclecannotbeidentified—within3monthsafter the motor
vehicle accident; orCurrent as at [Not applicable]Page
51
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Claims[s 37A](b)inanyothercase—withintheperiodendingontheearlier of the
following dates—(i)9monthsafterthemotorvehicleaccidentor,ifsymptomsoftheinjuryarenotimmediatelyapparent, the
first appearance of symptoms of theinjury;(ii)1 month after
the claimant first consults a lawyerabout the
possibility of making a claim.(3)If
notice of a motor vehicle accident claim is not given withinthe
time fixed by this section, the obligation to give the
noticecontinues and a reasonable excuse for the
delay must be givenin the notice or by separate notice to the
insurer but, if a motorvehicle can not be identified and the
notice is not given to theNominal Defendant within 9 months
after the motor vehicleaccident, the claim against the
Nominal Defendant is barred.(4)If 2
or more motor vehicles were involved in the motor vehicleaccident,theinsurertowhichnoticeisgivenundersubsection (1)must,within7daysafterreceivingit,giveacopyofthenoticetoanyotherinsurerofamotorvehicleinvolved in the
motor vehicle accident.37AAdditional
information form(1)An insurer to whom notice of a motor
vehicle accident claimisgivenmayasktheclaimanttoprovideadditionalinformationabouttheclaimandthecircumstancesoutofwhich it arises.(2)Withoutlimitingsubsection(1),aninsurermay,forconsidering any of the following
matters, ask the claimant toprovide
additional information about the injury the subject ofthe
claim—(a)whether the injury is a serious
personal injury in relationto which the
National Injury Act applies;(b)whether the claimant is an eligible
person.Page 52Current as at
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Claims[s 37B](3)The
information must be provided in a form approved by thecommission(anadditionalinformationform)tobecompleted and returned to the
insurer.(4)Theclaimantmustcompleteandreturnanadditionalinformation form
to the insurer—(a)if the claim relates to a motor
vehicle that can not beidentifiedandtherequestismadebytheNominalDefendant—within
the period ending on the later of thefollowing
dates—(i)3 months after the motor vehicle
accident;(ii)1 month after
the date of the request; or(b)in
any other case—within the period ending on the laterof
the following dates—(i)9monthsafterthemotorvehicleaccidentor,ifsymptomsoftheinjuryarenotimmediatelyapparent, the
first appearance of symptoms of theinjury;(ii)1 month after
the date of the request.37BWitness
information request made by insurer(1)An
insurer may, by written notice, ask an emergency serviceto
give the insurer information to help the insurer identify orcontact a person who witnessed a motor
vehicle accident if theinsurer—(a)is
given notice of a motor vehicle accident claim for themotor vehicle accident; and(b)reasonably believes the information is
necessary—(i)todecidetheaccuracyofmattersrelatingtotheclaim;
and(ii)tohelptheinsurerresolvetheclaimunderthisdivision.(2)If an insurer asks an emergency
service for information underthis section,
the emergency service may give the informationCurrent as at
[Not applicable]Page 53
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Claims[s 38]totheinsurerdespiteanyotherlawthatwouldotherwiseprohibit or
restrict the giving of the information.(3)A
person, acting honestly, is not liable, civilly, criminally
orunder an administrative process, for giving
information underthis section.(4)In
this section—emergency servicemeans each of
the following—(a)the Queensland Ambulance
Service;(b)the Queensland Fire and Rescue
Service;(c)the Queensland Police Service.38Multiple insurers(1)If 2
or more motor vehicles are involved in a motor vehicleaccident in circumstances in which 2 or more
insurers may beliableonamotorvehicleaccidentclaimarisingoutoftheaccident, 1 of
the insurers (theclaim manager) is to act for
allthe insurers under this division and
divisions 4, 5, 5A, 6 and 9.(2)The
claim manager is to be decided by agreement between theinsurers within 2 months of the day when
notice of the claimwasfirstgivenunderthisdivisionor,ifagreementisnotreached within the period, the claim
manager is to be decidedunder the industry deed.(3)Untilitisdecidedundersubsection (2)whotheclaimmanager is to
be, the insurer to which notice of claim is firstgiven under this division is the claim
manager.(4)The claim manager—(a)mayexercisethepowersandperformthefunctionsconferred by
this division and divisions 4, 5, 5A, 6 and 9in relation to
the claim and the claimant for all insurersliable, or
potentially liable, on the claim; and(b)must
act as far as practicable with the agreement of theother insurers; andPage 54Current as at [Not applicable]
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Claims[s 39](c)is
entitled to contributions from the other insurers on thebasisprescribedbytheindustrydeedforexpenditureproperlyincurredasclaimmanager,andforamountsawarded or paid out on the claim.(5)The claim manager and the other
insurers must cooperate witheach other and
must provide each other with information intheir possession
relevant to the claim.(6)If the Nominal
Defendant is 1 of 2 or more insurers who maybe liable on a
motor vehicle accident claim because a motorvehicle that can
not be identified was involved in the accident,another insurer
may act for the Nominal Defendant under thissection only if
the Nominal Defendant agrees in writing.39Response to the notice of claim(1)Ifnoticeofamotorvehicleaccidentclaimisgiventoaninsurerunderthisdivisionorpurportedlyunderthisdivision—(a)theinsurermust,within14daysafterreceivingthenotice give the claimant written
notice—(i)statingwhethertheinsurerissatisfiedthatthenoticehasbeengivenasrequiredunderthisdivision;
and(ii)iftheinsurerisnotsatisfied—identifyingthenoncomplianceandstatingwhethertheinsurerwaives
compliance with the requirements; and(iii)if
the insurer does not waive compliance with therequirements—allowing the claimant a
reasonableperiod(atleast1month)specifiedinthenoticeeither to satisfy the insurer that the
claimant has infactcompliedwiththerequirementsortotakereasonable
action specified in the notice to remedythe
noncompliance; and(iv)iftheclaimantisnotaparticipantintheinjuryinsurance scheme
in relation to a serious personalinjuryresultingfromthemotorvehicleaccidentCurrent as at
[Not applicable]Page 55
Motor
Accident Insurance Act 1994Part 4
Claims[s 39]Notauthorised—indicativeonlythesubjectoftheclaim—statingwhethertheinsurer is prepared (without admitting
liability) tomeetthereasonableandappropriatecostoftheclaimant’s
rehabilitation; and(v)iftheclaimantisaparticipantintheinjuryinsurance scheme
in relation to a serious personalinjuryresultingfromthemotorvehicleaccidentthesubjectoftheclaim—statingwhethertheinsurer is prepared (without admitting
liability) tomeetthereasonableandappropriatecostoftheclaimant’srehabilitationforanyperiodthattheclaimant is not a participant in the
scheme; and(b)if the insurer is not prepared to
waive compliance withthe requirements in the first
instance—the insurer must,within14daysaftertheendoftheperiodspecifiedunderparagraph(a)(iii),givetheclaimantawrittennotice—(i)stating that the insurer is satisfied
the claimant hascompliedwiththerelevantrequirements,issatisfied with the action taken by the
claimant toremedythenoncomplianceorwaivesthenoncompliance in any event; or(ii)statingthattheinsurerisnotsatisfiedthattheclaimant has taken reasonable action
to remedy thenoncompliance,givingfullparticularsofthenoncomplianceandtheclaimant’sfailuretoremedy it.(2)If
an insurer to which notice of a motor vehicle accident claimis
given under this division or purportedly under this divisionis
not, for the purposes of the claim the insurer of the motorvehicletowhichtheclaimrelatesunderthestatutoryinsurance
scheme, the insurer must, instead of responding tothenoticeundersubsection (1),givetheclaimantwrittennoticedenyingthattheinsureristheinsurerunderthestatutory insurance scheme.(3)Ifnoticeofamotorvehicleaccidentclaimisgiventoaninsurer under this division or
purportedly under this division,Page 56Current as at [Not applicable]
Motor
Accident Insurance Act 1994Part 4
Claims[s 39]Notauthorised—indicativeonlyand
the insurer does not respond to the notice within 14 daysafter receiving it, the insurer is
conclusively presumed to besatisfied the
notice was given as required under this division.(4)However, the insurer’s failure to
respond to the notice doesnot prevent the insurer from later
denying that the insurer istheinsurerofthemotorvehicletowhichtheclaimrelatesunder the statutory insurance scheme, but
the insurer is liableto compensate the claimant and the
insurer against which theclaim properly lies for prejudice
resulting from the insurer’sfailure to
respond to the notice under subsection (2).(5)A
claimant’s failure to give notice of a motor vehicle
accidentclaimasrequiredunderthisdivisionpreventstheclaimantfrom proceeding
further with the claim unless—(a)the
insurer—(i)hasstatedthattheinsurerissatisfiednoticehasbeengivenasrequiredunderthisdivisionortheclaimant has
taken reasonable action to remedy thenoncompliance;
or(ii)is presumed to
be satisfied notice has been given asrequired under
this division; or(b)the insurer has waived compliance with
the requirement;or(c)the court, on
application by the claimant—(i)declaresthattheclaimanthasremediedthenoncompliance; or(ii)authorises further proceedings based on the
claimdespite the noncompliance.(6)An order of the court under subsection
(5)(c) may be made onconditionsthecourtconsidersnecessaryorappropriatetominimise prejudice to an insurer from the
claimant’s failure tocomply with requirements of this
division.(7)If a claimant does not comply with the
requirements of thisdivision, a court before which the
claimant brings an actionfor damages on the claim—Current as at [Not applicable]Page
57
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Claims[s 40](a)may,
on the insurer’s application, award in the insurer’sfavourcosts(includinglegalandinvestigationcosts)reasonablyincurredbytheinsurerbecauseoftheclaimant’s default; and(b)may only award interest in the
claimant’s favour for aperiod for which the claimant was in
default if the courtis satisfied there is a reasonable
excuse for the default.(8)If a claim
against the Nominal Defendant is barred becausethe claim
relates to personal injury caused by, through or inconnection with a motor vehicle that can not
be identified andthe claimant failed to give notice of claim
under this divisionwithin 9 months after the motor vehicle
accident, the NominalDefendant can not waive compliance
with the requirement togive notice within the time allowed by
this division, nor canthe court give leave to bring a
proceeding in a court despitethe
noncompliance.40Minority and legal disabilities(1)Aclaimant’sobligationtocomplywiththisdivisionissuspended during the claimant’s
minority or a period of legalincapacity.(2)A
period within which the obligation is to be complied withbegins when the claimant’s minority or legal
incapacity ends.(3)However, this section does not prevent
a claimant, or a personactingfortheclaimant,fromcomplyingwithanobligationunderthisdivisionduringtheclaimant’sminorityorlegalincapacity.41Insurer must attempt to resolve claim(1)Within 6 months after an insurer
receives notice of a motorvehicle accident claim under this
division, the insurer must—(a)takereasonablestepstoinformitselfofthecircumstancesofthemotorvehicleaccidentoutofwhich the claim arises; and(b)give the claimant written notice
stating—Page 58Current as at
[Not applicable]
Motor
Accident Insurance Act 1994Part 4
Claims[s 41]Notauthorised—indicativeonly(i)whether liability is admitted or
denied; and(ii)if contributory
negligence is claimed—the degreeofthecontributorynegligenceexpressedasapercentage;
and(iii)iftheclaimantisnotaparticipantintheinjuryinsuranceschemebuttheinsurerconsiderstheclaimantmaybeaneligibleperson—thattheclaimant may be an eligible person;
and(c)if the claimant made an offer of
settlement in the noticeofclaim,informtheclaimantwhethertheinsureracceptsorrejectstheofferor,iftheclaimantdidnotmakeanofferofsettlementinthenotice,invitetheclaimant to make a written offer of
settlement.(2)Assoonaspracticableafteraninsurerreceivesnoticeofaclaim under the division, the insurer
must—(a)make a fair and reasonable estimate of
the damages towhichtheclaimantwouldbeentitledinanactionagainst the
insurer; and(b)make a written offer (or counter
offer) of settlement tothe claimant setting out in detail the
basis on which theoffer is made, or settle the claim by
accepting an offermade by the claimant.(3)If a
notice of claim is not given as required under this
division,the insurer is taken to receive the notice
when—(a)theinsurergivestheclaimantnoticethattheinsurerwaivescompliancewiththerequirementthathasnotbeen complied
with or is satisfied the claimant has takenreasonable
action to remedy the noncompliance; or(b)the
court makes a declaration that the claimant is takento
have remedied the noncompliance, or gives leave tobringaproceedingbasedontheclaimdespitethenoncompliance.(4)An
offer (or counter offer) of settlement must be accompaniedbyacopyofmedicalreports,assessmentsofcognitive,functionalorvocationalcapacity,orothermaterialintheCurrent as at
[Not applicable]Page 59
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Claims[s 42]offerer’spossessionthatmayhelpthepersontowhomtheoffer is made make a proper assessment of
the offer.(5)An insurer or claimant to whom a
written offer (or counteroffer)ofsettlementismademust(unlessaresponsetotheoffer is to be made under subsection
(1)(c)) respond in writingtotheoffer,within3monthsafterreceivingit,indicatingacceptance or
rejection of the offer.(6)An admission of
liability by an insurer under this section—(a)is
not binding on the insurer on another claim arising outof
the same motor vehicle accident; and(b)is
not binding on the insurer at all if it later appears theadmission was induced by fraud.42Payment of medical expenses
etc.(1)Once liability has been admitted, it
is the duty of the insurer tomakepaymentstoorfortheclaimantforprivatehospital,medicalandpharmaceuticalexpensesreasonablyandappropriately incurred because of the injury
or a proportionatepartoftheexpensesreflectingtheextentoftheinsurer’sresponsibility(assumingtheclaimanttobeguiltyofcontributory negligence as asserted by the
insurer).(2)A payment must be made under this
section on presentation ofan account made up, and verified, as
required by regulation.(3)However,theinsurerisnotrequiredtomakeapaymentinrelation to the claimant’s treatment, care
and support needs asa result of the injury if—(a)the claimant is, when the needs arise,
a participant in theinjury insurance scheme in relation to
a serious personalinjuryresultingfromthemotorvehicleaccidentthesubject of the claim; or(b)the
needs arise after an amount is paid to the claimant,or a
person acting for the claimant, under the NationalInjuryAct,section44(3)(a)inrelationtoapersonalinjuryresultingfromthemotorvehicleaccidentthesubject of the claim.Page 60Current as at [Not applicable]
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Accident Insurance Act 1994Part 4
Claims[s 43](4)Subsection (3) applies—(a)whether or not the injury the subject of the
claim is aserious personal injury; and(b)whether or not the treatment, care and
support needs arean approved service for the claimant under
the NationalInjury Act; and(c)whetherornottheinsuranceagencymust,underthatAct,
make a payment in relation to the treatment, careand
support needs; and(d)whetherornotthetreatment,careandsupportisprovided without charge.(5)An
insurer may recover payments made under this section if itlaterappearsthattheadmissionofliabilitywasinducedbyfraud.43Insured person not to admit liability(1)Aninsuredpersonmustnot,withouttheinsurer’swrittenagreement—(a)makeanadmissionofliabilityonamotorvehicleaccident claim; or(b)settle, or offer to settle, a motor vehicle
accident claim;or(c)make a payment,
or offer or promise to make a payment,on a motor
vehicle accident claim.(2)Acontract,offerorpromisemadeincontraventionofthissection does not
bind the insurer.(3)Thissectiondoesnotpreventaninsuredpersonfromprovidingapoliceofficerwithinformationreasonablyrequired to
prepare a report on a motor vehicle accident.(4)Aninsuredpersonincursnocivilliabilitytoaninsurerthrough contravention of this
section.Current as at [Not applicable]Page
61
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Claims[s 44]44Power
of insurer to act for insured(1)If a
motor vehicle accident claim is made against an insuredperson, the insurer—(a)must
undertake the conduct and control of negotiationsand
legal proceedings related to the claim; and(b)may
compromise or settle the claim or legal proceedingsrelated to the claim and act for the insured
person in anyother way in relation to the claim.(2)Theinsuredpersonmustsignanydocumentsnecessarytogive effect to this section and, if
the insured person does notsign or is dead,
absent or can not be found, the insurer maysign for the
insured person.(3)Nothing said or done by an insurer in
connection with a motorvehicle accident claim, or legal
proceedings related to a motorvehicleaccidentclaim,isanadmissionofliabilityin,orotherwise prejudices or affects,
another claim or proceedingsarising out of
the same circumstances.Division 4Cooperation
between claimant andinsurer45Duty
of claimant to cooperate with insurer(1)Aclaimantmustcooperatewiththeinsurerand,inparticular—(a)must
provide the insurer with copies of reports and otherdocumentarymaterial(includingwrittenstatementsmade by the
claimant or by witnesses) in the claimant’spossessionaboutthecircumstancesoftheaccidentortheclaimant’smedicalconditionorprospectsofrehabilitation; and(b)mustgiveinformationreasonablyrequestedbytheinsurer
about—(i)the circumstances of the accident out
of which theclaim arose; andPage 62Current as at [Not applicable]
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Claims[s 45A](ii)thenatureoftheinjuriesresultingfromtheaccidentandofanyconsequentdisabilitiesandfinancial loss; and(iii)ifapplicable—themedicaltreatmentandrehabilitationservicestheclaimanthassoughtorobtained; and(iv)theclaimant’smedicalhistory(asfarasitisrelevanttotheclaim),andanyotherclaimsforcompensationforpersonalinjurymadebytheclaimant.(2)The
claimant must—(a)providethecopiesofreportsandotherdocumentarymaterialswithin1monthaftergivingnoticeofthemotorvehicleaccidentclaimor,ifthereportsormaterialcomeintotheclaimant’spossessionlater,within1monthaftertheycomeintotheclaimant’spossession;
and(b)respondtoarequestundersubsection (1)(b)within1month after receiving it.(3)If, after notice of a claim is given
to the insurer but before theclaim is
resolved, the claimant becomes aware of a significantchangeintheclaimant’smedicalcondition,orinothercircumstances,relevanttotheextentoftheclaimant’sdisabilitiesorfinancialloss,theclaimantmust,within1month after becoming aware of the change,
inform the insurerof the change.(7)Anyinformationprovidedbyaclaimantunderthissectionmust be verified
by statutory declaration if the insurer requiresit
to be verified by statutory declaration.45APanels of recognised medical experts(1)The commission—(a)mayestablishapanelofexpertsforreportingonthemedicalconditionofclaimantsandtheirprospectsofCurrent as at [Not applicable]Page
63
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Claims[s 46]rehabilitation(theofficialpanelofmedicalexperts);and(b)mayrevisethemembershipofthepanelfromtime
totime by adding to, or removing, the names of
the expertswho constitute the panel.(2)Indecidingonthecompositionofthepanel,thecommission—(a)mustconsultwiththeprofessionalbodieswithwhichconsultation is required under a regulation;
and(b)may only include an expert on the
panel if—(i)the expert’s inclusion is endorsed by
the relevantprofessional bodies; or(ii)the
commission is satisfied there is good reason forinclusionoftheexpertonthepaneldespitetheabsenceofendorsementbytherelevantprofessional
bodies.46Claimant and insurer may jointly
arrange for expert report(1)An insurer and a
claimant (or intending claimant) may jointlyarrange for an
expert report on—(a)the motor vehicle accident; or(b)theclaimant’smedicalconditionorprospectsofrehabilitation.(2)Neither an insurer nor a claimant is under
any obligation toagree to a proposal to obtain a report under
this section.(3)The person by whom an expert report is
obtained is to be aperson,agreedtobybothparties,withappropriatequalifications
and experience in the relevant field.(4)The
person by whom an expert report is prepared under thissection must provide both parties with a
copy of the report.Page 64Current as at
[Not applicable]
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Accident Insurance Act 1994Part 4
Claims[s 46A]46AExamination of claimant by medical expert in
absence ofagreement between the parties(1)This section applies if the insurer
wants to obtain an expertreportontheclaimant’smedicalconditionorprospectsofrehabilitation but fails to obtain the
claimant’s agreement.(2)Theclaimantmustcomplywitharequestbytheinsurertoundergo, at the insurer’s expense—(a)a medical examination by a doctor to
be selected by theclaimant from a panel of at least 3 doctors
nominated inthe request; or(b)anassessmentofcognitive,functionalorvocationalcapacitybyanexperttobeselectedbytheclaimantfromapanelofatleast3expertswithappropriatequalifications
and experience nominated by the insurerin the
request.(3)However, a claimant is not obliged to
undergo an examinationunderthissectionifitisunreasonableorunnecessarilyrepetitious.(4)Apanelofdoctorsorotherexpertsnominatedundersubsection (2)may(butneednot)includedoctorsorotherexperts from the
official panel of medical experts.(5)If3doctorsorexpertswithappropriatequalificationsandexperiencearenotavailableforinclusiononapanelundersubsection (2), the number on the panel may
be reduced to 2.46BCosts of obtaining expert reports
where reports obtainedby agreement(1)Ifanexpertreportisobtainedbyagreementbetweentheclaimant and the insurer, and the
claimant is liable for the costofobtainingthereport,theinsurermust,attheclaimant’srequest,reimbursetheclaimantforthereasonablecostofobtaining the report.(2)However,aclaimant’srighttoreimbursementunderthissection is
subject to the terms of any agreement between theclaimant and the insurer.Current as at [Not applicable]Page
65
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Claims[s 47](3)If
the insurer is entitled to costs, the costs may (subject to
therules on which costs are to be awarded)
include the cost ofreimbursing the claimant for the cost of
obtaining an expertreport or expert reports under this
section.47Duty of insurer to cooperate with
claimant(1)Theinsurermustcooperatewithaclaimantand,inparticular—(a)mustprovidetheclaimantwithcopiesofreportsandother documentary material in the insurer’s
possessionabout the circumstances of the accident or
the claimant’smedical condition or prospects of
rehabilitation; and(b)must,attheclaimant’srequest,givetheclaimantinformation that
is in the insurer’s possession, or can befoundoutfromtheinsuredperson,aboutthecircumstances of, or the reasons for, the
accident.(2)The insurer must—(a)providetheclaimantwithcopiesofreportsandotherdocumentarymaterialswithin1monthafterreceivingthe notice of
claim under division 3 or, if the reports ormaterials come
into the insurer’s possession later, within1 month after
they come into the insurer’s possession;and(b)respondtoarequestundersubsection (1)(b)within1month after receiving it.(3)Iftheclaimantrequiresinformationprovidedbyaninsurerunder this section to be verified by
statutory declaration, theinformation must be verified by
statutory declaration.(4)If an insurer
fails, without proper reason, to comply fully witha
request under this section, the insurer is liable for costs
tothe claimant resulting from the
failure.Page 66Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 4
Claims[s 48]48Non-disclosure of certain material(1)A claimant or insurer is not obliged
to disclose information ordocumentary material under this
division if the information ordocumentarymaterialisprotectedbylegalprofessionalprivilege.(2)However,investigativereports,medicalreportsandreportsrelevanttotheclaimant’srehabilitationmustbedisclosedeven though
protected by legal professional privilege but theymaybedisclosedwiththeomissionofpassagesconsistingonly of
statements of opinion.(3)If an insurer
has reasonable grounds to suspect a claimant offraud,theinsurermaywithholdfromdisclosureunderthisdivisioninformationordocumentarymaterial(includingreportsthatwould,apartfromthissubsection,havetobedisclosedundersubsection
(2))totheextentthedisclosurewould alert the
claimant to the discovery of the grounds ofsuspicion or
could help in the furtherance of fraud.(4)Aninsurermustnotwithholdinformationordocumentarymaterialfromdisclosureunderthisdivisionwithouthavingproper grounds.Maximum penalty
for subsection (4)—50 penalty units.49PrivilegeTheinformationanddocumentarymaterialdisclosedunderthisdivisionareprotectedbythesameprivilegesasifdisclosed in a proceeding before the
Supreme Court.Division 4AEnforcement of
divisions 2, 3 and 450Court’s power to enforce compliance
with divs 2, 3 and 4(1)Ifaclaimantfailstocomplywithadutyimposedunderdivision 2, 3 or
4, the court may, on the insurer’s application,ordertheclaimanttotakespecifiedactiontoremedythedefault within a time specified by the
court.Current as at [Not applicable]Page
67
Motor
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Claims[s 51](2)Ifaninsurerfailstocomplywithadutyimposedunderdivision 3 or 4,
the court may, on the claimant’s application,order the
insurer to take specified action to remedy the defaultwithin a time specified by the court.(3)The court may make consequential or
ancillary orders.Notauthorised—indicativeonlyDivision 5Rehabilitation51Obligation to provide rehabilitation
services(1)Aninsurermaymakerehabilitationservicesavailabletoaclaimant on the insurer’s own
initiative or at the claimant’srequest.(2)Aninsurerthatmakesrehabilitationservicesavailabletoaclaimantbeforeadmittingordenyingliabilityontheclaimmust
not be taken, for that reason, to have admitted liability.(3)Once liability has been admitted on a
claim, or the insurer hasagreedtofundrehabilitationserviceswithoutmakinganadmissionofliability,theinsurermust,attheclaimant’srequest, ensure
that reasonable and appropriate rehabilitationservices are
made available to the claimant.(3A)However,theinsurerisnotrequiredtomakerehabilitationservices
available to the claimant in relation to the claimant’streatment, care and support needs as a
result of the claimant’sinjury if—(a)the
claimant is, when the needs arise, a participant in theinjury insurance scheme in relation to a
serious personalinjuryresultingfromthemotorvehicleaccidentthesubject of the claim; or(b)the
needs arise after an amount is paid to the claimant,or a
person acting for the claimant, under the NationalInjuryAct,section44(3)(a)inrelationtoapersonalinjuryresultingfromthemotorvehicleaccidentthesubject of the claim.(3B)Subsection (3A) applies—Page 68Current as at [Not applicable]
Motor
Accident Insurance Act 1994Part 4
Claims[s 51]Notauthorised—indicativeonly(a)whether or not the injury the subject
of the claim is aserious personal injury; and(b)whether or not the treatment, care and
support needs arean approved service for the claimant under
the NationalInjury Act; and(c)whetherornottheinsuranceagencymust,underthatAct,
make a payment in relation to the treatment, careand
support needs; and(d)whetherornotthetreatment,careandsupportisprovided without charge.(4)Iftheinsurerintendstoaskthecourttotakethecostofrehabilitationservicesintoaccountintheassessmentofdamages, the insurer must, before providing
the rehabilitationservices, give the claimant a written
estimate of the cost of therehabilitation
services and a statement explaining how, and towhat extent, the
assessment of damages is likely to be affectedby the provision
of the rehabilitation services.(5)Theclaimantmay,ifnotsatisfiedthattherehabilitationservices made
available under this section are reasonable andappropriate—(a)apply to the commission to appoint a
mediator to helpresolvethequestionsbetweentheclaimantandtheinsurer; or(b)apply to the court to decide what
rehabilitation servicesare,inthecircumstancesofthecase,reasonableandappropriate.(5A)Anapplicationforappointmentofamediatorundersubsection (5)(a) must—(a)be
made in writing; and(b)givedetailsofanyattemptsmadebytheapplicanttoresolve the matter in dispute.(5B)Thefeesandexpensesofamediatorappointedundersubsection
(5)(a) are to be paid as agreed between the partiesor,intheabsenceofagreement,bythepartiesinequalproportions.Current as at
[Not applicable]Page 69
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 4
Claims[s 51](5C)Anapplicationmaybemadetothecourtundersubsection (5)(b)whetherornottherehasbeenanearlierattempt to
resolve the questions between the claimant and theinsurer by mediation.(5D)Onanapplicationundersubsection (5)(b),thecourtmaydecide what rehabilitation services are, in
the circumstancesofthecase,reasonableandappropriateandmakeconsequential
orders and directions.(6)Theinsurermustbear(orreimburse)thecostofprovidingrehabilitation
services under this section unless the insurer’sliability is reduced—(a)by
agreement with the claimant; or(b)by
order of the court under subsection (8).(7)Theinsurermay,ifoftheopinionthatthecostofrehabilitation services is
unreasonable—(a)apply to the commission to appoint a
mediator to helpresolvethequestionsbetweentheclaimantandtheinsurer; or(b)apply to the court to decide what
rehabilitation servicesare,inthecircumstancesofthecase,reasonableandappropriateortodecidetowhatextenttheinsurershould
contribute to the cost of rehabilitation services.(7A)Anapplicationforappointmentofamediatorundersubsection (7)(a) must—(a)be
made in writing; and(b)givedetailsofanyattemptsmadebytheapplicanttoresolve the matter in dispute.(7B)Thefeesandexpensesofamediatorappointedundersubsection
(7)(a) are to be paid as agreed between the partiesor,intheabsenceofagreement,bythepartiesinequalproportions.(7C)Anapplicationmaybemadetothecourtundersubsection (7)(b)whetherornottherehasbeenanearlierPage 70Current as at [Not applicable]
Motor
Accident Insurance Act 1994Part 4
Claims[s 51]Notauthorised—indicativeonlyattempt to resolve the questions between the
insurer and theclaimant by mediation.(8)Onanapplicationundersubsection (7)(b),thecourtmaydecidethequestionsraisedontheapplicationandmakeconsequential
orders and directions.(9)Thecosttotheinsurerofprovidingrehabilitationservicesunder this section is to be taken into
account in the assessmentof damages on the claim if (and only
if) the insurer gave astatementtotheclaimant,asrequiredundersubsection (4),explaining how
and to what extent the assessment of damageswas likely to be
affected by the provision of the rehabilitationservices.(9A)If the cost of
rehabilitation services is to be taken into accountin
the assessment of damages, the cost is taken into account asfollows—(a)theclaimant’sdamagesarefirstassessed(withoutreductionforcontributorynegligence)ontheassumption that the claimant has
incurred the cost of therehabilitation services as a result of
the injury sufferedin the accident;(b)anyreductiontobemadeonaccountofcontributorynegligence is
then made;(c)thetotalcostofrehabilitationservicesisthenset-offagainst the amount assessed.Example—Suppose that
responsibility for a motor vehicle accident is apportionedequally between the claimant and the
insurer. Damages (exclusive ofthe cost of
rehabilitation) before apportionment are fixed at $20,000.The
insurer has spent $5,000 on rehabilitation services. In this case,
theclaimant’s damages will be assessed under
paragraph (a) at $25,000(thatis,asiftheclaimanthadincurredthe$5,000rehabilitationexpense) and
reduced to $12,500 under paragraph (b), and the $5,000spent by the insurer on rehabilitation will
be set off against this amount,resulting in a
final award of $7,500.(10)An insurer who
is induced by a claimant’s fraud to providerehabilitation
services for the claimant may recover the cost toCurrent as at [Not applicable]Page
71
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Accident Insurance Act 1994Part 4
Claims[s 51A]theinsurerofprovidingtheservices,asadebt,fromtheclaimant.Notauthorised—indicativeonlyDivision 5ACompulsory
conference51ACompulsory conference(1)Before the claimant brings an action
in a court for damagesforpersonalinjuryarisingoutofamotorvehicleaccident,theremustbeaconferenceoftheparties(thecompulsoryconference).(2)Either party may call the compulsory
conference—(a)at a time and place agreed between
both parties; or(b)if the relevant date has passed—at a
reasonable time andplace nominated by the party calling the
conference.(3)For subsection (2)(b), the relevant
date is—(a)the date falling 6 months after the
claimant gave noticeto the insurer of the claim; or(b)if the insurer required additional
information, the laterof the following—(i)the
date falling 6 months after the claimant gavenotice to the
insurer of the claim;(ii)the date falling
1 month after the claimant gave theinsurer the
completed additional information form.(4)Thepartiesmayforgoodreasondispensewiththecompulsory conference by
agreement.(5)The court may, on application by a
party—(a)fix the time and place for the
compulsory conference; or(b)dispensewiththecompulsoryconferenceforgoodreason;and
make any other orders the court considers appropriate inthe
circumstances.Page 72Current as at
[Not applicable]
Motor
Accident Insurance Act 1994Part 4
Claims[s 51B](6)Inconsideringwhethertodispensewiththecompulsoryconference,thecourtmusttakeintoaccounttheextentofcompliancebythepartieswiththeirrespectiveobligationsrelated to the
claim.Notauthorised—indicativeonly51BProcedure at conference(1)The compulsory conference may be held
with a mediator ifboth parties agree.(2)Anagreementthatthecompulsory conference is to be
heldwith a mediator must specify how the costs
of the mediationare to be borne.(3)The
mediator must be a person independent of the parties—(a)agreed to by the parties; or(b)nominatedbytheregistrarofthecourtonapplicationunder subsection
(4).(4)Ifthepartiesareunabletoagreeontheappointmentofamediatorwithin30daysafterthedateforthecompulsoryconference is
fixed, either party may apply to the registrar ofthe
court for the nomination of a mediator.(5)At
least 7 days before the compulsory conference is held, eachparty must give the other party—(a)copies of all documents not yet given
to the other partythat are relevant to the claim; and(b)a statement verifying that all
relevant documents in thepossession of the party or the party’s
lawyer have beengiven as required; and(c)details of the party’s legal representation;
and(d)ifthepartyhaslegalrepresentation—acertificate(acertificate of readiness) signed by the
party’s lawyer tothe effect that the party is ready for
trial.(6)A certificate of readiness must state
that—(a)the party is in all respects ready for
the conference andthe trial; andCurrent as at
[Not applicable]Page 73
Motor
Accident Insurance Act 1994Part 4
Claims[s 51B]Notauthorised—indicativeonly(b)all
investigative material required for the trial has beenobtained(includingwitnessstatementsfrompersons,other than
expert witnesses, the party intends to call aswitnesses at the
trial); and(c)medical or other expert reports have
been obtained fromall persons the party proposes to call as
expert witnessesat the trial; and(d)the
party has fully complied with the party’s obligationsto
give the other parties material relevant to the claim;and(e)theparty’slawyerhasgiventhepartyastatement(acostsstatement)containingtheinformationrequiredunder subsection (7).(7)A
costs statement must contain—(a)details of the legal costs (clearly
identifying costs thatare legal fees and costs that are
disbursements) payableby the party to the party’s lawyer up
to the completionof the conference; and(b)anestimateoftheparty’slikelylegalcosts(clearlyidentifyingcoststhatarelegalfeesandcoststhataredisbursements)iftheclaimproceedstotrialandisdetermined by the court; and(c)a statement of the consequences to the
party, in terms ofcosts, in each of the following
cases—(i)if the amount of the damages awarded
by the courtis equal to, or more than, the claimant’s
mandatoryfinal offer;(ii)if
the amount of the damages awarded by the courtis less than the
claimant’s mandatory final offer butequalto,ormorethan,theinsurer’smandatoryfinal offer;(iii)if
the amount of the damages awarded by the courtisequalto,orlessthan,theinsurer’smandatoryfinal offer.Page 74Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 4
Claims[s 51C](8)The
court may, on application by a party, exempt the partyfrom
an obligation to give or disclose material to another partybeforetrialifsatisfiedthatdisclosurewouldalertapersonreasonably
suspected of fraud to the suspicion or that there issomeothergoodreasonwhythematerialshouldnotbedisclosed.(9)Each
of the following is a conference participant—(a)the
claimant or the claimant’s guardian;(b)a
person authorised by the insurer to settle the claim onthe
insurer’s behalf.(10)Eachconferenceparticipantmust(unlessheorshehasareasonableexcuse)attendthecompulsoryconferenceandactively participate in an attempt to settle
the claim.(11)The compulsory
conference may be conducted, if the partiesagree, by
telephone, closed-circuit television or another formof
communication allowing contemporaneous and continuouscommunication between the parties.(12)The parties may,
by agreement, change the time or place forholdingacompulsoryconferenceoradjournacompulsoryconference from
time to time and from place to place.51CParties to exchange mandatory final offers
if claim notsettled at compulsory conference(1)Ifamotorvehicleaccidentclaimisnotsettledatthecompulsory
conference, each party must (unless the court hasdispensedwiththisobligation)exchangewrittenfinaloffers—(a)at
the conference; or(b)iftheconferencehasbeendispensedwith—within14days
after the date of the agreement or order dispensingwith
the conference.(2)A written final offer required under
subsection (1) is called amandatory final offer.Current as at [Not applicable]Page
75
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Claims[s 51D](3)A
mandatory final offer for the upper offer limit or less is
tobe exclusive of costs.(4)If a
mandatory final offer is for more than the lower offer limitbut
not more than the upper offer limit, and is accepted, costsare
to be calculated and paid on a basis (but subject to limits)stated under a regulation.(5)Even though an insurer denies
liability altogether, the insurermust
nevertheless make a mandatory final offer but, in thatevent, the offer is to be expressed as an
offer of $nil.(6)Amandatoryfinaloffermustremainopenfor14daysandproceedings must not be started while the
offer remains open.(7)If the claimant brings a proceeding in
a court based on a motorvehicle accident claim, the claimant
must, at the start of theproceeding,fileatthecourtasealedenvelopecontainingacopy
of the claimant’s mandatory final offer.(8)The
insurer must, before or at the time of filing a defence,
fileatthecourtasealedenvelopecontainingacopyoftheinsurer’s mandatory final
offer.(9)The court must not read the mandatory
final offers until it hasdecided the claim.(10)However, the court must (where relevant)
have regard to themandatory final offers in making a decision
about costs.(11)The court may,
on application by a party, dispense with theobligation to
make mandatory final offers.51DTime
for bringing action(1)An action for damages should be
started in the court—(a)within 60 days
after the conclusion of the compulsoryconference;
or(b)within a further period—(i)agreedbythepartieswithinthe60dayperiodmentioned in
paragraph (a); orPage 76Current as at
[Not applicable]
Motor
Accident Insurance Act 1994Part 4
Claims[s 51D]Notauthorised—indicativeonly(ii)fixed by the
court on an application made by theclaimantwithinthe60dayperiodmentionedinparagraph (a).(2)Ifthepartiesorthecourtdispenseswiththecompulsoryconference,anactionfordamagesshouldbestartedinthecourt—(a)within 60 days after the later of the
following—(i)the date falling 6 months after the
date on whichthe claimant gives notice to the insurer of
the claimor if the insurer asks for additional
information, thedateonwhichtheclaimantgivestheinsurerthecompleted additional information
form;(ii)the date of the
agreement or order dispensing withthe conference;
or(b)within a further period—(i)agreedbythepartieswithinthe60dayperiodmentioned in
paragraph (a); or(ii)fixed by the
court on an application made by theclaimantwithinthe60dayperiodmentionedinparagraph (a).(3)However, if the court dispenses with the
obligation to makemandatoryfinaloffers,anactionfordamagesshouldbestarted in the court within a period
fixed by the court whengiving the dispensation or
later.(4)Theexpiryofthetimewithinwhichanactionshouldbestarted under subsection (1),
(2)or (3) does not prevent theclaimant from starting the action
but—(a)thecourtmay(unlesstheclaimantestablishesareasonable excuse for the delay) order the
claimant topay, in any event, the insurer’s costs
arising out of thedelay; and(b)thecourtmay,ontheinsurer’sapplication,makeanorder fixing a time limit within which
the action must bestarted.Current as at
[Not applicable]Page 77
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 4
Claims[s 52](5)If
the claimant fails to start an action in the court within a
timelimit fixed under subsection (4)(b), the
claim is barred.Division 6Proceedings in
court52Insurer to be joint or sole
defendant(1)Ifanactionisbroughtinacourtfordamagesforpersonalinjury arising
out of a motor vehicle accident, the action mustbe
brought against the insured person and the insurer as jointdefendants.(2)However, an action may be brought against
the insurer aloneif—(a)the insured
person can not be identified; or(b)the
insured person is dead or it is impracticable to servethe
insured person.(3)Ifamotorvehicleaccidentclaimliesagainst2ormoreinsurers, all insurers become defendants to
the action, but theclaim manager continues to represent all
insurers in the actionunless the court gives leave allowing
1 or more of the insurersto be separately represented.(4)If judgment is given in favour of the
claimant on the claimrelated to personal injury, the
judgment must be given againstthe insurer and
not the insured person (unless the judgment isa judgment for
exemplary or punitive damages), and, if theaction involves
other claims (unrelated to the personal injury),a
separate judgment must be given on the other claims.(5)Itisnotadefencetoanactionunderthissectionfortheinsurer to prove—(a)that
the CTP insurance policy was obtained by fraud, ora
material misstatement or non-disclosure; or(b)that
the insured person is in breach of a contractual orstatutory obligation.Page 78Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 4
Claims[s 52A](6)Iflegalprocessrelatedtoaproceedingbasedonamotorvehicleaccidentclaimisservedontheinsurer,theinsuredperson is also
taken to have been served.(7)Ifamotorvehicleaccidentclaimliesagainst2ormoreinsurers, and legal process related to a
proceeding based ontheclaimisservedontheclaimmanager,allinsurersaretaken to have been served.52ARecovery of contribution by or from
Nominal Defendantin certain cases(1)This
section applies if—(a)the Nominal Defendant is 1 of 2 or
more insurers liableon a motor vehicle accident claim;
and(b)the claim is not a claim in relation
to which the insurersare, under the industry deed and
within the time stated inthe deed, required to resolve
questions about—(i)which insurer is to be the claim
manager; and(ii)thebasisonwhichclaimcostsaretobesharedbetween the insurers.Editor’s
note—The relevant provision of the industry deed
dealing with claimsfor which the requirement to resolve the
questions is imposed issection 5(1).(2)FortherecoveryofcontributionbyorfromtheNominalDefendant,theLawReformAct1995,part3,division2applies as if the Nominal Defendant were a
tortfeasor.52BExclusion of summary judgment on the
basis ofadmissions(1)In
an action for damages for personal injury arising out of amotor vehicle accident, summary judgment is
not to be givenon the basis of the defendant’s
admissions.(2)However, this section does not prevent
a court from giving ajudgment by consent.Current as at [Not applicable]Page
79
Motor
Accident Insurance Act 1994Part 4
Claims[s 53]53Insurer’s right to call and cross-examine
insured personIn an action for damages for personal injury
arising out of amotorvehicleaccident,theinsurermaycalltheinsuredperson as a
witness and, by the court’s leave, cross-examinethe
insured person.Notauthorised—indicativeonly55Exemplary,
punitive or aggravated damages(1)Despite theCivil Liability
Act 2003, section 52, if the court isoftheopinionthattheconductofaninsuredpersonissoreprehensiblethatanawardofexemplary,punitiveoraggravated damage is justified, the
court may give a separatejudgmentagainsttheinsuredpersonforthepaymentofexemplary, punitive or aggravated
damages.(2)Aninsuredpersonisnotentitled,underaCTPinsurancepolicy,toanindemnityagainstanawardofexemplary,punitive or
aggravated damages.55FCosts in cases involving relatively
small awards ofdamages(1)This
section applies if a court awards an amount equal to theupper offer limit or less in damages in a
proceeding based on amotor vehicle accident claim (but it
does not apply to the costsof an appellate
proceeding).(2)If the court awards an amount equal to
the lower offer limit orless, the court must apply the
following principles—(a)iftheamountawardedislessthantheclaimant’smandatoryfinalofferbutmorethantheinsurer’smandatory final
offer, no costs are to be awarded;(b)iftheamountawardedisequalto,ormorethan,theclaimant’s mandatory final offer,
costs are to be awardedto the claimant on an indemnity basis
as from the dateon which the proceedings started (but no
award is to bemade for costs up to that date);(c)iftheamountawardedisequalto,orlessthan,theinsurer’s mandatory final offer, costs
are to be awardedPage 80Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 4
Claims[s 55F]to the insurer
on a standard basis as from the date onwhichtheproceedingsstarted(butnoawardistobemade for costs
up to that date).(3)If the court awards more than an
amount equal to the loweroffer limit but notmore
than an amount equal to the upperofferlimitindamages,thecourtmustapplythefollowingprinciples—(a)iftheamountawardedislessthantheclaimant’smandatoryfinalofferbutmorethantheinsurer’smandatoryfinaloffer,costsaretobeawardedtotheclaimantonastandardbasisuptothedeclaredcostslimit;(b)iftheamountawardedisequalto,ormorethan,theclaimant’s mandatory final offer,
costs are to be awardedto the claimant on the following
basis—(i)costsuptothedateonwhichtheproceedingsstarted are to
be awarded on a standard basis up tothe declared
costs limit;(ii)costs on or
after the date on which the proceedingsstarted are to
be awarded on an indemnity basis;(c)iftheamountawardedisequalto,orlessthan,theinsurer’s mandatory final offer, costs
are to be awardedon the following basis—(i)costsuptothedateonwhichtheproceedingsstartedaretobeawardedtotheclaimantonastandard basis up to the declared
costs limit;(ii)costs on or
after the date on which the proceedingsstartedaretobeawardedtotheinsureronastandard basis.(4)Despite the limitations imposed by this
section, the court maymakeanawardofcoststocompensateapartyforcostsresultingfromafailurebyanotherpartytocomplywithprocedural obligations under this
part.Current as at [Not applicable]Page
81
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Claims[s 57](5)Thecourtmustnotawardcoststoapartyrelatedtotheintroductionofevidencebythepartythatisunnecessarilyrepetitive.Example—If a
claimant calls 2 or more expert witnesses from the same area
ofexpertise to give evidence to substantially
the same effect, and theclaimant is entitled to costs of
action under the principles laid down inthis section,
the court will only allow costs related to 1 of the expertwitnesses.(6)Unless an award of damages is affected by
factors that werenotreasonablyforeseeableatthetimeoftheexchangeofmandatoryfinaloffers,thecourtmustnotawardcoststoaparty related to
investigations or gathering of evidence by theparty
after—(a)the conclusion of the compulsory
conference; or(b)if the parties or the court dispenses
with a compulsoryconference—thedatewhenthepartiescompletedtheexchange of mandatory final
offers.(7)If an award of damages is affected by
factors that were notreasonably foreseeable by a party at
the time of making theparty’s mandatory final offer, the
court may, if satisfied that itis just to do
so, make an order for costs under subsection (2)or(3)asifthereferencetoamandatoryfinalofferintherelevant
subsection were a reference to a later offer made inthe
light of the factors that became apparent after the partiescompleted the exchange of mandatory final
offers.Example—Suppose that a
claimant’s medical condition suddenly and unexpectedlydeteriorates after the date of the final
offers and the court makes a muchhigher award of
damages than would have been reasonably expected atthat
time. In that case, the court may ignore the mandatory final
offersand award costs on the basis of later offers
of settlement.57Alteration of period of
limitation(1)Ifnoticeofamotorvehicleaccidentclaimisgivenunderdivision 3, or an application for leave to
bring a proceedingbasedonamotorvehicleaccidentclaimismadeunderPage
82Current as at [Not applicable]
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Accident Insurance Act 1994Part 4
Claims[s 57A]division 3,
before the end of the period of limitation applyingtotheclaim,theclaimantmaybringaproceedingincourtbased on the
claim even though the period of limitation hasended.(2)However, the proceeding may only be
brought after the end ofthe period of limitation if it is
brought within—(a)6 months after the notice is given or
leave to bring theproceeding is granted; or(b)a longer period allowed by the
court.(3)Ifduringthelast14daysoftheperiodoflimitation,theclaimant wants to give a notice of claim
under division 3 but isunsure to which insurer the notice
should be given, the noticeis validly given
if it is given to the commission.(4)Afterreceivinganoticeofclaimundersubsection (3),thecommission must make inquiries to decide the
insurer againstwhich the claim properly lies, and pass the
notice of claim onto the appropriate insurer.(5)Ifaperiodoflimitationisextendedunderpart
3oftheLimitationofActionsAct1974,thissectionappliestotheperiod of limitation as extended under
the part.Division 6AExtraterritorial
operation oflimitation of liability57AApplication of limitation of liability to
foreign awards(1)This section applies to motor vehicle
accident claims arisingout of motor vehicle accidents in
Queensland.(2)ItisParliament’sintentionthatthelimitsonliabilityfordamagesforpersonalinjuryarisingoutofmotorvehicleaccidents—(a)aretoapply(tothefullextentoftheParliament’sextraterritoriallegislativecapacity)whetherdamagesare
assessed in Queensland or elsewhere; andCurrent as at
[Not applicable]Page 83
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 4
Claims[s 58](b)aretoberegardedbycourtswithinandoutsideQueenslandassubstantive(ratherthanprocedural)provisions.(3)If a
claimant, by proceeding in a court outside Queensland,recoversdamagesinexcessoftheamountthatcouldhavebeenrecoveredifthelimitsonliabilityreferredtoinsubsection (2)
had been applied, the person liable to pay thedamages may
recover from the claimant the amount by whichtheamountofthedamagesexceedstheamountthatwouldhavebeenrecoverediftheactionhadbeenbroughtinQueensland.Division 7Insurer’s rights of recourse58Insurer’s rights of recourse(1)If—(a)personal injury arises out of a motor
vehicle accident;and(b)theinsuredpersonwasattherelevanttimeusingthemotorvehiclewithouttheowner’sauthority,withoutlawfuljustificationorexcuse,andwithoutreasonablegroundstobelievethattheinsuredpersonhadtheowner’s
authority, or lawful justification or excuse, forusing the motor vehicle;the insurer may
recover, as a debt, from the insured personany costs
reasonably incurred by the insurer on a claim for thepersonal injury.(2)If—(a)personal injury
arises out of a motor vehicle accident;and(b)theinsuredpersonintendedtoinjuretheclaimantorsome
other person;Page 84Current as at
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Accident Insurance Act 1994Part 4
Claims[s 58]Notauthorised—indicativeonlythe
insurer may recover, as a debt, from the insured personany
costs reasonably incurred by the insurer on a claim for thepersonal injury.(3)If—(a)personal injury
arises out of a motor vehicle accident;and(b)the insured person was, at the time of
the accident, thedriver of the motor vehicle; and(c)theinsuredpersonwas,atthetimeoftheaccident,unable to exercise effective control of the
motor vehiclebecause of the consumption of—(i)alcohol; or(ii)anon-medicinaldrugoracombinationofnon-medicinal drugs; or(iii)a
combination of alcohol and a non-medicinal drugor non-medicinal
drugs;the insurer may recover, as a debt, from the
insured personany costs reasonably incurred by the insurer
on a claim forpersonal injury that are reasonably
attributable to the insuredperson’sinabilitytoexerciseeffectivecontrolofthemotorvehicle.(4)If—(a)personal injury arises out of a motor
vehicle accident;and(b)themotorvehicleaccidentgivingrisetotheinjuryisattributable in whole or in part to a defect
in the motorvehicle; and(c)the
defect arose from the wrongful act or omission ofthe
manufacturer or a person who carries on a businessof
repairing motor vehicles;the insurer may recover, as a debt,
from the manufacturer orrepairer the proportion of the costs
reasonably incurred by theinsureronaclaimforthepersonalinjurythatreasonablyCurrent as at
[Not applicable]Page 85
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 4
Claims[s 59]reflectsthedegreeofthemanufacturer’sorrepairer’sresponsibility
for the accident.(5)However, it is a defence for the
manufacturer or repairer toprovethatthedriverofthemotorvehicledroveitwithknowledge of the
defect and its likely effect.(6)Anactionbyaninsurerunderthissectionmaybebroughtseparately or by way of third-party
proceeding.59Recovery in case of fraud(1)An insurer may recover from a claimant
or other person whodefrauds or attempts to defraud the insurer
on a motor vehicleaccidentclaimanycostsreasonablyincurredbytheinsurerbecause of the fraud.(2)In
subsection (1)—insurerincludes the
Nominal Defendant.60Nominal Defendant’s rights of recourse
for uninsuredvehicles(1)Ifpersonalinjuryarisesoutofamotorvehicleaccidentinvolving an uninsured vehicle, the Nominal
Defendant mayrecover, as a debt, from the owner or driver
of the vehicle (orboth)anycostsreasonablyincurredbytheNominalDefendant on a claim for the personal
injury.(2)It is a defence to an action by the
Nominal Defendant underthis section—(a)as
far as recovery is sought against the owner—for theowner to prove—(i)thatthemotorvehiclewasdrivenwithouttheowner’s authority; or(ii)that the owner
believed on reasonable grounds thatthe motor
vehicle was insured; and(b)as far as
recovery is sought against the driver—for thedrivertoprovethatthedriverbelievedonreasonablePage 86Current as at [Not applicable]
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Claims[s 60A]grounds that the
driver had the owner’s consent to drivethemotorvehicleandthatthemotorvehiclewasinsured.(3)The
Nominal Defendant may bring a proceeding for recoveryof
costs under this section before the costs have been actuallypaid
in full and, in that case, a judgment for recovery of costsmay
provide that, as far as the costs have not been actuallypaid, the right to recover the costs is
contingent on payment.(4)ThissectiondoesnotaffectrightsofrecoverythattheNominal Defendant may have, apart from
this section, againstthe insured person.60AAccess to information etc.TheNominalDefendantisentitledtohaveaccesstoinformationandmaterialsinthepossessionofanydepartment, agency or instrumentality
of the State or any localgovernment that may be relevant to the
recovery of amountsthe Nominal Defendant is entitled to recover
under this part.61Nominal Defendant’s rights of recourse
against insurer(1)If an insurer becomes insolvent, any
costs reasonably incurredbytheNominalDefendantonclaimsunderCTPinsurancepoliciesforwhichtheinsolventinsurerwastheinsurerbecomedebtsoftheinsolventinsurertotheNominalDefendant and
provable in the insolvency.(2)Thedebtsoftheinsolventinsurerthatariseundersubsection
(1)havethesameorderofpriorityinthewinding-upoftheinsolventinsurerasiftheNominalDefendant were
the insured person under policies of insuranceissued by the
insolvent insurer.(3)IftheclaimforwhichcostswereincurredbytheNominalDefendantiscoveredbyacontractofreinsurance,theNominalDefendantsucceedstotherightsoftheinsolventinsurer under
the contract of reinsurance.Current as at
[Not applicable]Page 87
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Accident Insurance Act 1994Part 4
Claims[s 61A]Division 8Changes to claim process ifinsurance agency is contributorNotauthorised—indicativeonly61AClaim process if
insurance agency liable to contribute(1)Thissectionappliesinrelationtoaclaimiftheinsuranceagency is
liable, under the National Injury Act, section 42, tocontribute to the insurer’s liability on the
claim for treatment,care and support damages.(2)The insurer and the insurance agency
must, in dealing withthe claim—(a)cooperate with each other; and(b)provide each other with information in
their possessionrelevant to the claim, including any
documents given tothe claimant.(3)Totheextentanyofthefollowingdocumentsrelateto,orpotentiallyaffect,liabilityfortreatment,careandsupportdamages,theinsurerandtheinsuranceagencymustagreeaboutthecontentofthedocumentbeforethedocumentisgiven by the insurer to the claimant—(a)a notice given by the insurer under
section 41(1)(b);(b)an offer made by the insurer;(c)a notice given by the insurer
accepting or rejecting anoffer made by the claimant.(4)Subsection (5) applies if a document
stated in subsection (3) isgivenbytheinsurerbeforetheinsuranceagencybecomesliable, under
the National Injury Act, section 42, to contributetowards the insurer’s liability.(5)The insurance agency is not bound by
the document.(6)For division 5A, other than section
51C—(a)a reference in the division to—(i)thepartiesincludesareferencetotheinsuranceagency;
andPage 88Current as at
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Claims[s 61B](ii)either party is a reference to any of the
parties; and(iii)both parties or
each party is a reference to all of theparties;
and(b)a person authorised by the insurance
agency to settle theclaim on the agency’s behalf is a
conference participant.(7)If the claimant
brings an action in the court for damages forpersonalinjury,theinsuranceagencyisadefendanttotheaction.(8)In this section—offerincludes a counter offer or mandatory final
offer.treatment, care and support damagessee
the National InjuryAct, schedule 1.Division 9Obligation to provide information toinsurance agency61BGiving insurance agency notice about
particular matters(1)This section applies if—(a)a claim is made against an insurer for
personal injury;and(b)either of the
following applies—(i)the claimant is a participant in the
injury insurancescheme in relation to the injury;(ii)an application
has been made under the NationalInjuryActforapprovalfortheclaimanttoparticipate in the scheme in relation
to the injury.(2)The insurer must give the insurance
agency written notice ofthe claim.(3)Also,theinsurermustgivetheinsuranceagencywrittennotice of any of
the following events in relation to the claim—(a)the
giving of a notice to the claimant under section 39;Current as at [Not applicable]Page
89
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Licensed insurers[s 62](b)thegivingofanoticetotheclaimantundersection41(1)(b);(c)thesettlementoftheclaimbyagreementbetweentheclaimant and the insurer;(d)a court judgment being given on an
action for damagesin relation to the claim;(e)the claimant withdrawing the claim or
being preventedfrom proceeding with the claim.(4)However,theinsurerisnotrequiredtogivetheinsuranceagency written
notice of an event stated in subsection (3) if—(a)theeventhappensaftertheclaimantstopsbeingaparticipant; or(b)the
event happens after the application for approval toparticipate in the injury insurance scheme
is refused; or(c)when the event happens, the insurance
agency is liable,under the National Injury Act, section 42,
to contributeto the claim.Part 5Licensed insurersDivision 1Licensing of insurers62Application for licence(1)Abodycorporatecarryingonthebusinessofgeneralinsurance in
Queensland may apply to the commission for alicence under
this part.(2)The application—(a)must
be made in writing; and(b)must be
accompanied by the information and materialsthat may be
required by regulation.Page 90Current as at
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insurers[s 63](3)The
applicant must provide the commission with the furtherinformation or materials that the commission
may require todecide the application.(4)Thecommissionmay,forexample,requiretheapplicanttoprovide—(a)particularsofshareholders,directors,managersandstaff; and(b)copiesofreturnsandaccountsthattheapplicantisrequired by law to prepare; and(c)particularsofreinsurancearrangementstowhichtheapplicant is a party.(5)If
an application is made for a licence and, before a licence
isgranted, there is a change in the matters of
which particularsare required in the application, or in the
matters contained in adocument the applicant is required to
give, the body corporatemust, within 14 days after the change,
give the commissionwrittennoticesignedbyadirectorgivingparticularsofthechange.(6)A
body corporate must not—(a)make an
application for a licence; or(b)give
to the commission a notice under subsection (5);that
is false or misleading in a material particular.Maximum penalty for subsection (6)—150
penalty units.63Determination of application(1)The commission may, after considering
an application for alicence—(a)grant the licence (conditionally or
unconditionally); or(b)refuse the
application.(2)In determining the application, the
commission may take intoconsideration—(a)the
suitability of the applicant; andCurrent as at
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Licensed insurers[s 64](b)the
nature and extent of the applicant’s experience in thebusiness of general insurance; and(c)the applicant’s paid-up share capital
and reserves; and(d)any reinsurance arrangements to which
the applicant is aparty; and(e)the
likely effect on the statutory scheme of licensing theapplicant; and(f)any
other factors the commission considers relevant.(3)A licence may be granted only if the
commission is satisfiedthat—(a)the
applicant has enough financial resources to carry onbusiness as a licensed insurer; and(b)the applicant has adequately
experienced staff availableinQueenslandtoadministerpersonalinjuryclaimsunder the CTP insurance scheme; and(c)theapplicantisinallotherrespectsanappropriateperson to hold a
licence; and(d)licensingtheapplicantwouldnotadverselyaffecttheefficiencyandeffectivenessofthestatutoryinsurancescheme.(4)A
licence must not be granted until the insurer has executedthe
industry deed.(5)Notice of the grant of a licence under
this part, specifying thedate on which the licence takes
effect, must be given in thegazette.64Conditions of licence(1)A licence is subject to conditions
prescribed by regulation.(2)A licence may be
granted subject to other conditions that thecommission
considers appropriate and specifies in the licence.(4)The commission may, by written notice
given to a licensedinsurer—Page 92Current as at [Not applicable]
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insurers[s 65](a)imposeconditionsorfurtherconditionstowhichthelicence is to be subject; or(b)amend or repeal conditions previously
imposed.(5)A condition can not be imposed to give
a particular advantageover other licensed insurers.(6)Alicensedinsurermustnotcontraveneaconditionofthelicence.Maximum
penalty—150 penalty units.(7)A court by which
a licensed insurer is convicted of an offenceagainst
subsection (6) may, by order, withdraw the licence.65Industry deed(1)A
licensed insurer is bound by the industry deed.(2)The
industry deed may—(a)require licensed insurers to make
disclosures and reportstothecommissioninaccordancewithstipulatedstandards and
requirements; and(b)deal with the apportionment of
liability, and the sharingofcosts,betweenlicensedinsurers(includingtheNominal Defendant); and(ba)providefortheappointmentofapersontoarbitratedisputesbetween2ormoreinsurersaboutamotorvehicle accident
claim; and(c)provide for the sharing of information
between insurersto the mutual benefit of insurers;
and(d)regulate the management of claims
under CTP insurancepolicies; and(e)providedirectionandguidanceforlicensedinsurersabout initiating, managing, monitoring, and
measuringtheeffectivenessof,theprovisionofrehabilitationservices for
injured claimants; and(f)regulateinanyotherwaytheconductofinsurancebusiness under
the statutory insurance scheme.Current as at
[Not applicable]Page 93
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Licensed insurers[s 66]66Withdrawal or suspension of licence(1)The commission may, by gazette notice,
withdraw or suspenda licence if—(a)the
insurer asks the commission to withdraw or suspendthe
licence; or(b)theinsurercontravenesthisAct,aconditionofthelicence or the industry deed;
or(c)thereissomeotherreasonjustifyingwithdrawalorsuspension of the licence.(1A)A request by an
insurer under subsection (1)(a) must be givenin writing to
the commission at least 3 months before the daythe licence is
to be withdrawn or suspended.(2)Atleast14daysbeforethewithdrawalorsuspensionofalicencetakeseffect,thecommissionmustgivetheinsurerwritten
notice—(a)statingthecommission’sintentiontowithdraworsuspend the licence; and(b)stating the date on which the withdrawal or
suspensionwill take effect; and(c)statingthereasonfortheproposedwithdrawalorsuspension of the licence.(3)The commission must give a copy of the
notice to transportadministration.67Effect of withdrawal or suspension on
existing liabilitiesetc.(1)Thewithdrawalorsuspensionofalicencedoesnotaffectliabilities that
had been incurred, or had accrued, before thedayofwithdrawalorsuspension,nordoesitaffecttheinsurer’sliabilitiesunderCTPinsurancepoliciesthatcameinto
force before the day of the withdrawal or suspension.(2)Aninsurerwhoselicencehasbeenwithdrawn,orisundersuspension, is
subject to this Act and the industry deed in thesame
way and to the same extent as a licensed insurer until allPage
94Current as at [Not applicable]
Motor
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insurers[s 67]Notauthorised—indicativeonlythe
insurer’s liabilities for CTP insurance business have beenfully satisfied.(3)If
an insurer whose licence has been withdrawn, or is undersuspension, is selected or re-selected to be
the insurer under aCTPinsurancepolicy,someotherinsurerdecidedundersubsection (5)
or (6) is to be the insurer under the insurancepolicy.(4)The commission—(a)must
consult with the remaining licensed insurers abouttheir capacity to underwrite the CTP
insurance policies;and(b)may consult with
any insurer the commission considersappropriateforthepurposeoftheinsurerbecomingalicensed insurer; and(c)must have regard to the results of any
consultation withAPRA relevant to the matter.(5)Subjecttosubsection (6),transportadministrationmustrandomly allocate the CTP insurance policies
to the remaininglicensed insurers in proportion to their
shares of the market forCTP insurance.(6)Subsection (5)doesnotapply,andtransportadministrationmustallocatetheCTPinsurancepoliciesasdecidedbythecommission, if—(a)thecommissiondecidesthattheremaininglicensedinsurersdonothavethecapacitythecommissionconsiders
appropriate to underwrite the CTP insurancepolicies that
would be randomly allocated to them undersubsection (5);
or(b)aninsurermentionedinsubsection (4)(b)becomesalicensed insurer.(7)Subsections (3), (5) and (6) are subject to
section 67A.(8)This section is subject to the
following qualifications where alicenceiswithdrawnonthetransfer,orbecauseofthetransfer, of CTP insurance business
under part 3, division 5—Current as at [Not applicable]Page
95
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Licensed insurers[s 67A](a)if
the transferor’s entire CTP business is transferred—thissectiondoesnotapplytothewithdrawalofthelicence;(b)if
part of the transferor’s CTP business is transferred—thissectionappliestothewithdrawalsubjecttosection 30(4).(9)In
this section—APRAmeans the
Australian Prudential Regulation AuthorityestablishedundertheAustralianPrudentialRegulationAuthority Act
1998(Cwlth).67AWhen
State may underwrite CTP insurance policies(1)This
section applies if—(a)an insurer’s licence is withdrawn or
suspended; and(b)the commission considers CTP insurance
policies of theinsurercannotbeappropriatelyallocatedtoanotherinsurerundersection
67(5)or(6),includingforexample, if the commission
considers—(i)thereisnoinsurerwithappropriatecapacitytounderwrite the policies; or(ii)the
circumstances are urgent.(2)ThecommissionmayrequesttheMinistertoauthorisetheState to underwrite the CTP insurance
policies.(3)ThecommissionmustprovidetheMinisterwiththeinformation and the recommendations on
matters decided bythe Minister.(4)TheMinistermayauthorisetheStatetounderwritethepolicies starting from a day stated by the
Minister, includingfrom a day before the Minister authorises
the underwriting.(5)The State becomes the insurer
underwriting the policies fromthe day stated
by the Minister.Page 96Current as at
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insurers[s 67A](6)IftheStatebecomesaninsurerundersubsection (5),aregulationmaymakeprovisionfortheStateto,undersection
21—(a)becomeaninsurerofamotorvehicle,evenif,inaparticular case,
the State is not the insurer of the motorvehicle under
subsection (4); or(b)stop being the insurer of a motor
vehicle.(7)For subsections (5) and (6), this Act,
other than the followingprovisions, applies to the
State—(a)sections 62 to 64;(b)section 66;(c)section 67(1) and (2);(d)sections 68 and 69;(e)sections 71 to 87.(8)For
subsection (7), a reference, in an applied provision, to aninsurer, licensed insurer or CTP insurer
includes a reference tothe State.(9)A
regulation may modify an applied provision for the purposeof
its application to the State, including, for example—(a)to modify the way an insurer’s
premiums are fixed undersections 13 and 13A if the State is
the insurer; or(b)to exempt the State from compliance
with section 22.(10)AregulationmayprovideforanythingnecessaryorconvenientrelatingtothetransfertotheStateofCTPinsurance
business from the old insurer, including for examplethe
following—(a)the transfer of some or all of the
rights and liabilities oftheoldinsurerrelatingtoCTPinsurancepoliciestransferred to
the State;(b)continuingorfurtherobligationsoftheoldinsurerrelating to the transferred CTP insurance
policies;Current as at [Not applicable]Page
97
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Licensed insurers[s 68](c)thepaymentofamountsintooroutofanyfundcontrolled by
the State that relates to insurance providedfor or by the
State.(11)In this
section—applied provisionmeans a
provision of this Act applied to theState under
subsection (7).old insurermeans the
insurer whose licence is withdrawn orunder
suspension.68Review of the commission’s decisions
by QCAT(1)An insurer may apply, as provided
under the QCAT Act, toQCATforareviewofadecisionbythecommissiontowithdraw or suspend the insurer’s
licence.(2)For a proceeding of QCAT for a review
under this section,QCAT must be constituted by at least 1
judicial member whois a Supreme Court judge.(3)If QCAT changes or reverses the
commission’s decision, thecommission must publish notice of
QCAT’s decision in thegazette.(4)In
this section—judicial membersee the QCAT
Act, schedule 3.Division 2Supervision of
licensed insurers69Business plans of licensed
insurers(1)A licensed insurer must prepare and
give to the commission abusinessplanforitscompulsorythird-partyinsurancebusiness.(2)Thelicensedinsurer’sfirstbusinessplanmustbepreparedand given to the
commission before the licence is granted.Page 98Current as at [Not applicable]
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insurers[s 70](3)The
licensed insurer must revise its business plan whenever itdeparts significantly from the plan and at
the regular intervalsthat the commission directs by written
notice.(4)The licensed insurer must, as
faraspracticable,conductitscompulsory third-party insurance
business in accordance withits current
business plan.(5)If the insurer departs significantly
from the business plan, itmust notify the commission of the
departure within 2 monthsafter it happens.(6)A
business plan—(a)must describe how the insurer’s
compulsory third-partybusiness is to be conducted (including
marketing, claimshandling, the provision of rehabilitation,
the keeping ofrecords, systems management and control of
costs); and(b)mustbepreparedinaccordancewiththewrittenguidelinesissuedbythecommissionandnotifiedtolicensed insurers.70Accounts and returns of licensed
insurers(1)A licensed insurer must keep the
accounting and other recordsaboutitsbusiness,anditsfinancialposition,thatmayberequired by this Act or the industry
deed.(2)The regulations may prescribe
accounting or other standardswith which the
records must comply.(3)A licensed
insurer must file returns and other documents withthe
commission as required by the industry deed or regulation.Maximum penalty—150 penalty units.(4)Theregulationsmayrequirethatreturnsoraccompanyingdocuments be
certified by an auditor or actuary.71Audit
of accounts(1)Thecommissionmayappointanappropriatelyqualifiedperson—Current as at
[Not applicable]Page 99
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Licensed insurers[s 72](a)to
inspect or audit, and report to the commission on, theaccounting and other records about the
business, or thefinancial position, of a licensed insurer;
or(b)to carry out an actuarial
investigation into, and report tothe commission
on, the assets and liabilities, or any classof assets or
liabilities, of a licensed insurer.(2)The
appointed person may inspect the accounting and otherrecords of the licensed insurer.(3)The licensed insurer must provide all
reasonable help to assistthe inspection, audit or actuarial
investigation.(4)Apersonmustnotwilfullydelayorobstructapersonexercising
powers under this section.Maximum penalty—150 penalty units or
imprisonment for 1year.(5)A
statement made orally or in writing by a person exercisingpowers under this section is protected by
qualified privilege.72Information to be provided by
insurers(1)A licensed insurer must immediately
inform the commissionif—(a)the
insurer or a related body corporate fails to make apaymentofprincipalorinterestrequiredunderanydebenture or security issued by the insurer
or the relatedbody corporate; or(b)aliquidator,receiverorreceiverandmanagerofpropertyoftheinsurerorarelatedbodycorporateisappointed; or(c)theinsurerorarelatedbodycorporateresolvestobewound up;
or(d)anothereventhappensofanatureprescribedbyregulation.(2)The
commission may require a licensed insurer—Page 100Current as at [Not applicable]
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insurers[s 72A](a)to
disclose to the commission, within the time allowedbythecommission,specifiedinformationaboutthebusinessorthefinancialpositionoftheinsurerorarelated body
corporate; or(b)to give to the commission, within the
time allowed bythe commission, copies of specified
documents.(3)A requirement under subsection (2)
must be made in writingand must state the time within which
the requirement must becomplied with.(4)If a
requirement under subsection (2) is not complied with, theinsurer commits an offence.Maximum penalty—300 penalty units.(5)In this section—licensed
insurerincludes a body corporate formerly
licensedunder this Act.72ADeclarations from licensed insurer(1)Thecommissionmaybynoticeinwritingrequirethechiefexecutive
officer or another appropriate officer of a licensedinsurer, or both, to give the commission
within a reasonableperiodadeclarationfortheperiodtowhichthenoticerelates—(a)thatthelicensedinsurerhascompliedwithsection 96(1); and(b)thatthelicensedinsurerhasnotestablishedortreatedthe cost of any
inducement to which section 96(2)(c) or(3)(b)appliesasacost,expenseorchargeunderoragainsttheinsurer’sCTPinsurancepoliciesorCTPbusiness
generally; and(c)thatthelicensedinsurerhascompliedwithsection 97(5).(2)The
commission may require the declaration to be given on anannual basis or in relation to a particular
period, as stated bythe commission in the notice.Current as at [Not applicable]Page
101
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Licensed insurers[s 73](3)Apersonofwhomthedeclarationisrequiredmustbearesident of
Australia.(4)A person of whom the declaration is
required—(a)must give the declaration as required,
unless the personhas a reasonable excuse; and(b)must not make a false
declaration.Maximum penalty—300 penalty units.(5)In this section—appropriate
officer of the licensed insurermeans an
officerofthelicensedinsurerwhothecommissionconsidersisappropriate to provide the
declaration.73Power of Supreme Court to deal with
licensed insurers(1)IftheSupremeCourtissatisfied,onapplicationbythecommission,thatalicensedinsurerorformerlicensedinsurer—(a)may
not be able to meet the insurer’s liabilities underCTP
insurance policies; or(b)has acted in a
way prejudicial to the interests of personsinsured under
CTP insurance policies;theSupremeCourtmaymakeordersthatitconsidersnecessaryordesirabletoprotectthestatutoryinsurancescheme and to ensure, as far as practicable,
that the insurerproperlydischargesitsobligationsunderthestatutoryinsurance
scheme.(2)The Supreme Court may, for example,
make orders (includinginterimordersthataretoapplypendingthefinaldetermination of
the application)—(a)regulatingtheadministrationandpaymentofclaimsunder CTP
insurance policies; or(b)prohibiting or
regulating any transfer or disposal of, ordealing in,
assets; orPage 102Current as at
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insurers[s 74](c)requiring the licensed insurer or former
licensed insurerto discharge liabilities under CTP insurance
policies outof its assets or the assets of a related
body corporate; or(d)appointing a receiver or receiver and
manager, with thepowers that the court directs, of property
or part of thepropertyofthelicensedinsurerorformerlicensedinsurer or a related body corporate.(3)The Supreme Court may not require the
commission to givean undertaking about damages as a condition
of granting aninterim order.(4)Ontheapplicationofanyinterestedperson,theSupremeCourt may amend
or revoke an order under this section.(5)ThepowersconferredontheSupremeCourtunderthissection are not
to be exercised in relation to a body corporatethat is being
wound up.Division 3Special
investigations74Appointment of investigator(1)If the commission considers it
desirable in the public interest,the commission
may appoint an investigator to investigate theaffairs of an
insurer that is, or has been, licensed under thisAct.(2)A
person is eligible to be appointed as an investigator only
ifthe person is a properly qualified legal
practitioner, a properlyqualified accountant, or has other
appropriate qualifications orexperience to
carry out an investigation under this division.(3)The
instrument of appointment—(a)must state the
terms of the appointment; and(b)must
state the matters into which the investigation is tobe
made; and(c)may state a period within which the
investigation mustbe completed.Current as at
[Not applicable]Page 103
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Licensed insurers[s 75](4)Thecommissionmay,bywrittennoticegiventotheinvestigator—(a)amend the instrument of appointment in any
way; or(b)end the appointment.75Investigation of related body
corporateIf an investigator considers it necessary,
in investigating theaffairsofaninsurer,toinvestigatetheaffairsofabodycorporatethatisorhasatanyrelevanttimebeenarelatedbody corporate,
the investigator may investigate the affairs ofthe body
corporate with the commission’s written agreement.76Powers of investigators(1)An investigator may, by written
notice, require an officer of aninsurerorbodycorporatewhoseaffairsareunderinvestigation—(a)to
produce to the investigator documents of the insureror
body corporate and other documents about its affairsthat
are in the custody or under the control of the officer;and(b)to give the
investigator all reasonable help in connectionwith the
investigation; and(c)to appear before the investigator for
examination on oathor affirmation.(2)An
investigator may administer an oath or affirmation.77Documents produced to
investigator(1)Ifadocumentisproducedtoaninvestigatorunderthisdivision,theinvestigatormaykeepthedocumentfortheperiod that the investigator
reasonably considers necessary forthe
investigation.Page 104Current as at
[Not applicable]
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insurers[s 78](2)The
investigator must permit a person who would be entitledtoinspectthedocument,ifitwasnotbeingkeptbytheinvestigator, to
inspect the document at all reasonable times.Notauthorised—indicativeonly78Examination of officers(1)If the affairs of an insurer or other
body corporate are beinginvestigatedunderthisdivision,anofficeroftheinsurerorbody
corporate must not—(a)failtocomplywithalawfulrequirement(arelevantrequirement) of the
investigator to the extent the officeris able to
comply with it; or(b)inpurportedcompliancewitharelevantrequirement,give information
knowing it to be false or misleading ina material
particular; or(c)when appearing before an investigator
for examinationunder a relevant requirement—(i)state anything knowing it to be false
or misleadingin a material particular; or(ii)fail to be sworn
or to make an affirmation.Maximum penalty—300 penalty units or
imprisonment for 2years.(2)Apersonwhocomplieswiththerequirementofaninvestigator under this section does
not incur any liability toanother merely because of the
compliance.(3)Apersonrequiredtoattendforexaminationunderthisdivision is
entitled to the allowances and expenses prescribedby
regulation.79Self-incrimination(1)An
officer is not excused from—(a)answeringaquestionputtotheofficerbyaninvestigator;
or(b)producing a document to an
investigator;Current as at [Not applicable]Page
105
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Licensed insurers[s 80]on the ground
that the answer or production of the documentmight tend to
incriminate the officer.(2)Before an
investigator requires an officer to answer a questionortoproduceadocument,theinvestigatormustinformtheofficer—(a)oftheofficer’srighttoassertthatansweringthequestionorproductionofthedocumentmighttendtoincriminate the officer; and(b)oftheeffectundersubsection (3)ofmakingtheassertion.(3)Neither the answer, nor the fact that the
officer has producedthe document, is admissible in
evidence against the officer in acriminal
proceeding (other than a proceeding about the falsityof
the answer or document) if—(a)beforeansweringthequestionorproducingthedocument, the officer asserts that answering
the questionor production of the document might tend to
incriminatethe officer; and(b)answering the question or production of the
documentmight in fact tend to incriminate the
officer.80Failure of officer to comply with
requirement ofinvestigator(1)Ifanofficerfailstocomplywitharequirementofaninvestigator,theinvestigatormaycertifythefailuretotheSupreme Court.(2)If
an investigator gives a certificate under subsection (1),
thecourt may inquire into the case and
may—(a)order the officer to comply with the
requirements of theinvestigator within a period fixed by the
court; and(b)ifthecourtissatisfiedthattheofficerfailedwithoutlawfulexcusetocomplywiththerequirementoftheinvestigator—punish the officer in the
same way as ifthe officer had been guilty of contempt of
the court.Page 106Current as at
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insurers[s 81]81Recording of examination(1)Aninvestigatormustcausearecordofthequestionsaskedand
the answers given at an examination under this division tobe
made.(2)Subject to section 79, a record of the
examination of a personunderthisdivisionmaybeusedinevidenceinalegalproceeding
against the person.(3)A copy of the record of the
examination of a person must begiven without
fee to the person on the written request of theperson.(4)A record made under this section about
an investigation mustbeincludedwiththeinvestigator’sfinalreportontheinvestigation.(5)Nothing in this section affects or limits
the admissibility ofother written or oral evidence.82Copy of record of examination may be
given to legalpractitioner(1)Thecommissionmaygiveacopyoftherecordofanyexamination made under section 81 to a
legal practitioner whosatisfies the commission that the
practitioner is acting for aperson who is
conducting, or is in good faith contemplating,legalproceedingsaboutaffairsbeinginvestigatedbyaninvestigator under this
division.(2)Thelegalpractitionertowhomacopyofarecordisgivenunder subsection
(1)—(a)must use the record only for the legal
proceedings; and(b)must not publish or communicate the
record or any partof it for any other purpose.Maximum penalty for subsection (2)—300
penalty units.Current as at [Not applicable]Page
107
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 5
Licensed insurers[s 83]83Delegation of powers by investigator(1)An investigator may delegate any
powers under this divisionexcept the power to administer oaths
or affirmations and thepower to examine on oath or
affirmation.(2)Adelegatemustproducetheinstrumentofdelegationforinspectiononrequestbyanofficerofaninsurerorbodycorporatewhoseaffairsarebeinginvestigatedunderthisdivision.84Report of investigator(1)An investigator may, and, if directed
by the commission, mustmake interim reports to the
commission.(2)Onthecompletionorterminationoftheinvestigation,theinvestigator must report to the commission
the investigator’sopinion on the matters subject to the
investigation, togetherwith the facts on which the opinion is
based.(3)When making a report under this
section, an investigator mustgivetothecommissionanydocumentsofwhichtheinvestigator has taken possession under this
division.(4)The commission—(a)maykeepthedocumentsfortheperiodthatthecommission reasonably considers
necessary to enable adecisiontobemadeaboutwhetherornotalegalproceeding ought to be started; and(b)may keep the documents for any further
period that thecommission reasonably considers necessary to
enable alegal proceeding to be started and
continued; and(c)maypermitotherpersonstoinspectthedocumentswhile they are
in the commission’s possession; and(d)maypermittheuseofthedocumentsforalegalproceeding
started because of the investigation; and(e)must
permit a person who would be entitled to inspectanyofthedocumentsiftheywerenotinthePage
108Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 5 Licensed
insurers[s 85]commission’s
possession to inspect the document at allreasonable
times.(5)A copy of a final report must, and a
copy of the whole or anypart of an interim report may, be
given by the commission tothe insurer or other body corporate to
which the report relates.(6)However, the
commission is not bound to give an insurer orother person a
copy of a report, or any part of a report, if thecommission is of the opinion that there is
good reason for notdivulging its contents.(7)Ifthecommissionisoftheopinionthatitisinthepublicinterest, the
commission may cause the whole or any part of areport to be
printed and published.(8)If an
investigator has caused a record of an examination underthis
division to be given to the commission with the report towhich the record relates, a copy of the
record may be given tothepersons,andontheconditions,thatthecommissionconsiders
appropriate.85Admission of investigator’s report in
evidence(1)A document certified by the commission
to be a copy of aninvestigator’s report is admissible in any
legal proceeding asevidence of any facts found by the
investigator to exist.(2)Nothinginthissectionoperatestodiminishtheprotectiongiven to
witnesses by law.86Costs of investigation(1)The commission may recover the costs
of and incidental to aninvestigationunderthisdivisionfromtheinsurerorotherbody corporate
to which the investigation is related.(2)However, costs may not be recovered from an
insurer or otherbodycorporateunderthissectioniftheinvestigationestablished no
irregularity on the part of the insurer or otherbody
corporate.Current as at [Not applicable]Page
109
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part
5A Enforcement[s 87]87Offences relating to investigations(1)A person who—(a)conceals, destroys, mutilates or alters a
document of orabout an insurer or other body corporate
whose affairsare being investigated under this division;
or(b)sends, causes to be sent or conspires
with someone elsetosend,outoftheStateadocumentmentionedinparagraph (a) or any property
belonging to or under thecontrol of the insurer or body
corporate;commits an offence.Maximum
penalty—300 penalty units or imprisonment for 2years.(2)It is a defence to a charge of an
offence against subsection (1)to prove that
the defendant did not act with intent to defeat thepurposes of this division or to delay or
obstruct the carryingout of an investigation under this
division.Part 5AEnforcementDivision 1Authorised persons87AAppointment of authorised person(1)Thecommissionmayappointapersonasanauthorisedpersonifthecommissionconsidersthepersonhasthenecessary expertise or experience to
be an authorised person.(2)Eventhoughapersonwhoisanofficeroremployeeoftransportadministrationorwhoissubjecttotransportadministration’sadministrativecontrolorsupervisionmayhave, in that capacity, some of the
functions of an authorisedpersonunderthispart,theofficeroremployeeisnottoberegardedasanauthorisedpersonunlessappointedasanauthorised
person by the commission.Page 110Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 5A
Enforcement[s 87B]87BFunctions and powers of authorised
person(1)An authorised person has the following
functions—(a)tomonitorcompliancewiththisActandtheNationalInjury Act;(b)to
investigate suspected offences against this Act and theNational Injury Act;(c)toinvestigate,atthecommission’sdirection,claimsagainst an insurer, and liabilities that may
be owed to aninsurer, under this Act.(2)Anauthorisedpersonhasthepowersgiventothepersonunder this Act
or another Act.(3)An authorised person is subject to the
commission’s directionsin exercising the authorised person’s
powers.(4)The powers of an authorised person may
be limited—(a)under a regulation; or(b)under a condition of appointment;
or(c)bywrittennoticegivenbythecommissiontotheauthorised person.87CAuthorised person’s employment
conditions(1)An authorised person holds office on
the conditions stated inthe instrument of appointment.(2)An authorised person—(a)if the appointment provides for a term
of appointment—ceases holding office at the end of the
term; and(b)may resign by signed notice given to
the commission;and(c)iftheconditionsofofficeprovide—ceasesholdingoffice as an authorised person on ceasing to
hold anotherofficestatedintheappointmentconditions(themainoffice).Current as at [Not applicable]Page
111
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part
5A Enforcement[s 87D](3)However, an authorised person may not resign
from the officeof authorised person (thesecondary office) if a term of
theauthorised person’s employment to the main
office requiresthe authorised person to hold the secondary
office.87DAuthorised person’s identity
card(1)The commission must give an identity
card to each authorisedperson.(2)The
identity card must—(a)containarecentphotographoftheauthorisedperson;and(b)be signed by the
authorised person; and(c)identifythepersonasanauthorisedpersonforthecommission;
and(d)include an expiry date; and(e)be signed by the commissioner.(3)A person who ceases to be an
authorised person must returntheperson’sidentitycardtothecommissionwithin7daysafter the person
ceases to be an authorised person, unless theperson has a
reasonable excuse.Maximum penalty—10 penalty units.87EDisplay of authorised person’s
identity card(1)Anauthorisedpersonmayexerciseapowerinrelationtosomeone else only if the authorised
person—(a)first produces his or her identity
card for the person’sinspection; or(b)has
the identity card displayed so it is clearly visible tothe
person.(2)However, if for any reason it is not
practicable to comply withsubsection (1),theauthorisedpersonmustproducethePage 112Current as at
[Not applicable]
Motor
Accident Insurance Act 1994Part 5A
Enforcement[s 87F]identitycardforinspectionbythepersonatthefirstreasonable
opportunity.Notauthorised—indicativeonly87FProtection from liability(1)An authorised person does not incur
civil liability for an actdone,oromissionmade,honestlyandwithoutnegligenceunder this
Act.(2)Ifsubsection
(1)preventsacivilliabilityattachingtoanauthorisedperson,theliabilityattachesinsteadtothecommission.Division 2Powers of authorised persons87GPower to require information(1)Thissectionappliesifanauthorisedpersonbelievesonreasonablegroundsthatapersonhasinformation,ordocumentsprovidinginformation,relevanttoanyofthefollowing matters—(a)a
liability under the statutory insurance scheme;(b)an
entitlement under the statutory insurance scheme;(c)an offence the authorised person
reasonably believes hasbeen committed against this Act or the
National InjuryAct.(2)Theauthorisedpersonmayrequirethepersontogivetheinformation to, or produce the documents for
inspection by,theauthorisedpersonatareasonabletimeandplacenominated by the
authorised person and allow the authorisedperson to make a
copy of the documents.(3)Toavoiddoubt,itisdeclaredthatundersubsection (2),anauthorised person may require the
information to be given, orthe documents to
be produced immediately, at the place therequirement is
made, if the requirement is reasonable in thecircumstances.Current as at
[Not applicable]Page 113
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part
5A Enforcement[s 87H](4)Whenmakingtherequirement,theauthorisedpersonmustwarn the person
it is an offence to fail to give the information,or
produce the documents, unless the person has a reasonableexcuse.(5)Thepersonmustcomplywiththerequirement,unlesstheperson has a reasonable excuse for not
complying with it.Maximum penalty—50 penalty units.(6)Apersonhasareasonableexcuseforfailingtogivetheinformation or produce the documents
if—(a)thepersonwouldbeentitledtorefusetogivetheinformationorproducethedocumentinacourtproceeding on
the ground that giving the information orproducing the
documents would tend to incriminate theperson;
or(b)in the case of a requirement to
produce documents—thecost of producing the documents would,
having regardtotheirevidentiaryvalueandanyotherrelevantcircumstances,
be unreasonable.(7)The person does not commit an offence
against this section ifthe information or documents sought by
the authorised personarenotinfactrelevanttoamattermentionedinsubsection (1).87HApplication for warrant(1)An
authorised person may apply to a magistrate for a warrantfor
a place.(2)The application must be sworn and
state the grounds on whichthe warrant is sought.(3)The magistrate may refuse to consider
the application until theauthorised person gives the magistrate
all the information themagistraterequiresabouttheapplicationinthewaythemagistrate requires.Example—Themagistratemayrequireadditionalinformationsupportingtheapplication to be given by statutory
declaration.Page 114Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 5A
Enforcement[s 87I]87IIssue
of warrant(1)The magistrate may issue a warrant
only if satisfied there arereasonable
grounds for suspecting—(a)there is a
particular thing or activity (theevidence)
thatmay provide evidence of an offence against
this Act orthe National Injury Act; and(b)the evidence is at the place, or,
within the next 7 days,may be at the place.(2)The warrant must state—(a)that a stated authorised person may,
with necessary andreasonable help and force—(i)enter the place and any other place
necessary forentry; and(ii)exercise the authorised person’s powers
under thispart; and(b)the
offence for which the warrant is sought; and(c)the
evidence that may be seized under the warrant; and(d)thehoursofthedayornightwhentheplacemaybeentered; and(e)thedate,within14daysafterthewarrant’sissue,thewarrant ends.87JSpecial warrants(1)Anauthorisedpersonmayapplyforawarrant(aspecialwarrant)byphone,fax,radiooranotherformofcommunication if the authorised person
considers it necessarybecause of—(a)urgent circumstances; or(b)other special circumstances, including, for
example, theauthorised person’s remote location.Current as at [Not applicable]Page
115
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part
5A Enforcement[s 87J](2)Before applying for the special warrant, the
authorised personmust prepare an application stating the
grounds on which thewarrant is sought.(3)Theauthorisedpersonmayapplyforthespecialwarrantbefore the application is sworn.(4)Afterissuingthespecialwarrant,themagistratemustimmediatelyfaxacopy(afacsimilewarrant)totheauthorisedpersonifitisreasonablypracticabletofaxthecopy.(5)Ifitisnotreasonablypracticabletofaxacopytotheauthorised
person—(a)the magistrate must tell the
authorised person—(i)what the terms of the special warrant
are; and(ii)the date and
time the special warrant is issued; and(b)the
authorised person must complete a form of warrant(awarrant form) and write on
it—(i)the magistrate’s name; and(ii)the date and
time the magistrate issued the specialwarrant;
and(iii)the terms of the
special warrant.(6)Thefacsimilewarrant,orthewarrantformproperlycompleted by the
authorised person, authorises the entry andthe exercise of
the other powers stated in the special warrantissued.(7)Theauthorisedpersonmust,atthefirstreasonableopportunity,
send to the magistrate—(a)the sworn
application; and(b)if the authorised person completed a
warrant form—thecompleted warrant form.(8)On
receiving the documents, the magistrate must attach themto
the special warrant.Page 116Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 5A
Enforcement[s 87K](9)A
court must find the exercise of the power by an authorisedperson was not authorised by a special
warrant if—(a)an issue arises in a proceeding before
the court whethertheexerciseofthepowerwasauthorisedbyaspecialwarrant
mentioned in subsection (1); and(b)the
special warrant is not produced in evidence; and(c)it is not proved by the person relying
on the lawfulnessoftheentrythattheauthorisedpersonobtainedthespecial warrant.87KWarrants—procedure before entry(1)Thissectionappliesifanauthorisedpersonnamedinawarrant issued under this part for a
place is intending to enterthe place under
the warrant.(2)Before entering the place, the
authorised person must do ormake a
reasonable attempt to do the following things—(a)identifyhimselforherselftoapersonpresentattheplacewhoisanoccupieroftheplacebyproducingacopyoftheauthorisedperson’sidentitycardorotherdocumentevidencingtheauthorisedperson’sappointment;(b)give
the person a copy of the warrant or if the entry isauthorisedbyafacsimilewarrantorwarrantformmentionedinsection 87J(6),acopyofthefacsimilewarrant or
warrant form;(c)tell the person the authorised person
is permitted by thewarrant to enter the place;(d)give the person an opportunity to
allow the authorisedperson immediate entry to the place
without using force.(3)However,theauthorisedpersonneednotcomplywithsubsection (2) if the authorised person
believes on reasonablegrounds that immediate entry to the
place is required to ensurethe effective
execution of the warrant is not frustrated.Current as at
[Not applicable]Page 117
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part
5A Enforcement[s 87L]87LPower
to seize evidence(1)An authorised person who enters a
place with a warrant maysearch for and seize the evidence for
which the warrant wasissued.(2)Anauthorisedpersonmayalsoseizeanotherthingiftheauthorised
person believes on reasonable grounds—(a)the
thing is evidence of an offence against this Act or theNational Injury Act; and(b)theseizureisnecessarytopreventthethingbeingconcealed, lost or destroyed.87MReceipt for seized things(1)As soon as practicable after a thing
is seized by an authorisedperson, the authorised person must
give a receipt for it to theperson from whom
it was seized.(2)However, if for any reason it is not
practicable to comply withsubsection (1), the authorised person
must leave the receipt attheplaceofseizureinareasonablysecurewayandinaconspicuous position.87NAccess to seized thingsUntil a seized thing is returned or
otherwise finally dealt with,an authorised
person must allow its owner—(a)to
inspect it; or(b)if it is a document—to make copies of
it.87OReturn of seized thing(1)The authorised person must return a
seized thing to its ownerat the end of—(a)6
months; orPage 118Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 5A
Enforcement[s 87P](b)ifaprosecutionforanoffenceinvolvingitisstartedwithin 6 months—the prosecution and any
appeal fromthe prosecution.(2)Despite subsection (1), the authorised
person must return theseized thing to its owner immediately
the authorised personstops being satisfied its retention as
evidence is necessary.Division 3Other
enforcement matters87PCompensation(1)A
person may claim an amount by way of compensation if thepersonincurslossorexpensebecauseoftheexerciseorpurported exercise of a power under
this part, including, forexample, in complying with a
requirement made of the personunder this
part.(2)The amount may be claimed from the
commission.(3)Payment of the amount may be claimed
and ordered—(a)in a civil proceeding for a debt;
or(b)inaproceedingforanoffenceagainstthisActortheNational Injury
Act brought against the person makingthe claim for
the amount.(4)A court may order the payment of the
amount for the loss orexpense only if it is satisfied it is
just to make the order in thecircumstances of
the particular case.(5)Aregulationmayprescribemattersthatmay,ormust,betaken into account by the court when
considering whether it isjust to make the order.87QCosts of investigation(1)This section applies if a person is
convicted by a court of anoffence against this Act or the
National Injury Act.Current as at [Not applicable]Page
119
Motor
Accident Insurance Act 1994Part 5A
Enforcement[s 87R](2)Thecourtmayorderthepersontopaythecommission’sreasonablecostsofanyinvestigationabouttheoffence,including
reasonable costs of preparing for the prosecution.(3)This section does not limit the orders
for costs the court maymake on the conviction.Notauthorised—indicativeonlyDivision 4Obstructing or
impersonatingauthorised persons87RObstruction of authorised persons(1)Apersonmustnotobstructanauthorisedpersonintheexerciseofapower,unlessthepersonhasareasonableexcuse.Maximum penalty—50 penalty units.(2)In this section—obstructincludes hinder, resist or attempt to
obstruct.87SImpersonation of authorised
personsA person must not pretend to be an
authorised person.Maximum penalty—50 penalty units.Division 5Fraud and false
and misleadingstatements87TOffences involving fraud(1)A
person must not in any way—(a)defraudorattempttodefraudthecommission,ortheNominal Defendant or another insurer;
or(b)deliberately mislead or attempt
deliberately to misleadthecommission,theNominalDefendantoranotherinsurer;
orPage 120Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 5A
Enforcement[s 87U](c)conniveatconductbyanotherthatcontravenesparagraph (a) or
(b).Maximumpenalty—400penaltyunitsor18monthsimprisonment.(2)If
conduct that constitutes an offence defined in subsection
(1)is recurrent so that, but for this
subsection, each instance oftheconductwouldconstituteaseparateoffence,2ormoreinstancesoftheconductaretobetakentoconstitutebut1offencecommittedoveraperiodspecifiedinthecomplaintlaidinrelationtotheconduct,andmaybechargedandbedealt with on 1
complaint.87UFalse or misleading information or
documents(1)This section applies to a statement
made or document given inconnection with a claim under the
statutory insurance schemeto the commission, the Nominal
Defendant or another insurer.(2)A
person must not state anything to the commission, or theNominalDefendantoranotherinsurer,thepersonknowsisfalse or misleading in a material
particular.Maximumpenalty—150penaltyunitsor1year’simprisonment.(3)Apersonmustnotgivethecommission,ortheNominalDefendant or
another insurer, a document the person knows isfalse or
misleading in a material particular.Maximumpenalty—150penaltyunitsor1year’simprisonment.(4)Subsection (3) does not apply to a person
who, when givingthe document—(a)informs the commission, or the Nominal
Defendant orother insurer, to the best of the person’s
ability, how it isfalse or misleading; and(b)gives the correct information to the
commission, or theNominal Defendant or other insurer, if the
person has, orcan reasonably obtain, the correct
information.Current as at [Not applicable]Page
121
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part
5A Enforcement[s 87V](5)Subsection (3)doesnotrequirethecommission,ortheNominal Defendant or another insurer,
to tell someone that adocumentisfalse,misleadingorincomplete,ortodiscloseinformation, if
the probable effect would be to alert a personsuspected of
fraud to the suspicion.(6)It is enough for
a complaint against a person for an offenceagainstsubsection (2)or(3)tostatetheinformationordocumentwas,withoutspecifyingwhich,‘falseormisleading’.Division 6Information from Commissioner ofPolice Service87VInformation from Commissioner of Police
Service(1)TheCommissionerofthePoliceServicemay,ontheinsurancecommissioner’swrittenrequest,givetothecommission
information in the possession of the QueenslandPoliceServicethatismentionedinsubsection (2)aboutapersonthecommissionreasonablysuspectstohavecommitted an
offence against this Act or the National InjuryAct.(2)The information that may be given
is—(a)theperson’scriminalhistoryorpartoftheperson’scriminal
history; and(b)anybriefofevidencecompiledbytheQueenslandPoliceServiceonanythingmentionedintheperson’scriminal history; and(c)any
document about any complaint made by or againstthe
person.(3)Forthissection,theCriminalLaw(RehabilitationofOffenders) Act 1986does not
apply.(4)Information given to the commission by
the Commissioner ofthe Police Service under this
section—Page 122Current as at
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Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 5A
Enforcement[s 87W](a)mustnotbeusedforanypurposeotherthananinvestigationorprosecutionunderthisActortheNational Injury
Act; and(b)if not relevant to a suspected offence
against this Act ortheNationalInjuryAct—mustbedisregardedbythecommissionandmustnotbeusedbythecommissionfor any
purpose.Division 7Proceedings87WProceedings(1)A
proceeding for an offence against this Act is to be taken in
asummary way under theJustices Act
1886before a magistrateon the complaint
of—(a)the commissioner; or(b)the Attorney-General; or(c)apersonauthorisedbythecommissionerortheAttorney-General to take the
proceeding.(2)The proceeding must start—(a)within 2 years after the commission of
the offence; or(b)within6monthsafterthecommissionoftheoffencecomes to the
knowledge of the complainant;whichever is the
later.(3)A statement in a complaint
that—(a)thecomplainantisauthorisedbythecommissionerorthe
Attorney-General to take the proceeding; or(b)thecommissionoftheallegedoffencecametotheknowledge of the complainant on a
particular date;is evidence of the fact stated.(4)ProofofanauthorisationbythecommissionerortheAttorney-General under subsection
(1)(c) is not required in aproceedingunlessthedefendant givestheentityresponsibleCurrent as at
[Not applicable]Page 123
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part
5A Enforcement[s 87X]forprosecutingtheproceedinganoticeofintentiontochallenge the authorisation at least 10
business days beforethe hearing date.(5)The
notice must be in the form approved by the commission ortransport administration.Division 8Evidence87XEvidentiary certificates given by the
commission andtransport administration(1)Thecommissionmayissueacertificatecertifyingany1ormore of the
following matters—(a)thatthecommissionmadeaspecifieddecisionunderthis Act on a
specified date;(b)thatthecommissioncarriedoutaspecifiedadministrative act under this Act on a
specified date;(c)thatthecommissiongaveaspecifiednoticetoaspecified person
in a specified way on a specified date;(d)that
an address at which a specified notice was left, or towhichitwassent,wasthelastaddressknowntothecommission of the person to whom the
notice was to begiven.(2)Transport administration may issue a
certificate certifying any1 or more of the following
matters—(a)that a specified vehicle was or was
not registered at aspecified time, or over a specified
period;(b)that a specified vehicle was or was
not insured under thestatutory insurance scheme at a
specified time, or over aspecified period;(c)that
a specified amount is, or was at a specified time,payabletotransportadministrationasaninsurancepremium for CTP
insurance for a specified vehicle;Page 124Current as at [Not applicable]
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Accident Insurance Act 1994Part 6
Miscellaneous[s 88](d)thattherewasaspecifieddeficiencyintheamountreceived by
transport administration on a specified dateby way of an
insurance premium for CTP insurance fora specified
vehicle.(3)Acertificateunderthissectionisadmissibleincivilorcriminalproceedingsasevidenceofanythingstatedinthecertificate.(4)A
document is admissible in legal proceedings and is to betaken, in the absence of contrary evidence,
to be a certificateunder this section if the document—(a)appears to be a certificate under this
section; and(b)purportstobesignedbyapersonauthorisedbythecommissionortransportadministration(asthecaserequires) to
issue the certificate.(5)Subsections (6)
and (7) apply if there is an authorisation bythe commission
or transport administration under subsection(4)(b) of a
power to give a certificate under subsection (1) or(2).(6)Proofoftheauthorisationisnotrequiredinaproceedingunlessthedefendantgivestheentityresponsibleforprosecuting the proceeding a notice of
intention to challengethe authorisation at least 10 business
days before the hearingdate.(7)The
notice must be in the form approved by the commission ortransport administration.Part
6Miscellaneous88Information to be provided by licensed
insurers(1)A licensed insurer must provide the
commission with—(a)periodicreturns,asrequiredbyregulation,containingthe information
required by regulation; and(b)other information—Current as at
[Not applicable]Page 125
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 6
Miscellaneous[s 88](i)about claims against the insurer (including
claimsarising before the commencement of this
Act); or(ii)relevantinanotherwaytotheadministrationofthis
Act;thatisrequiredbyregulation,orthatthecommissionmay require by
written notice to the insurer.(2)An
insurer may, for example, be required to provide—(a)detailsofmotorvehicleaccidentclaimsagainsttheinsurer,andthedateswhennoticeoftheclaimswerereceived by the insurer; and(b)information about the claimants;
and(c)information about whether liability
was admitted by theinsurer,whenliabilitywasadmittedordeniedand,ifliability was admitted, the extent to
which liability wasadmitted; and(d)informationabouttherehabilitationservicesmadeavailabletotheclaimantandtheextenttowhichtherehabilitation services were used by the
claimant; and(e)information about the costs of the
insurer on claims, andhow the costs are made up.(3)The information—(a)mustbeprovidedbymeansofsystemsfortheprocessing and transmission of
information that complywithreasonablerequirementsimposedbythecommission;
and(b)must be provided in a form reasonably
required by thecommission.(4)Aninsurermustnotfailtocomplywitharequirementimposed under
this section.Maximumpenalty—150penaltyunitsandafurther50penalty units for each week until the
requirement is compliedwith.Page 126Current as at [Not applicable]
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Accident Insurance Act 1994Part 6
Miscellaneous[s 88A](5)A
court that convicts a licensed insurer of an offence againstthis
section may, by order, withdraw the licence.88ACommission’s power to intervene to
establishinformation processing systems(1)This section applies if—(a)thecommission,bywrittennoticegiventoalicensedinsurer,requirestheinsurertoestablish,withinthereasonabletimestatedinthenotice,systemsfortheprocessing and
transmission of information that complywith specified
reasonable requirements; and(b)the
insurer fails to comply with the requirement withinthe
stated time.(2)Thecommissionmayengagecontractorstoestablishtherequiredsystemsfortheprocessingandtransmissionofinformation and authorise them to enter the
licensed insurer’spremises when the premises are open for
business to carry outthe necessary work.(3)The licensed insurer must—(a)allowanauthorisedcontractoraccesstotheinsurer’spremisesandfacilitiesforthepurposeofestablishingthe required
systems for the processing and transmissionof information;
and(b)must, at the request of an authorised
contractor, providecooperationandassistancethecontractorreasonablyneeds to carry
out the work effectively.Maximum penalty—150 penalty
units.(4)Thecommissionmayrecoverthecostofworkcarriedoutunder this section as a debt from the
licensed insurer.(5)A court that convicts a licensed
insurer of an offence againstthis section
may, by order, withdraw the licence.Current as at
[Not applicable]Page 127
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 6
Miscellaneous[s 89]89Register of claims(1)The
commission must keep a register of claims.(2)The
register must contain information provided under this Actbyinsurersthatthecommissionconsidersappropriateforinclusion in the register.(3)The information contained in the
register must be accessibletolicensedinsurersandotherstotheextentthatthecommission decides.(4)However,informationthatwould,ifitbecamegenerallyknown, affect an insurer’s competitive
position must not bedisclosedinaformthatwouldenabletheinsurer’sidentification.90Transport administration to provide certain
information(1)Transportadministrationmust,onreceiptofanapplicationaccompaniedbytheappropriatefeedecidedbytransportadministration,
inform the applicant—(a)whetheramotorvehiclementionedintheapplicationwas insured
under this Act as at a specified date; and(b)ifso—thelicensedinsurerundertheCTPinsurancepolicy.(2)A
certificate given by a delegate of transport administration
totheeffectthataparticularlicensedinsurer,ortheNominalDefendant, was,
on a specified date, the insurer of a particularmotor vehicle under the statutory insurance
scheme must beaccepted as evidence of the fact
certified.(3)Subsections(4)and(5)applyifthereisadelegationbytransport administration of a power to give
a certificate undersubsection (2).(4)Proof of the delegation is not required in a
proceeding unlessthe defendant gives the entity responsible
for prosecuting theproceeding a notice of intention to
challenge the delegation atleast 10
business days before the hearing date.Page 128Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 6
Miscellaneous[s 91](5)Thenoticemustbeintheformapprovedbytransportadministration.91Insolvent insurers(1)If
the commission publishes a gazette notice to the effect thatanamedinsurerpreviouslylicensedunderthisActbecameinsolvent on a
particular date, the insurer is presumed, for thepurposes of this Act, to have become
insolvent on that date.(2)Theliquidatorofaninsolventinsurermustatthecommission’srequestgiveanyinformationthecommissionrequires about
the stage reached by the insurer in processingclaims before
becoming insolvent and any other informationreasonably
required by the commission.Maximum
penalty—25 penalty units.92Disclosure of
information(1)A person engaged in work related to
the administration of thestatutory insurance scheme, or claims
made under the scheme,mustnotdivulgeinformationofaprivateorconfidentialnature acquired
during the work other than as authorised orrequired by the
terms of the person’s employment or by law.Maximum
penalty—50 penalty units.(2)This section
does not prevent—(a)the exchange of information between
insurers; or(b)any other form of disclosure
authorised or required bythe industry deed or
regulation.94Interference with certain
documentsApersonmustnot,withoutproperreason,interferewithdocumentsrelevanttotheselectionofinsurersunderthestatutory insurance scheme.Maximum penalty—150 penalty units.Current as at [Not applicable]Page
129
Motor
Accident Insurance Act 1994Part 6
Miscellaneous[s 95]95Unauthorised policiesApersonotherthanalicensedinsurermustnotpurporttoissue a CTP insurance policy under this
Act.Maximumpenalty—300penaltyunitsforeachpolicypurportedly issued.Notauthorised—indicativeonly96Inducement for
CTP insurance business prohibited(1)A
licensed insurer or other person acting for a licensed
insurermust not give, or offer to give, to an
entity, including an entityactingfortheinsurer,aninducementfordirectingCTPinsurance business to the licensed
insurer.Maximum penalty—300 penalty units(2)Alicensedinsurerorotherpersondoesnotcontravenesubsection (1)
if—(a)theinducementisgivenorofferedtobegiventoanentityonlyonthebasisthattheentitywilldirectanassociate of the entity—(i)to
enter into or renew a CTP insurance policy withthe licensed
insurer; and(ii)toaskthelicensedinsurer,oneachoccasiontheassociate pays a premium to the
licensed insurer, tomake a particular donation to—(A)a particular registered charity;
or(B)a particular road safety research
entity; or(C)an entity prescribed under a
regulation; andNote—‘Direct’hasameaningthatcorrespondstothedefinedtermdirecting CTP insurance business.(b)theinducementisthedonationsmadebythelicensedinsureroneveryoccasiontheassociatemakestherequest mentioned in paragraph
(a)(ii); and(c)thelicensedinsurerdoesnotintendto,anddoesnot,establish or treat the cost of the
inducement as a cost,Page 130Current as at
[Not applicable]
Motor
Accident Insurance Act 1994Part 6
Miscellaneous[s 96]Notauthorised—indicativeonlyexpenseorchargeunderoragainsttheinsurer’sCTPinsurance policies or CTP business
generally.(3)Also, a licensed insurer or other
person does not contravenesubsection (1) in relation to a CTP
insurance policy if—(a)the entity to
whom the inducement is given, or offered tobe given, is the
person who is to enter or renew the CTPinsurance policy
(thepolicy holderorproposed policyholder);
and(b)thelicensedinsurerdoesnotintendto,anddoesnot,establish or treat the cost of the
inducement as a cost,expenseorchargeunderoragainsttheinsurer’sCTPinsurance policies or CTP business
generally.(4)However, subsection (3) does not apply
if—(a)the policy holder or proposed policy
holder conducts thebusiness of selling motor vehicles;
and(b)the CTP insurance policy is for a
motor vehicle that willbe sold in the ordinary course of the
business, even if thevehicle is not for sale when the
inducement is given oroffered; and(c)the
entering or renewal of the CTP insurance policy bythepolicyholderorproposedpolicyholderwouldeffectively direct CTP insurance business to
the licensedinsurer when the vehicle is sold.(5)Subsections (2), (3) and (4) provide
for exemptions under theJustices Act 1886, section
76.(6)A court that convicts a licensed
insurer of an offence againstsubsection (1)
may, by order, withdraw the licence.(7)In
this section—associateincludes member,
employee or supporter.directed CTP insurance businessmeans the CTP insurancebusinessdirectedto,orobtainedfor,alicensedinsurerbecause of an inducement.directingCTPinsurancebusiness,toalicensedinsurer,includes—Current as at
[Not applicable]Page 131
Motor
Accident Insurance Act 1994Part 6
Miscellaneous[s 96]Notauthorised—indicativeonlyPage 132(a)obtaining CTP business for a licensed
insurer; and(b)giving any form of advice,
encouragement or suggestionintended to
direct CTP business to a licensed insurer.inducementmeansanyreward,considerationorbenefit,including, for
example, the following—(a)a
commission;Examples—•commissionsbasedonanypremiumforCTPinsurancepolicies resulting from directed CTP
insurance business•commissions paid on insurance products
not involving CTPinsurancebusinessbutbasedondirectedCTPinsurancebusiness(b)an administration payment;Example—•a
fee payable to a motor dealer based on the cost to themotor dealer for work done in directing the
directed CTPinsurance business to the licensed CTP
insurer(c)general financial support.Examples(wherethedirectedCTPinsurancebusinessisbeingdirected to a
CTP insurer by a motor dealer)—•discounts or subsidies applying to premiums
for insurancerelating to the motor dealer’s business or
business connectedto the motor dealer’s business•contributions made to the motor
dealer’s general operatingexpenses,includingfloorplancharges,entertainment,sponsorship,memberships,salesincentiveawardsandassociated functionsregistered charitymeans—(a)a charity registered under theCollections Act 1966; or(b)a charity registered under a law of
another State—(i)thatisprescribedunderaregulationforthissection;
or(ii)if a law is not
prescribed under subparagraph (i)—withobjectssimilartotheCollectionsAct1966and that
provides for the registration of charities.Current as at
[Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 6
Miscellaneous[s 97]roadsafetyresearchentitymeansanentitythatis,orisconducting, a research program, affiliated
with a university,relating to—(a)thecausesofmotorvehicleaccidentsandtheirprevention;
or(b)rehabilitationofpersonsinjuredinmotorvehicleaccidents.97CTP
premiums not to be discounted etc.(1)Alicensedinsurerorabrokerorotherpersonactingforalicensed insurer must not—(a)discount,reduce,waive,ordeferpaymentofthepremium on a CTP
insurance policy; or(b)offer to
discount, reduce, waive, or defer payment of thepremium on a CTP insurance policy; or(c)give or offer to give a rebate on the
premium on a CTPinsurance policy.Maximum
penalty—300 penalty units.(2)Alicensedinsurerorabrokerorotherpersonactingforalicensed insurer must not pay or
subsidise, or offer to pay orsubsidise,anyfeepayableonregistration,orrenewalofregistration, of a motor vehicle by a person
who has selected,orproposestoselect,thelicensedinsurertobetheinsurerunder a CTP
insurance policy for the vehicle.Maximum
penalty—300 penalty units.(3)A licensed
insurer, a broker or other person (whether actingfor
a licensed insurer or not) must not encourage another tomakeapaymentcalculatedtoresultinareducedinsurer’spremium for an insurer.Maximum
penalty—300 penalty units.(4)Alicensedinsurerdoesnotcontravenethissectionbyacceptingareducedinsurer’spremiumincircumstanceswhere the
reduced payment is authorised under this Act.Current as at
[Not applicable]Page 133
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 6
Miscellaneous[s 99](5)A
licensed insurer or other person acting for a licensed
insurermust not give, or offer to give, to a person
an inducement toenterintoorrenewaninsurancepolicy,includingaCTPinsurancepolicy,withtheinsureriftheinsurerintendstoestablish or treat the cost of the
inducement as a cost, expenseorchargeunderoragainsttheinsurer’sCTPinsurancepolicies or the
insurer’s CTP business generally.Examples of an
inducement—1A licensed insurer offers a discount
to policy holders who holdseveral policies of insurance with the
insurer. The offer is availableif one of the
policies is a CTP insurance policy. The discount isapplied to a policy that is not a CTP
insurance policy, but the costofthediscountisheldpartlyagainsttheaccountfortheCTPinsurance
policy.2A licensed insurer offers to give a
person a gift if the person selectsthe licensed
insurer as the insurer under a CTP insurance policy forthe
person’s motor vehicle. The insurer intends to treat the cost
ofthe gift as a cost of the insurer’s CTP
business.Maximum penalty—300 penalty units.(6)A court that convicts a licensed
insurer of an offence againstthis section
may, by order, withdraw the licence.99Penalties for offencesAny monetary
penalty recovered for an offence against thisAct must be paid
into the Motor Accident Insurance Fund.100Regulations(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.(2)A regulation may create offences and
prescribe penalties ofnot more than 60 penalty units for
each offence.100AIndexation of particular
amounts(1)The Minister must, on or before 1 July
2011 and on or before1 July in each succeeding year,
recommend to the Governor inPage 134Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 6
Miscellaneous[s 100A]Counciltheamountsthataretobeprescribedunderaregulation as—(a)the
declared costs limit; and(b)the lower offer
limit; and(c)the upper offer limit.(2)Each amount recommended for a limit is
to be the amount lastprescribedunderaregulationforthelimitadjustedbythepercentagechangeinaverageweeklyearningsoverthe12monthsprecedingthedateoftherecommendationandrounded to the nearest ten dollar.(3)However, if the percentage change in
average weekly earningsover the 12 months preceding the date
of the recommendationwould reduce the amount prescribed as
the limit or result in nochangetotheamount,theMinisterneednotmakearecommendation.(4)Ifthepercentagechangeinaverageweeklyearningsmentionedinsubsection (2)isnotavailablefromtheAustralian Statistician, the Minister
must advise the Governorin Council accordingly.(5)IftheMinisteradvisestheGovernorinCounciloftheunavailability of the percentage
change under subsection (4),the amount
prescribed as the limit is the amount decided bythe
Governor in Council.(6)A regulation
notified after 1 July in a year and specifying adate
that is before the date it is notified as the date from
whichthe amount prescribed as the limit is to
apply has effect fromthe specified date.(7)Subsection (6)appliesdespitetheStatutoryInstrumentsAct1992, section
34.(8)ThissectiondoesnotlimitthepoweroftheGovernorinCouncil to amend the amount prescribed under
a regulationfor a limit.Current as at
[Not applicable]Page 135
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 7
Transitional provisions[s 101]101Periodical reviews(1)Whenever it appears necessary toreview this Act to ensurethat
it is adequately meeting community expectations and itsprovisions remain appropriate, the Minister
must have such areview carried out.(2)The
Minister must cause a report of the outcome of a reviewundersubsection
(1)tobelaidbeforetheLegislativeAssembly.Part
7Transitional provisionsDivision 1Provisions for Act beforecommencement of Motor AccidentInsurance Amendment Act 1999 anda
related matter102Insurance Act 1960 referencesIn
an Act or document, a reference to theInsurance Act
1960may, if the context permits, be taken to be
a reference to thisAct.103Motor Vehicles
Insurance Act 1936 referencesInanActordocument,areferencetotheMotorVehiclesInsurance Act 1936may, if the
context permits, be taken to bea reference to
this Act.104Personal injury claims(1)AcontractofinsuranceinforceundertheformerActimmediately before the commencement of this
Act continuesin force until the earlier of the
following—(a)the contract is replaced by a CTP
insurance policy underthis Act;Page 136Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 7
Transitional provisions[s 106](b)30
days after the end of the registration period to whichit
related.(2)Ifpersonalinjuryarisesoutofamotorvehicleaccidenthappening before
the commencement of this Act, a claim forthe personal
injury must be dealt with as if this Act had notbeen
enacted.(3)Ifpersonalinjuryarisesoutofamotorvehicleaccidenthappening on or
after the commencement of this Act, a claimfor the personal
injury must be dealt with under this Act (eventhoughtheaccidentmayhavehappenedwhileapolicyofinsurance issued under the former Act
remains in force).(4)ThissectionisenactedtoremoveanydoubtanddoesnotaffecttheoperationoftheActsInterpretationAct1954,section 20A in relation to section 104 of
this Act as originallyenacted after the expiry of that
section on 31 December 1995.106Nominal Defendant(1)The
Nominal Defendant under this Act succeeds to rights andliabilities of the Nominal Defendant under
the former Act forpersonalinjuryarisingoutofmotorvehicleaccidentsthathappened before the commencement of this
Act.(2)If the insurer liable under a contract
of insurance issued underthe former Act becomes
insolvent—(a)theNominalDefendantsucceedstotheinsolventinsurer’srightsandliabilitiesunderthecontractofinsurance; and(b)the
provisions of this Act that apply to the insolvency ofan
insurer under a CTP insurance policy apply with anychanges prescribed by regulation.(3)TheMotorVehicleInsuranceNominalDefendantFundestablishedundertheformerActisclosedandthebalancestanding to its
credit at the commencement of this Act must bedealt with as
follows—(a)anamountthatis,intheStateActuary’sopinion,enoughtomeetliabilitiesoftheNominalDefendantCurrent as at [Not applicable]Page
137
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 7
Transitional provisions[s 107]underthissectionmustbetransferredtotheNominalDefendant Fund
under this Act;(b)any balance must be transferred to the
Motor AccidentInsurance Fund under this Act.(4)IftheamountpaidtothecreditoftheNominalDefendantFund proves
insufficient to meet the liabilities of the NominalDefendantunderthissection,thecommissionermustmakepayments from
the Motor Accident Insurance Fund to meetthedeficiency,butthetotalpaymentsfromtheMotorAccident
Insurance Fund under this section can not be morethan
the amount transferred to the fund under subsection (3).(5)Section 33(5)furtherlimitsthetotalpaymentsthatmaybemadeundersubsection (4)fromtheMotorAccidentInsurance Fund.Division 2Provision for Motor AccidentInsurance Amendment Act 1999107Regulation for assessment period
starting before 30 June1999(1)Section 15(2)to(4)doesnotapplytoaregulationundersection 15(1)fixingthelevies,administrationfeeandinsurance premiums for an assessment
period starting before30 June 1999.(2)A
regulation mentioned in subsection (1) is valid even thoughnorecommendationsaremadetotheMinisterundersection 12(2)fortheassessmentperiodtowhichtheregulation relates.Page 138Current as at [Not applicable]
Division 3Motor Accident
Insurance Act 1994Part 7 Transitional provisions[s
108]Provisions for Motor AccidentInsurance Amendment Act 2000Notauthorised—indicativeonly108Application of amendments made by the
Motor AccidentInsurance Amendment Act 2000 to motor
vehicleaccident claims(1)In
this section—relevant amendmentmeans an
amendment to this Act madeby theMotor Accident
Insurance Amendment Act 2000.(2)This Act, as amended by a relevant
amendment—(a)applies to a motor vehicle accident
claim arising from amotorvehicleaccidentthathappensonorafterthecommencement of the relevant amendment;
and(b)governsthetermsandconditionsofaCTPinsurancepolicy under this Act, in so far as it is
relevant to anysuchmotorvehicleaccidentclaim,irrespectiveofwhether the policy came into force before or
after thecommencement of the relevant
amendment.(3)This Act, as in force before the
commencement of a relevantamendment, applies to a motor vehicle
accident claim arisingfromamotorvehicleaccidentthathappenedbeforethecommencement of the relevant
amendment.109Special provision about financial
yearsForthisAct,theperiodcommencingon1July2000andending on 30 September 2000 and the
period commencing on1 October 2000 and ending on 30 June
2001 are taken to beseparate financial years.110Ratification of action taken in
anticipation ofamendments made by the Motor Accident
InsuranceAmendment Act 2000(1)This
section applies to anything done with a view to—Current as at [Not applicable]Page
139
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 7
Transitional provisions[s 111](a)fixingleviesforthefinancialyearcommencingon1October 2000; or(b)fixingtheadministrationfeeforthefinancialyearcommencing on 1
October 2000; or(c)settinginsurer’spremiumsfortheassessmentperiodcommencing on 1 October 2000.(2)AnythingdoneinanticipationofamendmentsmadebytheMotorAccidentInsuranceAmendmentAct2000thatcouldhave been
validly done under this Act assuming that Act hadbeen
enacted and the relevant amendments had commencedwhen
the thing was done is taken to have been validly doneunder this Act.Division 4Provision for Treasury LegislationAmendment Act (No. 2) 2002111Ratification of action taken in
anticipation ofamendments made by Treasury Legislation
AmendmentAct (No. 2) 2002(1)Thissectionappliestoanythingdoneforsettinginsurer’spremiums for the assessment period
commencing on 1 July2003.(2)AnythingdoneinanticipationofamendmentstothisActmadebytheTreasuryLegislationAmendmentAct(No.2)2002,sections 14to17,thatcouldhavebeenvalidlydoneunder this Act if the amendments had
commenced when thething was done is taken to have been validly
done under thisAct.Page 140Current as at [Not applicable]
Division 6Motor Accident
Insurance Act 1994Part 7 Transitional provisions[s
113]Transitional provisions for theMotor Accident Insurance andOther Legislation Amendment Act2010Notauthorised—indicativeonly113Termination of s 96 inducement(1)This section applies to an arrangement
entered into before 1October 2010 between a licensed
insurer, or a person actingfor a licensed
insurer, and another entity (theentity) if
underthe arrangement—(a)a
prohibited inducement is to be given to the entity on orafter1October2010fordirectingCTPinsurancebusinesstothelicensedinsurerbefore,onorafter1October 2010; or(b)aprohibitedinducementhasbeengiventotheentitybefore1October2010fordirectingCTPinsurancebusinesstothelicensedinsureronorafter1October2010.(2)The arrangement is terminated, and is
void and unenforceable,to the extent it makes provision
for—(a)the prohibited inducement; and(b)directing CTP insurance business to
the licensed insurerin return for the prohibited
inducement.(3)No compensation is payable to any
person for the terminationof the arrangement.(4)The following are taken not to be in
breach of the terminatedarrangement—(a)thelicensedinsurer,orpersonactingforthelicensedinsurer,forfailingtogivetheprohibitedinducementmentionedinsubsection (2)(a)totheentityinaccordancewiththeprovisionsoftheterminatedarrangement;(b)theentity,forfailingtodirecttheCTPinsurancebusinesstothelicensedinsurerinreturnfortheCurrent as at [Not applicable]Page
141
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994Part 7
Transitional provisions[s 114]prohibited
inducement mentioned in subsection (1)(a) or(b) in
accordance with the provisions of the terminatedarrangement.(5)If,
before 1 October 2010, the entity has received an amountthatonthecommencementofthissectionbecomesaprohibitedinducementunderaterminatedarrangement,theentity within a reasonable period must repay
the amount to thelicensed insurer, or the person acting for a
licensed insurer,who gave the amount to the entity.(6)If the entity fails to repay an amount
under subsection (5), thelicensedinsurer,orotherpersonentitledtoberepaidtheamount, may recover it as a debt.(7)In this section—arrangementincludes
contract and agreement.prohibitedinducementmeansaninducementofatypementionedinsection 96(1)thegivingorofferingofwhichwouldbeprohibitedundersection 96(1)ifthearrangementwere entered
into on or after 1 October 2010.terminatedarrangementmeansthearrangementtowhichsubsection
(2)appliestotheextentitisterminatedbythesubsection.114Termination of s 97(5) inducement(1)This section applies if—(a)before1October2010,alicensedinsurer,orotherperson acting
for a licensed insurer, offered to give to apersonaninducementtoenterintoorrenewaninsurance policy; and(b)theofferwouldbeprohibitedundersection 97(5)ifmade
on or after 1 October 2010; and(c)the
inducement would, apart from this section, under theprovisions of the arrangement
relatingtotheoffer,begiven on or after 1 October 2010 to
the person to whomthe offer was made.Page 142Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Part 7
Transitional provisions[s 114](2)The
arrangement relating to the offer, to the extent it providesfortheinducement,isterminatedandisvoidandunenforceable.(3)The
licensed insurer, or other person acting for the licensedinsurer,istakennottobeinbreachofthearrangementforfailing to give the inducement to the person
to whom the offerwas made.(4)In
this section—arrangementincludes
contract and agreement.Current as at [Not applicable]Page
143
Notauthorised—indicativeonlyMotor Accident Insurance Act 1994ScheduleSchedulePolicy of insurancesection
23(1)1Extent of insurance cover(1)This policy insures against liability
for personal injury causedby, through or in connection with the
insured motor vehicleanywhere in Australia.(2)This policy extends to liability for
personal injury caused by,through or in connection with a
trailer attached to the insuredmotor vehicle or
that results from the trailer running out ofcontrol after
becoming accidentally detached from the insuredmotor
vehicle.(3)The liability mentioned in subsection
(1) or (2)—(a)isaliabilityforpersonalinjurytowhichtheMotorAccident
Insurance Act 1994applies; andEditor’s
note—See section 5 of the Act.(b)includestheliabilityofatortfeasortomakeacontribution to another tortfeasor who is
also liable forthe personal injury.(4)Thispolicydoesnotinsureaperson(theinjuredperson)against injury, damage or loss—(a)thatarisesindependentlyofanywrongfulactoromission; or(b)to
the extent that the injury loss or damage is attributableto
the injured person’s own wrongful act or omission.2Insured personThepersoninsuredbythispolicyistheowner,driver,passenger or
other person whose wrongful act or omission inrespectoftheinsuredmotorvehiclecausestheinjurytoPage
144Current as at [Not applicable]
Notauthorised—indicativeonlyMotor
Accident Insurance Act 1994Schedulesomeone else and any person who is
vicariously liable for thewrongful act or omission.3Exclusions(1)This
policy does not insure an employer against a liability topay
workers’ compensation.(2)This policy does
not insure an employer against a liability topay damages for
injury to an employee if—(a)the injury
arises from the employer’s failure to provide asafe system of
work for the employee or the employer’sbreach of some
other duty of care to the employee; and(b)neithertheemployernoranotheremployeeoftheemployer was the
driver of the motor vehicle at the timeofthemotorvehicleaccidentoutofwhichtheinjuryarose.(3)Thispolicydoesnotinsureagainstaliabilitytopayexemplary, punitive or aggravated
damages.(4)This policy does not insure against a
liability to pay damagesfor an injury that arises gradually
from a series of incidents.Current as at
[Not applicable]Page 145