2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

Part 1.1 Civil Law (Wrongs) Act 2002 196

Part 1.2 Road Transport (Alcohol and Drugs) Act 1977 198

Part 1.3 Road Transport (Dimensions and Mass) Act 1990 198

Part 1.4 Road Transport (Driver Licensing) Act 1999 198

Part 1.5 Road Transport (General) Act 1999 199

Part 1.6 Road Transport (General) Regulation 2000 201

Part 1.7 Road Transport (Offences) Regulation 2005 203

Part 1.8 Road Transport (Public Passenger Services) Act 2001 205

Part 1.9 Road Transport (Safety and Traffic Management) Act 1999 205

Part 1.10 Road Transport (Vehicle Registration) Act 1999 205

2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

An Act about third-party insurance, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Road Transport (Third-Party Insurance) Act 2007.

Note 1 This Act is part of the road transport legislation. See the Road Transport (General) Act 1999 for various provisions about the administration and enforcement of the road transport legislation generally.

Note 2 Other road transport legislation includes the following:

• Road Transport (Alcohol and Drugs) Act 1977

• Road Transport (Dimensions and Mass) Act 1990

• Road Transport (Driver Licensing) Act 1999

• Road Transport (Public Passenger Services) Act 2001

• Road Transport (Safety and Traffic Management) Act 1999

• Road Transport (Vehicle Registration) Act 1999.

Note 3 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

This Act commences on a day fixed by the Minister by written notice.

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘road transport legislation—see the Road Transport (General) Act 1999, section 6.’ means that the term ‘road transport legislation’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

In this Act:

personal injury means bodily injury and includes—

(a) psychological or psychiatric injury; and

(b) damage to spectacles, contact lenses, dentures, hearing aids, crutches, wheelchairs, artificial limbs and prosthetic devices; and

(c) death.

mental or nervous shock

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

In this Act:

motor accident means an incident that—

(a) involves the use or operation of a motor vehicle; and

(b) causes personal injury to an individual (the injured person); and

(c) happens when—

(i) someone is driving the motor vehicle; or

(ii) someone or something collides with the motor vehicle; or

(iii) someone takes action to avoid colliding with the motor vehicle; or

(iv) the motor vehicle runs out of control.

(1) For this Act:

use, a motor vehicle, includes—

(a) drive, park or stop the vehicle on a road or road related area; and

(b) maintain the vehicle; and

(c) if the vehicle is towing a trailer—use the trailer while attached to the vehicle; and

(d) if the vehicle is a tow truck towing or carrying an uninsured motor vehicle—use or operate the uninsured vehicle being towed or carried; and

(e) anything else prescribed by regulation.

(2) Also, if a trailer being towed by a motor vehicle becomes detached from the vehicle and runs out of control, the use of the vehicle is taken to include the trailer while it is running out of control.

In this Act:

insurance industry deed means a deed that—

(a) is between—

(i) the Territory; and

(ii) the nominal defendant; and

(iii) licensed insurers; and

(b) regulates the conduct of CTP insurance business and matters incidental to—

(i) the conduct of CTP insurance business; and

(ii) the compulsory third-party insurance scheme under this Act.

(1) The insurance industry deed may include provisions for each of the following:

(a) the requirements for licensed insurers to make disclosures and reports to the CTP regulator in accordance with stated standards and requirements;

(b) the apportionment of liability, and sharing of costs, between licensed insurers;

(c) the appointment of a person to arbitrate disputes between 2 or more licensed insurers about a motor accident claim;

(d) the sharing of information between CTP insurers for the mutual benefit of insurers;

(e) the management of motor accident claims under CTP policies;

(f) direction and guidance for licensed insurers about initiating, managing, monitoring and measuring the effectiveness of the provision of rehabilitation services for injured claimants;

(g) regulation, in any other way, of the conduct of CTP insurance business under the compulsory third-party insurance scheme under this Act.

(2) A regulation may prescribe—

(a) what may or must be included in the insurance industry deed; and

(b) anything else about the content of the deed.

In this Act:

CTP insurance business, for a licensed insurer, means any business of the insurer associated with CTP policies.

In this Act:

owner, of a registered motor vehicle, means each of the following people:

(a) a person who is a registered operator of the vehicle, unless the person has—

(i) sold the vehicle or the person’s interest in the vehicle; or

(ii) ceased to have possession of the vehicle;

(b) a person who is a sole or joint owner of the vehicle, unless the person has—

(i) sold the vehicle or the person’s interest in the vehicle; or

(ii) ceased to have possession of the vehicle;

(c) if a registered operator or sole or joint owner of the vehicle has sold the vehicle, or the person’s interest in the vehicle, or ceased to have possession of the vehicle—anyone who solely or jointly, or in common with someone else, is entitled to immediate possession of the vehicle.

In this Act:

owner, of an unregistered motor vehicle, means anyone who solely or jointly, or in common with someone else, is entitled to immediate possession of the vehicle.

For this Act, whether a person has possession, is entitled to possession or has ceased to have possession of a motor vehicle is not affected by a change in possession that happens because of—

(a) any hiring (other than a hiring under a hire-purchase agreement) or lending of the vehicle for not longer than 3 months; or

(b) the passing of possession of the vehicle to a bailee—

(i) for sale or disposal; or

(ii) for alteration, repair, renovation, storing, or a similar purpose not involving the use of the vehicle for the bailee’s benefit.

In this Act:

insured motor vehicle means a motor vehicle insured under a CTP policy.

Note The motor vehicles insured under a CTP policy are mentioned in s 19.

In this Act:

CTP insured person means a person who is insured under a CTP policy.

Note The people insured under a CTP policy are mentioned in s 20.

(1) A person commits an offence if—

(a) the person uses a motor vehicle on a road or road related area; and

(b) the vehicle is not an insured motor vehicle.

Maximum penalty: 50 penalty units.

Note 1 Use, a vehicle, is defined in s 8 and includes provisions about trailers. Road and road related area are defined in the dictionary.

Note 2 Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

(2) This section does not apply to a person who uses a motor vehicle on a road or road related area if the vehicle—

(a) may lawfully be used on the road or road related area although not registered; or

(b) is exempted from this section by regulation.

(3) It is a defence to a prosecution for an offence against this section if the defendant establishes that, at the time the motor vehicle was used on the road or road related area, the defendant believed on reasonable grounds that the vehicle was an insured motor vehicle.

Note A trailer does not have to be separately insured (see s 19, s 60 to s 63).

In this Act:

compulsory third-party policy (or CTP policy) means an insurance policy—

(a) the subject of which is something mentioned in section 19; and

(b) insures someone mentioned in section 20; and

(c) insures against the risk mentioned in section 21; and

(d) does not insure against a risk mentioned in section 22.

A CTP policy has the following subjects:

(a) the motor vehicle that is being registered, or the registration of which is being renewed, when the CTP insurer for the CTP policy is selected under Part 2.3 (Selecting a CTP insurer);

(b) a trailer or anything else that—

(i) is attached to the vehicle; or

(ii) becomes detached from the vehicle and runs out of control;

(c) anything else prescribed by regulation.

A CTP policy insures—

(a) a person who uses an insured motor vehicle; and

(b) anyone else who is vicariously liable for the person’s use of the insured motor vehicle; and

(c) anyone else prescribed by regulation; and

(d) if a person mentioned in paragraph (a), (b) or (c) is dead—the person’s estate.

A CTP policy insures against the risk of liability for personal injury caused by a motor accident.

(1) A CTP policy does not insure against the risk of 1 or more of the following:

(a) liability to pay compensation under the Workers Compensation Act 1951 (or a corresponding law of a State or another Territory);

(b) liability that may be incurred under an agreement unless the liability would have arisen without the agreement;

(c) liability that is attributable to an act that, having regard to the nature of the act and the context in which the act was done, it is reasonable to characterise as an act of terrorism;

(d) liability for personal injury, damage or loss—

(i) that arises independently of a wrongful act or omission; or

(ii) to the extent that the personal injury, loss or damage is attributable to the injured person’s own wrongful act or omission;

(e) liability to pay exemplary, punitive or aggravated damages;

(f) liability to pay damages for a personal injury that arises gradually from a series of incidents;

(g) any other liability prescribed by regulation.

(2) To remove any doubt, a CTP policy does not insure the owner or driver of a motor vehicle if—

(a) the motor vehicle is in an area that is subject to a declaration under the Road Transport (General) Act 1999, section 12 (Power to include or exclude areas in road transport legislation) that has the effect of disapplying this Act; or

(b) the motor vehicle is subject to a declaration under the Road Transport (General) Act 1999, section 13 (Power to exclude vehicles, people or animals from road transport legislation) that has the effect of disapplying this Act; or

(c) the owner or driver is subject to a declaration under the Road Transport (General) Act 1999, section 13 that has the effect of disapplying this Act.

(3) For subsection (1) (c)—

(a) an act cannot be characterised as an act of terrorism unless the act—

(i) causes or threatens to cause death, personal injury or damage to property; and

(ii) is designed to influence a government or intimidate the public or a section of the public; and

(iii) is carried out for the purpose of advancing a political, religious, ideological, ethnic or similar cause; and

(b) a lawful activity or industrial action cannot be characterised as an act of terrorism.

In this Act:

CTP insurer means—

(a) for an insured motor vehicle—the licensed insurer selected under Part 2.3 (Selecting a CTP insurer) as the CTP insurer for the motor vehicle; or

(b) for a CTP insured person—the CTP insurer for the CTP policy under which the person is insured; or

(c) for a CTP policy—the CTP insurer that issued the policy.

A licensed insurer cannot repudiate, or decline to issue or renew, a CTP policy.

(1) A CTP policy under this Act is binding on the CTP insurer for the CTP policy.

(2) The CTP insurer for a CTP policy is, despite any other law, liable to indemnify each CTP insured person for the CTP policy for the liability that the policy purports to cover.

(3) To remove any doubt, the reference to any other law in subsection (1) does not include a reference to—

(a) section 22 (What risks are not covered by a CTP policy?); or

(b) a declaration made under the Road Transport (General) Act 1999—

(i) section 12 (Power to include or exclude areas in road transport legislation); or

(ii) section 13 (Power to exclude vehicles, people or animals from road transport legislation).

(1) A CTP policy for a motor vehicle is not affected by—

(a) a change in ownership of the vehicle; or

(b) the transfer of the registration of the vehicle.

(2) If the road transport authority becomes aware of a change in the ownership or registration details of an insured motor vehicle, the road transport authority must tell the CTP insurer for the motor vehicle about the change.

The validity of a CTP policy is not affected by an error of the road transport authority, or an error of a licensed insurer, in relation to the policy.

If a person applies to the road transport authority for registration of a motor vehicle, the person must also—

(a) select, in a way approved by the road transport authority, a licensed insurer to be the CTP insurer under a CTP policy for the motor vehicle for the period of registration; and

(b) pay to the road transport authority the CTP premium for the CTP policy for the period of registration.

If a registered operator of a registered motor vehicle applies for renewal of registration for the motor vehicle, the registered operator must also—

(a) select, in a way approved by the road transport authority, a licensed insurer to be the CTP insurer under a CTP policy for the motor vehicle for the period of renewed registration; and

(b) pay to the road transport authority the CTP premium for the CTP policy for the period of renewed registration.

In this Act:

registered motor vehicle means a motor vehicle registered under—

(a) the Road Transport (Vehicle Registration) Act 1999; or

(b) the Interstate Road Transport Act 1985 (Cwlth).

If the road transport authority registers, or renews the registration of, a motor vehicle, a CTP policy comes into force for the motor vehicle when the registration, or renewal of registration, takes effect.

A CTP policy for a motor vehicle is in force for the period for which the CTP insurer is on risk under—

(a) section 33 (Insurer on risk—period of registration); or

(b) section 34 (Insurer on risk—period of grace).

(1) The CTP insurer of a motor vehicle is on risk for the period of registration of the motor vehicle.

(2) However, if registration is renewed before the previous period of registration ends—

(a) the old insurer is on risk until the previous period of registration expires; and

(b) the new insurer comes on risk immediately after the previous period of registration expires.

(3) A CTP insurer ceases to be on risk if the CTP policy is cancelled.

(4) In this section:

new insurer means the CTP insurer whose insurance is later in time.

Note The old insurer and the new insurer may be the same insurer or different insurers.

old insurer, in relation to a motor vehicle the registration of which is renewed during the period of grace or later, means the last CTP insurer of the vehicle before renewal.

period of registration means—

(a) the period, not longer than 1 year, for which the registration, or renewed registration, of a motor vehicle is to be in force; or

(b) if the registration, or renewed registration is cancelled or surrendered before the end of that period—the period for which the registration, or renewed registration, is actually in force.

renewal of registration of a motor vehicle includes registration of the vehicle after the previous registration has expired.

(1) If registration of a motor vehicle is renewed during the period of grace—

(a) the old insurer is on risk until midnight on the day registration is renewed; and

(b) the new insurer comes on risk immediately after midnight and is on risk for the period of renewed registration.

Note Period of grace is defined in s (4).

(2) If registration is renewed after the period of grace expires—

(a) the new insurer comes on risk at the time the renewal of registration is effected; and

(b) the motor vehicle is not an insured motor vehicle from the expiry of the previous period of registration until the renewal of registration takes effect.

(3) A CTP insurer ceases to be on risk if the CTP policy is cancelled.

(4) In this section:

new insurer means the CTP insurer whose insurance is later in time.

Note The old insurer and the new insurer may be the same insurer or different insurers.

old insurer, in relation to a motor vehicle the registration of which is renewed during the period of grace or later, means the last CTP insurer of the vehicle before renewal.

period of grace means the 14 days after the registration, or renewal of registration, of a motor vehicle expires.

Note There is no period of grace following the cancellation or surrender of registration or a renewal of registration of a motor vehicle.

period of registration—see section 33 (4).

renewal of registration of a motor vehicle includes registration of the vehicle after the previous registration has expired.

A CTP insurer has no power to cancel a CTP policy.

A CTP policy is cancelled if the registration of the motor vehicle to which the policy relates is cancelled.

In this Act:

CTP premium, for a CTP policy, means the insurance premium approved under this part for the CTP policy.

A licensed insurer may charge a premium for a CTP policy only if the premium is approved under this part.

Note It is a condition of a CTP insurer licence that the licensed insurer must comply with this section (see s 178).

(1) The CTP regulator may make guidelines for premiums for CTP policies (the CTP premium guidelines).

(2) The CTP premium guidelines may—

(a) state how CTP premiums are to be worked out and the factors to be taken into account in working out CTP premiums; and

(b) require licensed insurers to state how they have worked out CTP premiums; and

(c) state the additional information the CTP regulator may require licensed insurers to give to the CTP regulator—

(i) with an application for approval of a premium; or

(ii) to justify CTP premiums they have already given to the CTP regulator for approval.

for estimated investment earnings—the verification of assumptions, estimated profit, capital allocation to CTP insurance business

(3) The CTP premium guidelines are a notifiable instrument.

Note 1 A notifiable instrument must be notified under the Legislation Act.

Note 2 It is a condition of a CTP insurer licence that the licensed insurer must comply with CTP premium guidelines (see s 178).

(1) A licensed insurer must apply to the CTP regulator for approval of premiums the licensed insurer proposes to charge for CTP policies the licensed insurer intends to issue—

(a) after the defined period after the licensed insurer’s premiums were last approved by the CTP regulator; or

(b) if the CTP regulator, by written notice (an approval notice), requires the licensed insurer to apply for the approval.

(2) If a licensed insurer receives an approval notice, the licensed insurer must make the application not later than 4 weeks after the day the licensed insurer receives the approval notice.

Note 1 The CTP premium guidelines may state the additional information the CTP regulator may require licensed insurers to give to the CTP regulator with the application (see s 39).

Note 2 It is a condition of a CTP insurer licence that the licensed insurer must comply with this section (see s 178).

Note 3 If a form is approved under s 266 for this section, the form must be used.

Note 4 A fee may be determined under the Road Transport (General) Act 1999, s 96, for this section.

(3) In this section:

defined period means—

(a) 1 year; or

(b) if the CTP regulator allows a longer period of time—the longer period allowed by the CTP regulator.

(1) If a licensed insurer applies to the CTP regulator for approval of a premium for a CTP policy, the CTP regulator must—

(a) approve the premium; or

(b) reject the premium.

Note Criteria for rejecting the premium are in s 42. The licensed insurer may ask the CTP regulator to reconsider a rejected premium (see s 44).

(2) The CTP regulator must, not later than 6 weeks after the day the CTP regulator receives the application from the licensed insurer—

(a) decide whether to approve or reject the premium; and

(b) tell the licensed insurer—

(i) about the decision; and

(ii) the reasons for the decision.

The CTP regulator may reject a premium for a CTP policy only if the CTP regulator considers that—

(a) the premium will not fully fund the present and likely future liability under this Act of the licensed insurer; or

(b) having regard to actuarial advice and to other relevant financial information available to the CTP regulator, the premium is excessive; or

(c) the premium does not comply with the CTP premium guidelines.

A CTP premium will fully fund the present and likely future liability under this Act of a licensed insurer if the CTP premium is sufficient—

(a) to pay all acquisition and policy administration expenses of the licensed insurer; and

(b) to provide an amount of money that together with anticipated investment income is equal to the best estimate of the cost of motor accident claims plus motor accident claim settlement expenses (in inflated dollars) at the assumed date of settlement; and

(c) to provide a profit margin in excess of all motor accident claims, costs and expenses that represents an adequate return on capital invested and compensation for the risk taken; and

(d) to provide for other matters that a prudent insurer should, in all the circumstances, make provision for.

(1) If the CTP regulator rejects a premium for a CTP policy (the original decision), the licensed insurer may ask the CTP regulator to reconsider the rejected premium.

(2) Until the rejected premium is reconsidered, the CTP regulator may ask an actuary to decide a provisional premium for the CTP policy.

(3) A provisional premium has effect, until the CTP regulator makes a decision under subsection (4) in relation to the original decision, as if the provisional premium were a CTP premium.

(4) The CTP regulator must, not later than 4 weeks after the day the CTP regulator receives the request for reconsideration of the original decision from the licensed insurer—

(a) reconsider the original decision; and

(b) decide whether to approve or reject the premium; and

(c) tell the licensed insurer—

(i) about the decision; and

(ii) the reasons for the decision.

(1) If, under section 44, the CTP regulator again rejects a premium for a CTP policy, the matter must be arbitrated under this section.

(2) The Commercial Arbitration Act 1986 applies to the arbitration, subject to this Act.

(3) The arbitrator for the matter is—

(a) if the CTP regulator and the licensed insurer agree on an arbitrator—the agreed arbitrator; or

(b) if the CTP regulator and the licensed insurer do not agree on an arbitrator—the CTP premium board.

(4) However, if the matter has been arbitrated by an agreed arbitrator for 7 days and the parties cannot reach agreement, the CTP premium board must arbitrate the matter.

(5) The arbitrator may approve a premium for a CTP policy only if the premium is, in the arbitrator’s opinion, sufficient to fully fund the present and likely future liability of the licensed insurer under this Act.

Note 1 Criteria for deciding whether a CTP premium will fully fund the present and likely future liability under this Act of a licensed insurer are in s 43.

Note 2 A decision under this section by an arbitrator is a reviewable decision (see the Road Transport (General) Act 1999, pt 7 and the Road Transport (General) Regulation 2000).

(6) The regulations may make provision for the arbitration of matters.

(1) A licensed insurer must tell the CTP regulator the profit margin on which each CTP premium charged by the licensed insurer is based and the actuarial basis for working out that profit margin.

(2) The CTP regulator must assess—

(a) the profit margin; and

(b) the actuarial basis on which the profit margin is worked out.

(3) The CTP regulator must present a report about the assessments annually to the Legislative Assembly.

The CTP premium board (the CTP premium board) is established.

The CTP premium board has the following functions:

(a) to arbitrate matters about premiums for CTP policies;

(b) any other function prescribed by regulation.

(1) The CTP premium board has the following members:

(a) a chair;

(b) a government representative;

(c) 3 motorist representatives;

(d) 2 CTP insurer representatives.

(2) A person must not hold 2 or more positions mentioned in subsection (1).

(1) The Minister may appoint the members of the CTP premium board.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

(2) The only criteria for deciding whether to appoint a person as a member are—

(a) that the person has the experience or expertise necessary to exercise the functions of a member; and

(b) for the chair—that the person is also a senior lawyer; and

(c) for the government representative, that the person also—

(i) is a public servant; and

(ii) represents the interests of the Territory; and

(d) for a motorist representative—that the person also represents the interests of motorists; and

(e) for a CTP insurer representative—that the person also represents the interests of CTP insurers.

(3) The appointment of a member must be for a term of not longer than 3 years.

(4) The conditions of appointment of a member are the conditions stated in the appointment.

(5) In this section:

Australian legal practitioner—see the Legal Profession Act 2006, section 8.

senior lawyer means a lawyer who—

(a) is an Australian legal practitioner; and

(b) has been an Australian legal practitioner for at least 10 years; and

(c) has practised law in the area of personal injury matters for at least 5 years.

The CTP premium board may appoint a member, other than the chair, as deputy chair for the CTP premium board.

The Minister may end a CTP premium board member’s appointment—

(a) if the member contravenes a territory law; or

(b) for misbehaviour; or

(c) if the member becomes bankrupt or executes a personal insolvency agreement; or

(d) if the member is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or

(e) if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or

(f) if the member exercises the member’s functions other than in accordance with section 53; or

(g) if the member fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member’s functions; or

(h) if the member contravenes section 56 (Disclosure of interests by board members); or

(i) if the member is absent from 3 consecutive meetings of the board, otherwise than on approved leave; or

(j) for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.

Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

In exercising the functions of a CTP premium board member, a member must exercise the degree of honesty, care and diligence required to be exercised by a director of a corporation in relation to the affairs of the corporation.

A CTP premium board member must take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member’s functions.

The agenda for each meeting of the CTP premium board must include an item requiring any material interest in an issue to be considered at the meeting to be disclosed to the meeting.

(1) If a CTP premium board member has a material interest in an issue being considered, or about to be considered, by the CTP premium board, the member must disclose the nature of the interest at a board meeting as soon as practicable after the relevant facts come to the member’s knowledge.

Note Material interest is defined in s (4). The definition of indirect interest in s (4) applies to the definition of material interest.

(2) The disclosure must be recorded in the CTP premium board’s minutes and, unless the board otherwise decides, the member must not—

(a) be present when the board considers the issue; or

(b) take part in a decision of the board on the issue.

Albert, Boris and Chloe are members of a CTP premium board. They have an interest in an issue being considered at a CTP premium board meeting and they disclose the interest as soon as they become aware of it. Albert’s and Boris’s interests are minor but Chloe has a direct financial interest in the issue.

The CTP premium board considers the disclosures and decides that because of the nature of the interests:

• Albert may be present when the board considers the issue but not take part in the decision

• Boris may be present for the consideration and take part in the decision.

The board does not make a decision allowing Chloe to be present or take part in the board’s decision. Accordingly, since Chloe has a material interest she cannot be present for the consideration of the issue or take part in the decision.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) Any other CTP premium board member who also has a material interest in the issue must not be present when the board is considering its decision under subsection (2).

(4) In this section:

associate, of a person, means—

(a) the person’s business partner; or

(b) a close friend of the person; or

(c) a family member of the person.

executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation.

indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue:

(a) an associate of the person;

(b) a corporation if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the corporation;

(c) a subsidiary of a corporation mentioned in paragraph (b);

(d) a corporation if the person, or an associate of the person, is an executive officer of the corporation;

(e) the trustee of a trust if the person, or an associate of the person, is a beneficiary of the trust;

(f) a member of a firm or partnership if the person, or an associate of the person, is a member of the firm or partnership;

(g) someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business.

material interest—a CTP premium board member has a material interest in an issue if the member has—

(a) a direct or indirect financial interest in the issue; or

(b) a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of the issue.

(1) Within 3 months after the day a material interest is disclosed under section 56 (1), the chair of the CTP premium board must report to the Minister in writing about—

(a) the disclosure; and

(b) the nature of the interest disclosed; and

(c) any decision by the board under section 56 (2).

(2) The chair must also give the Minister, not later than 31 days after the end of each financial year, a statement that sets out the information given to the Minister in reports under subsection (1) that relate to disclosures made during the previous financial year.

(3) The Minister must give a copy of the statement to the relevant committee of the Legislative Assembly within 31 days after the day the Minister receives the statement.

(4) In this section:

relevant committee means—

(a) a standing committee of the Legislative Assembly nominated by the Speaker for subsection (3); or

(b) if no nomination under paragraph (a) is in effect—the standing committee of the Legislative Assembly responsible for public accounts.

(1) A CTP premium board member is not civilly liable for anything done or omitted to be done honestly and without recklessness—

(a) in the exercise of a function under a territory law; or

(b) in the reasonable belief that the act or omission was in the exercise of a function under a territory law.

(2) Any liability that would, apart from this section, attach to a CTP premium board member attaches instead to the Territory.

(1) For this Act, ACTIA is the nominal defendant.

(2) Any action or proceeding by or against the nominal defendant must be taken in the name of the ‘nominal defendant’.

(3) In this section:

ACTIA means the Australian Capital Territory Insurance Authority established under the Insurance Authority Act 2005.

(1) For this Act:

uninsured motor vehicle—

(a) means a motor vehicle for which there is no CTP policy in force; and

(b) includes a trailer that—

(i) is attached to an uninsured motor vehicle; or

(ii) runs out of control after becoming accidentally detached from an uninsured motor vehicle; and

(c) includes anything else prescribed by regulation.

(2) To avoid any doubt, it does not matter whether a trailer mentioned in subsection (1) (b) is registered.

(1) This section applies if—

(a) a personal injury is caused by a motor accident; and

(b) at the time of the motor accident, the motor vehicle involved in the motor accident—

(i) had a sufficient connection with the ACT; and

(ii) was an uninsured motor vehicle; and

(c) the motor accident happened anywhere in Australia.

Note 1 Motor accident is defined in s 7.

Personal injury is defined in s 6.

Note 2 The circumstances in which a motor vehicle has a sufficient connection with the ACT may be prescribed by regulation (see s (5)).

(2) The nominal defendant is liable in relation to the personal injury as if—

(a) a CTP policy were in force for the motor vehicle; and

(b) the nominal defendant were the CTP insurer for the CTP policy.

Note CTP policy is defined in s 18.

(3) However, the nominal defendant is not liable in relation to the personal injury—

(a) if—

(i) the motor accident happened on an area that is not a road and is open to or used by the public for driving, riding or parking vehicles; and

(ii) at the time the motor accident happened, the person injured was a trespasser on the land; or

(b) the uninsured motor vehicle is owned by—

(i) the Commonwealth, or an entity representing the Commonwealth; or

(ii) the Territory, or an entity representing the Territory; or

(c) at the time the motor accident happened—

(i) the uninsured motor vehicle was registered under either the law of a place other than the ACT or under a law of the Commonwealth; and

(ii) the uninsured motor vehicle was—

(A) covered under a policy of compulsory third-party insurance; or

(B) subject to coverage under a compulsory motor vehicle or trailer accident compensation scheme of that place or of the Commonwealth; or

(d) a regulation prescribes that, in the circumstances, the nominal defendant is not liable in relation to the personal injury.

Note The nominal defendant is also not liable for the risks mentioned in s 22.

(4) In this section:

motor vehicle means a motor vehicle that—

(a) is exempt from registration; or

(b) if not exempt from registration—must be registered to allow its lawful use or operation on a road or road related area in the ACT and—

(i) was at the time of manufacture capable of registration; or

(ii) was at the time of manufacture, with minor adjustments, capable of registration; or

(iii) was previously capable of registration but is no longer capable of registration because the motor vehicle is in disrepair.

(5) A regulation may prescribe the circumstances in which a motor vehicle has a sufficient connection with the ACT.

(1) In this Act:

unidentified motor vehicle—

(a) means a motor vehicle that cannot be identified after reasonable inquiry and search; and

(b) includes a trailer that—

(i) is attached to an unidentified motor vehicle; or

(ii) runs out of control after becoming accidentally detached from an unidentified motor vehicle; and

(c) includes anything else prescribed by regulation.

(2) To avoid any doubt, it does not matter whether a trailer mentioned in subsection (1) (b) is registered.

(3) The inquiry or search may be proved orally or by affidavit of the person who made the inquiry or search.

Note 1 The claimant must prove that reasonable inquiry or search has been carried out before the nominal defendant may be added as a later respondent (see s 83).

Note 2 The respondent must prove that reasonable inquiry or search has been carried out before the nominal defendant may be added as a contributor (see s 85).

(1) This section applies if—

(a) a personal injury is caused by a motor accident; and

(b) the motor vehicle involved in the motor accident is an unidentified motor vehicle; and

(c) the motor accident happened in the ACT.

Note Motor accident is defined in s 7.

Personal injury is defined in s 6.

(2) The nominal defendant is liable in relation to the personal injury as if—

(a) a CTP policy were in force for the motor vehicle; and

(b) the nominal defendant were the CTP insurer for the CTP policy.

Note CTP policy is defined in s 18.

(3) However, the nominal defendant is not liable in relation to the personal injury if—

(a) the motor accident happened on an area that is not a road and is open to or used by the public for driving, riding or parking vehicles; and

(b) at the time the motor accident happened, the person injured was a trespasser on the land.

Note 1 The area described in par (a) is a road related area (see dict, def road related area par (a) (iv)).

Note 2 The nominal defendant is also not liable for the risks mentioned in s 22.

(1) If a motor accident claim is made against the nominal defendant, the nominal defendant may deal with the motor accident claim, and any proceeding relating to the motor accident claim, in the way the nominal defendant considers appropriate including—

(a) settling or compromising the motor accident claim; and

(b) bringing and prosecuting a proceeding under this Act for the motor accident claim and settling or compromising the proceeding.

• s 166 (Insurer may recover costs if motor vehicle defective)

• s 167 (Insurer may recover costs if fraud)

• s 168 (Nominal defendant may recover costs from owner or driver)

• s 233 (Nominal defendant may recover from insolvent insurer).

(2) The nominal defendant must give the CTP regulator the reports that the CTP regulator reasonably requires about anything done by the nominal defendant under this section.

(1) The nominal defendant is not personally liable to pay—

(a) an amount payable in satisfaction of a motor accident claim made, or judgment obtained, under—

(i) section 61 (Nominal defendant liable—uninsured motor vehicle); or

(ii) section 63 (Nominal defendant liable—unidentified motor vehicle); or

(b) the amount of any costs or expenses incurred by the nominal defendant for the motor accident claim or judgment.

(2) The nominal defendant must pay the amounts out of the nominal defendant fund.

Note The nominal defendant fund is established under s 66.

(1) The CTP regulator must establish a fund (the nominal defendant fund).

(2) The following must be paid into the nominal defendant fund:

(a) any penalties or penalty interest imposed under this Act;

(b) amounts collected under section 67;

(c) the interest from time to time accruing from the investment of the nominal defendant fund;

(d) amounts recovered by the nominal defendant under this Act;

• s 166 (Insurer may recover costs if motor vehicle defective)

• s 167 (Insurer may recover costs if fraud)

• s 168 (Nominal defendant may recover costs from owner or driver)

• s 233 (Nominal defendant may recover from insolvent insurer).

(e) amounts required to be paid into the nominal defendant fund under this or another Act.

(3) The following must be paid from the nominal defendant fund:

(a) amounts required to be paid from the fund under section 65 (Nominal defendant to pay motor accident claims from nominal defendant fund);

(b) all other amounts required to be paid from the fund under this or another Act.

(4) The CTP regulator may invest money in the nominal defendant fund which is not immediately required for the fund—

(a) in any way that the Treasurer is authorised to invest money under the Financial Management Act 1996; or

(b) in any other way approved by the Minister and the Treasurer.

(1) The CTP regulator must, each financial year, collect an amount for the nominal defendant fund—

(a) from the people and funds prescribed by regulation; and

(b) in accordance with the arrangements prescribed by regulation.

(2) The CTP regulator may decide the amount to be collected for a financial year.

(3) The CTP regulator must not decide an amount for a financial year if the CTP regulator considers that satisfactory arrangements have been made for that year (under the insurance industry deed or otherwise) by licensed insurers to meet motor accident claims made against the nominal defendant.

Note The insurance industry deed is dealt with in s 9.

In this chapter:

complying notice of claim means a notice of claim, under section 76 (Notice of claim) or section 83 (Claimant may add later respondents), that is given as required under this part.

Note In some circumstances a claimant is taken to have given a respondent a complying notice of claim (see s 87).

compulsory conference—see section 130.

contribution notice—see section 85.

contributor, for a motor accident claim—see section 85.

court, for a motor accident claim, means—

(a) if a proceeding based on a motor accident claim has been started—the court hearing the proceeding; or

(b) if no proceeding based on the motor accident claim has been started—a court with jurisdiction to hear the motor accident claim.

insurer, for a motor accident claim—see section 73.

mandatory final offer—see section 135.

medical treatment means—

(a) an examination, test or analysis, conducted by or under the direction, or at the request, of a doctor to diagnose an injury; or

(b) medical or surgical treatment by a doctor; or

(c) dental treatment by a dentist or a dental prosthetist; or

(d) chiropractic treatment by a chiropractor; or

(e) treatment by a psychologist; or

(f) therapeutic treatment by a masseur, osteopath, physiotherapist, remedial kinesiologist or speech therapist; or

(g) therapeutic treatment given on referral by a doctor or dentist; or

(h) the taking of x-rays; or

(i) the provision, repair or replacement of contact lenses, crutches, prostheses, spectacles or other artificial aids; or

(j) a consultation, examination, therapeutic treatment or other service reasonably rendered in relation to a treatment mentioned in paragraph (c), (d), (f), (g), (h) or (i); or

(k) treatment and maintenance as a patient at a hospital; or

(l) the provision of nursing attendance, medicines, medical and surgical supplies and curative apparatus in a hospital or otherwise.

notice of claim, for a motor accident claim—see section 76.

party, for a motor accident claim, means a claimant, respondent or contributor.

response, for a motor accident claim—see section 82.

respondents’ claim manager, for a motor accident claim—see section 84.

Note Claimant, for a motor accident claim, is defined in s 70.

Motor accident is defined in s 7.

Motor accident claim is defined in s 69.

Respondent, for a motor accident claim, is defined in s 71.

In this Act:

motor accident claim, for a motor accident—

(a) means a claim for damages for personal injury caused by the motor accident; and

(b) includes, for a fatal injury, a claim by the dead person’s dependants or estate.

In this Act:

claimant, for a motor accident claim, means—

(a) a person who makes, or is entitled to make, the motor accident claim; or

(b) in relation to rehabilitation, medical treatment or loss suffered—the injured person to whom the claim relates.

In this chapter:

respondent, for a motor accident claim—

(a) means a person against whom a claimant makes a motor accident claim; and

(b) includes—

(i) if the person mentioned in paragraph (a) is not the insurer for the motor accident claim—the insurer for the motor accident claim; and

(ii) a later respondent.

Note 1 Insurer, for a motor accident claim, is defined in s 73.

Later respondent, for a motor accident claim, is defined in s 83.

Note 2 If a claimant brings a court proceeding based on a motor accident claim and the respondent is an insured person or an insurer, the claimant may need to bring the proceeding against the insured person and the insurer as joint defendants (see s 145).

In this Act:

insured person, for a motor accident claim, means—

(a) a CTP insured person; or

(b) a person for whose acts and omissions the nominal defendant is liable under section 61 (Nominal defendant liable—uninsured motor vehicle).

Note CTP insured person is defined in s 16.

In this Act:

insurer, of a person, for a motor accident claim means—

(a) if the person is a CTP insured person—the CTP insurer for the person; or

(b) if the person is not a CTP insured person—the nominal defendant.

insurer, of a motor vehicle, for a motor accident claim means, if the motor vehicle is—

(a) an insured motor vehicle—the CTP insurer for the motor vehicle; or

(b) an uninsured motor vehicle—the nominal defendant; or

(c) an unidentified motor vehicle—the nominal defendant.

(1) An insured person must not, without the written agreement of the person’s insurer—

(a) admit liability in relation to a motor accident claim; or

(b) settle, or offer to settle, a motor accident claim; or

(c) make a payment, or offer or promise to make a payment, in relation to a motor accident claim.

(2) A contract, offer or promise made in contravention of this section does not bind the insurer.

(3) This section does not prevent an insured person from providing a police officer with information reasonably required to prepare a report about a motor accident.

(4) An insured person who contravenes this section does not incur civil liability to an insurer.

(1) If a motor accident claim is made against an insured person, the person’s insurer—

(a) must carry out the negotiations and legal proceedings related to the motor accident claim; and

(b) may compromise or settle the motor accident claim and legal proceedings related to the motor accident claim; and

(c) may act for the insured person in any other way for the motor accident claim.

(2) The insured person must sign any documents necessary to give effect to this section and, if the insured person does not sign or is dead, absent or cannot be found, the insurer may sign for the insured person.

(3) Nothing said or done by an insurer in relation to a motor accident claim, or legal proceedings related to a motor accident claim, is an admission of liability in, or otherwise prejudices or affects, another claim or proceedings arising out of the same circumstances.

Costs may be awarded against a party who does not comply with this part (see s 91 and s 92).

The court may order a party to comply with a duty imposed under this part (see s 107).

(1) Before a claimant for a motor accident claim brings a court proceeding based on the claim against a respondent for the claim, the claimant must give the respondent written notice of the claim (the notice of claim).

Note 1 A proceeding must be brought before the end of the relevant limitation period under the Limitation Act 1985.

Note 2 If a form is approved under s 266 for a notice of claim, the form must be used.

(2) The notice of claim must—

(a) contain a statement of the information prescribed by regulation; and

(b) authorise each respondent for the motor accident claim to have access to the records and sources of information relevant to the claim that are prescribed by regulation; and

(c) be accompanied by any documents prescribed by regulation.

(3) If the claimant is a child, the claimant’s parent or legal guardian may give the notice of claim for the claimant.

Note For other procedures for a claim for a personal injury suffered by a child, see the Limitation Act 1985, s 30A (Special provision for injuries to children).

(1) This section applies if the insurer for a motor accident claim is the CTP insurer for the motor vehicle for the claim.

(2) The notice of claim must be given under section 76 not later than the earlier of the following days:

(a) the day that is 9 months after—

(i) the day the motor accident for the motor accident claim happened; or

(ii) if symptoms of the personal injury caused by the motor accident are not immediately apparent—the day symptoms of the personal injury first appear;

(b) the day that is 1 month after the later of the following days:

(i) the day the claimant first instructs a lawyer to provide advice about seeking damages for the personal injury;

(ii) the day the respondent is identified.

Note However, the time for giving a notice of claim for a claimant with a legal disability begins on the day after the day the claimant’s legal disability ends (see s 90).

(3) If the claimant does not give the notice of claim as required in subsection (2), a reasonable excuse for the delay must be given in the notice or by separate written notice to the respondent.

(4) Without limiting subsection (3), an excuse is reasonable if the excuse is prescribed by regulation.

(1) This section applies if the insurer for the motor accident claim is the nominal defendant.

(2) The notice of claim must be given under section 76 not later than 3 months after the day the motor accident for the motor accident claim happened.

Note However, the time for giving a notice of claim for a claimant with a legal disability begins on the day after the day the claimant’s legal disability ends (see s 90).

(3) If the claimant does not give the notice of claim as required in subsection (2), the motor accident claim is barred.

Note In addition, the nominal defendant cannot waive compliance with the time limit and the court cannot give leave to bring a proceeding despite noncompliance with the time limit (see s 88).

(1) If a respondent knows of anyone else (a relevant person) against whom the claimant may be able to begin a proceeding based on the motor accident claim, the respondent must, not later than 7 days after the day the respondent receives the notice of claim—

(a) give a copy of the notice of claim to the relevant person; and

(b) tell the claimant in writing about the relevant person, including a short written explanation of why the respondent believes that the person may be a relevant person.

(2) If the respondent is a child, the respondent’s parent or legal guardian may comply with subsection (1) for the respondent.

(1) A respondent must, in writing not later than 1 month after the day the respondent receives a notice of claim under section 76—

(a) respond to the claimant under section 82; or

(b) if the respondent cannot decide, on the information in the notice, whether the respondent is properly a respondent for the claim—give the claimant a written notice about the further information the respondent reasonably needs to make that decision; or

(c) if the respondent believes that he or she is not properly a respondent for the claim—give the claimant a written notice to that effect, indicating—

(i) the reasons for the belief; and

(ii) any information the respondent has that may help the claimant identify someone who may be a respondent for the claim.

(2) A claimant given a written notice under subsection (1) (b) must, not later than 1 month after the day the claimant is given the notice—

(a) give the respondent the further information indicated in the notice; or

(b) tell the respondent, in writing, that the claimant—

(i) considers the respondent to be properly a respondent for the claim; and

(ii) requires the respondent to respond to the claimant under section 82.

(3) Not later than 1 month after the day the respondent is given the information under subsection (2) (a), the respondent must, having regard to the information—

(a) respond to the claimant under section 82; or

(b) if the respondent believes that he or she is not properly a respondent for the claim, give the claimant a written notice to that effect, indicating—

(i) the reasons for the belief; and

(ii) any information the respondent has that may help the claimant identify someone who may be a respondent for the claim.

(4) If the claimant is given notice under subsection (1) (c) or subsection (3) (b) that the respondent is not properly a respondent for the motor accident claim, the claimant must, not later than 1 month after the day the claimant is given the notice, tell the respondent, in writing, that the claimant—

(a) accepts that the respondent is not properly a respondent for the claim; or

(b) considers the respondent to be properly a respondent for the claim and requires the respondent to respond to the claimant under section 82.

(5) Acknowledgement given to the respondent under subsection (4) (a) does not prevent the claimant from later giving the respondent another notice of claim under section 76.

(1) This section applies if a respondent acknowledges that he or she is properly a respondent for a motor accident claim.

(2) The respondent is not taken to have admitted liability only because of making the acknowledgment.

(1) This section applies if a respondent—

(a) considers the respondent to be properly a respondent for a motor accident claim; or

(b) is told under section 80 (2) (b) or section 80 (4) (b) (Preliminary response to claimant) that the claimant considers the respondent is properly a respondent for a motor accident claim.

(2) The respondent must, not later than the required day, give the claimant a written notice (a response)—

Note Required day—see s (5).

(a) stating whether the respondent is satisfied that the notice of claim is a complying notice of claim; and

(b) if the respondent is not satisfied that the notice of claim is a complying notice of claim—identifying the noncompliance and stating whether the respondent waives compliance; and

(c) if the respondent does not waive compliance—allowing the claimant a reasonable period, of at least 1 month, stated in the response to—

(i) satisfy the respondent that the notice of claim is a complying notice of claim; or

(ii) take reasonable action stated in the response to remedy the noncompliance; and

(d) stating whether the insurer for the motor accident claim is prepared (without admitting liability) to meet the reasonable and appropriate costs of the claimant’s rehabilitation.

(3) If the respondent does not give a response by the required day, the respondent is conclusively presumed to be satisfied that the notice of claim is a complying notice of claim.

(4) If subsection (2) (c) applies, the respondent must, not later than 1 month after the day the period stated in the response ends, give the claimant a written notice stating that the respondent—

(a) is satisfied the notice of claim is a complying notice of claim requirements, is satisfied with the action taken by the claimant to remedy the noncompliance, or waives the noncompliance; or

(b) is not satisfied that the claimant has taken reasonable action to remedy the noncompliance, and giving full particulars of the noncompliance and the claimant’s failure to remedy it.

(5) In this section:

required day means—

(a) if the respondent responds directly to the claimant under this section as mentioned in section 80 (1) (a)—the day applying under section 80 (1); and

(b) in any other case—the later of the following:

(i) if the respondent gives notice to the claimant under section 80 (3) (a)—1 month after the day the respondent is given the further information under section 80 (2) (a);

(ii) if the claimant tells the respondent under section 80 (2) (b) or section 80 (4) (b) that the claimant considers the respondent is properly a respondent for the motor accident claim—1 month after the day the claimant tells the respondent under that paragraph.

(1) After a claimant has given a notice of claim to a respondent, the claimant may add someone else as a respondent for the motor accident claim (a later respondent) by giving the later respondent—

(a) the notice of claim; and

(b) copies of other documents given to, or received from, other respondents under this part.

(2) However, the claimant may only add a later respondent—

(a) not later than the day prescribed by regulation; or

(b) later than the day prescribed for paragraph (a) if—

(i) the later respondent and all parties for the motor accident claim agree; or

(ii) the court gives leave.

(3) Also, the claimant may add the nominal defendant as a later respondent in relation to a motor accident claim for a motor accident involving an unidentified motor vehicle only if the claimant has made reasonable inquiry and search for the identity of the motor vehicle.

(4) The inquiry or search may be proved orally or by affidavit by the person who made the inquiry or search.

(5) If the claimant adds a later respondent under this section—

(a) the later respondent must respond to the notice of claim as if the notice were given under section 76; and

(b) the claimant must, in writing, tell each other respondent of the addition not later than the day prescribed by regulation.

(1) If there are 2 or more respondents for a motor accident claim, 1 of the respondents (the respondents’ claim manager) must act for all of the respondents under this chapter.

(a) by agreement between the respondents; or

(b) if the respondents cannot agree within 2 months after the day the claimant first gave, or is taken to have given, a respondent for the motor accident claim a complying notice of claim—under the industry deed.

(3) Until the respondents’ claim manager is decided under subsection (2), the respondent to which the notice of claim is first given under section 76 is the respondents’ claim manager.

(4) The respondents’ claim manager—

(a) may exercise the functions given under this part in relation to the motor accident claim and the claimant for all the respondents; and

(b) must act, as far as practicable, with the agreement of all the respondents.

(5) Action taken, or an agreement made, by the respondents’ claim manager in relation to the motor accident claim is binding on each respondent as far as it affects the claimant.

(6) However, if the respondents’ claim manager acts beyond the scope of the manager’s authority, the manager is liable to each other respondent for any loss suffered by the other respondent.

(1) A respondent who receives a complying notice of claim may, not later than the day prescribed by regulation, add someone else as a contributor (the contributor) for the motor accident claim by giving the person a written notice (a contribution notice)—

(a) claiming an indemnity from, or contribution towards, the respondent’s liability; and

(b) stating the grounds on which the respondent holds the person liable; and

(c) stating any other information prescribed by regulation; and

(d) accompanied by copies of documents about the motor accident claim given to, or received from, other parties under this chapter.

(2) However, the respondent may add a contributor after the day prescribed under subsection (1) only if—

(a) the contributor and all parties for the motor accident claim agree; or

(b) the court gives leave.

(3) Also, if the respondent proposes to add the nominal defendant as a contributor because the motor accident for the motor accident claim involved an unidentified motor vehicle, the respondent may add the nominal defendant only if the respondent has made reasonable inquiry and search for the identity of the motor vehicle.

(4) The inquiry or search may be proved orally or by affidavit of the person who made the inquiry or search.

(5) If the respondent adds a contributor under this section, the respondent must give a copy of the contribution notice to each other party not later than the day prescribed by regulation.

(1) A contributor must, not later than 1 month after the day the contributor receives a contribution notice, give the respondent who gave the contribution notice a written response (the contributor’s response)—

(a) containing a statement of the information prescribed by regulation; and

(b) accompanied by the documents (if any) prescribed by regulation.

(2) The contributor’s response must also state—

(a) whether the claim for the contribution or indemnity claimed in the contribution notice is admitted, denied or admitted in part; and

(b) if the claim for the contribution or indemnity is admitted in part—the extent to which the claim is admitted.

(3) An admission of liability in the contributor’s response is not binding on the contributor—

(a) for another claim; or

(b) at all if it later appears the admission was induced by fraud.

(4) If the respondent requires information provided by a contributor under this section to be verified by statutory declaration, the contributor must verify the information by statutory declaration.

(1) This section applies if the claimant for a motor accident claim gives a respondent for the claim a notice of claim that is not a complying notice of claim.

Note Complying notice of claim is defined in s 68.

(2) The claimant is taken to have given the respondent a complying notice of claim if—

(a) the respondent has told the claimant, in writing—

(i) under section 82 (2) (a) or section 82 (4) (a) (Response to notice of claim), that the respondent is satisfied that the notice of claim is a complying notice of claim; or

(ii) under section 82 (2) (b) or section 82 (4) (a) that the respondent waives any noncompliance; or

(iii) under section 82 (4) (a), that the respondent is satisfied with the action the claimant has taken to remedy the noncompliance; or

(b) the respondent has not responded to the claimant as required and is conclusively presumed, under section 82 (3), to be satisfied the notice is a complying notice of claim; or

(c) the court, by order, on application by the claimant—

(i) declares that the claimant has remedied the noncompliance; or

(ii) authorises the claimant to proceed further with the motor accident claim despite the noncompliance.

(3) However, if a motor accident claim against the nominal defendant is barred under section 78 (Time for giving notice of claim—nominal defendant)—

(a) the nominal defendant must not waive compliance with the 3-month time limit for giving the notice of claim; and

(b) the court cannot authorise the claimant to proceed further with the motor accident claim despite the noncompliance with the 3-month time limit for giving the notice of claim.

(4) An order of the court under subsection (2) (c) may be made on the conditions that the court considers necessary or appropriate to minimise prejudice to a respondent because of the claimant’s noncompliance.

(5) The claimant is taken to have given, and the respondent is taken to have received, the complying notice of claim, on the day—

(a) for subsection (2) (a)—the respondent tells the claimant, in writing; or

(b) for subsection (2) (b)—that is the required day under section 82 for the presumption; or

(c) for subsection (2) (c)—the court makes the declaration or gives the authorisation.

(1) This section applies if the claimant for a motor accident claim—

(a) does not give the respondent for the motor accident claim a complying notice of claim; or

(b) is not taken to have given the respondent for the motor accident claim a complying notice of claim.

Note The circumstances in which a claimant is taken to have given a respondent a complying notice of claim are in s 87.

(2) The claimant cannot proceed with the motor accident claim.

(1) A respondent must, not later than 6 months after the day the respondent receives, or is taken to have received, a complying notice of claim for a motor accident claim—

(a) take any reasonable steps necessary to find out about the motor accident for the motor accident claim; and

(b) tell the claimant, in writing—

(i) whether liability is admitted or denied; and

(ii) if contributory negligence is claimed—the degree of the contributory negligence expressed as a percentage; and

(c) if the claimant—

(i) made an offer of settlement in the notice of claim—tell the claimant whether the respondent accepts or rejects the offer; or

(ii) did not make an offer of settlement in the notice of claim—invite the claimant to make a written offer of settlement; and

(d) make a fair and reasonable estimate of the damages to which the claimant would be entitled in a proceeding for the motor accident claim against the respondent; and

(e) either—

(i) make a written offer, or counteroffer, of settlement to the claimant setting out in detail the basis on which the offer, or counteroffer, is made; or

(ii) settle the motor accident claim by accepting an offer made by the claimant.

(2) An offer, or counteroffer, of settlement must be accompanied by a copy of medical reports, assessments of cognitive, functional or vocational capacity and all other material, including documents relevant to assessing economic loss, in the offerer’s possession or control that may help the person to whom the offer is made make a proper assessment of the offer.

(3) A respondent or claimant to whom a written offer, or counteroffer, of settlement is made must, unless a response to the offer is to be made under subsection (1) (c), respond in writing to the offer not later than 3 months after the day the respondent or claimant receives the offer, indicating acceptance or rejection of the offer.

(4) An admission of liability by a respondent under this section is not binding on the respondent—

(a) in relation to another claim; and

(b) at all if it later appears the admission was induced by fraud.

Note If a respondent admits liability for a motor accident claim, the respondent may be obliged to pay for the injured person’s medical expenses and rehabilitation services (see pt 3.6).

(1) A claimant is not required to comply with an obligation under this chapter while the claimant is under a legal disability.

Note If the claimant is a child, under s 76 (3) a parent or guardian of the child may give the notice of claim for the child.

(2) However, the period not later than which the obligation must be complied with begins when the claimant’s legal disability ends.

(3) This chapter applies to the claimant as if—

(a) a reference to the day the motor accident for the motor accident claim happened were a reference to the day the claimant’s legal disability ends; and

(b) all other changes were made to give effect to this section.

(4) This section does not prevent a claimant, or a person acting for a claimant, from complying with an obligation under this part while the claimant is under a legal disability.

(5) In this section:

legal disability—a claimant is under a legal disability in the circumstances in which a person is under a disability for the Limitation Act 1985.

Note The Limitation Act 1985, dict, defines under a disability—a person is under a disability—

(a) while the person is under 18 years old; or

(b) while the person is, for a continuous period of 28 days or longer, incapable of, or substantially impeded in, the management of his or her affairs in relation to the cause of proceeding in relation to the limitation period for which the question of disability arises because of—

If a claimant does not comply with the requirements of this part, a court in which the claimant begins a proceeding based on the motor accident claim—

(a) may, on a respondent’s application in the proceeding, award in the respondent’s favour costs (including legal and investigation costs) reasonably incurred by the respondent because of the claimant’s noncompliance; and

(b) may only award interest in the claimant’s favour for a period for which the claimant was in noncompliance if the court is satisfied there is a reasonable excuse for the noncompliance.

If a respondent does not comply with the requirements of this part, a court in which the respondent defends a proceeding based on the motor accident claim may, on a claimant’s application in the proceeding, award in the claimant’s favour costs (including legal and investigation costs) reasonably incurred by the claimant because of the respondent’s noncompliance.

The court may order a party to comply with a duty imposed under this part (see s 107).

The purpose of this part is to put the parties for a motor accident claim in a position where they have enough information to assess liability and quantum for the motor accident claim.

In this part:

required document—each of the following is a required document for a motor accident claim:

(a) a report, or other document, about the motor accident for the motor accident claim;

(b) a report about the claimant’s medical condition or prospects of rehabilitation;

(c) a report about the claimant’s cognitive, functional or vocational capacity.

In this part:

relevant claim information, for a motor accident claim, means information about the following things:

(a) the nature of the personal injury caused by the motor accident and any consequent disabilities;

(b) any medical treatment and rehabilitation services the claimant has sought or obtained for the personal injury;

(c) the claimant’s medical history, to the extent that it is relevant to the motor accident claim;

(d) any other claims for damages for personal injury made by the claimant;

(e) the claimant’s claim for past and future economic loss;

(f) any claim for gratuitous services consequent on the claimant’s personal injury.

(1) A claimant for a motor accident claim must give a respondent for the motor accident claim—

(a) a copy of each required document that is in the claimant’s possession; and

(b) if the respondent asks the claimant for the following information—the following information:

(i) the circumstances of, or the reasons for, the motor accident for the motor accident claim;

(ii) relevant claim information.

(2) The claimant must give the copies mentioned in subsection (1) (a) to the respondent—

(a) not later than 1 month after the day the claimant gave, or is taken to have given, the respondent a complying notice of claim; or

(b) if a required document comes into the claimant’s possession later—not later than 7 days after the day the required document comes into the claimant’s possession.

(3) The claimant must respond to a request under subsection (1) (b) not later than 1 month after the day the claimant receives the request.

(4) If a respondent requires information given by a claimant under this section to be verified by statutory declaration, the claimant must verify the information by statutory declaration.

(5) If a claimant fails, without reasonable excuse, to comply fully with this section, the claimant is liable for costs to the respondent resulting from the failure.

Note The claimant may not need to give a document or information under this section if the document or information is protected by client legal privilege (see s 101).

(1) A respondent for a motor accident claim must give the claimant for the motor accident claim—

(a) a copy of each required document that is—

(i) in the respondent’s possession; and

(ii) directly relevant to a matter in issue in the motor accident claim; and

(b) if the claimant asks the respondent for any of the following information—the following information:

(i) if the information is in the respondent’s possession—the circumstances of, or the reasons for, the motor accident for the motor accident claim; or

(ii) if the respondent is the insurer for the motor accident claim—information that can be found out from the insured person about the circumstances of, or the reasons for, the motor accident for the motor accident claim.

(2) The respondent must give the copies mentioned in subsection (1) (a)—

(a) not later than 1 month after the day the respondent received, or is taken to have received, the claimant’s complying notice of claim; or

(b) if a required document comes into the respondent’s possession later—not later than 7 days after the day the required document comes into the respondent’s possession.

(3) The respondent must respond to a request under subsection (1) (b) not later than 1 month after the day the respondent receives the request.

(4) If a claimant requires information given by a respondent under this section to be verified by statutory declaration, the respondent must verify the information by statutory declaration.

(5) If a respondent fails, without proper reason, to comply fully with this section, the respondent is liable for costs to the claimant resulting from the failure.

Note 1 Section 100 applies if there would be more than 200 pages of copies.

Note 2 The respondent may not need to give a document or information under this section if the document or information is protected by client legal privilege (see s 101).

Note 3 The respondent may not need to give a document or information under this section if the respondent suspects the claimant of fraud (see s 103).

(1) A respondent for a motor accident claim must give a contributor added by the respondent a copy of—

(a) each required document that is in the respondent’s possession; and

(b) any relevant claim information that is in the respondent’s possession.

(2) The respondent must give the copies—

(a) not later than 1 month after the day the respondent gives a contribution notice to the contributor; or

(b) if a required document or relevant claim information comes into the respondent’s possession later—not later than 7 days after the day the document or information comes into the respondent’s possession.

Note 1 Section 100 applies if there would be more than 200 pages of copies.

Note 2 The respondent may not need to give a document or information under this section if the document or information is protected by client legal privilege (see s 101).

(1) A contributor added by a respondent for a motor accident claim must give the respondent a copy of each required document that is in the contributor’s possession.

(2) The contributor must give the copies—

(a) not later than 1 month after the day the contributor is added as a contributor; or

(b) if a required document comes into the respondent’s possession later—not later than 7 days after the day the required document comes into the respondent’s possession.

Note 1 Section 100 applies if there would be more than 200 pages of copies.

Note 2 The contributor may not need to give a document or information under this section if the document or information is protected by client legal privilege (see s 101).

(1) In this section:

relevant section means any of the following sections:

(a) section 97 (Respondent to give documents and information to claimant);

(b) section 98 (Respondent to give documents and information to contributor);

(c) section 99 (Contributor to give documents to respondent).

(2) This section applies if—

(a) a relevant section requires a person (the disclosing person) to give copies of reports or other documents or information (relevant material) to someone else; and

(b) the total number of pages of the copies exceeds 200 pages.

(3) Not later than the day the disclosing person would, apart from this section, be required to give relevant material to someone else under the relevant section, the disclosing person need only offer the other person a reasonable opportunity to inspect the material.

(4) If the other person, whether on inspection or otherwise, by written notice given to the disclosing person, requires the disclosing person to give the other person copies of some or all of the relevant material, the disclosing person must comply with the requirement not later than—

(a) if the total number of pages does not exceed 200—1 month after the day the requirement is made; or

(b) in any other case—1 month after the day the other person pays 50 cents for each page by which the total number of pages exceeds 200 pages.

Note If, under a provision of an Act or statutory instrument, an act must be done, the obligation to do the act continues until it is done (see Legislation Act, s 152).

(1) A party is not obliged to give a document or information to another party under this part if the document or information is protected by client legal privilege.

(2) However, an investigative report, medical report or report relevant to the claimant’s rehabilitation must be given even though otherwise protected by client legal privilege.

(3) A regulation may prescribe exceptions to subsection (2).

(4) If a report mentioned in subsection (2) must be given, the report may be given with the omission of passages containing only statements of opinion.

(5) In this section:

investigative reports does not include a document prepared for an application for, an opinion on or a decision about indemnity against the motor accident claim from the Territory.

A party is not obliged to give a document or information to another party under this part if the document or information is already in the other party’s possession.

(1) If a party has reasonable grounds to suspect another party of fraud, the party may apply to the court for approval to withhold from disclosure under this part documents or information that—

(a) would alert the other party to the suspicion; or

(b) could help further the fraud.

(2) The application may be made without notice to the other party.

(3) If the court gives approval on application under subsection (1), the party may withhold from disclosure the documents or information in accordance with the approval.

A person commits an offence if the person—

(a) is a party for a motor accident claim; and

(b) is obliged to give a document or information under this part; and

(c) does not give the document or information in the way required under this part.

Maximum penalty: 100 penalty units.

Note 1 Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

Note 2 This section does not apply if—

• the person is not obliged to give the document or information under s 101 or s 102; or

• under s 103, the court has given approval for the party to withhold from disclosure the documents or information.

(1) This section applies if a party for a motor accident claim fails to comply with a provision of this part requiring the party to disclose a document or information to another party.

(2) The document or information cannot be used by the party in a later court proceeding based on the motor accident claim, or the deciding of the claim, unless the court orders otherwise.

(3) If the document or information comes to the other party’s knowledge, the document or information may be used by the other party.

The documents and information given under this part are protected by the same privileges as if disclosed in a proceeding in the Supreme Court.

In addition to this part, costs may be awarded against a party who does not comply with pt 3.2 (see s 91 and s 92).

In addition to this part, if a claimant fails to comply with s 96, the claimant may liable for costs to the respondent.

In addition to this part, if a respondent fails to comply with s 97, the respondent may be liable for costs to the claimant.

(1) This section applies if a party (the first party) fails to comply with a duty imposed under—

(a) part 3.2 (Motor accident claims procedures); or

(b) part 3.3 (Obligations to give documents and information).

(2) The court may, on the application of a party to whom the duty is owed, order the first party to take stated action to remedy the noncompliance not later than a day stated by the court.

(3) The court may make consequential or ancillary orders, including orders about costs.

(1) A person commits an offence if—

(a) the person makes a statement in a notice, response or other document given under—

(i) part 3.2 (Motor accident claims procedures); or

(ii) part 3.3 (Obligations on parties to give documents and information); and

(b) the person does so knowing that the statement—

(i) is false or misleading in a material particular; or

(ii) omits anything without which the statement is misleading in a material particular.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

Note Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

(2) A person commits an offence if—

(a) the person makes a statement in a notice, response or other document given under this part; and

(b) the person is reckless about whether the statement—

(i) is false or misleading in a material particular; or

(ii) omits anything without which the statement is misleading in a material particular.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Note Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

(1) The CTP regulator—

(a) may establish a panel of experts for reporting on the medical condition of claimants and their prospects of rehabilitation; and

(2) In deciding on the composition of the panel, the CTP regulator—

(a) must consult with each professional body—

(i) prescribed by regulation; and

(ii) in the way prescribed by regulation; and

(b) may only include an expert on the panel if—

(i) the expert’s inclusion is endorsed by each relevant professional body; or

(ii) the CTP regulator is satisfied there is good reason for inclusion of the expert on the panel despite the absence of endorsement by each relevant professional body.

(1) The parties for a motor accident claim may jointly arrange for an expert report about 1 or more of the following:

(a) the cause, or probable cause, of the motor accident for the motor accident claim and whether, in the expert’s opinion, 1 or more people (who may be named) are responsible for, or contributed to, the motor accident;

(b) the cause, or probable cause, of the injured person’s personal injury for the motor accident claim and whether, in the expert’s opinion, 1 or more people (who may be named) are responsible for, or contributed to, the motor accident;

(c) the injured person’s medical condition or prospects of rehabilitation;

(d) the injured person’s cognitive, functional or vocational capacity.

(2) A party is not under an obligation to agree to a proposal to obtain a report under this section.

(3) The person from whom an expert report is obtained must be a person, agreed to by the parties, with appropriate qualifications and experience in the subject area of the report.

(4) The person preparing the expert report must give the parties a copy of the report.

(1) If an expert report is obtained by agreement between a respondent and a claimant and the claimant is liable for the cost of obtaining the report, the respondent must, at the claimant’s request, reimburse the claimant for the reasonable cost of obtaining the report.

(2) However, a claimant’s right to reimbursement under this section is subject to any agreement between the claimant and the respondent.

(1) This section applies if a respondent wants to obtain an expert report about 1 or more of the matters mentioned in section 110 (1) (Parties may jointly arrange for expert report) but fails to obtain the claimant’s agreement.

(2) The claimant must comply with a request by the respondent to undergo, at the respondent’s expense, either or both of the following:

(a) a medical examination by a doctor to be selected by the claimant from a panel of at least 3 doctors with appropriate qualifications and experience in the relevant field nominated by the respondent in the request;

(b) an assessment of cognitive, functional or vocational capacity by an expert to be selected by the claimant from a panel of at least 3 experts with appropriate qualifications and experience in the relevant field nominated by the respondent in the request.

(3) However, a claimant is not obliged to undergo an examination or assessment under this section if the examination or assessment is unreasonable or unnecessarily repetitious.

(4) If 3 doctors or experts with appropriate qualifications and experience in the relevant field are not available for inclusion on a panel under subsection (2), the number on the panel may be reduced to 2.

A claimant is entitled to payment for expenses under this part only if—

(a) both of the following have been given to the respondent:

(i) a form about the motor accident (a motor accident notification form) completed by or for the injured person;

(ii) a medical report (a motor accident medical report) prepared by a doctor about the personal injuries caused to the injured person by the motor accident; and

(b) the motor accident notification form and motor accident medical report are given to the respondent not later than 28 days after the motor accident; and

(c) the motor accident notification form contains a declaration by or for the injured person that the motor accident was not caused wholly or mainly by the fault of the injured person.

Note If a form is approved under s 266 for a motor accident notification form or a motor accident medical report, the form must be used.

In this chapter:

medical expenses includes hospital and pharmaceutical expenses.

A claimant for a motor accident claim is entitled to payment for medical expenses under this division only if—

(a) the respondent for the motor accident claim admits liability for the motor accident claim; and

(b) either—

(i) a police officer attended the motor accident for the motor accident claim; or

(ii) the motor accident was officially reported to a police officer by or for the injured person.

(1) The respondent must pay—

(a) the injured person’s medical expenses that are reasonably incurred because of the personal injury caused by the motor accident for the motor accident claim; or

(b) a proportion of the medical expenses reflecting the extent of the respondent’s responsibility (assuming the claimant to be guilty of contributory negligence as asserted by the respondent).

(2) The respondent must make a payment under this section on presentation of an account made up, and verified, as prescribed by regulation.

Note 1 Payments under this section may be recoverable under part 3.11.

Note 2 It is a condition of a CTP insurer licence that the licensed insurer must comply with this section (see s 178).

In this chapter:

rehabilitation means the use of medical, psychological, physical, social, educational and vocational measures, individually or in combination—

(a) to restore, as far as reasonably possible, physical or mental functions lost or impaired through personal injury; or

(b) to optimise, as far as reasonably possible, the quality of life of a person who suffers the loss or impairment of physical or mental functions through personal injury.

In this Act:

rehabilitation services means services for providing rehabilitation to a person.

In this division:

provided rehabilitation services means rehabilitation services made available by a respondent to a claimant under section 120 or section 121.

(1) A respondent may make rehabilitation services available to a claimant on the respondent’s own initiative or at the claimant’s request.

(2) If a respondent makes rehabilitation services available to a claimant before admitting or denying liability for a motor accident claim, the respondent must not be taken, for that reason, to have admitted liability.

(1) This section applies if a respondent—

(a) admits liability for a motor accident claim; or

(b) agrees to pay for rehabilitation services without admitting liability.

Note The respondent must tell the claimant in the response to the notice of claim whether the respondent is prepared to meet the reasonable and appropriate cost of the claimant’s rehabilitation (without admitting liability) (see s 82).

(2) The respondent must, at the claimant’s request, ensure that reasonable and appropriate rehabilitation services are made available to the claimant.

Note It is a condition of a CTP insurer licence that the licensed insurer must comply with this section (see s 178).

(1) This section applies if a respondent intends to—

(a) make rehabilitation services available to a claimant under section 120 or section 121.

(b) ask the court to take the cost of rehabilitation services into account in the assessment of damages.

(2) The respondent must, before providing the rehabilitation services, give the claimant, written notice (an assessment of damages notice) that includes—

(a) an estimate of the cost of the rehabilitation services; and

(b) a statement explaining how, and to what extent, the assessment of damages is likely to be affected by the provision of the rehabilitation services.

(1) The cost to the respondent of providing the rehabilitation services may be taken into account in the assessment of damages for the motor accident claim only if the respondent has given the claimant an assessment of damages notice under section 122.

(2) If the cost of rehabilitation services is to be taken into account in the assessment of damages, the cost is taken into account as follows:

(a) the claimant’s damages are first assessed (without reduction for contributory negligence) on the assumption that the claimant has incurred the cost of the rehabilitation services as a result of the personal injury caused by the motor accident;

(b) any reduction to be made on account of contributory negligence is then made;

(c) the total cost of rehabilitation services is then set-off against the amount assessed.

(1) If the claimant is not satisfied that provided rehabilitation services are reasonable and appropriate, the claimant may apply to the CTP regulator to appoint a mediator to help resolve the questions between the claimant and respondent.

(2) An application for appointment of a mediator must—

(a) be made in writing; and

(b) give details of any attempts made by the claimant to resolve the matter in dispute.

(3) The fees and expenses of the mediator must be paid as agreed between the parties or, if there is no agreement, by the parties in equal proportions.

(1) If the claimant is not satisfied that provided rehabilitation services are reasonable and appropriate, the claimant may apply to the court to decide what rehabilitation services are, in the circumstances of the case, reasonable and appropriate.

(2) An application may be made to the court whether or not there has been an earlier attempt to resolve the questions between the claimant and the respondent by mediation.

(3) On application, the court may decide what rehabilitation services are, in the circumstances of the case, reasonable and appropriate and make consequential orders and directions.

The respondent must bear (or reimburse) the cost of provided rehabilitation services unless the respondent’s liability is reduced—

(a) by agreement with the claimant; or

(b) by order of the court under section 128 (Cost of rehabilitation services—court proceeding).

Note 1 Costs paid under this section may be recoverable under part 3.11.

Note 2 It is a condition of a CTP insurer licence that the licensed insurer must comply with this section (see s 178).

(1) If the respondent considers that the cost of provided rehabilitation services is unreasonable, the respondent may apply to the CTP regulator to appoint a mediator to help resolve the questions between the claimant and the respondent.

(2) An application for appointment of a mediator must—

(a) be made in writing; and

(b) give details of any attempts made by the claimant to resolve the matter in dispute.

(3) The fees and expenses of the mediator must be paid as agreed between the parties or, if there is no agreement, by the parties in equal proportions.

(1) If the respondent considers that the cost of provided rehabilitation services is unreasonable, the respondent may apply to the court to decide—

(a) what rehabilitation services are, in the circumstances of the case, reasonable and appropriate; or

(b) to what extent the respondent should contribute to the cost of rehabilitation services.

(2) A respondent may apply to the court whether or not there has been an earlier attempt to resolve the questions between the respondent and the claimant by mediation.

(3) On application, the court may decide the questions raised on the application and make consequential orders and directions.

(1) The CTP regulator may make guidelines (medical and rehabilitation guidelines) for the following:

(a) the medical treatment of injured people;

(b) the provision of rehabilitation services for injured people (including the circumstances in which rehabilitation services must be provided);

(c) the assessment of the degree of permanent impairment of an injured person as a result of an personal injury caused by a motor accident.

Note It is a condition of a CTP insurer licence that the licensed insurer must comply with this the medical and rehabilitation guidelines (see s 178).

(2) A medical and rehabilitation guideline is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(3) Medical and rehabilitation guidelines—

(a) must not be construed as requiring medical treatment to be carried out in accordance with medical and rehabilitation guidelines; and

(b) must be consistent with a high standard of medical care, dental care, rehabilitation, aftercare and continuing care as exists in the community at that time.

(4) Medical and rehabilitation guidelines must be developed in consultation with—

(a) relevant medical colleges including the following:

(i) the Royal Australasian College of Physicians;

(ii) the Royal Australasian College of Surgeons;

(iii) the Royal Australian College of General Practitioners;

(iv) the Australian Orthopaedic Association; and

(b) other relevant colleges and associations including the paramedical professional associations; and

(c) anyone else prescribed by regulation.

(1) Before a claimant for a motor accident claim brings a court proceeding based on the motor accident claim, the parties for the motor accident claim must have a conference (the compulsory conference).

(a) at a time and place agreed by each party; or

(b) if more than 6 months has passed since the respondent received, or is taken to have received, the claimant’s complying notice of claim—at a reasonable time and place nominated by the party calling the conference.

(3) On application by a party, the court may decide the time and place for the compulsory conference and make any other orders the court considers appropriate in the circumstances.

(4) The parties may, by agreement, change the time or place for holding a compulsory conference or adjourn a compulsory conference from time to time and from place to place.

(5) The compulsory conference may be conducted, if the parties agree, by telephone, closed-circuit television or another form of communication allowing contemporaneous and continuous communication between the parties.

(1) On application by 1 or more of the parties for the motor accident claim, the court may dispense with the compulsory conference for good reason and make any other orders the court considers appropriate in the circumstances.

(2) In considering whether to dispense with the compulsory conference, the court must take into account the extent of compliance by the parties with their respective obligations for the motor accident claim.

(1) A compulsory conference may be held with a mediator if—

(a) each party for the motor accident claim agrees; and

(b) each party for the motor accident claim agrees, in writing, about how costs of the mediation are to be apportioned between the parties.

(3) The mediator must be decided by agreement by each party for the motor accident claim.

(4) However, if the parties are unable to agree on a mediator not later than 30 days after the date for the compulsory conference is decided, any party for the motor accident claim may apply to the registrar of the court for the registrar to decide the mediator.

(1) At least 7 days before the compulsory conference is to be held, each party for the motor accident claim must give each other party for the motor accident claim the following:

(a) a copy of each document that is relevant to the motor accident claim that has not yet been given to the other party;

(b) a statement verifying that all relevant documents in the possession of the party or the party’s lawyer have been given as required;

(c) details of the party’s legal representation;

(d) if the party has legal representation—a certificate of readiness signed by the party’s lawyer.

(2) However, on application by a party, the court may exempt the party from an obligation to give material to another party before trial if satisfied that—

(a) giving the material would alert a person reasonably suspected of fraud to the suspicion; or

(b) there is some other good reason why the material should not be given.

(3) In this section:

certificate of readiness, by a party to a motor accident claim, means a certificate stating that—

(a) the party is in all respects ready for—

(i) the compulsory conference; and

(ii) the trial; and

(b) the party has obtained all investigative material required for the trial including witness statements from each person (other than expert witnesses) the party intends to call as a witness at the trial; and

(c) the party has obtained medical or other expert reports from each person the party proposes to call as an expert witness at the trial; and

(d) the party has fully complied with the party’s obligations to give the other parties material relevant to the motor accident claim; and

costs statement, by a party’s lawyer, means a statement containing—

(a) details of the legal costs (clearly identifying costs that are legal fees and costs that are disbursements) payable by the party to the party’s lawyer up to the completion of the conference; and

(b) an estimate of the party’s likely legal costs (clearly identifying costs that are legal fees and costs that are disbursements) if the motor accident claim proceeds to trial and is decided by the court; and

(c) a statement of the consequences to the party, in terms of costs, in each of the following cases:

(i) if the amount of the damages awarded by the court is equal to, or more than, the claimant’s mandatory final offer;

(ii) if the amount of the damages awarded by the court is less than the claimant’s mandatory final offer but equal to, or more than, the respondent’s mandatory final offer;

(1) Each conference participant must, unless the conference participant has a reasonable excuse—

(a) attend the compulsory conference; and

(b) actively take part in an attempt to settle the motor accident claim.

conference participant means—

(a) the claimant or the claimant’s guardian; and

(b) a person authorised by a respondent or contributor to settle the motor accident claim on the respondent’s or contributor’s behalf.

(1) This section applies if, for a motor accident claim—

(a) the compulsory conference has been dispensed with under section 131 (Compulsory conference may be dispensed with); or

(b) the motor accident claim is not settled at the compulsory conference.

(2) The claimant and the respondent for the motor accident claim must exchange written final offers (each of which is a mandatory final offers).

(3) However, if a respondent denies liability altogether, the respondent must give the claimant a written notice of denial (a mandatory final notice).

(4) If the respondent gives the claimant a mandatory final notice, for this Act, the respondent is taken to have given the claimant a mandatory final offer of $0.

The court may, on application by the claimant or the respondent for the motor accident claim, dispense with the obligation to exchange mandatory final offers.

(1) If the court has not dispensed with the obligation to exchange mandatory final offers, mandatory final offers for a motor accident claim must be exchanged—

(a) if the compulsory conference has been dispensed with—not later than 14 days after the day the conference was dispensed with; or

(b) if the claim is not settled at the compulsory conference—at the end of the conference.

(2) A mandatory final offer remains open for 14 days.

(1) A mandatory final offer for $50 000 or less must be exclusive of costs.

(2) If a mandatory final offer is for more than $30 000 but not more than $50 000, and is accepted, costs must be worked out and paid in the way prescribed by regulation.

(1) A claimant for a motor accident claim must not begin a court proceeding based on the claim if a mandatory final offer for the claim remains open.

Note A mandatory final offer remains open for 14 days (see s 137).

(2) If a claimant brings a court proceeding based on a motor accident claim, the claimant must, at the beginning of the proceeding, file in the court a sealed envelope containing a copy of the claimant’s mandatory final offer.

(3) The respondent must, before or at the time of filing a defence, file in the court a sealed envelope containing a copy of the respondent’s mandatory final offer.

(4) The court must not read the mandatory final offers until the court has decided the claim.

(5) However, the court must have regard to the mandatory final offers if making a decision about costs.

(1) This section applies if a claimant for a motor accident claim does not begin a court proceeding based on the motor accident claim in accordance with the time limits in the following sections:

(a) section 141 (Time limit—compulsory conference);

(b) section 142 (Time limit—no compulsory conference);

(c) section 143 (Time limit—no mandatory final offers).

(2) The claimant may still begin the proceeding but the court may order the claimant to pay the respondent’s costs caused by the delay.

(3) The respondent may apply to the court for an order deciding a time by which the claimant must begin the proceeding.

(4) If the claimant does not begin a proceeding in accordance with a court order made on application under subsection (3), the motor accident claim is barred.

(1) This section applies if—

(a) the parties to a motor accident claim have had a compulsory conference; and

(b) the obligation to exchange mandatory final offers has not been dispensed with.

Note A court may dispense with the obligation to exchange mandatory final offers under s 136.

(2) The claimant may only begin a court proceeding based on the motor accident claim not later than—

(a) 60 days after the end of the compulsory conference; or

(i) agreed by the parties not later than 60 days after the end of the compulsory conference; or

(ii) decided by the court on application by the claimant not later than 60 days after the end of the compulsory conference.

Note The claimant may still be able to begin a court proceeding based on the motor accident claim under s 140.

(1) This section applies if—

(a) the compulsory conference for the parties to a motor accident claim has been dispensed with; but

(b) the obligation to exchange mandatory final offers has not been dispensed with.

Note 1 A compulsory conference may be dispensed with by agreement or by court order (see s 131).

Note 2 A court may dispense with the obligation to exchange mandatory final offers (see s 136).

(2) The claimant may only begin a court proceeding based on the motor accident claim not later than—

(a) the due date; or

(i) agreed by the parties not later than the due date; or

(ii) decided by the court on application by the claimant not later than the due date.

Note The claimant may still be able to begin a court proceeding based on the motor accident claim under s 140.

(3) In this section:

due date means the day 60 days after the later of the following:

(a) 6 months after the respondent received, or is taken to have received, the claimant’s complying notice of claim;

(b) the day the compulsory conference was dispensed with.

(1) This section applies if a court dispenses with the obligation to exchange mandatory final offers.

Note A court may dispense with the obligation under s 136.

(2) A claimant may only begin a court proceeding based on the motor accident claim not later than the day decided by the court when, or after, the court dispenses with the obligation.

Note The claimant may still be able to begin a court proceeding based on the motor accident claim under s 140.

(1) The court, on application by a claimant, may give leave to the claimant to begin a proceeding in the court based on a motor accident claim despite noncompliance with this part if satisfied there is an urgent need to begin the proceeding.

(2) The order giving leave may be made on conditions the court considers appropriate having regard to the circumstances of the case.

(3) If leave is given, the proceeding started by leave is stayed until the claimant complies with this part or the proceeding is discontinued or otherwise ends.

(4) However, the proceeding is not stayed if—

(a) the court is satisfied that—

(i) the claimant is suffering from a terminal condition; and

(ii) the trial of the proceeding should be expedited; and

(b) the court orders the proceeding be given priority in the allocation of a trial date.

(5) If, under subsection (4), the proceeding is not stayed, this part (other than this section) does not apply to the personal injury.

(a) a claimant brings a court proceeding based on a motor accident claim; and

(b) the respondent is an insured person or an insurer for the motor accident claim.

(2) The claimant must bring the proceeding against the insured person and the insurer as joint defendants.

(a) the insured person cannot be identified; or

(b) the insured person is dead; or

(c) it is impracticable to give the insured person a legal document.

(4) If judgment is given in favour of the claimant on the motor accident claim for the personal injury, the judgment must be given against the insurer and not the insured person, and, if the proceeding involves other claims (unrelated to the personal injury), a separate judgment must be given on the other claims.

(5) It is not a defence to a proceeding under this section if the insurer proves that—

(a) a CTP policy was obtained by fraud, or a material misstatement or nondisclosure; or

(a) a claimant brings a court proceeding based on a motor accident claim; and

(b) the respondent is an insured person or an insurer.

(2) If the motor accident claim lies against 2 or more insurers, all insurers become defendants to the proceeding, but the respondents’ claim manager continues to represent all insurers in the proceeding unless the court gives leave allowing 1 or more of the insurers to be separately represented.

(3) If a motor accident claim lies against 2 or more insurers, and a legal document related to a proceeding based on the motor accident claim is given to the respondents’ claim manager, all insurers are taken to have been given the legal document.

(4) If a legal document related to a proceeding based on a motor accident claim is given to the insurer, the insured person is also taken to have been given the legal document.

(1) In a court proceeding based on a motor accident claim, summary judgment is not to be given on the basis of the defendant’s admissions.

(a) a claimant brings a court proceeding based on a motor accident claim; and

(b) the defendant is, or includes, an insurer.

Note In most cases, the claimant must bring the proceeding against the insured person and the insurer as joint defendants (see s 145).

(2) The insurer may

(a) call the insured person as a witness; and

(b) with the court’s leave, cross-examine the insured person.

(1) This section applies if a court awards $50 000 or less in damages in a proceeding (other than an appellate proceeding) based on a motor accident claim.

(2) If the court awards $30 000 or less, the court must apply the following principles:

(a) if the amount awarded is less than the claimant’s mandatory final offer but more than the respondent’s mandatory final offer, no costs are to be awarded;

(b) if the amount awarded is equal to, or more than, the claimant’s mandatory final offer, costs must be awarded to the claimant in the way prescribed by regulation as from the date on which the proceeding began (but no award is to be made for costs up to that date);

(c) if the amount awarded is equal to, or less than, the respondent’s mandatory final offer, costs must be awarded to the respondent as prescribed by regulation.

(3) If the court awards more than $30 000 but not more than $50 000 in damages, the court must apply the following principles:

(a) if the amount awarded is less than the claimant’s mandatory final offer but more than the respondent’s mandatory final offer, costs must be awarded to the claimant in accordance with the Civil Law (Wrongs) Act 2002, chapter 14, up to the maximum amount prescribed by regulation or, if no amount is prescribed, $2 500;

(b) if the amount awarded is equal to, or more than, the claimant’s mandatory final offer, costs must be awarded to the claimant as follows:

(i) costs up to the date on which the proceeding began must be awarded in accordance with the Civil Law (Wrongs) Act 2002, chapter 14, up to the maximum amount prescribed by regulation or, if no amount is prescribed, $2 500;

(c) if the amount awarded is equal to, or less than, the respondent’s mandatory final offer, costs must be awarded as follows:

(i) costs up to the date on which the proceeding began must be awarded to the claimant in accordance with the Civil Law (Wrongs) Act 2002, chapter 14, up to the maximum amount prescribed by regulation or, if no amount is prescribed, $2 500;

(ii) costs on or after the date on which the proceeding began must be awarded to the respondent in accordance with the Civil Law (Wrongs) Act 2002, chapter 14.

(4) This section is subject to section 150.

(1) This section applies if a court awards $50 000 or less in damages in a proceeding (other than an appellate proceeding) based on a motor accident claim.

(2) This section applies in addition to section 149.

(3) The court may make an award of costs to compensate a party for costs resulting from a failure by another party to comply with a procedural obligation under this part.

If a claimant calls 2 or more expert witnesses from the same area of expertise to give evidence to substantially the same effect, and the claimant is entitled to costs under s 149, the court must only allow costs related to 1 of the expert witnesses.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(5) Unless an award of damages is affected by factors that were not reasonably foreseeable at the time of the exchange of mandatory final offers, the court must not award costs to a party related to investigations or gathering of evidence by the party after—

(a) the end of the compulsory conference; or

(b) if the parties or the court dispenses with a compulsory conference—the date when the parties completed the exchange of mandatory final offers.

Note A compulsory conference may be dispensed with by agreement or by court order (see s 131).

(6) If an award of damages is affected by factors that were not reasonably foreseeable by a party at the time of making the party’s mandatory final offer, the court may, if satisfied that it is just to do so, make an order for costs under section 149 (2) or (3) as if the reference to a mandatory final offer in the relevant subsection were a reference to a later offer made in the light of the factors that became apparent after the parties completed the exchange of mandatory final offers.

If a claimant’s medical condition suddenly and unexpectedly deteriorates after the date of the mandatory final offers and the court makes a much higher award of damages than would have been reasonably expected at that date, the court may ignore the mandatory final offers and award costs on the basis of later offers of settlement.

In this part:

compliance notice—see section 152.

enforcing party—see section 152.

late party—see section 152.

relevant notice claim—see section 153.

required thing, under a compliance notice, means the thing required to be done under the notice.

(1) This section applies if—

(a) for a motor accident claim—

(i) the respondent has given the claimant a mandatory final notice under section 135; or

(ii) the court has dispensed with the obligation to exchange mandatory final offers under section 136; or

(iii) the time for exchanging mandatory final offers under section 137 has closed; and

(b) a party (the late party) to the claim fails to do something required to be done within a time limit for doing the thing under this Act.

(2) However, this section does not apply if—

(a) the late party is the claimant; and

(b) the claimant is not legally represented in relation to the claim.

(3) Another party to the claim (the enforcing party) may give the late party a notice (the compliance notice) requiring the late party to do the required thing not later than 7 days after the day the late party receives the compliance notice.

(1) This section applies if—

(a) an enforcing party has given a late party a compliance notice; and

(b) the late party does not do the required thing within the 7-day period in the notice; and

(c) the enforcing party is the claimant to the motor accident claim (the relevant notice claim) to which the notice relates.

(2) The enforcing party may, not later than 14 days after the day the 7-day period ends, apply to the court for an order—

(a) if the claimant has not started a proceeding based on the relevant notice claim—giving the claimant leave to begin the proceeding; and

(b) giving judgment in the proceeding in favour of the claimant against the respondent.

(1) This section applies if—

(a) an enforcing party has given a late party a compliance notice; and

(b) the late party does not do the required thing within the 7-day period in the notice; and

(c) the enforcing party is the respondent to the relevant notice claim.

(2) The enforcing party may, not later than 14 days after the day the 7-day period ends, apply to the court for an order—

(a) if the claimant has not started a proceeding based on the relevant notice claim—that the claimant is barred from beginning the proceeding; or

(b) giving judgment in the proceeding in favour of the respondent against the claimant.

(1) On application for judgment under section 153 or section 154, the court may make the orders sought.

(2) In considering the application, the court must not make an order against the late party if the party establishes that the party had a reasonable excuse for failing to do the required thing within the 7-day period.

(1) This section applies if the court makes an order giving judgment in favour of the claimant against the respondent.

(2) The court must order—

(a) if the claimant and respondent have each made a written offer to the other party—damages worked out by adding the claimant’s last written offer to the respondent’s last written offer and dividing the total by 2; or

(b) if 1 of the parties has not made a written offer—damages to be assessed by the court.

(3) The court must order the respondent to pay the claimant’s costs on an indemnity basis from the day the complying claim was received by the respondent’s insurer.

(1) This section applies if the court makes an order in favour of the respondent against the claimant.

(2) Unless the court otherwise orders, the claimant must pay the respondent’s costs of the proceeding including the costs of the application.

In this part:

costs, when used in reference to the costs of an insurer for a motor accident claim, includes—

(a) the amount paid out by the insurer on the claim to the claimant or for the claimant’s benefit, including—

(i) the cost to the insurer of paying medical expenses for the claim; and

(ii) the cost to the insurer of providing rehabilitation services for the claim; and

(b) the amounts paid by the insurer in investigating the claim and of litigation related to the claim (but not the insurer’s general administration costs).

An insurer is not entitled to recover costs under a provision of this part if the insurer has already recovered the costs under another provision.

A proceeding by an insurer under a provision of this part may be brought separately or by way of a third-party proceeding.

(1) This section applies if—

(a) personal injury is caused by a motor accident involving a CTP insured person; and

(b) the CTP insured person is more than 25% at fault for the motor accident.

(2) The CTP insurer for the CTP insured person may recover as a debt from the CTP insured person—

(a) if the costs reasonably incurred by the CTP insurer for a motor accident claim for the motor accident are not more than $500—the total of the costs incurred; or

(b) if the costs reasonably incurred by the CTP insurer for a motor accident claim for the motor accident are more than $500—$500.

Note 1 A CTP policy insures against the risk of liability for personal injury caused by a motor accident (see s 21).

Note 2 Costs include medical expenses and rehabilitation costs (see s 158).

(1) This section applies if—

(a) personal injury is caused by a motor accident involving a CTP insured person; and

(b) the CTP insured person deliberately avoided paying the correct CTP premium for the CTP policy by making a statement in relation to the issue of the policy that the CTP insured person knew was false or misleading in a material particular.

(2) The CTP insurer may recover as a debt from the CTP insured person—

(a) if the costs reasonably incurred by the CTP insurer for a motor accident claim for the motor accident are not more than $2 000—the total of the amount paid and costs incurred; or

(b) if the costs reasonably incurred by the CTP insurer for a motor accident claim for the motor accident are more than $2 000—$2 000.

Note 1 A CTP policy insures against the risk of liability for personal injury caused by a motor accident (see s 21).

Note 2 Costs include medical expenses and rehabilitation costs (see s 158).

(1) This section applies if—

(a) personal injury is caused by a motor accident involving a CTP insured person; and

(b) the CTP insured person was, at the time of the motor accident, using the motor vehicle—

(i) without the owner’s authority; and

(ii) without lawful justification or excuse; and

(iii) without reasonable grounds for believing that the CTP insured person had the owner’s authority, or lawful justification or excuse, for using the motor vehicle.

(2) The insurer may recover as a debt from the CTP insured person any costs reasonably incurred by the insurer for a motor accident claim for the personal injury.

Note A CTP policy insures against the risk of liability for personal injury caused by a motor accident (see s 21).

(1) This section applies if—

(a) personal injury is caused by a motor accident involving a CTP insured person; and

(b) the CTP insured person intended to injure the claimant or someone else.

(2) The CTP insurer may recover as a debt from the CTP insured person any costs reasonably incurred by the CTP insurer for a motor accident claim for the personal injury.

Note A CTP policy insures against the risk of liability for personal injury caused by a motor accident (see s 21).

(1) This section applies if—

(a) personal injury is caused by a motor accident involving a CTP insured person; and

(b) the CTP insured person was the driver of the motor vehicle at the time of the motor accident; and

(c) the CTP insured person was, at the time of the motor accident, unable to exercise effective control of the motor vehicle because of the CTP insured person’s ingestion of—

(i) alcohol; or

(ii) a non-medicinal drug or a combination of non-medicinal drugs; or

(iii) a combination of alcohol and 1 or more non-medicinal drugs.

(2) The CTP insurer may recover as a debt from the CTP insured person any costs reasonably incurred by the CTP insurer for a motor accident claim for the personal injury if the costs are reasonably attributable to the CTP insured person’s inability to exercise effective control of the motor vehicle.

(3) In this section:

non-medicinal drug means a drug other than a drug genuinely and lawfully ingested for medical or therapeutic purposes.

Note A CTP policy insures against the risk of liability for personal injury caused by a motor accident (see s 21).

(1) This section applies if—

(a) personal injury is caused by a motor accident involving an insured person; and

(b) the motor accident is attributable wholly or partly to a defect in a motor vehicle; and

(c) the defect arose from the wrongful act or omission of the manufacturer or a person who carries on a business of repairing motor vehicles.

(2) The insurer may recover as a debt from the manufacturer or repairer the proportion of the costs reasonably incurred by the insurer for a motor accident claim for the personal injury that reasonably reflects the degree of the manufacturer’s or repairer’s responsibility for the motor accident.

(3) However, it is a defence for the manufacturer or repairer to prove that the insured person of the motor vehicle drove the motor vehicle with knowledge of the defect and its likely effect.

Note 1 A CTP policy insures against the risk of liability for personal injury caused by a motor accident (see s 21).

Note 2 An amount recovered under this section by the nominal defendant must be paid into the nominal defendant fund (see s 66).

An insurer may recover from a claimant or other person who defrauds, or attempts to defraud, the insurer for a motor accident claim any costs reasonably incurred by the insurer because of the fraud.

Note An amount recovered under this section by the nominal defendant must be paid into the nominal defendant fund (see s 66).

(1) This section applies if personal injury is caused by a motor accident involving an uninsured motor vehicle or an unidentified motor vehicle.

Note The nominal defendant is liable in relation to uninsured motor vehicles (see s 61), and unidentified motor vehicles (see s 63).

(2) The nominal defendant may recover as a debt from the owner or driver of the vehicle (or both) any costs reasonably incurred by the nominal defendant for a motor accident claim for the personal injury.

(3) It is a defence to a proceeding under this section against the owner for the owner to prove that—

(a) the motor vehicle was driven without the owner’s authority; or

(b) the owner believed on reasonable grounds that the motor vehicle was insured.

(4) It is a defence to a proceeding under this section against the driver for the driver to prove that the driver believed on reasonable grounds that—

(a) the driver had the owner’s consent to drive the motor vehicle; and

(b) the motor vehicle was insured.

(5) The nominal defendant may bring a proceeding for recovery of costs under this section before the costs have been actually paid in full and, in that case, a judgment for recovery of costs may provide that, as far as the costs have not been actually paid, the right to recover the costs is contingent on payment.

Note An amount recovered under this section must be paid into the nominal defendant fund (see s 66).

The nominal defendant is entitled to have access to information and materials in the possession of the Territory that may be relevant to the recovery of costs that the nominal defendant is entitled to recover under this part.

An insurer must take all reasonable steps to deter and prevent the making of fraudulent motor accident claims.

In this Act:

CTP insurer licence, for a corporation, means a licence issued under section 177 (Decision on application) to carry on business as a CTP insurer.

In this Act:

former licensed insurer means an entity that was, at any time, a licensed insurer but is no longer a licensed insurer.

licensed insurer means a corporation that holds a CTP insurer licence.

(1) A person commits an offence if the person—

(a) issues a CTP policy; and

(b) is not a licensed insurer.

Maximum penalty: 100 penalty units.

Note Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

(2) A person commits an offence if the person—

(a) purports to issue a CTP policy; and

(b) is not a licensed insurer.

Maximum penalty: 100 penalty units.

If a person who is not a licensed insurer issues a CTP policy, the CTP policy is not annulled or affected only because the person is not a licensed insurer.

(1) A corporation may apply to the CTP regulator for a CTP insurer licence.

(2) The application must comply with the requirements prescribed by regulation.

(3) The CTP regulator may, in writing, ask the applicant to give the CTP regulator more information that the CTP regulator reasonably needs to decide the application, including the following:

(a) details of the shareholders, directors and other managers of the applicant;

(b) any previous returns and accounts under—

(i) the Corporations Act; and

(ii) the Insurance Act 1973 (Cwlth);

(c) details of reinsurance arrangements to which the applicant is a party;

(d) a draft business plan.

(4) The CTP regulator need not decide whether the corporation is eligible for a CTP insurer licence if—

(a) the corporation’s application does not comply with any requirement prescribed by regulation; or

(b) the corporation does not give the CTP regulator information asked for under subsection (3).

Note 1 If a form is approved under s 266 for an application, the form must be used.

Note 2 A fee may be determined under the Road Transport (General) Act 1999, s 96, for this section.

Note 3 Giving false or misleading information is an offence against the Criminal Code, s 338.

A corporation is eligible for a CTP insurer licence only if the corporation is—

(a) authorised under the Insurance Act 1973 (Cwlth) to carry on insurance business; and

(b) a party to the insurance industry deed.

(1) On an application by a corporation for a licence, the CTP regulator must—

(a) issue the licence; or

(b) refuse to issue the licence if the CTP regulator—

(i) is not satisfied that the applicant would not, or would not be able to, properly exercise the functions of a licensed insurer if issued with a licence; or

(ii) must not issue the licence under subsection (4).

Note A decision to refuse to issue a licence is a reviewable decision (see Road Transport (General) Act 1999, pt 7 and Road Transport (General) Regulation 2000).

(2) In deciding whether the applicant would not, or would not be able to, properly exercise the functions of a licensed insurer if issued with a licence, the CTP regulator must consider the following:

(a) the paid-up share capital and reserves of the applicant;

(b) the constitution of the applicant (if any);

(c) the reinsurance arrangements of the applicant;

(d) whether issuing the licence will contribute to the efficiency of the motor accidents scheme under this Act generally;

(e) anything else prescribed by regulation.

(3) The CTP regulator may consider anything else the CTP regulator considers appropriate for this Act.

(4) The CTP regulator must refuse to issue a licence if the applicant does not comply with a requirement prescribed by regulation.

(5) If the CTP regulator proposes to issue a licence to a corporation, the CTP regulator must, at least 14 days before the licence is issued, tell all licensed insurers the name of the corporation.

(6) Failure by the CTP regulator to comply with subsection (5) does not affect the validity of a corporation’s licence.

Note Power given by a law to make a decision includes power to reverse or change the decision. The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision (see Legislation Act, s 180).

(1) It is a condition of a CTP insurer licence that the licensed insurer must comply with the following:

(a) section 38 (Licensed insurer to charge approved premium);

(b) the CTP premium guidelines;

(c) section 40 (Licensed insurer to apply for approval of premiums);

(d) section 116 (Respondent to pay injured person’s medical expenses);

(e) section 121 (Respondent to make rehabilitation services available);

(f) section 126 (Respondent to pay for rehabilitation services);

(g) the medical and rehabilitation guidelines;

(h) section 203 (Licensed insurer to have business plan);

(i) section 204 (Licensed insurer to comply with business plan);

(j) section 205 (Licensed insurer to revise business plan);

(k) the CTP guidelines;

(l) the business plan guidelines;

(m) section 209 (1) (Reinsurance arrangements of licensed insurers);

(n) section 211 (Licensed insurer to provide investment details).

(2) A CTP insurer licence is also subject to any condition—

(a) prescribed by regulation; or

(b) decided by the CTP regulator.

Note 1 Power given by a law to make a decision includes power to reverse or change the decision. The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision (see Legislation Act, s 180).

Note 2 If the CTP regulator is unable, under s 195 or s 196, to cancel a licence because the CTP regulator is not satisfied the insurer’s liabilities have been appropriately dealt with, the CTP regulator may, instead, impose a condition on the licence that prohibits the insurer from issuing any further CTP policies (see s 197).

(3) A condition under subsection (2) (b) must not be inconsistent with any condition prescribed by regulation that applies to the CTP insurer licence.

(4) The CTP regulator may amend a CTP insurer licence by—

(a) including a condition on the licence; or

(b) amending or revoking a condition included by the CTP regulator on the licence.

(5) If the CTP regulator amends a licensed insurer’s licence under subsection (4), the CTP regulator must tell the insurer about the amendment as soon as practicable, but not later than 30 days after the day the CTP regulator decides the amendment.

Note A decision by the CTP regulator under s (2) (b) or (4) is a reviewable decision (see Road Transport (General) Act 1999, pt 7 and Road Transport (General) Regulation 2000).

(6) This section is subject to section 180 (Prohibited licence conditions).

(1) Without limiting section 178, the conditions to which a CTP insurer licence may be subject include the following conditions:

(a) a condition for ensuring compliance with the obligations of the licensed insurer;

(b) a condition for ensuring that insurance CTP premiums for CTP policies are sufficient to meet motor accident claims;

(c) a condition for requiring the licensed insurer to achieve early resolution of motor accident claims, and early payment for treatment of injured people, at particular levels;

(d) a condition for ensuring general efficiency in relation to motor accident claims and payments;

(e) a condition relating to the provision of information about motor accident claims and profits.

(2) A licensed insurer is taken not to have contravened a condition mentioned in subsection (1) (c) if the insurer establishes that—

(a) the insurer gave a report to the CTP regulator within a reasonable period after the condition is contravened; and

(b) the report sets out reasonable grounds for justifying the contravention.

(3) This section is subject to section 180.

(1) A CTP insurer licence must not be subject to any of the following conditions:

(a) a condition that gives, or is likely to give, a competitive advantage to a licensed insurer over another licensed insurer;

(b) a condition that requires a licensed insurer to obtain a share of the insurance market.

(2) A condition mentioned in subsection (1) has no effect on a CTP licence.

(1) A person commits an offence if the person—

(a) is a licensed insurer; and

(b) contravenes a condition of the person’s CTP insurer licence.

Maximum penalty: 100 penalty units.

(2) This section does not apply to a condition mentioned in section 180.

Note 1 Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

Note 2 Contravention of a licence condition is also grounds for—

• suspension of the CTP insurer licence (see s 187)

• a civil penalty to be imposed on the licensed insurer (see s 191)

• censure of the licensed insurer (see s 191).

However, if a licensed insurer is convicted of an offence under this section, the CTP regulator must not require the licensed insurer to pay a civil penalty under s 191.

If a person issues a CTP policy in contravention of a licence condition, the CTP policy is not annulled or affected only because the person is in contravention of the condition.

A person commits an offence if—

(a) the person is not a licensed insurer; and

(b) the person engages in conduct that would, if the person was a licensed insurer, contravene a condition of a CTP insurer licence; and

(c) the condition relates to a motor accident.

Maximum penalty: 100 penalty units.

Note Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

A CTP insurer licence—

(a) takes effect on the day stated in the licence; and

(b) continues in force until it is cancelled.

(1) A licensed insurer (the old insurer) may, with the approval of the CTP regulator, transfer the insurer’s licence to—

(a) another licensed insurer (the new insurer); or

(b) a corporation to whom the CTP regulator proposes to issue a licence (the new insurer).

(2) The CTP regulator must not approve the transfer of a licence unless satisfied that the new insurer is able to meet the past, present and future liabilities of the old insurer—

(a) under any CTP policy for which the old insurer is the insurer; and

(b) to the nominal defendant fund; and

(c) to any other licensed insurer.

The CTP regulator may suspend a CTP insurer licence under section 187 or section 188 by giving the licensed insurer a written suspension notice stating—

(a) that the licence is suspended on and from the day stated in the notice; and

(b) the reasons for the suspension.

Note Power given by a law to make a decision includes power to reverse or change the decision. The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision (see Legislation Act, s 180).

(1) The CTP regulator may suspend a CTP insurer licence if the CTP regulator believes on reasonable grounds that the insurer has contravened—

(a) this Act; or

(b) the insurer’s CTP insurer licence; or

(c) the insurance industry deed.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

(2) However, if the CTP regulator is satisfied that the contravention could be remedied not later than 21 days after the day the contravention happened, the CTP regulator must not suspend the licence under this section until at least 21 days after the day the contravention happened.

Note A decision to suspend a CTP insurer licence is a reviewable decision (see the Road Transport (General) Act 1999, pt 7 and the Road Transport (General) Regulation 2000).

The CTP regulator may suspend a licensed insurer’s CTP insurer licence if—

(a) the insurer is not authorised under the Insurance Act 1973 (Cwlth) to carry on insurance business; or

(b) any of the following is appointed over all or part of the assets, or undertaking, of the insurer:

(i) a provisional liquidator, liquidator or official liquidator;

(ii) a receiver, receiver and manager or official manager;

(iii) a trustee; or

(c) the insurer is given a direction under the Insurance Act 1973 (Cwlth), section 51 (Inquiry by APRA and directions relating to certain assets) or section 62 (Directions); or

(d) an inspector is appointed to investigate the affairs of the insurer under the Insurance Act 1973 (Cwlth), part V (Investigations); or

(e) the CTP regulator receives a report under section 215 (Audit of accounting records and compliance with guidelines) and believes on reasonable grounds that the insurer is, or is likely to become, unable to meet its liabilities under this Act or under CTP policies issued by the insurer; or

(f) the insurer defaults in the payment of principal or interest of more than $100 000 under any debenture, or series of debentures, issued by the insurer, unless the default occurs because the insurer genuinely disputes its liability to make the payment; or

(g) the insurer enters into, or resolves to enter into any of the following, other than for a reconstruction or amalgamation on terms that have been approved by the CTP regulator:

(i) an arrangement, composition or compromise with its creditors;

(ii) a transfer for the benefit of its creditors; or

(h) a proceeding is commenced to sanction an arrangement, composition, compromise or transfer mentioned in paragraph (g), other than for a reconstruction or amalgamation on terms that have been approved by the CTP regulator; or

(i) an application (other than a frivolous or vexatious application) or order is made for the winding up or dissolution of the insurer, other than for a reconstruction or amalgamation on terms that have been approved by the CTP regulator; or

(j) a resolution is passed for the winding up or dissolution of the insurer, other than for a reconstruction or amalgamation on terms that have been approved by the CTP regulator; or

(k) there is a change in the effective control of the insurer; or

(l) the insurer becomes a subsidiary of a corporation of which it was not a subsidiary when the licence was issued; or

(m) the CTP regulator believes on reasonable grounds that the insurer has failed to comply with a condition imposed on the insurer’s authority to carry on insurance business under the Insurance Act 1973 (Cwlth); or

(n) a person claiming to be a creditor of the insurer gives the insurer a demand requiring the insurer to pay an amount of more than $100 000, and the insurer fails to pay the amount, or secure or compound for it to the satisfaction of the person, within 3 weeks after the day the demand is given; or

(o) an execution or other process issued on a judgment, decree or order of a court in favour of a creditor of the insurer is returned unsatisfied, completely or partly, and the amount unsatisfied is more than $100,000; or

(p) the insurer agrees to the suspension.

Note 1 A decision to suspend a CTP insurer licence is a reviewable decision (see Road Transport (General) Act 1999, pt 7 and Road Transport (General) Regulation 2000).

Note 2 A licensed insurer, or former licensed insurer, commits an offence if any of the events or things mentioned in this section, other than paragraph (e), paragraph (m) or paragraph (p), happens and the person does not tell the CTP regulator about it (see s 225).

(1) The CTP regulator may, by written notice given to a licensed insurer, end the suspension of the insurer’s CTP insurer’s licence.

(2) The CTP regulator may end the suspension of a CTP insurer’s licence only if the regulator believes on reasonable grounds that the licensed insurer is able to comply with the requirements that would be imposed on the insurer if it were issued with a licence for the first time.

A person commits an offence if—

(a) the person is a licensed insurer; and

(b) the person’s CTP insurer licence is suspended; and

(c) the person issues a CTP policy.

Maximum penalty: 100 penalty units

Note Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

(1) This section applies if the CTP regulator believes on reasonable grounds that a licensed insurer has contravened—

(a) this Act; or

(b) the insurer’s CTP insurer licence; or

(c) the insurance industry deed.

(2) The CTP regulator may, instead of suspending the insurer’s licence—

(a) impose a civil penalty on the insurer of not more than $50 000; or

(b) issue a letter of censure to the insurer.

Note 1 Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

Note 2 A decision to impose a civil penalty is a reviewable decision (see Road Transport (General) Act 1999, pt 7 and Road Transport (General) Regulation 2000).

(3) However, if a licensed insurer is convicted of an offence under section 181 (Offence—contravening condition of CTP insurer licence) in relation to an act or omission, the CTP regulator must not require the licensed insurer to pay a civil penalty under this section in relation to the same act or omission.

(4) Before imposing a civil penalty, the CTP regulator must—

(a) refer the matter to a committee (the civil penalty and censure committee) for advice; and

(b) consider any advice provided by the civil penalty and censure committee.

(5) The civil penalty and censure committee must give the licensed insurer an opportunity to make written submissions about the alleged contravention, but is not required to conduct a hearing into the matter.

(1) The civil penalty and censure committee under section 191 consists of—

(a) the CTP regulator; and

(b) a nominee of the Insurance Council of Australia Limited; and

(c) another member nominated jointly by the CTP regulator and the Insurance Council of Australia Limited.

(2) If the Insurance Council of Australia Limited fails to make a nomination for the civil penalty and censure committee within the time required by the CTP regulator, the Minister may make the nomination for the Insurance Council of Australia Limited.

(1) A civil penalty imposed under section 191 may be recovered by the CTP regulator as a debt payable to the CTP regulator.

Note Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

(1) The CTP regulator may cancel a licensed insurer’s CTP insurer licence under section 195 or section 196 by giving a written notice to the insurer stating—

(a) that the licence is cancelled on the day stated in the notice; and

(b) the reasons for the cancellation.

(2) The day stated in the notice must not be a day earlier than the day the licensed insurer receives the notice.

Note 1 Power given by a law to make a decision includes power to reverse or change the decision. The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision (see Legislation Act, s 180).

Note 2 A decision to cancel a CTP insurer licence is a reviewable decision (see Road Transport (General) Act 1999, pt 7 and Road Transport (General) Regulation 2000).

(1) The CTP regulator may cancel a licensed insurer’s CTP insurer licence for any reason the CTP regulator considers appropriate.

(2) Without limiting subsection (1), the CTP regulator may cancel a licence for reasons relating to the motor accidents scheme under this Act generally, whether or not the reasons relate to the efficiency and conduct of the licensed insurer.

(3) Before cancelling a licensed insurer’s CTP insurer licence, the CTP regulator must give the licensed insurer an opportunity to make written submissions about the reasons for the cancellation.

(4) This section is subject to section 197 (Insurer’s liabilities to be met before licence cancelled).

(1) If a licensed insurer surrenders the insurer’s CTP insurer licence to the CTP regulator, the CTP regulator may cancel the licence only if the CTP regulator approves the surrender.

(2) This section is subject to section 197 (Insurer’s liabilities to be met before licence cancelled).

(1) The CTP regulator may cancel a CTP insurer licence under section 195 or section 196 only if satisfied that the licensed insurer has—

(a) discharged all of its past, present and future liabilities—

(i) under any CTP policy for which it is the insurer; and

(ii) to the nominal defendant fund; and

(iii) to any other licensed insurer; or

(b) provided security, or entered into other arrangements satisfactory to the CTP regulator, for the liabilities.

(2) If the CTP regulator is unable, under subsection (1), to cancel a licensed insurer’s CTP insurer licence, the CTP regulator may, instead, impose a condition on the licence that prohibits the insurer from issuing any further CTP policies.

Note It is an offence to contravene a licence condition (see s 181).

The CTP regulator may transfer an insurer’s CTP policies to another insurer under section 199 by giving a written transfer notice to both insurers stating—

(a) the CTP policies that are to be transferred; and

(b) the day when the transfer happens.

Note 1 Power given by a law to make a decision includes power to reverse or change the decision. The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision (see Legislation Act, s 180).

Note 2 A decision to transfer a CTP insurer licence is a reviewable decision (see Road Transport (General) Act 1999, pt 7 and Road Transport (General) Regulation 2000).

(1) The CTP regulator may transfer an insurer’s CTP policies to a licensed insurer if—

(a) the insurer’s CTP insurer licence is cancelled or otherwise ceases to be in force; or

(b) the CTP regulator is satisfied that it is necessary to do so to ensure compliance with a condition of the licence.

(2) In this section:

insurer means a licensed insurer, and includes a person whose CTP insurer licence has been cancelled or has otherwise ceased to be in force.

(1) If a CTP policy (the original policy) is transferred from an insurer (the old insurer) to a licensed insurer (the new insurer) under section 199—

(a) the original policy is cancelled; and

(b) the new insurer is taken to have issued a CTP policy—

(i) on the day of the transfer; and

(ii) on the same terms as the original policy; and

(iii) for the balance of the period of the original policy; and

(c) the old insurer must pay to the new insurer—

(i) the same proportion of the CTP premium paid, or to be paid, for the original policy as the balance of the indemnity period of the policy bears to the whole indemnity period of the policy; and

(ii) an additional amount decided by the CTP regulator for the income from investment and the management fee for the CTP premium.

(2) The new insurer may recover an amount payable under subsection (1) (c) as a debt from the old insurer.

(3) Cancellation of a CTP policy under this section ends the indemnity period of the policy but, subject to this section, does not affect any right, obligation or liability acquired, accrued or incurred under the policy during the indemnity period.

(1) The CTP regulator must keep a register of—

(a) the name of each corporation that is—

(i) issued with a CTP insurer licence; or

(ii) refused a CTP insurer licence; and

(b) for each CTP insurer licence issued by the CTP regulator, the following details:

(i) any condition imposed on the licence;

(ii) any suspension of the licence;

(iii) any cancellation of the licence;

(iv) any transfer of the licence;

(c) anything else prescribed by regulation.

(2) The CTP regulator may keep any other details in the register that the CTP regulator considers appropriate.

In this Act:

business plan, for a licensed insurer—

(a) means a plan describing how the licensed insurer’s CTP insurance business must be carried out; and

(b) must include a description of how the following things must be carried out:

(i) motor accident claims handling;

(ii) management;

(iii) expenses;

(iv) systems for processing and transmitting information.

(1) A licensed insurer must have a business plan for the insurer’s CTP insurance business.

Note CTP insurance business, for a licensed insurer, means any business associated with CTP policies (see s 11).

(2) The business plan must comply with the business plan guidelines.

Note The CTP regulator may make business plan guidelines under s 206.

(3) If the CTP regulator asks a licensed insurer for the business plan, the licensed insurer must give the CTP regulator a copy of the business plan as soon as practicable.

Note A CTP insurer licence is subject to the condition that the licensed insurer must comply with this section (see s 178).

(1) A licensed insurer must carry out the insurer’s CTP insurance business in accordance with the insurer’s business plan.

(2) If a licensed insurer carries out the insurer’s CTP insurance business in a way that departs significantly from the business plan, the insurer must tell the CTP regulator.

Note A CTP insurer licence is subject to the condition that the licensed insurer must comply with this section (see s 178).

A licensed insurer must revise the insurer’s business plan—

(a) at least once each year; and

(b) if the licensed insurer’s CTP insurance business departs significantly from the business plan; and

(c) if the CTP regulator directs the insurer to revise the business plan.

Note A CTP insurer licence is subject to the condition that the licensed insurer must comply with this section (see s 178).

(1) The CTP regulator may make CTP guidelines.

Note Power to make a statutory instrument includes power to amend or repeal the instrument. The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument (see Legislation Act, s 46).

(2) However, the CTP regulator must consult each licensed insurer before making a CTP guideline.

Note A CTP insurer licence is subject to the condition that the licensed insurer must comply with the CTP guidelines (see s 178).

(3) The CTP guidelines may make provision for the following:

(a) issue of CTP policies;

(b) business plans (the business plan guidelines) for licensed insurers.

(4) A CTP guideline is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

In this part:

market share, of a licensed insurer, means, at any particular time, the proportion worked out under section 208 by the CTP regulator for the insurer and applicable at the time.

(1) A licensed insurer must, not later than the due date for each quarter and each financial year, tell the CTP regulator the amount of insurance CTP premiums received by the insurer for all CTP policies issued by the licensed insurer during the quarter or year.

(2) The CTP regulator must, after notifications have been received from all licensed insurers for a quarter or year, decide, for each licensed insurer, the proportion that the CTP premiums received by the licensed insurer for the quarter or year bears to the total amount of CTP premiums received by all licensed insurers for the quarter or year.

(3) The CTP regulator may round a market share worked out under this section to .01%.

(4) After working out the market share for each licensed insurer for each quarter and financial year, the CTP regulator must tell all licensed insurers about each licensed insurer’s market share for the quarter or financial year.

(5) In this section:

due date means—

(a) for each quarter—the day, after the end of the quarter, decided by the CTP regulator and notified in writing to the licensed insurer; or

(b) for each financial year—the day, after the end of the financial year, decided by the CTP regulator and notified in writing to the licensed insurer.

(1) A licensed insurer must tell the CTP regulator—

(a) details of arrangements made, or proposed to be made, for reinsurance for liabilities under CTP policies issued by the licensed insurer; and

(b) the terms of any approval of APRA under the Insurance Act 1973 (Cwlth) for the reinsurance.

Note A CTP insurer licence is subject to the condition that the licensed insurer must comply with this s (see s 178).

(2) A licensed insurer must not, without the prior written agreement of the CTP regulator, enter into any kind of reinsurance if the total amount payable for the reinsurance exceeds 15% of the gross direct CTP premium written by the insurer.

In this part:

third-party funds, of a licensed insurer, means—

(a) the funds of the insurer derived from the payment of CTP premiums for CTP policies; and

(b) from the investment of the funds.

If the CTP regulator asks a licensed insurer to give the CTP regulator details of how the insurer’s third-party funds, and other funds, are invested, the licensed insurer must comply with the request.

Note A CTP insurer licence is subject to the condition that the licensed insurer must comply with this section (see s 178).

(1) A licensed insurer commits an offence if the insurer does not keep the following accounting and other records for the business or financial position of the insurer:

(a) the records prescribed by regulation;

(b) the records that the insurer is directed, in writing by the CTP regulator, to keep.

Maximum penalty: 100 penalty units.

Note Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

(2) In this section:

accounting records include the following:

(a) invoices;

(b) receipts;

(c) orders for the payment of amounts;

(d) bills of exchange;

(e) cheques;

(f) promissory notes;

(g) vouchers and other prime entry documents;

(h) the working papers and other documents that are necessary to explain the methods and calculations by which accounts are made up.

(1) A licensed insurer commits an offence if the licensed insurer does not give the CTP regulator the following returns for the business or financial position of the insurer:

(a) the returns prescribed by regulation;

(b) if the CTP regulator directs the insurer, in writing, to give a return—the returns that the insurer is directed to give.

Maximum penalty: 100 penalty units.

Note Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

(2) A licensed insurer commits an offence if the licensed insurer does not give the returns mentioned in subsection (1) in the way—

(a) prescribed by regulation; or

(b) if the CTP regulator directs the insurer, in writing, to give the returns in a stated way—that the CTP regulator directs.

Maximum penalty: 100 penalty units.

Note Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

(3) A licensed insurer commits an offence if the licensed insurer does not include in the returns mentioned in subsection (1) the details—

(a) prescribed by regulation; and

(b) if the CTP regulator directs the insurer, in writing, to include stated details—that the CTP regulator directs.

Maximum penalty: 100 penalty units.

Note Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

(4) A licensed insurer commits an offence if the licensed insurer, when giving the returns mentioned in subsection (1), does not also give the CTP regulator the documents—

(a) prescribed by regulation; or

(b) if the CTP regulator directs the insurer, in writing, to give stated documents—that the CTP regulator directs.

Maximum penalty: 100 penalty units.

Note Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

(5) A licensed insurer commits an offence if the licensed insurer does not give the returns mentioned in subsection (1) to the CTP regulator—

(a) not later than 6 weeks after the end of each quarter; or

(b) if the CTP regulator directs, in writing, the licensed insurer to give the returns at another stated time—not later than the stated time.

Maximum penalty: 100 penalty units.

Note Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

The CTP regulator may make publicly available a copy of any return, and any document accompanying a return, given to the CTP regulator under section 213.

(1) The CTP regulator may appoint an appropriately qualified person (an appointed auditor) to audit or inspect, and report to the CTP regulator on—

(a) the accounting records of a licensed insurer; or

(b) other records relating to the business or financial position of a licensed insurer; or

(c) the licensed insurer’s compliance with each of the following:

(i) the CTP premium guidelines;

(ii) the medical and rehabilitation guidelines;

(iii) the business plan guidelines;

(iv) the CTP guidelines;

(v) any other guidelines made under this Act.

(2) An appointed auditor is, in exercising a function under this section, entitled to inspect the accounting and other records of the licensed insurer.

(3) An appointed auditor exercising a function under this section has qualified privilege in a proceeding for defamation for any statement that the appointed auditor makes orally or in writing in the course of exercising the function.

(4) In this section:

accounting records, of a licensed insurer, include the following:

(a) invoices;

(b) receipts;

(c) orders for the payment of amounts;

(d) bills of exchange;

(e) cheques;

(f) promissory notes;

(g) vouchers and other prime entry documents;

(h) records relating to how a licensed insurer’s third-party funds and other funds are invested;

(i) the working papers and other documents that are necessary to explain the methods and calculations by which accounts are made up.

A licensed insurer commits an offence if—

(a) an appointed auditor is exercising a function under section 215 in relation to the licensed insurer; and

(b) the licensed insurer does not provide all reasonable assistance requested by the auditor to allow the exercise of the function.

Maximum penalty: 100 penalty units.

Note Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

(1) The CTP regulator may carry out an audit to work out the profitability of a licensed insurer and, in carrying out the audit, may exercise a function of an appointed auditor.

(2) The CTP regulator must report on the audit, on a confidential basis, to APRA.

(1) The CTP regulator may ask a licensed insurer to give the CTP regulator stated information about the business and financial position of—