Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The objects of this Bill are as follows:

(a) to extend the early payment scheme (for treatment and lost earnings of injured
persons) and bulk billing arrangements under the Motor Accidents
Compensation Act 1999 to all injured persons (including those who are at fault
in a motor accident),

(b) to allow greater flexibility in the adjustment of the Motor Accidents Authority
Fund levy by allowing the Authority to vary the period in respect of which
contributions to the Fund are to be determined,

(c) to make provision for refunds, on a pro rata basis, of amounts that are
contributed to the Motor Accidents Authority Fund and the Lifetime Care and
Support Authority Fund in certain circumstances.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

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Explanatory note page 2

Motor Accidents Compensation Amendment Bill 2009
Explanatory note
Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Schedule 1 Amendment of Motor Accidents
Compensation Act 1999 No 41
Schedule 1 [5] amends section 50 of the Motor Accidents Compensation Act 1999 to
extend the early payment scheme (that is, the payment of treatment expenses and lost
earnings of persons injured in a motor accident by the insurer who issued the relevant
third-party policy) to all injured persons (whether or not the person’s injuries were
caused by the fault of the owner or driver of the vehicle in the use or operation of the
vehicle and even if the motor accident was caused by the fault of the injured person).

Schedule 1 [1], [3], [4] and [6] make consequential amendments.

Schedule 1 [7] makes it clear that the bulk billing arrangements that may be entered
into by the Authority with respect to hospital, ambulance and other expenses may
extend to cover such expenses for persons injured in a motor accident even if the
motor accident was caused, wholly or partly, by the fault of the injured person.

Schedule 1 [2] makes a consequential amendment.

Currently, the Motor Accidents Authority is required to determine the Motor
Accidents Authority Fund levy on a yearly basis. Schedule 1 [9] enables the
Authority to assess the amount of the levy within a period determined by the
Authority to allow greater flexibility in the adjustment of the levy. Schedule 1 [8],
[10] and [12] make consequential amendments.

Schedule 1 [11] makes provision for refunds, on a pro rata basis, of amounts that are
contributed to the Motor Accidents Authority Fund in conjunction with the payment
of the premium of a third-party policy if the policy is cancelled on the cancellation
of the registration of the motor vehicle to which the policy relates.

Schedule 1 [13] enables regulations of a savings and transitional nature to be made
as a consequence of the enactment of the proposed Act.

Schedule 1 [14] inserts savings and transitional provisions into Schedule 5
consequent on the amendments referred to above.

Schedule 2 Amendment of Motor Accidents
(Lifetime Care and Support) Act 2006
No 16
Schedule 2 makes provision for refunds, on a pro rata basis, of amounts that are
contributed to the Lifetime Care and Support Authority Fund in conjunction with the
payment of the premium of a third-party policy if the policy is cancelled on the
cancellation of the registration of the motor vehicle to which the policy relates.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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