MOTOR ACCIDENTS COMPENSATION ACT 1999 - As at 19 October 2022 - Act 41 of 1999
- As at 19 October 2022
- Act 41 of 1999
Table of Provisions
CHAPTER 1 - PRELIMINARY
PART 1.1 - INTERPRETATION AND APPLICATION
PART 1.2 - NO-FAULT CLAIMS --CHILDREN AND BLAMELESS ACCIDENTS
Division 1 - Recovery for blameless accidents
Division 2 - No-fault recovery by children
CHAPTER 2 - THIRD-PARTY INSURANCE
PART 2.1 - COMPULSORY INSURANCE
PART 2.2 - INSURANCE POLICIES
PART 2.3 - INSURANCE PREMIUMS
24 Authority guidelines for the determination of premiums
25 Third-party premiums
26 Filing of full sets of premiums
27 Rejection of premiums by Authority
27A Effect of Lifetime Care and Support Scheme payments
28 Insurers to disclose profit margins
29 Premium risk adjustment
30 Maximum commission payable to insurers' agents
PART 2.4 - UNINSURED OR UNIDENTIFIED MOTOR VEHICLES
PART 3.1 - PRELIMINARY
PART 3.2 - EARLY PAYMENT FOR TREATMENT AND LOST EARNINGS OF INJURED PERSONS
46 Definitions
46A Application of Part
47 Payment for treatment and lost earnings of injured persons
47A Payment not required in relation to conduct that constitutes a serious offence
48 Notification of motor accident to police and submission of accident notification form to insurer
49 Accident notification forms
50 Acceptance of provisional liability by insurer
51 Limit on preliminary payments
52 Treatment expenses where treatment contrary to guidelines or exceeds limit
53 Treatment expenses not payable
PART 3.3 - PAYMENTS TO HOSPITALS , DOCTORS AND OTHERS
54 Bulk billing arrangements for hospital , ambulance and other expenses
55 Payment of hospital , ambulance, medical and other expenses not covered by bulk billing arrangement
56 Maximum fees payable by insurers for medical treatment and other treatment or services not provided at hospitals or for treatment at private hospitals
PART 3.4 - MEDICAL ASSESSMENT
57 Definitions
57A. (Repealed)
58 Application
59, 59A. (Repealed)
60 Medical assessment procedures
61 Status of medical assessments
62 Referral of matter for further medical assessment
63 Review of medical assessment by review panel
64 Costs of medical assessment
65. (Repealed)
PART 4.1 - PRELIMINARY
PART 4.2 - CLAIMS AND OTHER PRELIMINARY MATTERS
70 Reporting of motor accident to police
71 Authority 's access to police information
72 Time for and notice of making of claims
73 Late making of claims
74 Form of notice of claim
75 Other approved forms
76 Rejecting claims for failure to comply with section 74
77 Insured not to admit liability or act in respect of claim
78 Power of insurer to act for insured
79 Power of insurer to intervene in legal proceedings
PART 4.3 - DUTIES WITH RESPECT TO CLAIMS
80 General duty of insurer to try to resolve claim expeditiously
81 Duty of insurer with respect to admission or denial of liability
82 Duty of insurer to make offer of settlement
83 Duty of insurer to make hospital , medical and other payments
84 Duty of insurer with respect to rehabilitation of injured person
84A Duty of insurer to make interim payments in case of financial hardship
85 Duty of claimant to co-operate with other party
85A Duty of claimant to provide relevant particulars of claim
85B Consequences of failure to provide relevant particulars of claim
86 Medical and other examination of claimant
87 Duty of owner and driver to co-operate with insurer
PART 4.4 - CLAIMS ASSESSMENT AND RESOLUTION
Division 1 - Preliminary
Division 1A - Document exchange and settlement conference before claims assessment
89A Parties required to participate in settlement conference
89B Parties to exchange documents before settlement conference
89C Settlement offers to be made if claim not settled
89D Compliance with Division
89E Certain claims excluded from Division
Division 2 - Assessment of claims
90 Reference of claim
91 Time limits for referring claims
92 Claims exempt from assessment
93. (Repealed)
94 Assessment of claims
94A Commission may assess costs
95 Status of assessments
96 Special assessments of certain disputes in connection with claims
97. (Repealed)
Division 3 - (Repealed)
None
PART 4.5 - COURT PROCEEDINGS ON CLAIMS
107 Forum for court proceedings
108 Claims assessment or exemption pre-condition for commencement of court proceedings
109 Time limitations on commencement of court proceedings
110 Insurer may require claimant to commence court proceedings
111 Matter to be remitted for further claims assessment where significant new evidence produced in court proceedings
112 Presumption of agency
113 Proceedings against insurer if insured dead or unable to be served
114 Proof of inability to serve process and give notice
115 Disclosure of offers or assessment by Commission
PART 4.6 - MISCELLANEOUS PROVISIONS
CHAPTER 5 - AWARD OF DAMAGES
PART 5.1 - APPLICATION
PART 5.2 - DAMAGES FOR ECONOMIC LOSS
124. (Repealed)
125 Damages for past or future economic loss--maximum for loss of earnings etc
126 Future economic loss--claimant's prospects and adjustments
127 Damages for future economic loss--discount rate
128 (Renumbered)
129 (Renumbered)
130 Damages for economic loss--reduction because of other amounts paid or payable
130A. (Repealed)
PART 5.4 - OTHER MATTERS
136 Mitigation of damages
137 Payment of interest
138 Contributory negligence--generally
139. (Repealed)
140 Defence of voluntary assumption of risk
141 Standard of care not affected by knowledge of driver 's skill and experience
141A No damages relating to treatment and care needs for Lifetime Care and Support Scheme participants
141B Maximum amount of damages for provision of certain attendant care services
141C Respite care
142 Damages for the loss of services
143 Court may make consent order for structured settlement
144 Exemplary or punitive damages
145 Court to apportion damages
146 Indexation of amounts relating to award of damages
CHAPTER 6 - COSTS
147 Definitions
148 Application of Chapter
149 Regulations fixing maximum costs recoverable by Australian legal practitioners
150 Maximum fees recoverable by medical practitioners for medico-legal services
151 Costs where claims assessment made
152 Costs where court proceedings and no claims assessment
153 Other matters relating to costs
154 Court fees
155 Claims assessment fees
156 Exclusion of matters from this Chapter
CHAPTER 7 - INSURERS
PART 7.1 - LICENSING OF INSURERS
157 Offence--unlicensed insurers
158 Applications for licences
159 Determination of application for licence
160 Duration of licences
161 Conditions of licences
162 Matters that may be regulated by conditions of licences
163 Matters not subject to conditions of licences
164 Assignment of licences
165 Suspension of licences
166 Imposition of civil penalty on or censure of licensed insurer
167 Cancellation of licences
168 Assignment of policies following cancellation of licence and in other cases
169 Records and evidence relating to licences
170 Administrative reviews of licensing decisions by Civil and Administrative Tribunal
171 Authority guidelines for market practice
172 Determination of market share of each insurer
173 Business plans of licensed insurers
174 Re-insurance arrangements of licensed insurers
175 Investment of funds of licensed insurer
176 Accounts, returns and other records of licensed insurer
177 Audit of accounting records and of compliance with guidelines
178 Information and documents as to business and finances to be supplied to Authority by insurers and former insurers
179 Reports about insurers
180 Power of Supreme Court to deal with insurers unable to meet liabilities
181 Notification to Authority of certain defaults in relation to insurers
182 Powers of entry and inspection by authorised officers of Authority
183 Proceedings for failure to comply with licence
PART 7.3 - INSOLVENT INSURERS
CHAPTER 8 - ADMINISTRATION
198-205. (Repealed)
PART 8.4 - FINANCIAL PROVISIONS
CHAPTER 9 - MISCELLANEOUS
216 No contracting out of Act
217 Secrecy of information obtained from or relating to insurers or proposed insurers and other persons
218 Act to bind Crown
219, 220. (Repealed)
221 Certificate evidence
222 Service of documents generally
223 Service of documents on Authority or Motor Accidents Council
224 Service of documents on Nominal Defendant
225 Taxi and hire vehicle industry adjustment
226 Offences by corporations
227 Proceedings for offences
228 Regulations
229, 230. (Repealed)
231 Repeals
232 Savings, transitional and other provisions
233 Review of Act
Schedule 4 (Repealed)
http://www.austlii.edu.au/au/legis/nsw/consol_act/maca1999298/