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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

CHAPTER 3 - MOTOR ACCIDENT INJURIES

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 (Repealed)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 (Repealed)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 (Repealed)

CHAPTER 4 - MOTOR ACCIDENT CLAIMS

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 5.3 - DAMAGES FOR NON-ECONOMIC LOSS

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

PART 7.2 - SUPERVISION OF LICENSED INSURERS

  • 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

PART 8.1 - FUNCTIONS OF AUTHORITY

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)

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