New South Wales Consolidated Acts

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MOTOR ACCIDENTS COMPENSATION ACT 1999

- As at 4 May 2017
- Act 41 of 1999

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1.1 - INTERPRETATION AND APPLICATION

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   3A.     General restrictions on application of Act
   3B.     Restrictions on application of claims provisions-accident must be insured or work accident
   4.      Meaning of “owner” of motor vehicle
   5.      Objects of Act
   5A.     (Repealed)
   6.      Interpretation and application of Act by reference to objects
   7.      Notes

   PART 1.2 - NO-FAULT CLAIMS-CHILDREN AND BLAMELESS ACCIDENTS

           Division 1 - Recovery for blameless accidents

   7A.     Definition of “blameless motor accident   7B.     Liability for damages in case of blameless motor accident
   7C.     Presumption that motor accident is blameless
   7D.     Accident must occur in New South Wales after commencement
   7E.     No coverage for driver who caused accident
   7F.     Contributory negligence
   7G.     Recovery of contribution from person actually at fault
   7H.     No recovery by Nominal Defendant unless owner or driver actually at fault
   7I.     Other entitlements not affected

           Division 2 - No-fault recovery by children

   7J.     Damages for children where driver not at fault
   7K.     Claims where child at fault
   7L.     Special provision where child and driver at fault
   7M.     Recovery of contribution from person actually at fault
   7N.     No recovery by Nominal Defendant unless owner or driver actually at fault
   7O.     Other entitlements not affected
   7P.     Relationship with Division 1

CHAPTER 2 - THIRD-PARTY INSURANCE

   PART 2.1 - COMPULSORY INSURANCE

   8.      Offence of using uninsured motor vehicle on road
   9.      Exception from compulsory insurance

   PART 2.2 - INSURANCE POLICIES

   10.     Third-party policies
   10A.    Treatment of certain vehicles for purposes of third-party policy
   11.     Issue of certificate of insurance
   12.     Evidence of insurance in respect of motor vehicle
   13.     Commencement and duration of third-party policy
   14.     Cancellation of third-party policies
   15.     Risks not insured under third-party policies
   15A.    Exclusion of acts of terrorism from insurance coverage
   16.     Indemnification of insured persons
   17.     Liability of licensed insurers and insured persons where correct insurance premiums not paid
   18.     Effect of change of ownership of motor vehicle or trader’s business
   19.     Notice of change of registered particulars and other information relating to motor vehicles
   20.     Right of insurer against unauthorised driver of motor vehicle
   21.     Recovery of an excess in certain cases
   22.     Extension of indemnity to insured person’s estate
   23.     Entry of judgment against licensed insurer

   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

   31.     Application of Part
   32.     Nominal Defendant
   33.     Claim against Nominal Defendant where vehicle not insured
   34.     Claim against Nominal Defendant where vehicle not identified
   34A.    Rejection of claim for failure to make due inquiry and search to establish identity of vehicle
   35.     Claim against Nominal Defendant where a NSW registered trailer is attached to a motor vehicle not registered in NSW
   35A.    Exclusion of acts of terrorism from claims against Nominal Defendant
   36.     Nominal Defendant as tortfeasor
   37.     Payment of claims against Nominal Defendant
   38.     Licensed insurers to act for Nominal Defendant
   39.     Recovery from owner or driver
   40.     Establishment of Nominal Defendant’s Fund
   41.     Collections for Nominal Defendant’s Fund

CHAPTER 3 - MOTOR ACCIDENT INJURIES

   PART 3.1 - PRELIMINARY

   42.     Definitions
   43.     Application of Chapter
   43A.    Application of Chapter to treatment and care needs covered by Lifetime Care and Support Scheme
   44.     Medical Guidelines of Authority
   45.     Special requirements relating to Motor Accidents Medical Guidelines relating to impairment

   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.    Motor Accidents Medical Assessment Service
   58.     Application
   59.     Appointment of medical assessors
   59A.    Protection of medical assessors
   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.     Authority monitoring and oversight

CHAPTER 4 - MOTOR ACCIDENT CLAIMS

   PART 4.1 - PRELIMINARY

   66.     Definitions
   67.     Application of Chapter
   68.     Claims Handling Guidelines of Authority
   69.     Claims Assessment Guidelines of Authority

   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

   88.     Definitions
   89.     Application

           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.     Arrangements for assessment
   94.     Assessment of claims
   94A.    Claims assessor may assess costs
   95.     Status of assessments
   96.     Special assessments of certain disputes in connection with claims
   97.     Regulations

           Division 3 - Provisions relating to claims assessors

   98.     Motor Accidents Claims Assessment and Resolution Service
   99.     Appointment of claims assessors
   99A.    Principal Claims Assessor
   100.    Power of claims assessor to require information
   101.    Power of claims assessor to provide documents and information to a party
   102.    Summons to appear at assessment conference
   103.    Protection of claims assessors
   104.    Proceedings before claims assessors
   105.    Control and direction of claims assessors
   106.    Motor Accidents monitoring and oversight

   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 claims assessor

   PART 4.6 - MISCELLANEOUS PROVISIONS

   116.    Licensed insurers to deter fraudulent claims
   117.    False claims
   118.    Remedy available where claim fraudulent
   119.    Joinder of insurer where false claim alleged
   120.    Claims register
   121.    Regulation of advertising and other marketing of services

CHAPTER 5 - AWARD OF DAMAGES

   PART 5.1 - APPLICATION

   122.    Damages in respect of motor accidents
   123.    General regulation of court awards

   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

   131.    Impairment thresholds for award of damages for non-economic loss
   132.    Assessment of impairment required before award of damages for non-economic loss if dispute over impairment threshold
   133.    Method of assessing degree of impairment
   134.    Maximum of amount of damages for non-economic loss
   135.    Publication of information to assist determination of 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

   184.    Interpretation
   185.    Insolvent insurers
   186.    Liquidator to notify Nominal Defendant of claims
   187.    Delivery of documents to Nominal Defendant
   188.    Appointment of Nominal Defendant as agent and attorney of insured
   189.    Payments to insured or liquidator
   190.    Application of Nominal Defendant’s Fund
   191.    Recovery of amounts under contracts or arrangements for re-insurance
   192.    Payments of compensation when insolvent insurer dissolved
   193.    Borrowings for the purposes of the Nominal Defendant’s Fund
   194.    Inspection of documents by person authorised by Minister
   195.    Nominal Defendant may take certain legal proceedings
   196.    Insurers or other persons may act for Nominal Defendant
   197.    Regulations

CHAPTER 8 - ADMINISTRATION

   PART 8.1 - FUNCTIONS OF AUTHORITY

           198-205. (Repealed)
   206.    Authority’s functions under this Act
           PARTS 8.2, 8.3 - (Repealed)
           None

   PART 8.4 - FINANCIAL PROVISIONS

   211.    Definitions
   212.    Motor Accidents Operational Fund
   213.    Assessment by Authority of amount to be contributed to Fund
   214.    Contributions to Fund by persons to whom third-party policies issued
   214A.   Payment and collection of Fund levy
   214AA.  Refund of Fund levy
   214B.   Records relating to collection of Fund levies
   214C.   Audit of Fund levy records
   215.    (Repealed)
   215A.   Payment of workers compensation indemnity on behalf of insurers

CHAPTER 9 - MISCELLANEOUS

   216.    No contracting out of Act
   217.    Secrecy of information obtained from or relating to insurers or proposed insurers
   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.    (Repealed)
   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 2 (Repealed)
           SCHEDULE 3
           Schedule 4 (Repealed)
           SCHEDULE 5


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