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MOTOR ACCIDENT INJURIES ACT 2017 - As at 1 April 2023 - Act 10 of 2017

- As at 1 April 2023 - Act 10 of 2017

Table of Provisions

PART 1 - PRELIMINARY

Division 1.1 - Introductory

  • 1.1 Name of Act
  • 1.2 Commencement
  • 1.3 Objects of Act

Division 1.2 - Interpretation

Division 1.3 - Application

  • 1.8 Application of Act to motor accidents occurring after commencement of Act
  • 1.9 General restrictions on application of Act
  • 1.10 Restrictions on application of Act--accident must be insured or work accident
  • 1.10A Liability of Nominal Defendant
  • 1.11 Application of Part 6 (Motor accident claims), Part 7 (Dispute resolution) and Division 10.3 (Bulk billing arrangements)

PART 2 - THIRD-PARTY INSURANCE

Division 2.1 - Compulsory insurance

Division 2.2 - Insurance policies

Division 2.3 - Insurance premiums

  • 2.19 Authority guidelines for the determination of premiums
  • 2.20 Third-party premiums
  • 2.21 Filing of premiums
  • 2.22 Rejection of premiums by Authority
  • 2.23 Insurers to disclose profit margins
  • 2.24 Risk equalisation
  • 2.25 Adjustment of premiums and Fund levies in case of excess profits or excess losses
  • 2.26 Special provisions relating to taxis and hire vehicles and other vehicles

Division 2.4 - Uninsured or unidentified motor vehicles

PART 3 - STATUTORY BENEFITS

Division 3.1 - Entitlement to statutory benefits

Division 3.2 - Statutory benefits for funeral expenses

Division 3.3 - Weekly payments of statutory benefits to injured persons

Division 3.4 - Statutory benefits for treatment and care

Division 3.5 - Restrictions and limitations on statutory benefits

Division 3.6 - Miscellaneous

PART 4 - AWARD OF DAMAGES

Division 4.1 - Application

Division 4.2 - Damages for economic loss

  • 4.5 Limits on economic loss
  • 4.6 Maximum for loss of earnings etc
  • 4.7 Future economic loss--claimant's prospects and adjustments
  • 4.8 Assessment of impairment of earning capacity if dispute over degree of impairment
  • 4.9 Damages for future economic loss--discount rate
  • 4.10 Economic loss reduction

Division 4.3 - Damages for non-economic loss

Division 4.4 - Other matters

PART 5 - RECOVERY FOR NO-FAULT MOTOR ACCIDENTS

PART 6 - MOTOR ACCIDENT CLAIMS

Division 6.1 - Preliminary

Division 6.2 - General duties of claimants and insurers

Division 6.3 - Preliminary matters relating to claims

Division 6.4 - Dealing with claims

Division 6.5 - Court proceedings on claims for damages

  • 6.29 Application
  • 6.30 Forum for court proceedings
  • 6.31 Claims assessment or exemption pre-condition for commencement of court proceedings
  • 6.32 Time limitations on commencement of court proceedings
  • 6.33 Insurer may require claimant to commence court proceedings
  • 6.34 Matter to be remitted for further claims assessment where significant new evidence produced in court proceedings
  • 6.35 Presumption of agency
  • 6.36 Proceedings against insurer if insured dead or unable to be served
  • 6.37 Proof of inability to serve process and give notice
  • 6.38 Disclosure of offers or assessment by Commission

Division 6.6 - Fraud in relation to claims

PART 7 - DISPUTE RESOLUTION

Division 7.1 - Preliminary

Division 7.2 - (Repealed)

None

Division 7.3 - Internal review

Division 7.4 - Merit review

  • 7.10 Definitions
  • 7.11 Internal review required before making merit review application
  • 7.12 Application for merit review
  • 7.13 Determination of merit review application
  • 7.13A Merit reviewer may assess costs
  • 7.14 Effect of merit review decision
  • 7.15 Review of merit review decision by review panel
  • 7.16 Regulations

Division 7.5 - Medical assessment

  • 7.17 Definitions
  • 7.18 Application of Division to treatment and care needs covered by Lifetime Care and Support Scheme
  • 7.19 Internal review required before medical assessment
  • 7.20 Medical assessment procedures
  • 7.21 Assessment of degree of permanent impairment
  • 7.22 Interim assessment of permanent impairment
  • 7.23 Status of medical assessments
  • 7.24 Further medical assessment after initial medical assessment
  • 7.25 Agreement between parties as to matters in dispute--further assessments and reviews
  • 7.26 Review of medical assessment by review panel
  • 7.27 Non-binding opinion of medical assessor
  • 7.28 Costs of medical assessment
  • 7.29. (Repealed)

Division 7.6 - Claims assessment

Subdivision 1 - Preliminary

Division 7.7 - Miscellaneous

  • 7.46 Compliance with Commission legislation is condition of insurer's licence
  • 7.47 Persons under legal incapacity
  • 7.48 Effect of decisions under this Part
  • 7.49 Advisory service
  • 7.50. (Repealed)
  • 7.51 Amendment of Schedule 2
  • 7.52 Restriction on health practitioners who may give evidence in court and other dispute resolution proceedings

PART 8 - COSTS AND FEES

PART 9 - INSURERS

Division 9.1 - Licensing of insurers

  • 9.1 Offence--unlicensed insurers
  • 9.2 Applications for licences
  • 9.3 Determination of application for licence
  • 9.4 Duration of licences
  • 9.5 Conditions of licences
  • 9.6 Matters that may be regulated by conditions of licences
  • 9.7 Matters not subject to conditions of licences
  • 9.7A Condition of licence not to engage excluded service providers
  • 9.8 Assignment of licences
  • 9.9 Suspension of licences
  • 9.10 Imposition of civil penalty on or censure of licensed insurer
  • 9.11 Cancellation of licences
  • 9.12 Assignment of policies following cancellation of licence and in other cases
  • 9.13 Records and evidence relating to licences
  • 9.14 Administrative reviews of licensing decisions by Civil and Administrative Tribunal
  • 9.15 Publication of information about insurers

Division 9.2 - Supervision of licensed insurers

Division 9.3 - Self-insurance for government bodies

Division 9.4 - Insolvent insurers

PART 10 - ADMINISTRATION

Division 10.1 - Functions of Authority

Division 10.2 - Motor Accident Guidelines

  • 10.2 Motor Accident Guidelines of Authority
  • 10.3 Special provision relating to insurance premiums matters in Guidelines
  • 10.4 Special provision relating to medical matters in Guidelines
  • 10.5 Consultation with insurance and legal stakeholders on Guidelines
  • 10.6 Publication and Parliamentary scrutiny of Guidelines
  • 10.7 Compliance with Guidelines condition of insurer's licence
  • 10.8 Regulations relating to Guidelines

Division 10.3 - Bulk billing arrangements

  • 10.9 Bulk billing arrangements for hospital, ambulance and other expenses
  • 10.10 Application of Division to treatment and care needs covered by Lifetime Care and Support Scheme

Division 10.4 - Financial provisions

Division 10.5 - Information collection and sharing

Division 10.6 - Investigative powers

  • 10.26 Definitions
  • 10.27 Appointment of investigation officers
  • 10.28 Powers of entry and inspection by investigation officers
  • 10.29 Search warrant
  • 10.30 Power to obtain information, documents and evidence
  • 10.31 Protection from incrimination
  • 10.32 Investigation officer may request assistance

PART 11 - MISCELLANEOUS

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