MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 75 Approach or contact for the purpose of making a claim

MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 75

75 Approach or contact for the purpose of making a claim

(1) A person (the
"first person" ) must not personally approach or contact another person (the
"second person" ) and solicit or induce the second person to make a claim.

Penalty—

Maximum penalty—300 penalty units.

(2) For subsection (1) , a person personally approaches or contacts another person if the person specifically contacts that person, whether in person or by mail, telephone, email or another form of electronic communication.

(3) This section does not apply if—

(a) the first person—

(i) does not expect or intend to receive, and does not receive, consideration because of the approach or contact; and

(ii) does not ask for someone else to receive, or agree to someone else receiving, consideration because of the approach or contact; or

(b) the first person—

(i) is a law practice or lawyer that is supplying, or has previously supplied, the second person, or a relative of the second person, with legal services; and

(ii) reasonably believes the second person will not object to the approach or contact; or

(c) the first person—

(i) is a law practice or lawyer that has been asked by a person on behalf of a community legal service or industrial organisation (a
"representative" ) to approach or contact the second person; and

(ii) has been advised by the representative that the representative reasonably believes the second person will not object to the approach or contact.

(4) This section applies regardless of whether—

(a) the second person is entitled to make the claim; or

(b) the second person had already decided to make, or had made, the claim.

(5) In this section—


"community legal service" see the Legal Profession Act 2007 , schedule 2 .


"consideration" means a fee or other benefit but does not include a gift, other than money, or hospitality if the gift or hospitality has a value of $200 or less.


"industrial organisation" means a federal organisation, or an organisation, as defined under the Industrial Relations Act 2016 , schedule 5 .


"legal services" means work done, or business transacted, in the ordinary course of legal practice.