MOTOR VEHICLES ACT 1959 - SECT 134
MOTOR VEHICLES ACT 1959 - SECT 134
134—Persons entitled to act in connection with claims
(1) A person must
not—
(a) for
or in the expectation of directly or indirectly receiving any reward accept
any instructions or authority to act on behalf of any person in respect of the
making, commencement, resisting, negotiation, compromise or settlement of any
claim or action for damages for death, bodily injury, or injury to property,
arising out of the use of a motor vehicle; or
(b) for
or in the expectation of directly or indirectly receiving any reward make,
commence, resist, negotiate, compromise or settle or cause to be made,
commenced, resisted, negotiated, compromised or settled on behalf of any
person, any such claim or action; or
(c) hold
themself out as being willing to act for reward on behalf of any person in
making, commencing, resisting, negotiating, compromising or settling any such
claim or action.
Maximum penalty: $750.
(2) This section does
not apply to—
(a) any
qualified legal practitioner acting in the course of the legal practitioner's
profession;
(b) any
officer of an association formed for the protection of the interests of
employees and whether registered under any Commonwealth or State Act or not,
when acting in the course of the officer's duties for a member of that
association;
(c) any
person employed or instructed by an approved insurer to act on its behalf in
connection with—
(i)
any claim or action in a case where the insurer is liable
to indemnify the person against whom the claim is made or the action brought;
(ii)
any claim for injury to property in a case where the
insurer is exercising rights of subrogation in respect of that injury and
where the person so employed or instructed limits themself to making and
settling the claim without threatening or otherwise referring to legal
proceedings in respect of the claim.
(3) An agreement to
pay money for work done or services rendered contrary to this section is void
and any money so paid is recoverable by the person who has paid it.