MOTOR ACCIDENT INSURANCE ACT 1994 - As at 1 February 2024 - Act 9 of 1994
- As at 1 February 2024 - Act 9 of 1994Table of Provisions
PART 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Definitions
- 4A References to insurer’s premium, a fee or costs
- 4B Meaning of act of terrorism
- 5 Application of this Act
PART 2 - MOTOR ACCIDENT INSURANCE COMMISSION
Division 1 - Establishment of the commission
- 6 Establishment of commission
- 7 Constitution of the commission
- 8 Commission to be body corporate
- 9 Power of delegation
- 9A Commission is statutory body
Division 2 - General functions of commission
Division 3 - Insurance premiums
- 12 Insurance premiums
- 13 The insurer’s premium
- 13A Premium rates
- 14 Recommendations about levies and administration fee
- 14A Fixing levies and administration fee
- 15 Report and recommendations when costs of insurance exceed the affordability index 15A. (Repealed)
Division 4 - The Nominal Defendant
- 16 The Nominal Defendant
- 16A Nominal Defendant is statutory body
- 17 Nominal Defendant to keep public office
- 18 Nominal Defendant taken to be licensed insurer
Division 5 - Annual report
- 19 Annual report
PART 3 - COMPULSORY INSURANCE
Division 1 - Obligation to insure
Division 2 - Selection of insurer
- 21 Selection of insurer
- 22 Licensed insurer can not decline CTP business
- 23 Statutory policy of insurance
- 24 Transfer of registration
- 25 Motor vehicle must be insured under correct class
- 26 Non application in certain cases
Division 3 - Disbursement of gross insurance premiums
- 27 Disbursement of gross premiums by transport administration
- 27A Disbursement of gross premiums by insurers who receive premiums directly
Division 4 - The statutory funds
Division 5 - Transfer of CTP business
- 30 Transfer of CTP business
PART 4 - CLAIMS
Division 1 - The insurer
- 31 Principles for determining the insurer
- 32 Self-insurer as the insurer
- 33 Nominal Defendant as the insurer
Division 2 - Duty to notify accidents and claims and provide information
Division 2A - Law practice certificates generally and certificates before notice of claim
- 36A Law practice retained by claimant before notice of claim
- 36B Meaning of law practice certificate
- 36C Supervising principal cannot complete law practice certificate or notice
- 36D False or misleading law practice certificate
- 36E Law practice referral through sale of business
Division 3 - Claims procedures
- 37 Notice of accident claim
- 37AA Law practice certificate not given
- 37AB Law practice retained by claimant after notice of claim
- 37A Additional information form
- 37B Witness information request made by insurer
- 38 Multiple insurers
- 39 Response to the notice of claim
- 39A Duty to give law practice certificate if waiver or presumption
- 40 Minority and legal disabilities
- 41 Insurer must attempt to resolve claim
- 41A Supervising principal must complete law practice certificate on settlement or judgment
- 42 Payment of medical expenses etc.
- 43 Insured person not to admit liability
- 44 Power of insurer to act for insured 44A. (Repealed) 44B. (Repealed) 44C. (Repealed) 44D. (Repealed)
Division 4 - Cooperation between claimant and insurer
- 45 Duty of claimant to cooperate with insurer
- 45A Panels of recognised medical experts
- 46 Claimant and insurer may jointly arrange for expert report
- 46A Examination of claimant by medical expert in absence of agreement between the parties
- 46B Costs of obtaining expert reports where reports obtained by agreement
- 47 Duty of insurer to cooperate with claimant
- 48 Non-disclosure of certain material
- 49 Privilege
Division 4A - Enforcement of divisions 2, 3 and 4
- 50 Court’s power to enforce compliance with divs 2, 3 and 4
Division 5 - Rehabilitation
- 51 Obligation to provide rehabilitation services
Division 5A - Compulsory conference
- 51A Compulsory conference
- 51B Procedure at conference
- 51C Parties to exchange mandatory final offers if claim not settled at compulsory conference
- 51D Time for bringing action
Division 6 - Proceedings in court
- 52 Insurer to be joint or sole defendant
- 52A Recovery of contribution by or from Nominal Defendant in certain cases
- 52B Exclusion of summary judgment on the basis of admissions
- 53 Insurer’s right to call and cross-examine insured person 54. (Repealed)
- 55 Exemplary, punitive or aggravated damages 55A. (Repealed) 55B. (Repealed) 55C. (Repealed) 55D. (Repealed) 55E. (Repealed)
- 55F Costs in cases involving relatively small awards of damages 56. (Repealed)
- 57 Alteration of period of limitation
Division 6A - Extraterritorial operation of limitation of liability
- 57A Application of limitation of liability to foreign awards 57B. (Repealed)
Division 7 - Insurer’s rights of recourse
- 58 Insurer’s rights of recourse
- 59 Recovery in case of fraud
- 60 Nominal Defendant’s rights of recourse for uninsured vehicles
- 60A Access to information etc.
- 61 Nominal Defendant’s rights of recourse against insurer
Division 8 - Changes to claim process if insurance agency is contributor
- 61A Claim process if insurance agency liable to contribute
Division 9 - Obligation to provide information to insurance agency
- 61B Giving insurance agency notice about particular matters
PART 5 - LICENSED INSURERS
Division 1 - Licensing of insurers
- 62 Application for licence
- 63 Determination of application
- 64 Conditions of licence
- 65 Industry deed
- 66 Withdrawal or suspension of licence
- 67 Effect of withdrawal or suspension on existing liabilities etc.
- 67A When State may underwrite CTP insurance policies
- 68 Review of the commission’s decisions by QCAT
Division 2 - Supervision of licensed insurers
- 69 Business plans of licensed insurers
- 70 Accounts and returns of licensed insurers
- 71 Audit of accounts
- 72 Information to be provided by insurers
- 72A Declarations from licensed insurer
- 73 Power of Supreme Court to deal with licensed insurers
Division 3 - (Repealed)
PART 5AA - REFERRALS OF CLAIMS AND CONTACT TO SOLICIT OR INDUCE CLAIMS
- 74 Giving or receiving consideration for claim referrals
- 74A Meaning of consideration for s 74
- 75 Approach or contact for the purpose of making a claim
- 76 Responsibility for acts or omissions of representative
- 77 Additional consequences for law practice
- 78 Injunction to prevent or restrain a contravention of s 74 or 75
- 79 Maximum amount of claim-related costs that may be charged and recovered
- 80 Extraterritorial application of part
PART 5A - ENFORCEMENT
Division 1AA - Interpretation
- 81 Definitions for part
- 82 References to exercise of powers
- 83 Reference to document includes reference to reproductions from electronic document 84. (Repealed) 85. (Repealed) 86. (Repealed) 87. (Repealed)
Division 1 - Authorised persons
- 87A Appointment of authorised person
- 87B Functions and powers of authorised person
- 87C Authorised person’s employment conditions
- 87D Authorised person’s identity card
- 87E Production or display of identity card
- 87F Protection from liability
Division 2 - Entry of places by authorised persons
Subdivision 1 - Power to enter- 87G General power to enter places Subdivision 2 - Entry by consent
- 87H Application of subdivision
- 87I Incidental entry to ask for access
- 87J Matters authorised person must tell occupier
- 87K Consent acknowledgement Subdivision 3 - Entry under warrant
- 87L Application for warrant
- 87M Issue of warrant
- 87N Electronic application
- 87O Additional procedure if electronic application
- 87P Defect in relation to a warrant
- 87Q Entry procedure
Division 3 - Other authorised persons’ powers and related matters
Subdivision 1 - General powers of authorised persons after entering places- 87R Application of subdivision
- 87RA General powers
- 87RB Power to require reasonable help
- 87RC Offence to contravene help requirement Subdivision 2 - Seizure by authorised persons
- 87RD Seizing evidence at a place that may be entered without consent or warrant
- 87RE Seizing evidence at a place that may be entered only with consent or warrant
- 87RF Seizure of property subject to security
- 87RG Power to secure seized thing
- 87RH Offence to contravene seizure requirement
- 87RI Offence to interfere
- 87RJ Receipt and information notice for seized thing
- 87RK Access to seized thing
- 87RL Return of seized thing Subdivision 3 - Forfeiture
- 87RM Forfeiture by commission decision
- 87RN Information notice about forfeiture decision Subdivision 4 - Dealing with property forfeited or transferred to State
- 87RO When thing becomes property of the State
- 87RP How property may be dealt with Subdivision 5 - Other information-obtaining powers of authorised persons
- 87RQ Power to require name and address
- 87RR Offence to contravene personal details requirement
- 87RS Power to require information
- 87RT Offence to contravene information requirement
Division 4 - Miscellaneous provisions relating to authorised persons
Subdivision 1 - Damage- 87RU Duty to avoid inconvenience and minimise damage
- 87RV Notice of damage Subdivision 2 - Compensation and costs of investigation
- 87RW Compensation
- 87RX Costs of investigation Subdivision 3 - Other offences relating to authorised persons
- 87RY Obstructing authorised person
- 87RZ Impersonating authorised person
Division 4A - Reviews and appeals about particular decisions
Subdivision 1 - Internal review- 87S Review process must start with internal review
- 87SA Who may apply for internal review
- 87SB Requirements for application
- 87SC Internal review
- 87SD Decision notice Subdivision 2 - Staying operation of original decision
- 87SE Court may stay operation of original decision Subdivision 3 - Appeals
- 87SF Appealing internal review decision
- 87SG Staying operation of internal review decision
- 87SH Powers of court on appeal
- 87SI Effect of court’s decision on appeal
Division 5 - Fraud and false and misleading statements
- 87T Offences involving fraud
- 87U False or misleading information or documents about claim
- 87UA Giving authorised person false or misleading information
Division 6 - Information from commissioner of police service
Subdivision 1 - Risk to authorised person’s safety- 87V Commission’s power to obtain criminal history report for authorised person’s safety
- 87VA Confidentiality of criminal history under s 87V Subdivision 2 - Offence against this Act or National Injury Act
- 87VB Commission’s power to obtain criminal history report about offence
- 87VC Confidentiality of information under s 87VB
Division 7 - Proceedings
Division 8 - Evidence
- 87X Evidentiary certificates given by the commission and transport administration
Division 9 - Miscellaneous
PART 5B - SPECIAL INVESTIGATIONS
- 87ZA Definitions for part
- 87ZB Reference to document includes reference to reproductions from electronic document
- 87ZC Appointment of investigator
- 87ZD Delegation of powers by investigator
- 87ZE Investigation of related body corporate
- 87ZF Powers of investigators
- 87ZG Documents produced to investigator
- 87ZH Examination of investigated person or associated person
- 87ZI Self-incrimination and legal professional privilege
- 87ZJ Failure of person to comply with requirement of investigator
- 87ZK Recording of examination
- 87ZL Report of investigator
- 87ZM Admission of investigator’s report in evidence
- 87ZN Documents taken during investigation
- 87ZO Costs of investigation
- 87ZP Other offences about investigations
- 87ZQ Evidential immunity for individuals complying with particular requirements
- 87ZR Extraterritorial application of part
- 87ZS Confidentiality of information
PART 6 - MISCELLANEOUS
- 88 Information to be provided by licensed insurers
- 88A Commission’s power to intervene to establish information processing systems
- 89 Register of claims
- 90 Transport administration to provide certain information
- 91 Insolvent insurers
- 92 Disclosure of information 93. (Repealed)
- 94 Interference with certain documents
- 95 Unauthorised policies
- 96 Inducement for CTP insurance business prohibited
- 97 CTP premiums not to be discounted etc. 97A. (Repealed) 97B. (Repealed) 98. (Repealed)
- 99 Penalties for offences
- 100 Regulations
- 100A Indexation of particular amounts
- 101 Periodical reviews
PART 7 - TRANSITIONAL PROVISIONS
Division 1 - Provisions for Act before commencement of Motor Accident Insurance Amendment Act 1999 and a related matter
- 102 Insurance Act 1960 references
- 103 Motor Vehicles Insurance Act 1936 references
- 104 Personal injury claims
- 105 (Expired)
- 106 Nominal Defendant
Division 2 - Provision for Motor Accident Insurance Amendment Act 1999
- 107 Regulation for assessment period starting before 30 June 1999
Division 3 - Provisions for Motor Accident Insurance Amendment Act 2000
- 108 Application of amendments made by the Motor Accident Insurance Amendment Act 2000 to motor vehicle accident claims
- 109 Special provision about financial years
- 110 Ratification of action taken in anticipation of amendments made by the Motor Accident Insurance Amendment Act 2000
Division 4 - Provision for Treasury Legislation Amendment Act (No. 2) 2002
- 111 Ratification of action taken in anticipation of amendments made by Treasury Legislation Amendment Act (No. 2) 2002 112. (Repealed)