2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

Part 1.1 Civil Law (Wrongs) Act 2002 196

Part 1.2 Road Transport (Alcohol and Drugs) Act 1977 198

Part 1.3 Road Transport (Dimensions and Mass) Act 1990 198

Part 1.4 Road Transport (Driver Licensing) Act 1999 198

Part 1.5 Road Transport (General) Act 1999 199

Part 1.6 Road Transport (General) Regulation 2000 201

Part 1.7 Road Transport (Offences) Regulation 2005 203

Part 1.8 Road Transport (Public Passenger Services) Act 2001 205

Part 1.9 Road Transport (Safety and Traffic Management) Act 1999 205

Part 1.10 Road Transport (Vehicle Registration) Act 1999 205

2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

An Act about third-party insurance, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Road Transport (Third-Party Insurance) Act 2007.

Note 1 This Act is part of the road transport legislation. See the Road Transport (General) Act 1999 for various provisions about the administration and enforcement of the road transport legislation generally.

Note 2 Other road transport legislation includes the following:

• Road Transport (Alcohol and Drugs) Act 1977

• Road Transport (Dimensions and Mass) Act 1990

• Road Transport (Driver Licensing) Act 1999

• Road Transport (Public Passenger Services) Act 2001

• Road Transport (Safety and Traffic Management) Act 1999

• Road Transport (Vehicle Registration) Act 1999.

Note 3 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

This Act commences on a day fixed by the Minister by written notice.

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘road transport legislation—see the Road Transport (General) Act 1999, section 6.’ means that the term ‘road transport legislation’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

In this Act:

personal injury means bodily injury and includes—

(a) psychological or psychiatric injury; and

(b) damage to spectacles, contact lenses, dentures, hearing aids, crutches, wheelchairs, artificial limbs and prosthetic devices; and

(c) death.

mental or nervous shock

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

In this Act:

motor accident means an incident that—

(a) involves the use or operation of a motor vehicle; and

(b) causes personal injury to an individual (the injured person); and

(c) happens when—

(i) someone is driving the motor vehicle; or

(ii) someone or something collides with the motor vehicle; or

(iii) someone takes action to avoid colliding with the motor vehicle; or

(iv) the motor vehicle runs out of control.

(1) For this Act:

use, a motor vehicle, includes—

(a) drive, park or stop the vehicle on a road or road related area; and

(b) maintain the vehicle; and

(c) if the vehicle is towing a trailer—use the trailer while attached to the vehicle; and

(d) if the vehicle is a tow truck towing or carrying an uninsured motor vehicle—use or operate the uninsured vehicle being towed or carried; and

(e) anything else prescribed by regulation.

(2) Also, if a trailer being towed by a motor vehicle becomes detached from the vehicle and runs out of control, the use of the vehicle is taken to include the trailer while it is running out of control.

In this Act:

insurance industry deed means a deed that—

(a) is between—

(i) the Territory; and

(ii) the nominal defendant; and

(iii) licensed insurers; and

(b) regulates the conduct of CTP insurance business and matters incidental to—

(i) the conduct of CTP insurance business; and

(ii) the compulsory third-party insurance scheme under this Act.

(1) The insurance industry deed may include provisions for each of the following:

(a) the requirements for licensed insurers to make disclosures and reports to the CTP regulator in accordance with stated standards and requirements;

(b) the apportionment of liability, and sharing of costs, between licensed insurers;

(c) the appointment of a person to arbitrate disputes between 2 or more licensed insurers about a motor accident claim;

(d) the sharing of information between CTP insurers for the mutual benefit of insurers;

(e) the management of motor accident claims under CTP policies;

(f) direction and guidance for licensed insurers about initiating, managing, monitoring and measuring the effectiveness of the provision of rehabilitation services for injured claimants;

(g) regulation, in any other way, of the conduct of CTP insurance business under the compulsory third-party insurance scheme under this Act.

(2) A regulation may prescribe—

(a) what may or must be included in the insurance industry deed; and

(b) anything else about the content of the deed.

In this Act:

CTP insurance business, for a licensed insurer, means any business of the insurer associated with CTP policies.

In this Act:

owner, of a registered motor vehicle, means each of the following people:

(a) a person who is a registered operator of the vehicle, unless the person has—

(i) sold the vehicle or the person’s interest in the vehicle; or

(ii) ceased to have possession of the vehicle;

(b) a person who is a sole or joint owner of the vehicle, unless the person has—

(i) sold the vehicle or the person’s interest in the vehicle; or

(ii) ceased to have possession of the vehicle;

(c) if a registered operator or sole or joint owner of the vehicle has sold the vehicle, or the person’s interest in the vehicle, or ceased to have possession of the vehicle—anyone who solely or jointly, or in common with someone else, is entitled to immediate possession of the vehicle.

In this Act:

owner, of an unregistered motor vehicle, means anyone who solely or jointly, or in common with someone else, is entitled to immediate possession of the vehicle.

For this Act, whether a person has possession, is entitled to possession or has ceased to have possession of a motor vehicle is not affected by a change in possession that happens because of—

(a) any hiring (other than a hiring under a hire-purchase agreement) or lending of the vehicle for not longer than 3 months; or

(b) the passing of possession of the vehicle to a bailee—

(i) for sale or disposal; or

(ii) for alteration, repair, renovation, storing, or a similar purpose not involving the use of the vehicle for the bailee’s benefit.

In this Act:

insured motor vehicle means a motor vehicle insured under a CTP policy.

Note The motor vehicles insured under a CTP policy are mentioned in s 19.

In this Act:

CTP insured person means a person who is insured under a CTP policy.

Note The people insured under a CTP policy are mentioned in s 20.

(1) A person commits an offence if—

(a) the person uses a motor vehicle on a road or road related area; and

(b) the vehicle is not an insured motor vehicle.

Maximum penalty: 50 penalty units.

Note 1 Use, a vehicle, is defined in s 8 and includes provisions about trailers. Road and road related area are defined in the dictionary.

Note 2 Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

(2) This section does not apply to a person who uses a motor vehicle on a road or road related area if the vehicle—

(a) may lawfully be used on the road or road related area although not registered; or

(b) is exempted from this section by regulation.

(3) It is a defence to a prosecution for an offence against this section if the defendant establishes that, at the time the motor vehicle was used on the road or road related area, the defendant believed on reasonable grounds that the vehicle was an insured motor vehicle.

Note A trailer does not have to be separately insured (see s 19, s 60 to s 63).

In this Act:

compulsory third-party policy (or CTP policy) means an insurance policy—

(a) the subject of which is something mentioned in section 19; and

(b) insures someone mentioned in section 20; and

(c) insures against the risk mentioned in section 21; and

(d) does not insure against a risk mentioned in section 22.

A CTP policy has the following subjects:

(a) the motor vehicle that is being registered, or the registration of which is being renewed, when the CTP insurer for the CTP policy is selected under Part 2.3 (Selecting a CTP insurer);

(b) a trailer or anything else that—

(i) is attached to the vehicle; or

(ii) becomes detached from the vehicle and runs out of control;

(c) anything else prescribed by regulation.

A CTP policy insures—

(a) a person who uses an insured motor vehicle; and

(b) anyone else who is vicariously liable for the person’s use of the insured motor vehicle; and

(c) anyone else prescribed by regulation; and

(d) if a person mentioned in paragraph (a), (b) or (c) is dead—the person’s estate.

A CTP policy insures against the risk of liability for personal injury caused by a motor accident.

(1) A CTP policy does not insure against the risk of 1 or more of the following:

(a) liability to pay compensation under the Workers Compensation Act 1951 (or a corresponding law of a State or another Territory);

(b) liability that may be incurred under an agreement unless the liability would have arisen without the agreement;

(c) liability that is attributable to an act that, having regard to the nature of the act and the context in which the act was done, it is reasonable to characterise as an act of terrorism;

(d) liability for personal injury, damage or loss—

(i) that arises independently of a wrongful act or omission; or

(ii) to the extent that the personal injury, loss or damage is attributable to the injured person’s own wrongful act or omission;

(e) liability to pay exemplary, punitive or aggravated damages;

(f) liability to pay damages for a personal injury that arises gradually from a series of incidents;

(g) any other liability prescribed by regulation.

(2) To remove any doubt, a CTP policy does not insure the owner or driver of a motor vehicle if—

(a) the motor vehicle is in an area that is subject to a declaration under the Road Transport (General) Act 1999, section 12 (Power to include or exclude areas in road transport legislation) that has the effect of disapplying this Act; or

(b) the motor vehicle is subject to a declaration under the Road Transport (General) Act 1999, section 13 (Power to exclude vehicles, people or animals from road transport legislation) that has the effect of disapplying this Act; or

(c) the owner or driver is subject to a declaration under the Road Transport (General) Act 1999, section 13 that has the effect of disapplying this Act.

(3) For subsection (1) (c)—

(a) an act cannot be characterised as an act of terrorism unless the act—

(i) causes or threatens to cause death, personal injury or damage to property; and

(ii) is designed to influence a government or intimidate the public or a section of the public; and

(iii) is carried out for the purpose of advancing a political, religious, ideological, ethnic or similar cause; and

(b) a lawful activity or industrial action cannot be characterised as an act of terrorism.

In this Act:

CTP insurer means—

(a) for an insured motor vehicle—the licensed insurer selected under Part 2.3 (Selecting a CTP insurer) as the CTP insurer for the motor vehicle; or

(b) for a CTP insured person—the CTP insurer for the CTP policy under which the person is insured; or

(c) for a CTP policy—the CTP insurer that issued the policy.

A licensed insurer cannot repudiate, or decline to issue or renew, a CTP policy.

(1) A CTP policy under this Act is binding on the CTP insurer for the CTP policy.

(2) The CTP insurer for a CTP policy is, despite any other law, liable to indemnify each CTP insured person for the CTP policy for the liability that the policy purports to cover.

(3) To remove any doubt, the reference to any other law in subsection (1) does not include a reference to—

(a) section 22 (What risks are not covered by a CTP policy?); or

(b) a declaration made under the Road Transport (General) Act 1999—

(i) section 12 (Power to include or exclude areas in road transport legislation); or

(ii) section 13 (Power to exclude vehicles, people or animals from road transport legislation).

(1) A CTP policy for a motor vehicle is not affected by—

(a) a change in ownership of the vehicle; or

(b) the transfer of the registration of the vehicle.

(2) If the road transport authority becomes aware of a change in the ownership or registration details of an insured motor vehicle, the road transport authority must tell the CTP insurer for the motor vehicle about the change.

The validity of a CTP policy is not affected by an error of the road transport authority, or an error of a licensed insurer, in relation to the policy.

If a person applies to the road transport authority for registration of a motor vehicle, the person must also—

(a) select, in a way approved by the road transport authority, a licensed insurer to be the CTP insurer under a CTP policy for the motor vehicle for the period of registration; and

(b) pay to the road transport authority the CTP premium for the CTP policy for the period of registration.

If a registered operator of a registered motor vehicle applies for renewal of registration for the motor vehicle, the registered operator must also—

(a) select, in a way approved by the road transport authority, a licensed insurer to be the CTP insurer under a CTP policy for the motor vehicle for the period of renewed registration; and

(b) pay to the road transport authority the CTP premium for the CTP policy for the period of renewed registration.

In this Act:

registered motor vehicle means a motor vehicle registered under—

(a) the Road Transport (Vehicle Registration) Act 1999; or

(b) the Interstate Road Transport Act 1985 (Cwlth).

If the road transport authority registers, or renews the registration of, a motor vehicle, a CTP policy comes into force for the motor vehicle when the registration, or renewal of registration, takes effect.

A CTP policy for a motor vehicle is in force for the period for which the CTP insurer is on risk under—

(a) section 33 (Insurer on risk—period of registration); or

(b) section 34 (Insurer on risk—period of grace).

(1) The CTP insurer of a motor vehicle is on risk for the period of registration of the motor vehicle.

(2) However, if registration is renewed before the previous period of registration ends—

(a) the old insurer is on risk until the previous period of registration expires; and

(b) the new insurer comes on risk immediately after the previous period of registration expires.

(3) A CTP insurer ceases to be on risk if the CTP policy is cancelled.

(4) In this section:

new insurer means the CTP insurer whose insurance is later in time.

Note The old insurer and the new insurer may be the same insurer or different insurers.

old insurer, in relation to a motor vehicle the registration of which is renewed during the period of grace or later, means the last CTP insurer of the vehicle before renewal.

period of registration means—

(a) the period, not longer than 1 year, for which the registration, or renewed registration, of a motor vehicle is to be in force; or

(b) if the registration, or renewed registration is cancelled or surrendered before the end of that period—the period for which the registration, or renewed registration, is actually in force.

renewal of registration of a motor vehicle includes registration of the vehicle after the previous registration has expired.

(1) If registration of a motor vehicle is renewed during the period of grace—

(a) the old insurer is on risk until midnight on the day registration is renewed; and

(b) the new insurer comes on risk immediately after midnight and is on risk for the period of renewed registration.

Note Period of grace is defined in s (4).

(2) If registration is renewed after the period of grace expires—

(a) the new insurer comes on risk at the time the renewal of registration is effected; and

(b) the motor vehicle is not an insured motor vehicle from the expiry of the previous period of registration until the renewal of registration takes effect.

(3) A CTP insurer ceases to be on risk if the CTP policy is cancelled.

(4) In this section:

new insurer means the CTP insurer whose insurance is later in time.

Note The old insurer and the new insurer may be the same insurer or different insurers.

old insurer, in relation to a motor vehicle the registration of which is renewed during the period of grace or later, means the last CTP insurer of the vehicle before renewal.

period of grace means the 14 days after the registration, or renewal of registration, of a motor vehicle expires.

Note There is no period of grace following the cancellation or surrender of registration or a renewal of registration of a motor vehicle.

period of registration—see section 33 (4).

renewal of registration of a motor vehicle includes registration of the vehicle after the previous registration has expired.

A CTP insurer has no power to cancel a CTP policy.

A CTP policy is cancelled if the registration of the motor vehicle to which the policy relates is cancelled.

In this Act:

CTP premium, for a CTP policy, means the insurance premium approved under this part for the CTP policy.

A licensed insurer may charge a premium for a CTP policy only if the premium is approved under this part.

Note It is a condition of a CTP insurer licence that the licensed insurer must comply with this section (see s 178).

(1) The CTP regulator may make guidelines for premiums for CTP policies (the CTP premium guidelines).

(2) The CTP premium guidelines may—

(a) state how CTP premiums are to be worked out and the factors to be taken into account in working out CTP premiums; and

(b) require licensed insurers to state how they have worked out CTP premiums; and

(c) state the additional information the CTP regulator may require licensed insurers to give to the CTP regulator—

(i) with an application for approval of a premium; or

(ii) to justify CTP premiums they have already given to the CTP regulator for approval.

for estimated investment earnings—the verification of assumptions, estimated profit, capital allocation to CTP insurance business

(3) The CTP premium guidelines are a notifiable instrument.

Note 1 A notifiable instrument must be notified under the Legislation Act.

Note 2 It is a condition of a CTP insurer licence that the licensed insurer must comply with CTP premium guidelines (see s 178).

(1) A licensed insurer must apply to the CTP regulator for approval of premiums the licensed insurer proposes to charge for CTP policies the licensed insurer intends to issue—

(a) after the defined period after the licensed insurer’s premiums were last approved by the CTP regulator; or

(b) if the CTP regulator, by written notice (an approval notice), requires the licensed insurer to apply for the approval.

(2) If a licensed insurer receives an approval notice, the licensed insurer must make the application not later than 4 weeks after the day the licensed insurer receives the approval notice.

Note 1 The CTP premium guidelines may state the additional information the CTP regulator may require licensed insurers to give to the CTP regulator with the application (see s 39).

Note 2 It is a condition of a CTP insurer licence that the licensed insurer must comply with this section (see s 178).

Note 3 If a form is approved under s 266 for this section, the form must be used.

Note 4 A fee may be determined under the Road Transport (General) Act 1999, s 96, for this section.

(3) In this section:

defined period means—

(a) 1 year; or

(b) if the CTP regulator allows a longer period of time—the longer period allowed by the CTP regulator.

(1) If a licensed insurer applies to the CTP regulator for approval of a premium for a CTP policy, the CTP regulator must—

(a) approve the premium; or

(b) reject the premium.

Note Criteria for rejecting the premium are in s 42. The licensed insurer may ask the CTP regulator to reconsider a rejected premium (see s 44).

(2) The CTP regulator must, not later than 6 weeks after the day the CTP regulator receives the application from the licensed insurer—

(a) decide whether to approve or reject the premium; and

(b) tell the licensed insurer—

(i) about the decision; and

(ii) the reasons for the decision.

The CTP regulator may reject a premium for a CTP policy only if the CTP regulator considers that—

(a) the premium will not fully fund the present and likely future liability under this Act of the licensed insurer; or

(b) having regard to actuarial advice and to other relevant financial information available to the CTP regulator, the premium is excessive; or

(c) the premium does not comply with the CTP premium guidelines.

A CTP premium will fully fund the present and likely future liability under this Act of a licensed insurer if the CTP premium is sufficient—

(a) to pay all acquisition and policy administration expenses of the licensed insurer; and

(b) to provide an amount of money that together with anticipated investment income is equal to the best estimate of the cost of motor accident claims plus motor accident claim settlement expenses (in inflated dollars) at the assumed date of settlement; and

(c) to provide a profit margin in excess of all motor accident claims, costs and expenses that represents an adequate return on capital invested and compensation for the risk taken; and

(d) to provide for other matters that a prudent insurer should, in all the circumstances, make provision for.

(1) If the CTP regulator rejects a premium for a CTP policy (the original decision), the licensed insurer may ask the CTP regulator to reconsider the rejected premium.

(2) Until the rejected premium is reconsidered, the CTP regulator may ask an actuary to decide a provisional premium for the CTP policy.

(3) A provisional premium has effect, until the CTP regulator makes a decision under subsection (4) in relation to the original decision, as if the provisional premium were a CTP premium.

(4) The CTP regulator must, not later than 4 weeks after the day the CTP regulator receives the request for reconsideration of the original decision from the licensed insurer—

(a) reconsider the original decision; and

(b) decide whether to approve or reject the premium; and

(c) tell the licensed insurer—

(i) about the decision; and

(ii) the reasons for the decision.

(1) If, under section 44, the CTP regulator again rejects a premium for a CTP policy, the matter must be arbitrated under this section.

(2) The Commercial Arbitration Act 1986 applies to the arbitration, subject to this Act.

(3) The arbitrator for the matter is—

(a) if the CTP regulator and the licensed insurer agree on an arbitrator—the agreed arbitrator; or

(b) if the CTP regulator and the licensed insurer do not agree on an arbitrator—the CTP premium board.

(4) However, if the matter has been arbitrated by an agreed arbitrator for 7 days and the parties cannot reach agreement, the CTP premium board must arbitrate the matter.

(5) The arbitrator may approve a premium for a CTP policy only if the premium is, in the arbitrator’s opinion, sufficient to fully fund the present and likely future liability of the licensed insurer under this Act.

Note 1 Criteria for deciding whether a CTP premium will fully fund the present and likely future liability under this Act of a licensed insurer are in s 43.

Note 2 A decision under this section by an arbitrator is a reviewable decision (see the Road Transport (General) Act 1999, pt 7 and the Road Transport (General) Regulation 2000).

(6) The regulations may make provision for the arbitration of matters.

(1) A licensed insurer must tell the CTP regulator the profit margin on which each CTP premium charged by the licensed insurer is based and the actuarial basis for working out that profit margin.

(2) The CTP regulator must assess—

(a) the profit margin; and

(b) the actuarial basis on which the profit margin is worked out.

(3) The CTP regulator must present a report about the assessments annually to the Legislative Assembly.

The CTP premium board (the CTP premium board) is established.

The CTP premium board has the following functions:

(a) to arbitrate matters about premiums for CTP policies;

(b) any other function prescribed by regulation.

(1) The CTP premium board has the following members:

(a) a chair;

(b) a government representative;

(c) 3 motorist representatives;

(d) 2 CTP insurer representatives.

(2) A person must not hold 2 or more positions mentioned in subsection (1).

(1) The Minister may appoint the members of the CTP premium board.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

(2) The only criteria for deciding whether to appoint a person as a member are—

(a) that the person has the experience or expertise necessary to exercise the functions of a member; and

(b) for the chair—that the person is also a senior lawyer; and

(c) for the government representative, that the person also—

(i) is a public servant; and

(ii) represents the interests of the Territory; and

(d) for a motorist representative—that the person also represents the interests of motorists; and

(e) for a CTP insurer representative—that the person also represents the interests of CTP insurers.

(3) The appointment of a member must be for a term of not longer than 3 years.

(4) The conditions of appointment of a member are the conditions stated in the appointment.

(5) In this section:

Australian legal practitioner—see the Legal Profession Act 2006, section 8.

senior lawyer means a lawyer who—

(a) is an Australian legal practitioner; and

(b) has been an Australian legal practitioner for at least 10 years; and

(c) has practised law in the area of personal injury matters for at least 5 years.

The CTP premium board may appoint a member, other than the chair, as deputy chair for the CTP premium board.

The Minister may end a CTP premium board member’s appointment—

(a) if the member contravenes a territory law; or

(b) for misbehaviour; or

(c) if the member becomes bankrupt or executes a personal insolvency agreement; or

(d) if the member is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or

(e) if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or

(f) if the member exercises the member’s functions other than in accordance with section 53; or

(g) if the member fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member’s functions; or

(h) if the member contravenes section 56 (Disclosure of interests by board members); or

(i) if the member is absent from 3 consecutive meetings of the board, otherwise than on approved leave; or

(j) for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.

Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

In exercising the functions of a CTP premium board member, a member must exercise the degree of honesty, care and diligence required to be exercised by a director of a corporation in relation to the affairs of the corporation.

A CTP premium board member must take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member’s functions.

The agenda for each meeting of the CTP premium board must include an item requiring any material interest in an issue to be considered at the meeting to be disclosed to the meeting.

(1) If a CTP premium board member has a material interest in an issue being considered, or about to be considered, by the CTP premium board, the member must disclose the nature of the interest at a board meeting as soon as practicable after the relevant facts come to the member’s knowledge.

Note Material interest is defined in s (4). The definition of indirect interest in s (4) applies to the definition of material interest.

(2) The disclosure must be recorded in the CTP premium board’s minutes and, unless the board otherwise decides, the member must not—

(a) be present when the board considers the issue; or

(b) take part in a decision of the board on the issue.

Albert, Boris and Chloe are members of a CTP premium board. They have an interest in an issue being considered at a CTP premium board meeting and they disclose the interest as soon as they become aware of it. Albert’s and Boris’s interests are minor but Chloe has a direct financial interest in the issue.

The CTP premium board considers the disclosures and decides that because of the nature of the interests:

• Albert may be present when the board considers the issue but not take part in the decision

• Boris may be present for the consideration and take part in the decision.

The board does not make a decision allowing Chloe to be present or take part in the board’s decision. Accordingly, since Chloe has a material interest she cannot be present for the consideration of the issue or take part in the decision.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) Any other CTP premium board member who also has a material interest in the issue must not be present when the board is considering its decision under subsection (2).

(4) In this section:

associate, of a person, means—

(a) the person’s business partner; or

(b) a close friend of the person; or

(c) a family member of the person.

executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation.

indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue:

(a) an associate of the person;

(b) a corporation if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the corporation;

(c) a subsidiary of a corporation mentioned in paragraph (b);

(d) a corporation if the person, or an associate of the person, is an executive officer of the corporation;

(e) the trustee of a trust if the person, or an associate of the person, is a beneficiary of the trust;

(f) a member of a firm or partnership if the person, or an associate of the person, is a member of the firm or partnership;

(g) someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business.

material interest—a CTP premium board member has a material interest in an issue if the member has—

(a) a direct or indirect financial interest in the issue; or

(b) a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of the issue.

(1) Within 3 months after the day a material interest is disclosed under section 56 (1), the chair of the CTP premium board must report to the Minister in writing about—

(a) the disclosure; and

(b) the nature of the interest disclosed; and

(c) any decision by the board under section 56 (2).

(2) The chair must also give the Minister, not later than 31 days after the end of each financial year, a statement that sets out the information given to the Minister in reports under subsection (1) that relate to disclosures made during the previous financial year.

(3) The Minister must give a copy of the statement to the relevant committee of the Legislative Assembly within 31 days after the day the Minister receives the statement.

(4) In this section:

relevant committee means—

(a) a standing committee of the Legislative Assembly nominated by the Speaker for subsection (3); or

(b) if no nomination under paragraph (a) is in effect—the standing committee of the Legislative Assembly responsible for public accounts.

(1) A CTP premium board member is not civilly liable for anything done or omitted to be done honestly and without recklessness—

(a) in the exercise of a function under a territory law; or

(b) in the reasonable belief that the act or omission was in the exercise of a function under a territory law.

(2) Any liability that would, apart from this section, attach to a CTP premium board member attaches instead to the Territory.

(1) For this Act, ACTIA is the nominal defendant.

(2) Any action or proceeding by or against the nominal defendant must be taken in the name of the ‘nominal defendant’.

(3) In this section:

ACTIA means the Australian Capital Territory Insurance Authority established under the Insurance Authority Act 2005.

(1) For this Act:

uninsured motor vehicle—

(a) means a motor vehicle for which there is no CTP policy in force; and

(b) includes a trailer that—

(i) is attached to an uninsured motor vehicle; or

(ii) runs out of control after becoming accidentally detached from an uninsured motor vehicle; and

(c) includes anything else prescribed by regulation.

(2) To avoid any doubt, it does not matter whether a trailer mentioned in subsection (1) (b) is registered.

(1) This section applies if—

(a) a personal injury is caused by a motor accident; and

(b) at the time of the motor accident, the motor vehicle involved in the motor accident—

(i) had a sufficient connection with the ACT; and

(ii) was an uninsured motor vehicle; and

(c) the motor accident happened anywhere in Australia.

Note 1 Motor accident is defined in s 7.

Personal injury is defined in s 6.

Note 2 The circumstances in which a motor vehicle has a sufficient connection with the ACT may be prescribed by regulation (see s (5)).

(2) The nominal defendant is liable in relation to the personal injury as if—

(a) a CTP policy were in force for the motor vehicle; and

(b) the nominal defendant were the CTP insurer for the CTP policy.

Note CTP policy is defined in s 18.

(3) However, the nominal defendant is not liable in relation to the personal injury—

(a) if—

(i) the motor accident happened on an area that is not a road and is open to or used by the public for driving, riding or parking vehicles; and

(ii) at the time the motor accident happened, the person injured was a trespasser on the land; or

(b) the uninsured motor vehicle is owned by—

(i) the Commonwealth, or an entity representing the Commonwealth; or

(ii) the Territory, or an entity representing the Territory; or

(c) at the time the motor accident happened—

(i) the uninsured motor vehicle was registered under either the law of a place other than the ACT or under a law of the Commonwealth; and

(ii) the uninsured motor vehicle was—

(A) covered under a policy of compulsory third-party insurance; or

(B) subject to coverage under a compulsory motor vehicle or trailer accident compensation scheme of that place or of the Commonwealth; or

(d) a regulation prescribes that, in the circumstances, the nominal defendant is not liable in relation to the personal injury.

Note The nominal defendant is also not liable for the risks mentioned in s 22.

(4) In this section:

motor vehicle means a motor vehicle that—

(a) is exempt from registration; or

(b) if not exempt from registration—must be registered to allow its lawful use or operation on a road or road related area in the ACT and—

(i) was at the time of manufacture capable of registration; or

(ii) was at the time of manufacture, with minor adjustments, capable of registration; or

(iii) was previously capable of registration but is no longer capable of registration because the motor vehicle is in disrepair.

(5) A regulation may prescribe the circumstances in which a motor vehicle has a sufficient connection with the ACT.

(1) In this Act:

unidentified motor vehicle—

(a) means a motor vehicle that cannot be identified after reasonable inquiry and search; and

(b) includes a trailer that—

(i) is attached to an unidentified motor vehicle; or

(ii) runs out of control after becoming accidentally detached from an unidentified motor vehicle; and

(c) includes anything else prescribed by regulation.

(2) To avoid any doubt, it does not matter whether a trailer mentioned in subsection (1) (b) is registered.

(3) The inquiry or search may be proved orally or by affidavit of the person who made the inquiry or search.

Note 1 The claimant must prove that reasonable inquiry or search has been carried out before the nominal defendant may be added as a later respondent (see s 83).

Note 2 The respondent must prove that reasonable inquiry or search has been carried out before the nominal defendant may be added as a contributor (see s 85).

(1) This section applies if—

(a) a personal injury is caused by a motor accident; and

(b) the motor vehicle involved in the motor accident is an unidentified motor vehicle; and

(c) the motor accident happened in the ACT.

Note Motor accident is defined in s 7.

Personal injury is defined in s 6.

(2) The nominal defendant is liable in relation to the personal injury as if—

(a) a CTP policy were in force for the motor vehicle; and

(b) the nominal defendant were the CTP insurer for the CTP policy.

Note CTP policy is defined in s 18.

(3) However, the nominal defendant is not liable in relation to the personal injury if—

(a) the motor accident happened on an area that is not a road and is open to or used by the public for driving, riding or parking vehicles; and

(b) at the time the motor accident happened, the person injured was a trespasser on the land.

Note 1 The area described in par (a) is a road related area (see dict, def road related area par (a) (iv)).

Note 2 The nominal defendant is also not liable for the risks mentioned in s 22.

(1) If a motor accident claim is made against the nominal defendant, the nominal defendant may deal with the motor accident claim, and any proceeding relating to the motor accident claim, in the way the nominal defendant considers appropriate including—

(a) settling or compromising the motor accident claim; and

(b) bringing and prosecuting a proceeding under this Act for the motor accident claim and settling or compromising the proceeding.

• s 166 (Insurer may recover costs if motor vehicle defective)

• s 167 (Insurer may recover costs if fraud)

• s 168 (Nominal defendant may recover costs from owner or driver)

• s 233 (Nominal defendant may recover from insolvent insurer).

(2) The nominal defendant must give the CTP regulator the reports that the CTP regulator reasonably requires about anything done by the nominal defendant under this section.

(1) The nominal defendant is not personally liable to pay—

(a) an amount payable in satisfaction of a motor accident claim made, or judgment obtained, under—

(i) section 61 (Nominal defendant liable—uninsured motor vehicle); or

(ii) section 63 (Nominal defendant liable—unidentified motor vehicle); or

(b) the amount of any costs or expenses incurred by the nominal defendant for the motor accident claim or judgment.

(2) The nominal defendant must pay the amounts out of the nominal defendant fund.

Note The nominal defendant fund is established under s 66.

(1) The CTP regulator must establish a fund (the nominal defendant fund).

(2) The following must be paid into the nominal defendant fund:

(a) any penalties or penalty interest imposed under this Act;

(b) amounts collected under section 67;

(c) the interest from time to time accruing from the investment of the nominal defendant fund;

(d) amounts recovered by the nominal defendant under this Act;

• s 166 (Insurer may recover costs if motor vehicle defective)

• s 167 (Insurer may recover costs if fraud)

• s 168 (Nominal defendant may recover costs from owner or driver)

• s 233 (Nominal defendant may recover from insolvent insurer).

(e) amounts required to be paid into the nominal defendant fund under this or another Act.

(3) The following must be paid from the nominal defendant fund:

(a) amounts required to be paid from the fund under section 65 (Nominal defendant to pay motor accident claims from nominal defendant fund);

(b) all other amounts required to be paid from the fund under this or another Act.

(4) The CTP regulator may invest money in the nominal defendant fund which is not immediately required for the fund—

(a) in any way that the Treasurer is authorised to invest money under the Financial Management Act 1996; or

(b) in any other way approved by the Minister and the Treasurer.

(1) The CTP regulator must, each financial year, collect an amount for the nominal defendant fund—

(a) from the people and funds prescribed by regulation; and

(b) in accordance with the arrangements prescribed by regulation.

(2) The CTP regulator may decide the amount to be collected for a financial year.

(3) The CTP regulator must not decide an amount for a financial year if the CTP regulator considers that satisfactory arrangements have been made for that year (under the insurance industry deed or otherwise) by licensed insurers to meet motor accident claims made against the nominal defendant.

Note The insurance industry deed is dealt with in s 9.

In this chapter:

complying notice of claim means a notice of claim, under section 76 (Notice of claim) or section 83 (Claimant may add later respondents), that is given as required under this part.

Note In some circumstances a claimant is taken to have given a respondent a complying notice of claim (see s 87).

compulsory conference—see section 130.

contribution notice—see section 85.

contributor, for a motor accident claim—see section 85.

court, for a motor accident claim, means—

(a) if a proceeding based on a motor accident claim has been started—the court hearing the proceeding; or

(b) if no proceeding based on the motor accident claim has been started—a court with jurisdiction to hear the motor accident claim.

insurer, for a motor accident claim—see section 73.

mandatory final offer—see section 135.

medical treatment means—

(a) an examination, test or analysis, conducted by or under the direction, or at the request, of a doctor to diagnose an injury; or

(b) medical or surgical treatment by a doctor; or

(c) dental treatment by a dentist or a dental prosthetist; or

(d) chiropractic treatment by a chiropractor; or

(e) treatment by a psychologist; or

(f) therapeutic treatment by a masseur, osteopath, physiotherapist, remedial kinesiologist or speech therapist; or

(g) therapeutic treatment given on referral by a doctor or dentist; or

(h) the taking of x-rays; or

(i) the provision, repair or replacement of contact lenses, crutches, prostheses, spectacles or other artificial aids; or

(j) a consultation, examination, therapeutic treatment or other service reasonably rendered in relation to a treatment mentioned in paragraph (c), (d), (f), (g), (h) or (i); or

(k) treatment and maintenance as a patient at a hospital; or

(l) the provision of nursing attendance, medicines, medical and surgical supplies and curative apparatus in a hospital or otherwise.

notice of claim, for a motor accident claim—see section 76.

party, for a motor accident claim, means a claimant, respondent or contributor.

response, for a motor accident claim—see section 82.

respondents’ claim manager, for a motor accident claim—see section 84.

Note Claimant, for a motor accident claim, is defined in s 70.

Motor accident is defined in s 7.

Motor accident claim is defined in s 69.

Respondent, for a motor accident claim, is defined in s 71.

In this Act:

motor accident claim, for a motor accident—

(a) means a claim for damages for personal injury caused by the motor accident; and

(b) includes, for a fatal injury, a claim by the dead person’s dependants or estate.

In this Act:

claimant, for a motor accident claim, means—

(a) a person who makes, or is entitled to make, the motor accident claim; or

(b) in relation to rehabilitation, medical treatment or loss suffered—the injured person to whom the claim relates.

In this chapter:

respondent, for a motor accident claim—

(a) means a person against whom a claimant makes a motor accident claim; and

(b) includes—

(i) if the person mentioned in paragraph (a) is not the insurer for the motor accident claim—the insurer for the motor accident claim; and

(ii) a later respondent.

Note 1 Insurer, for a motor accident claim, is defined in s 73.

Later respondent, for a motor accident claim, is defined in s 83.

Note 2 If a claimant brings a court proceeding based on a motor accident claim and the respondent is an insured person or an insurer, the claimant may need to bring the proceeding against the insured person and the insurer as joint defendants (see s 145).

In this Act:

insured person, for a motor accident claim, means—

(a) a CTP insured person; or

(b) a person for whose acts and omissions the nominal defendant is liable under section 61 (Nominal defendant liable—uninsured motor vehicle).

Note CTP insured person is defined in s 16.

In this Act:

insurer, of a person, for a motor accident claim means—

(a) if the person is a CTP insured person—the CTP insurer for the person; or

(b) if the person is not a CTP insured person—the nominal defendant.

insurer, of a motor vehicle, for a motor accident claim means, if the motor vehicle is—

(a) an insured motor vehicle—the CTP insurer for the motor vehicle; or

(b) an uninsured motor vehicle—the nominal defendant; or

(c) an unidentified motor vehicle—the nominal defendant.

(1) An insured person must not, without the written agreement of the person’s insurer—

(a) admit liability in relation to a motor accident claim; or

(b) settle, or offer to settle, a motor accident claim; or

(c) make a payment, or offer or promise to make a payment, in relation to a motor accident claim.

(2) A contract, offer or promise made in contravention of this section does not bind the insurer.

(3) This section does not prevent an insured person from providing a police officer with information reasonably required to prepare a report about a motor accident.

(4) An insured person who contravenes this section does not incur civil liability to an insurer.

(1) If a motor accident claim is made against an insured person, the person’s insurer—

(a) must carry out the negotiations and legal proceedings related to the motor accident claim; and

(b) may compromise or settle the motor accident claim and legal proceedings related to the motor accident claim; and

(c) may act for the insured person in any other way for the motor accident claim.

(2) The insured person must sign any documents necessary to give effect to this section and, if the insured person does not sign or is dead, absent or cannot be found, the insurer may sign for the insured person.

(3) Nothing said or done by an insurer in relation to a motor accident claim, or legal proceedings related to a motor accident claim, is an admission of liability in, or otherwise prejudices or affects, another claim or proceedings arising out of the same circumstances.

Costs may be awarded against a party who does not comply with this part (see s 91 and s 92).

The court may order a party to comply with a duty imposed under this part (see s 107).

(1) Before a claimant for a motor accident claim brings a court proceeding based on the claim against a respondent for the claim, the claimant must give the respondent written notice of the claim (the notice of claim).

Note 1 A proceeding must be brought before the end of the relevant limitation period under the Limitation Act 1985.

Note 2 If a form is approved under s 266 for a notice of claim, the form must be used.

(2) The notice of claim must—

(a) contain a statement of the information prescribed by regulation; and

(b) authorise each respondent for the motor accident claim to have access to the records and sources of information relevant to the claim that are prescribed by regulation; and

(c) be accompanied by any documents prescribed by regulation.

(3) If the claimant is a child, the claimant’s parent or legal guardian may give the notice of claim for the claimant.

Note For other procedures for a claim for a personal injury suffered by a child, see the Limitation Act 1985, s 30A (Special provision for injuries to children).

(1) This section applies if the insurer for a motor accident claim is the CTP insurer for the motor vehicle for the claim.

(2) The notice of claim must be given under section 76 not later than the earlier of the following days:

(a) the day that is 9 months after—

(i) the day the motor accident for the motor accident claim happened; or

(ii) if symptoms of the personal injury caused by the motor accident are not immediately apparent—the day symptoms of the personal injury first appear;

(b) the day that is 1 month after the later of the following days:

(i) the day the claimant first instructs a lawyer to provide advice about seeking damages for the personal injury;

(ii) the day the respondent is identified.

Note However, the time for giving a notice of claim for a claimant with a legal disability begins on the day after the day the claimant’s legal disability ends (see s 90).

(3) If the claimant does not give the notice of claim as required in subsection (2), a reasonable excuse for the delay must be given in the notice or by separate written notice to the respondent.

(4) Without limiting subsection (3), an excuse is reasonable if the excuse is prescribed by regulation.

(1) This section applies if the insurer for the motor accident claim is the nominal defendant.

(2) The notice of claim must be given under section 76 not later than 3 months after the day the motor accident for the motor accident claim happened.

Note However, the time for giving a notice of claim for a claimant with a legal disability begins on the day after the day the claimant’s legal disability ends (see s 90).

(3) If the claimant does not give the notice of claim as required in subsection (2), the motor accident claim is barred.

Note In addition, the nominal defendant cannot waive compliance with the time limit and the court cannot give leave to bring a proceeding despite noncompliance with the time limit (see s 88).

(1) If a respondent knows of anyone else (a relevant person) against whom the claimant may be able to begin a proceeding based on the motor accident claim, the respondent must, not later than 7 days after the day the respondent receives the notice of claim—

(a) give a copy of the notice of claim to the relevant person; and

(b) tell the claimant in writing about the relevant person, including a short written explanation of why the respondent believes that the person may be a relevant person.

(2) If the respondent is a child, the respondent’s parent or legal guardian may comply with subsection (1) for the respondent.

(1) A respondent must, in writing not later than 1 month after the day the respondent receives a notice of claim under section 76—

(a) respond to the claimant under section 82; or

(b) if the respondent cannot decide, on the information in the notice, whether the respondent is properly a respondent for the claim—give the claimant a written notice about the further information the respondent reasonably needs to make that decision; or

(c) if the respondent believes that he or she is not properly a respondent for the claim—give the claimant a written notice to that effect, indicating—

(i) the reasons for the belief; and

(ii) any information the respondent has that may help the claimant identify someone who may be a respondent for the claim.

(2) A claimant given a written notice under subsection (1) (b) must, not later than 1 month after the day the claimant is given the notice—

(a) give the respondent the further information indicated in the notice; or

(b) tell the respondent, in writing, that the claimant—

(i) considers the respondent to be properly a respondent for the claim; and

(ii) requires the respondent to respond to the claimant under section 82.

(3) Not later than 1 month after the day the respondent is given the information under subsection (2) (a), the respondent must, having regard to the information—

(a) respond to the claimant under section 82; or

(b) if the respondent believes that he or she is not properly a respondent for the claim, give the claimant a written notice to that effect, indicating—

(i) the reasons for the belief; and

(ii) any information the respondent has that may help the claimant identify someone who may be a respondent for the claim.

(4) If the claimant is given notice under subsection (1) (c) or subsection (3) (b) that the respondent is not properly a respondent for the motor accident claim, the claimant must, not later than 1 month after the day the claimant is given the notice, tell the respondent, in writing, that the claimant—

(a) accepts that the respondent is not properly a respondent for the claim; or

(b) considers the respondent to be properly a respondent for the claim and requires the respondent to respond to the claimant under section 82.

(5) Acknowledgement given to the respondent under subsection (4) (a) does not prevent the claimant from later giving the respondent another notice of claim under section 76.

(1) This section applies if a respondent acknowledges that he or she is properly a respondent for a motor accident claim.

(2) The respondent is not taken to have admitted liability only because of making the acknowledgment.

(1) This section applies if a respondent—

(a) considers the respondent to be properly a respondent for a motor accident claim; or

(b) is told under section 80 (2) (b) or section 80 (4) (b) (Preliminary response to claimant) that the claimant considers the respondent is properly a respondent for a motor accident claim.

(2) The respondent must, not later than the required day, give the claimant a written notice (a response)—

Note Required day—see s (5).

(a) stating whether the respondent is satisfied that the notice of claim is a complying notice of claim; and

(b) if the respondent is not satisfied that the notice of claim is a complying notice of claim—identifying the noncompliance and stating whether the respondent waives compliance; and

(c) if the respondent does not waive compliance—allowing the claimant a reasonable period, of at least 1 month, stated in the response to—

(i) satisfy the respondent that the notice of claim is a complying notice of claim; or

(ii) take reasonable action stated in the response to remedy the noncompliance; and

(d) stating whether the insurer for the motor accident claim is prepared (without admitting liability) to meet the reasonable and appropriate costs of the claimant’s rehabilitation.

(3) If the respondent does not give a response by the required day, the respondent is conclusively presumed to be satisfied that the notice of claim is a complying notice of claim.

(4) If subsection (2) (c) applies, the respondent must, not later than 1 month after the day the period stated in the response ends, give the claimant a written notice stating that the respondent—

(a) is satisfied the notice of claim is a complying notice of claim requirements, is satisfied with the action taken by the claimant to remedy the noncompliance, or waives the noncompliance; or

(b) is not satisfied that the claimant has taken reasonable action to remedy the noncompliance, and giving full particulars of the noncompliance and the claimant’s failure to remedy it.

(5) In this section:

required day means—

(a) if the respondent responds directly to the claimant under this section as mentioned in section 80 (1) (a)—the day applying under section 80 (1); and

(b) in any other case—the later of the following:

(i) if the respondent gives notice to the claimant under section 80 (3) (a)—1 month after the day the respondent is given the further information under section 80 (2) (a);

(ii) if the claimant tells the respondent under section 80 (2) (b) or section 80 (4) (b) that the claimant considers the respondent is properly a respondent for the motor accident claim—1 month after the day the claimant tells the respondent under that paragraph.

(1) After a claimant has given a notice of claim to a respondent, the claimant may add someone else as a respondent for the motor accident claim (a later respondent) by giving the later respondent—

(a) the notice of claim; and

(b) copies of other documents given to, or received from, other respondents under this part.

(2) However, the claimant may only add a later respondent—

(a) not later than the day prescribed by regulation; or

(b) later than the day prescribed for paragraph (a) if—

(i) the later respondent and all parties for the motor accident claim agree; or

(ii) the court gives leave.

(3) Also, the claimant may add the nominal defendant as a later respondent in relation to a motor accident claim for a motor accident involving an unidentified motor vehicle only if the claimant has made reasonable inquiry and search for the identity of the motor vehicle.

(4) The inquiry or search may be proved orally or by affidavit by the person who made the inquiry or search.

(5) If the claimant adds a later respondent under this section—

(a) the later respondent must respond to the notice of claim as if the notice were given under section 76; and

(b) the claimant must, in writing, tell each other respondent of the addition not later than the day prescribed by regulation.

(1) If there are 2 or more respondents for a motor accident claim, 1 of the respondents (the respondents’ claim manager) must act for all of the respondents under this chapter.

(a) by agreement between the respondents; or

(b) if the respondents cannot agree within 2 months after the day the claimant first gave, or is taken to have given, a respondent for the motor accident claim a complying notice of claim—under the industry deed.

(3) Until the respondents’ claim manager is decided under subsection (2), the respondent to which the notice of claim is first given under section 76 is the respondents’ claim manager.

(4) The respondents’ claim manager—

(a) may exercise the functions given under this part in relation to the motor accident claim and the claimant for all the respondents; and

(b) must act, as far as practicable, with the agreement of all the respondents.

(5) Action taken, or an agreement made, by the respondents’ claim manager in relation to the motor accident claim is binding on each respondent as far as it affects the claimant.

(6) However, if the respondents’ claim manager acts beyond the scope of the manager’s authority, the manager is liable to each other respondent for any loss suffered by the other respondent.

(1) A respondent who receives a complying notice of claim may, not later than the day prescribed by regulation, add someone else as a contributor (the contributor) for the motor accident claim by giving the person a written notice (a contribution notice)—

(a) claiming an indemnity from, or contribution towards, the respondent’s liability; and

(b) stating the grounds on which the respondent holds the person liable; and

(c) stating any other information prescribed by regulation; and

(d) accompanied by copies of documents about the motor accident claim given to, or received from, other parties under this chapter.

(2) However, the respondent may add a contributor after the day prescribed under subsection (1) only if—

(a) the contributor and all parties for the motor accident claim agree; or

(b) the court gives leave.

(3) Also, if the respondent proposes to add the nominal defendant as a contributor because the motor accident for the motor accident claim involved an unidentified motor vehicle, the respondent may add the nominal defendant only if the respondent has made reasonable inquiry and search for the identity of the motor vehicle.

(4) The inquiry or search may be proved orally or by affidavit of the person who made the inquiry or search.

(5) If the respondent adds a contributor under this section, the respondent must give a copy of the contribution notice to each other party not later than the day prescribed by regulation.

(1) A contributor must, not later than 1 month after the day the contributor receives a contribution notice, give the respondent who gave the contribution notice a written response (the contributor’s response)—

(a) containing a statement of the information prescribed by regulation; and

(b) accompanied by the documents (if any) prescribed by regulation.

(2) The contributor’s response must also state—

(a) whether the claim for the contribution or indemnity claimed in the contribution notice is admitted, denied or admitted in part; and

(b) if the claim for the contribution or indemnity is admitted in part—the extent to which the claim is admitted.

(3) An admission of liability in the contributor’s response is not binding on the contributor—

(a) for another claim; or

(b) at all if it later appears the admission was induced by fraud.

(4) If the respondent requires information provided by a contributor under this section to be verified by statutory declaration, the contributor must verify the information by statutory declaration.

(1) This section applies if the claimant for a motor accident claim gives a respondent for the claim a notice of claim that is not a complying notice of claim.

Note Complying notice of claim is defined in s 68.

(2) The claimant is taken to have given the respondent a complying notice of claim if—

(a) the respondent has told the claimant, in writing—

(i) under section 82 (2) (a) or section 82 (4) (a) (Response to notice of claim), that the respondent is satisfied that the notice of claim is a complying notice of claim; or

(ii) under section 82 (2) (b) or section 82 (4) (a) that the respondent waives any noncompliance; or

(iii) under section 82 (4) (a), that the respondent is satisfied with the action the claimant has taken to remedy the noncompliance; or

(b) the respondent has not responded to the claimant as required and is conclusively presumed, under section 82 (3), to be satisfied the notice is a complying notice of claim; or

(c) the court, by order, on application by the claimant—

(i) declares that the claimant has remedied the noncompliance; or

(ii) authorises the claimant to proceed further with the motor accident claim despite the noncompliance.

(3) However, if a motor accident claim against the nominal defendant is barred under section 78 (Time for giving notice of claim—nominal defendant)—

(a) the nominal defendant must not waive compliance with the 3-month time limit for giving the notice of claim; and

(b) the court cannot authorise the claimant to proceed further with the motor accident claim despite the noncompliance with the 3-month time limit for giving the notice of claim.

(4) An order of the court under subsection (2) (c) may be made on the conditions that the court considers necessary or appropriate to minimise prejudice to a respondent because of the claimant’s noncompliance.

(5) The claimant is taken to have given, and the respondent is taken to have received, the complying notice of claim, on the day—

(a) for subsection (2) (a)—the respondent tells the claimant, in writing; or

(b) for subsection (2) (b)—that is the required day under section 82 for the presumption; or

(c) for subsection (2) (c)—the court makes the declaration or gives the authorisation.

(1) This section applies if the claimant for a motor accident claim—

(a) does not give the respondent for the motor accident claim a complying notice of claim; or

(b) is not taken to have given the respondent for the motor accident claim a complying notice of claim.

Note The circumstances in which a claimant is taken to have given a respondent a complying notice of claim are in s 87.

(2) The claimant cannot proceed with the motor accident claim.

(1) A respondent must, not later than 6 months after the day the respondent receives, or is taken to have received, a complying notice of claim for a motor accident claim—

(a) take any reasonable steps necessary to find out about the motor accident for the motor accident claim; and

(b) tell the claimant, in writing—

(i) whether liability is admitted or denied; and

(ii) if contributory negligence is claimed—the degree of the contributory negligence expressed as a percentage; and

(c) if the claimant—

(i) made an offer of settlement in the notice of claim—tell the claimant whether the respondent accepts or rejects the offer; or

(ii) did not make an offer of settlement in the notice of claim—invite the claimant to make a written offer of settlement; and

(d) make a fair and reasonable estimate of the damages to which the claimant would be entitled in a proceeding for the motor accident claim against the respondent; and

(e) either—

(i) make a written offer, or counteroffer, of settlement to the claimant setting out in detail the basis on which the offer, or counteroffer, is made; or

(ii) settle the motor accident claim by accepting an offer made by the claimant.

(2) An offer, or counteroffer, of settlement must be accompanied by a copy of medical reports, assessments of cognitive, functional or vocational capacity and all other material, including documents relevant to assessing economic loss, in the offerer’s possession or control that may help the person to whom the offer is made make a proper assessment of the offer.

(3) A respondent or claimant to whom a written offer, or counteroffer, of settlement is made must, unless a response to the offer is to be made under subsection (1) (c), respond in writing to the offer not later than 3 months after the day the respondent or claimant receives the offer, indicating acceptance or rejection of the offer.

(4) An admission of liability by a respondent under this section is not binding on the respondent—

(a) in relation to another claim; and

(b) at all if it later appears the admission was induced by fraud.

Note If a respondent admits liability for a motor accident claim, the respondent may be obliged to pay for the injured person’s medical expenses and rehabilitation services (see pt 3.6).

(1) A claimant is not required to comply with an obligation under this chapter while the claimant is under a legal disability.

Note If the claimant is a child, under s 76 (3) a parent or guardian of the child may give the notice of claim for the child.

(2) However, the period not later than which the obligation must be complied with begins when the claimant’s legal disability ends.

(3) This chapter applies to the claimant as if—

(a) a reference to the day the motor accident for the motor accident claim happened were a reference to the day the claimant’s legal disability ends; and

(b) all other changes were made to give effect to this section.

(4) This section does not prevent a claimant, or a person acting for a claimant, from complying with an obligation under this part while the claimant is under a legal disability.

(5) In this section:

legal disability—a claimant is under a legal disability in the circumstances in which a person is under a disability for the Limitation Act 1985.

Note The Limitation Act 1985, dict, defines under a disability—a person is under a disability—

(a) while the person is under 18 years old; or

(b) while the person is, for a continuous period of 28 days or longer, incapable of, or substantially impeded in, the management of his or her affairs in relation to the cause of proceeding in relation to the limitation period for which the question of disability arises because of—

If a claimant does not comply with the requirements of this part, a court in which the claimant begins a proceeding based on the motor accident claim—

(a) may, on a respondent’s application in the proceeding, award in the respondent’s favour costs (including legal and investigation costs) reasonably incurred by the respondent because of the claimant’s noncompliance; and

(b) may only award interest in the claimant’s favour for a period for which the claimant was in noncompliance if the court is satisfied there is a reasonable excuse for the noncompliance.

If a respondent does not comply with the requirements of this part, a court in which the respondent defends a proceeding based on the motor accident claim may, on a claimant’s application in the proceeding, award in the claimant’s favour costs (including legal and investigation costs) reasonably incurred by the claimant because of the respondent’s noncompliance.

The court may order a party to comply with a duty imposed under this part (see s 107).

The purpose of this part is to put the parties for a motor accident claim in a position where they have enough information to assess liability and quantum for the motor accident claim.

In this part:

required document—each of the following is a required document for a motor accident claim:

(a) a report, or other document, about the motor accident for the motor accident claim;

(b) a report about the claimant’s medical condition or prospects of rehabilitation;

(c) a report about the claimant’s cognitive, functional or vocational capacity.

In this part:

relevant claim information, for a motor accident claim, means information about the following things:

(a) the nature of the personal injury caused by the motor accident and any consequent disabilities;

(b) any medical treatment and rehabilitation services the claimant has sought or obtained for the personal injury;

(c) the claimant’s medical history, to the extent that it is relevant to the motor accident claim;

(d) any other claims for damages for personal injury made by the claimant;

(e) the claimant’s claim for past and future economic loss;

(f) any claim for gratuitous services consequent on the claimant’s personal injury.

(1) A claimant for a motor accident claim must give a respondent for the motor accident claim—

(a) a copy of each required document that is in the claimant’s possession; and

(b) if the respondent asks the claimant for the following information—the following information:

(i) the circumstances of, or the reasons for, the motor accident for the motor accident claim;

(ii) relevant claim information.

(2) The claimant must give the copies mentioned in subsection (1) (a) to the respondent—

(a) not later than 1 month after the day the claimant gave, or is taken to have given, the respondent a complying notice of claim; or

(b) if a required document comes into the claimant’s possession later—not later than 7 days after the day the required document comes into the claimant’s possession.

(3) The claimant must respond to a request under subsection (1) (b) not later than 1 month after the day the claimant receives the request.

(4) If a respondent requires information given by a claimant under this section to be verified by statutory declaration, the claimant must verify the information by statutory declaration.

(5) If a claimant fails, without reasonable excuse, to comply fully with this section, the claimant is liable for costs to the respondent resulting from the failure.

Note The claimant may not need to give a document or information under this section if the document or information is protected by client legal privilege (see s 101).

(1) A respondent for a motor accident claim must give the claimant for the motor accident claim—

(a) a copy of each required document that is—

(i) in the respondent’s possession; and

(ii) directly relevant to a matter in issue in the motor accident claim; and

(b) if the claimant asks the respondent for any of the following information—the following information:

(i) if the information is in the respondent’s possession—the circumstances of, or the reasons for, the motor accident for the motor accident claim; or

(ii) if the respondent is the insurer for the motor accident claim—information that can be found out from the insured person about the circumstances of, or the reasons for, the motor accident for the motor accident claim.

(2) The respondent must give the copies mentioned in subsection (1) (a)—

(a) not later than 1 month after the day the respondent received, or is taken to have received, the claimant’s complying notice of claim; or

(b) if a required document comes into the respondent’s possession later—not later than 7 days after the day the required document comes into the respondent’s possession.

(3) The respondent must respond to a request under subsection (1) (b) not later than 1 month after the day the respondent receives the request.

(4) If a claimant requires information given by a respondent under this section to be verified by statutory declaration, the respondent must verify the information by statutory declaration.

(5) If a respondent fails, without proper reason, to comply fully with this section, the respondent is liable for costs to the claimant resulting from the failure.

Note 1 Section 100 applies if there would be more than 200 pages of copies.

Note 2 The respondent may not need to give a document or information under this section if the document or information is protected by client legal privilege (see s 101).

Note 3 The respondent may not need to give a document or information under this section if the respondent suspects the claimant of fraud (see s 103).

(1) A respondent for a motor accident claim must give a contributor added by the respondent a copy of—

(a) each required document that is in the respondent’s possession; and

(b) any relevant claim information that is in the respondent’s possession.

(2) The respondent must give the copies—

(a) not later than 1 month after the day the respondent gives a contribution notice to the contributor; or

(b) if a required document or relevant claim information comes into the respondent’s possession later—not later than 7 days after the day the document or information comes into the respondent’s possession.

Note 1 Section 100 applies if there would be more than 200 pages of copies.

Note 2 The respondent may not need to give a document or information under this section if the document or information is protected by client legal privilege (see s 101).

(1) A contributor added by a respondent for a motor accident claim must give the respondent a copy of each required document that is in the contributor’s possession.

(2) The contributor must give the copies—

(a) not later than 1 month after the day the contributor is added as a contributor; or

(b) if a required document comes into the respondent’s possession later—not later than 7 days after the day the required document comes into the respondent’s possession.

Note 1 Section 100 applies if there would be more than 200 pages of copies.

Note 2 The contributor may not need to give a document or information under this section if the document or information is protected by client legal privilege (see s 101).

(1) In this section:

relevant section means any of the following sections:

(a) section 97 (Respondent to give documents and information to claimant);

(b) section 98 (Respondent to give documents and information to contributor);

(c) section 99 (Contributor to give documents to respondent).

(2) This section applies if—

(a) a relevant section requires a person (the disclosing person) to give copies of reports or other documents or information (relevant material) to someone else; and

(b) the total number of pages of the copies exceeds 200 pages.

(3) Not later than the day the disclosing person would, apart from this section, be required to give relevant material to someone else under the relevant section, the disclosing person need only offer the other person a reasonable opportunity to inspect the material.

(4) If the other person, whether on inspection or otherwise, by written notice given to the disclosing person, requires the disclosing person to give the other person copies of some or all of the relevant material, the disclosing person must comply with the requirement not later than—

(a) if the total number of pages does not exceed 200—1 month after the day the requirement is made; or

(b) in any other case—1 month after the day the other person pays 50 cents for each page by which the total number of pages exceeds 200 pages.

Note If, under a provision of an Act or statutory instrument, an act must be done, the obligation to do the act continues until it is done (see Legislation Act, s 152).

(1) A party is not obliged to give a document or information to another party under this part if the document or information is protected by client legal privilege.

(2) However, an investigative report, medical report or report relevant to the claimant’s rehabilitation must be given even though otherwise protected by client legal privilege.

(3) A regulation may prescribe exceptions to subsection (2).

(4) If a report mentioned in subsection (2) must be given, the report may be given with the omission of passages containing only statements of opinion.

(5) In this section:

investigative reports does not include a document prepared for an application for, an opinion on or a decision about indemnity against the motor accident claim from the Territory.

A party is not obliged to give a document or information to another party under this part if the document or information is already in the other party’s possession.

(1) If a party has reasonable grounds to suspect another party of fraud, the party may apply to the court for approval to withhold from disclosure under this part documents or information that—

(a) would alert the other party to the suspicion; or

(b) could help further the fraud.

(2) The application may be made without notice to the other party.

(3) If the court gives approval on application under subsection (1), the party may withhold from disclosure the documents or information in accordance with the approval.

A person commits an offence if the person—

(a) is a party for a motor accident claim; and

(b) is obliged to give a document or information under this part; and

(c) does not give the document or information in the way required under this part.

Maximum penalty: 100 penalty units.

Note 1 Penalties imposed under this Act must be paid into the nominal defendant fund (see s 66).

Note 2 This section does not apply if—

• the person is not obliged to give the document or information under s 101 or s 102; or

• under s 103, the court has given approval for the party to withhold from disclosure the documents or information.

(1) This section applies if a party for a motor accident claim fails to comply with a provision of this part requiring