Motor Accident Injuries Act 2017 (NSW)
Secs 2.10 (3) and 2.33 (3) of this Act (sec 2.10 (3) repeals sec 2.10 on a date to be proclaimed; sec 2.33 (3) repeals sec 2.33 on a date to be proclaimed)
An Act to establish a new scheme of compulsory third-party insurance and provision of benefits and support relating to the death of or injury to persons as a consequence of motor accidents; and for other purposes.
This Act is the Motor Accident Injuries Act 2017.
This Act commences on a day or days to be appointed by proclamation.
(cf ss 5 and 6 MACA)
This Act establishes a new scheme of compulsory third-party insurance and provision of benefits and support relating to the death of or injury to persons as a consequence of motor accidents.
For that purpose, the objects of this Act are as follows—
(a) to encourage early and appropriate treatment and care to achieve optimum recovery of persons from injuries sustained in motor accidents and to maximise their return to work or other activities,
(b) to provide early and ongoing financial support for persons injured in motor accidents,
(c) to continue to make third-party bodily insurance compulsory for all owners of motor vehicles registered in New South Wales,
(d) to keep premiums for third-party policies affordable by ensuring that profits achieved by insurers do not exceed the amount that is sufficient to underwrite the relevant risk and by limiting benefits payable for soft tissue injuries and psychological or psychiatric injuries that are not recognised psychiatric illnesses,
(e) to promote competition and innovation in the setting of premiums for third-party policies, and to provide the Authority with a role to ensure the sustainability and affordability of the compulsory third-party insurance scheme and fair market practices,
(f) to deter fraud in connection with compulsory third-party insurance,
(g) to encourage the early resolution of motor accident claims and the quick, cost effective and just resolution of disputes,
(h) to ensure the collection and use of data to facilitate the effective management of the compulsory third-party insurance scheme.
It must be acknowledged in the application and administration of this Act—
(a) that participants in the third-party insurance scheme have shared and integrated roles with the overall aim of benefiting all members of the motoring public by keeping the overall costs of the scheme within reasonable bounds so as to keep premiums affordable and of promoting the recovery and return to work or other activities of those injured in motor accidents, and
(b) that the law (both the enacted law and the common law) relating to the assessment of damages in claims made under this Act should be interpreted and applied in a way that acknowledges the clear legislative intention to restrict access to non-economic loss compensation to serious injuries, and
(c) that—
(i) the premium pool from which each insurer pays motor accident claims consists at any given time of a finite amount of money, and
(ii) the setting of appropriate premiums requires a large measure of stability and predictability regarding the likely future number and cost of claims arising under policies sold once the premium is in place, and
(iii) that stability and predictability require consistent and stable application of the law, and
(d) that insurers, as receivers of public money that is compulsorily levied, should account for their profit margins, and their records should be available to the Authority to ensure that accountability.
In the interpretation of a provision of this Act or the regulations, a construction that would promote the objects of this Act or the provision is to be preferred to a construction that would not promote those objects.
In the exercise of a discretion conferred by a provision of this Act or the regulations, the person exercising the discretion must do so in the way that would best promote the objects of this Act or of the provision concerned.
(cf ss 3 and 7 MACA)
In this Act—
(a) a person riding and operating a motor cycle, and
(b) a person for the time being in charge of a motor vehicle.
(a) pre-natal injury, and
(b) psychological or psychiatric injury, and
(c) damage to artificial members, eyes or teeth, crutches or other aids or spectacle glasses.
(a) the Nominal Defendant, and
(b) where a claim is handled on behalf of an insurer by another insurer, the other insurer, and
(c) an interstate insurer, being an entity (including an authority or instrumentality of the Commonwealth or of another State or a Territory) that under a law of the Commonwealth, another State or a Territory indemnifies the owner or driver of a motor vehicle against liability in respect of the death of or injury to a person, and
(d) a self-insurer under Division 9.3.
(a) the driving of the vehicle, or
(b) a collision, or action taken to avoid a collision, with the vehicle, or
(c) the vehicle’s running out of control, or
(d) a dangerous situation caused by the driving of the vehicle, a collision or action taken to avoid a collision with the vehicle, or the vehicle’s running out of control.
Section 2.27 appoints the Authority as the Nominal Defendant for the purposes of this Act.
(a) pain and suffering, and
(b) loss of amenities of life, and
(c) loss of expectation of life, and
(d) disfigurement.
(a) a child who is less than 18 years of age,
(b) an involuntary patient or forensic patient within the meaning of the Mental Health Act 2007,
(c) a person under guardianship within the meaning of the Guardianship Act 1987,
(d) a protected person within the meaning of the NSW Trustee and Guardian Act 2009,
(e) an incommunicate person, being a person with a physical or mental disability that prevents the person from receiving communications, or expressing the person’s will, in relation to the person’s property or affairs.
(a) registration of a motor vehicle under the Road Transport Act 2013 or the Recreation Vehicles Act 1983, or
(b) the issue of an unregistered vehicle permit under the Road Transport Act 2013 for an unregistered motor vehicle, or
(c) registration in New South Wales of a motor vehicle under the Interstate Road Transport Act 1985 of the Commonwealth.
(a) the maximum level of independent living, and
(b) full physical, mental, social and vocational ability, and
(c) full inclusion and participation in all aspects of life.
(a) the person to whom a person is legally married (including the husband or wife of a person), or
(b) a de facto partner,
but where more than one person would so qualify as a spouse, means only the last person so to qualify.
“De facto partner” is defined in section 21C of the Interpretation Act 1987.
The Road Transport Act 2013 defines “trailer” to mean generally a vehicle that is built to be towed, or is towed, by a motor vehicle and that is not capable of being propelled without being towed by a motor vehicle, but does not include a motor vehicle that is being towed.
(a) medical treatment (including pharmaceuticals),
(b) dental treatment,
(c) rehabilitation,
(d) ambulance transportation,
(e) respite care,
(f) attendant care services,
(g) aids and appliances,
(h) prostheses,
(i) education and vocational training,
(j) home and transport modification,
(k) workplace and educational facility modifications,
(l) such other kinds of treatment, care, support or services as may be prescribed by the regulations for the purposes of this definition,
but does not include any treatment, care, support or services of a kind declared by the regulations to be excluded from this definition.
(a) the maintenance or parking of the vehicle, or
(b) in the case of a motor vehicle that is not a trailer—the use or operation of a trailer attached to the motor vehicle and a trailer running out of control having become detached from the motor vehicle towing it, or
(c) in the case of a motor vehicle that is a tow truck—the use or operation of an uninsured motor vehicle that is being towed or carried by the tow truck.
As a result of the above definition, a third-party policy for a motor vehicle extends to cover the matters mentioned in the definition.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Notes in the text of this Act do not form part of this Act.
(cf s 4 MACA)
For the purposes of this Act—
(a) in the case of a motor vehicle that is registered, the
owner is—(i) each registered operator of the vehicle within the meaning of the Road Transport Act 2013, unless the operator has sold or ceased to have possession of the vehicle, and
(ii) each person who, although not a registered operator of the vehicle, is a sole or joint owner of the vehicle, unless that person has sold or ceased to have possession of the vehicle, and
(iii) if any such registered operator or owner has sold or ceased to have possession of the vehicle—any person who solely or jointly or in common with any other person is entitled to the immediate possession of the vehicle, or
(b) in the case of a motor vehicle that is unregistered, the
owner is any person who solely or jointly or in common with any other person is entitled to the immediate possession of the vehicle, or(c) in the case of a motor vehicle to which a trader’s plate is fixed, the
owner is the trader to whom the trader’s plate is issued.
For the purposes of this section, a person is taken not to have ceased to have possession or, as the case may be, not to have acquired possession of a motor vehicle where a change of possession occurs by way of—
(a) any hiring (not being a hiring under a hire-purchase agreement) or lending of the vehicle for a period not exceeding 3 months, or
(b) the passing of the possession of the vehicle to a bailee for the purpose of sale or disposal or for the purpose of alteration, repair, renovation, garaging, storing or other like purpose not involving the use or operation of the motor vehicle for the benefit of the bailee.
In the application of any provision of this Act to and in respect of a motor vehicle to which a trader’s plate is fixed (whether or not with the authority of the trader), a reference in any such provision to the owner is to be read as a reference to the trader, and a reference to the third-party policy in relation to that motor vehicle is to be read as a reference to the third-party policy in relation to motor vehicles to which the trader’s plate is fixed (whether or not with the authority of the trader).
For the purposes of this Act, a
(a) a soft tissue injury,
(b) a psychological or psychiatric injury that is not a recognised psychiatric illness.
A
(Repealed)
The regulations may—
(a) exclude a specified injury from being a threshold injury for the purposes of this Act, or
(b) include a specified injury as a threshold injury for the purposes of this Act.
The Motor Accident Guidelines may make provision for or with respect to the assessment of whether an injury is a threshold injury for the purposes of this Act.
Subsection (5) does not enable the Motor Accident Guidelines to make provision for or with respect to the resolution of disputes by the Commission or medical assessor.
The rules of the Commission make provision for these matters.
This section applies for the purposes of a determination under this Act of whether the degree of permanent impairment of an injured person as a result of an injury caused by a motor accident is greater than 10% (the
If an injured person receives both a physical injury and a psychological or psychiatric injury arising out of the same motor accident—
(a) the degree of permanent impairment that results from the physical injury is to be assessed separately from the degree of permanent impairment that results from the psychological or psychiatric injury (and accordingly those separate degrees of injury are not to be added together for the purposes of the impairment threshold), and
(b) the injured person is taken to have a degree of permanent impairment greater than the impairment threshold if either the degree of impairment caused by physical injuries or the degree of impairment caused by psychological or psychiatric injuries is greater than 10%.
If there is more than one physical injury those injuries will still be assessed together as one injury, but separately from any psychological or psychiatric injury. Similarly, if there is more than one psychological or psychiatric injury those psychological or psychiatric injuries will be assessed together as one injury, but separately from any physical injury.
This Act does not apply to or in respect of a motor accident occurring before the commencement of this Act.
(cf s 3A MACA)
This Act (including any third-party policy under this Act) applies in respect of the death of or injury to a person that results from the use or operation of a motor vehicle only if the death or injury is a result of and is caused (whether or not as a result of a defect in the vehicle) during—
(a) the driving of the vehicle, or
(b) a collision, or action taken to avoid a collision, with the vehicle, or
(c) the vehicle’s running out of control, or
(d) a dangerous situation caused by the driving of the vehicle, a collision or action taken to avoid a collision with the vehicle, or the vehicle’s running out of control.
This Act (including any third-party policy under this Act) does not apply in respect of an injury that arises gradually from a series of incidents.
(cf s 3B MACA)
The application of this Act in respect of death or injury that results from the use or operation of a motor vehicle is limited to death or injury that—
(a) results from a motor accident for which the vehicle has motor accident insurance cover, or
(b) gives rise to a work injury claim, other than a work injury claim in respect of the death of or injury to a coal miner (as defined in clause 3 of Part 18 of Schedule 6 to the Workers Compensation Act 1987).
For the purposes of this Act, a motor vehicle has
(a) at the time of the motor accident the motor vehicle was subject to coverage under a third-party policy, or
(b) at the time of the motor accident the motor vehicle was subject to coverage under a policy of compulsory third-party personal injury insurance or a compulsory motor vehicle accident compensation scheme under the law of a place other than New South Wales or under a law of the Commonwealth, or
(c) at the time of the motor accident, the motor vehicle was owned by the Commonwealth or by any person or body of persons representing the Commonwealth, or
(d) there is a right of action against the Nominal Defendant in respect of the motor accident or there would be a right of action against the Nominal Defendant in respect of the motor accident if the motor accident had been caused by the fault of the owner or driver of the motor vehicle in the use or operation of the vehicle.
For the purposes of this Act, death or injury gives rise to a
(a) the death of a worker resulting from or caused by an injury to the worker (being an injury caused by the negligence or other tort of the worker’s employer), or
(b) an injury to a worker caused by the negligence or other tort of the worker’s employer,
with expressions used in this subsection having the same meanings as they have in Part 5 of the Workers Compensation Act 1987.
The provisions of this Act relating to the liability of the Nominal Defendant in connection with a motor accident apply to a claim for statutory benefits in the same way as they apply to a claim for damages, subject to—
(a) necessary modifications, and
(b) modifications prescribed by the regulations.
Parts 6 and 7 and Division 10.3 apply to and in respect of a claim or injury whether or not there is a third-party policy in respect of liability for the claim or injury.
This section is subject to section 1.10.
(cf s 8 MACA)
A person who—
(a) uses a motor vehicle that is not an insured motor vehicle on a road, or
(b) causes or permits another person to use such a motor vehicle on a road,
is guilty of an offence.
Maximum penalty—50 penalty units.
It is a defence to proceedings for an offence against this section if the defendant establishes that at the time the motor vehicle was used on the road the defendant had reasonable grounds for believing and did in fact believe that the motor vehicle was an insured motor vehicle.
(cf s 9 MACA)
This Division does not apply to a motor vehicle that is used on a road if—
(a) the motor vehicle may lawfully be used on the road although not registered, or
(b) the motor vehicle is a trailer, or
(c) the motor vehicle is a vehicle of a kind, and is used in the circumstances (if any), prescribed by the regulations.
(cf s10 MACA)
A third-party policy under this Act is a policy that is in the following terms—
The insurer insures the owner of the motor vehicle and any other person who at any time drives the vehicle (whether or not with the consent of the owner) against liability in respect of the death of or injury to a person caused by the fault of the owner or driver of the vehicle—
(a) if the motor vehicle is not one to which paragraph (b) applies—in the use or operation of the vehicle in any part of the Commonwealth (whether or not on a road), or
(b) if the motor vehicle is subject to an unregistered vehicle permit under the Road Transport Act 2013—in the use or operation of the vehicle on any road in any part of the Commonwealth.
In this policy, words and expressions have the same meanings as in the Motor Accident Injuries Act 2017.
(cf s 10A MACA)
A motor vehicle that is—
(a) subject to conditional registration under the Road Transport Act 2013, and
(b) designed principally for use otherwise than on a road, and
(c) a motor vehicle, or a motor vehicle of a class, prescribed by the regulations for the purposes of this section,
is taken, for the purposes of a third-party policy under this Act, to be subject to an unregistered vehicle permit and not to conditional registration.
However, a regulation made for the purposes of this section does not affect a third-party policy under this Act that is in force in respect of any particular vehicle at the time that the regulation is made.
(cf s 11 MACA)
If a licensed insurer accepts a premium for the insurance under a third-party policy of a motor vehicle, the licensed insurer must immediately issue a certificate of insurance to the owner of the vehicle.
If a licensed insurer accepts a premium for the insurance under a third-party policy of motor vehicles to which a trader’s plate is or is to be fixed, the licensed insurer must immediately issue a certificate of insurance to the trader.
A licensed insurer who issues such a certificate is taken to have issued a third-party policy for the motor vehicle or motor vehicles to which the certificate relates.
If 2 or more licensed insurers issue certificates of insurance which (but for this subsection) would be capable of having effect at the same time in respect of the same motor vehicle, a third-party policy is taken to have been issued only by the licensed insurer recorded by TfNSW in connection with the registration or renewal of registration of the motor vehicle or issue of a trader’s plate as being the insurer.
(cf s 12 MACA)
TfNSW must not register or renew the registration of a motor vehicle or issue a trader’s plate unless—
(a) the applicant produces a certificate of insurance issued by a licensed insurer in relation to the motor vehicle or trader’s plate, or
(b) TfNSW is satisfied that there is evidence, of a type approved by the Authority, of the existence of a third-party policy in relation to the motor vehicle or trader’s plate.
This section does not apply to a trailer.
(cf s 13 MACA)
A third-party policy taken to have been issued for a motor vehicle has effect for the period for which the licensed insurer who is taken to have issued the policy is on risk in accordance with this section.
In this section—
The old insurer and the new insurer may be the same licensed insurer or different licensed insurers.
In the case of the registration (but not the renewal of registration) of a motor vehicle, the licensed insurer is on risk for the period of registration of the motor vehicle.
If registration is renewed before the previous period of registration expires, the old insurer is on risk until the previous period of registration expires and the new insurer comes on risk immediately after the previous period of registration expires.
If registration is renewed during the period of grace, the old insurer is on risk until 12 midnight on the day registration is renewed and the new insurer comes on risk immediately after 12 midnight and is on risk for the balance of the period of registration of the motor vehicle effected by the renewal of registration.
If registration is renewed after the period of grace expires, the new insurer comes on risk at the time the renewal of registration is effected. The motor vehicle is not an insured motor vehicle from the expiry of the previous period of registration until the time the renewal of registration is effected.
There is no period of grace following the cancellation or surrender of the registration (whether registration or a renewal of registration) of a motor vehicle.
A licensed insurer ceases to be on risk on the cancellation of a third-party policy under section 2.8, subject to section 2.8 (11).
A licensed insurer is on risk in respect of a motor vehicle under a third-party policy relating to a motor vehicle to which a trader’s plate is fixed—
(a) only during the period for which the policy is issued, and
(b) only during the period for which the trader’s plate is issued, and
(c) only while a trader’s plate is fixed to the vehicle.
A licensed insurer is on risk in respect of a light rail vehicle under a third-party policy relating to the vehicle only during the period for which the policy is issued.
(cf s 14 MACA)
A licensed insurer has no power to cancel a third-party policy.
A third-party policy may only be cancelled in accordance with this section.
A third-party policy is cancelled on the cancellation of the registration of the motor vehicle to which it relates, except where the registration is cancelled under Division 3 of Part 4 of the Fines Act 1996.
If the whole or any part of the premium payable in respect of a third-party policy is paid by cheque or by credit or debit card, and the cheque is not met on due presentation or the card transaction is not duly honoured or is fraudulent, the licensed insurer may request TfNSW to suspend the registration of the motor vehicle to which the policy relates for a period of 14 days.
If the insured person under a third-party policy avoided paying the correct premium for the third-party policy because of a false statement made by or on behalf of the insured person in connection with the issue of the policy, the licensed insurer may request TfNSW to suspend the registration of the motor vehicle to which the policy relates for a period of 14 days.
A licensed insurer is not to request TfNSW to suspend the registration of a motor vehicle except with the approval of the Authority or in the circumstances authorised by the regulations, and is not to make such a request unless the amount outstanding remains unpaid.
Before requesting TfNSW to suspend the registration of a motor vehicle, the licensed insurer must notify the owner of the motor vehicle that the insurer intends to request TfNSW to suspend the registration and that the registration and third-party policy may be cancelled at the expiration of the suspension period if the amount outstanding has not been paid before the expiration of the period.
TfNSW must comply with a request by a licensed insurer under this section to suspend the registration of a motor vehicle.
If the amount outstanding remains unpaid, the licensed insurer may request TfNSW before the end of the suspension period to cancel the registration of the motor vehicle at the expiration of the suspension period. A licensed insurer is not to request TfNSW to cancel the registration of a motor vehicle except with the approval of the Authority or in the circumstances authorised by the regulations.
TfNSW must comply with a request by a licensed insurer under this section to cancel the registration of a motor vehicle.
If the registration of a motor vehicle is cancelled, otherwise than under Division 3 of Part 4 of the Fines Act 1996 or subsection (10), but restored before the date for renewal of the registration, the third-party policy cancelled is taken to have remained in force during the period of cancellation.
(cf s 15 MACA)
A third-party policy does not extend to insure the owner or driver of a motor vehicle against—
(a) a liability to pay compensation under the Workers Compensation Acts (or any corresponding law of another State or a Territory of the Commonwealth) to a worker employed by the owner or driver, or
(b) a liability which may be incurred by the owner or driver under an agreement unless the liability is one which would have arisen in the absence of the agreement.
(cf s 15A MACA)
A third-party policy does not extend to insure the owner or driver of a motor vehicle against a 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.
Any lawful activity or any industrial action cannot be characterised as an act of terrorism for the purposes of this section. An act can only be so characterised if it—
(a) causes or threatens to cause death, personal injury or damage to property, and
(b) is designed to influence a government or to intimidate the public or a section of the public, and
(c) is carried out for the purpose of advancing a political, religious, ideological, ethnic or similar cause.
This section is repealed on a date to be appointed by proclamation for the purposes of this section.
(cf s 16 MACA)
A licensed insurer is, despite any other law, liable to indemnify the insured persons under a third-party policy of the insurer in respect of any liability which the policy purports to cover.
(cf s 17 MACA)
The fact that the correct insurance premium has not been paid in respect of a third-party policy does not affect the validity or operation of the policy.
A licensed insurer to whom an incorrect insurance premium has been paid may recover any balance outstanding of the premium from the person liable to pay it as a debt in a court of competent jurisdiction.
If—
(a) an insured person under a third-party policy incurs a liability against which he or she is insured under the policy, and
(b) the insured person avoided paying the correct premium for the third-party policy by making a statement in connection with the issue of the policy that the insured person knew was false,
the licensed insurer may recover from the insured person as a debt in a court of competent jurisdiction—
(c) where the money paid and the costs incurred by the licensed insurer in respect of the liability do not exceed $5,000—the amount of the money paid and costs incurred, and
(d) where the money paid and costs incurred by the licensed insurer exceed $5,000—$5,000.
The licensed insurer is not entitled to recover an amount under subsection (3) if the licensed insurer has recovered that amount in the exercise of any other right of recovery under this Division.
(cf s 19 (2) MACA)
If, as a consequence of the change in ownership of a motor vehicle, a change in use of a motor vehicle, a change in the place at which the motor vehicle is usually garaged or any other change, a higher premium would be payable in relation to the vehicle than the premium paid or payable under the third-party policy in force in relation to the vehicle before the change occurred, the licensed insurer may recover the appropriate difference from the owner as a debt in a court of competent jurisdiction.
(cf s 18 MACA)
While a third-party policy is in force in relation to a motor vehicle, the third-party policy enures in favour of the owner for the time being of the vehicle (and any driver of the vehicle) despite any change in the ownership of the vehicle.
While a third-party policy is in force in relation to a motor vehicle to which a trader’s plate issued in respect of any business is fixed, the third-party policy enures in favour of the person who for the time being is carrying on the business (and any driver of any such vehicle) despite any change in the ownership of the business.
(cf s 19 (1) MACA)
TfNSW is required to notify the licensed insurer under a third-party policy in force in relation to a motor vehicle of any change in any registered particulars relating to the motor vehicle that is notified to TfNSW.
(cf s 20 MACA)
If—
(a) a person uses or operates a motor vehicle without the authority of the owner or without reasonable grounds for believing that he or she had the authority of the owner, and
(b) a licensed insurer pays any money or incurs any costs (under a third-party policy or under Part 3) in respect of a motor accident arising from that use or operation,
the insurer may recover the money so paid and the costs so incurred from the person as a debt in a court of competent jurisdiction.
(cf s 22 MACA)
A third-party policy, to the extent of the insurance effected by that policy—
(a) extends, if the insured person is dead, to indemnify the insured person’s estate against—
(i) liability arising under any cause of action which, by virtue of section 2 of the Law Reform (Miscellaneous Provisions) Act 1944, survives against the insured person’s estate, and
(ii) liability arising by operation of section 2 (4) of that Act, and
(b) extends to indemnify the insured person or, if the insured person is dead, to indemnify the insured person’s estate against—
(i) liability arising where the insured person or, as the case may be, the insured person’s estate has in any proceedings been joined as an alternative defendant, and
(ii) liability arising where the insured person or, as the case may be, the insured person’s estate has served or has been served with a notice in writing under section 3 (1) of the Law Reform (Miscellaneous Provisions) Act 1946, and
(iii) liability arising where the insured person or, as the case may be, the insured person’s estate claims contribution from some other person as a joint tortfeasor or has a claim made against the insured person or the insured person’s estate, as the case may be, as a joint tortfeasor.
In subsection (1),
(a) a third-party policy, or
(b) a policy of insurance complying with the provisions of any law in force in any part of the Commonwealth (other than this State) which requires the owner or driver of a motor vehicle to be insured against any such liability, or
(c) the provisions of any other law in force in any part of the Commonwealth (other than this State) which indemnify the owner or driver of a motor vehicle against any such liability.
(cf s 23 MACA)
If a judgment obtained in any court relating to liability in respect of the death of or injury to a person caused by the fault of the owner or driver of an insured motor vehicle in the use or operation of the vehicle is not satisfied in full within 30 days after the judgment is entered, the court must, on the application of the judgment creditor, direct that the judgment be entered against the licensed insurer of the vehicle.
If execution on the judgment is stayed pending appeal, the time during which execution is stayed is to be excluded in calculating the 30-day period.
Notice of intention to make the application is to be served on the licensed insurer at least 7 days before the hearing of the application.
If the court directs that the judgment be entered against the licensed insurer, the judgment may be enforced as a judgment against the licensed insurer to the extent to which it was not satisfied at the time it was so entered.
(cf ss 24 and 27A MACA)
The Motor Accident Guidelines may provide for the determination of insurance premiums for third-party policies.
Motor Accident Guidelines may (without limiting the generality of subsection (1))—
(a) specify the manner in which premiums are to be determined, and
(b) require licensed insurers to specify how they have determined premiums, and
(c) specify the factors to be taken into account in determining premiums (including in determining the reasonable cost of claims and claims settlement expenses), and
(d) specify the maximum or minimum (or both) rate of estimated investment earnings, superimposed inflation, claims frequency, acquisition expenses, agents’ commission or other expenses or assumptions used in the determination of premiums, and
(e) exclude, from being taken into account in the determination of premiums, acquisition expenses not directly relevant to the acquisition of third-party insurance business or other expenses of the insurer, and
(f) specify the nature of the additional information and reports that the Authority may require licensed insurers to furnish with the premiums they file or to justify premiums they have filed (including with respect to estimated investment earnings, superimposed inflation, claims frequency, the verification of assumptions, estimated profit, capital allocation to third-party insurance business and other relevant matters), and
(g) provide for a refund of part of the premium paid for a third-party policy during or after the period for which the policy is issued by reference to digital information recorded about the safe driving of the motor vehicle during that period or to other factors.
The Motor Accident Guidelines may only specify maximum rates of assumptions used in the determination of premiums if the Authority is satisfied that they are reasonable and will result in insurers having sufficient premium income to meet their liabilities in relation to third-party policies and to make a reasonable profit.
The cost of claims for the purpose of determining insurance premiums for third-party policies must take account of the effect of any exclusion or restriction on claims under this Act (including under section 3.32).
(cf s 25 MACA)
A licensed insurer must not charge an insurance premium for a third-party policy, except in accordance with this Division.
The licensed insurer must file with the Authority a premium or set of premiums it proposes to charge.
Two or more licensed insurers can jointly file a premium or set of premiums that they propose to charge.
The licensed insurer may, on and from the proposed commencement date for the premium, charge a premium that has not been rejected by the Authority within the period allowed under this section for rejecting a premium. Except as provided by section 2.22, the licensed insurer must not charge any other premium on and from that proposed commencement date.
The proposed commencement date for a premium is the date specified in a filed premium as the date on and from which the proposed premium will be charged. The proposed commencement date cannot be earlier than the end of the period allowed for rejecting a premium but can be changed (with notice to the Authority) to accommodate a change in the period allowed for rejecting a premium.
The period allowed for rejecting a premium is (subject to subsection (7)) the period nominated by the insurer when filing the premium, being a period of not less than 6 weeks or such shorter period as the Authority may allow in a particular case.
Time does not run in relation to the period allowed for rejecting the premium of a licensed insurer from the day on which the Authority requests any further information from the insurer, because the insurer has failed to comply with its obligations under this Act or the Motor Accident Guidelines in relation to the filing of the premium, until the day on which the insurer complies with that request for further information.
A premium may only be rejected as provided by this section or section 2.22.
(cf s 26 MACA)
A licensed insurer must file its premiums with the Authority on such occasions or with such frequency as is required by the Motor Accident Guidelines and may (subject to any limitations specified in those Guidelines as to the frequency with which premiums may be filed) file its premiums with the Authority at such other times as the insurer considers appropriate.
A licensed insurer must also file its premiums with the Authority whenever required to do so by the Authority by notice in writing to the insurer. The notice must allow a period of at least 8 weeks after the notice is served for premiums to be filed.
An insurer files its premiums by filing with the Authority a full set of the insurance premiums it proposes to charge for third-party policies that are taken to have been issued by it together with such additional information, including actuarial reports, as the Authority may reasonably require.
Two or more licensed insurers can jointly file a premium or set of premiums under this section.
An insurer must pay to the Authority such fees as may be required by the Motor Accident Guidelines to be paid by insurers in connection with the filing of premiums by insurers.
It is a condition of a licence granted under this Act that the insurer must comply with this section.
(cf s 27 MACA)
The Authority may reject an insurance premium filed with it under this Division if it is of the opinion that—
(a) the premium is, having regard to actuarial advice and to other relevant financial information available to the Authority, excessive or inadequate, or
(b) the premium does not conform to the relevant provisions of the Motor Accident Guidelines.
Written notice of the Authority’s rejection of a premium, and the reasons for the rejection, must be given to the licensed insurer.
If the Authority rejects a premium of a licensed insurer, the licensed insurer may request the Authority to reconsider the rejection.
Pending its reconsideration, the Authority may request an actuary to determine a provisional premium.
A provisional premium so determined has effect, pending the Authority’s reconsideration, as if it were an insurance premium which may lawfully be charged by the licensed insurer concerned.
If the Authority has not withdrawn its rejection of a premium within 4 weeks after a request to reconsider the rejection, the matter is to be arbitrated under this section. The following provisions have effect—
(a) The Commercial Arbitration Act 2010 applies to an arbitration under this section, subject to this Act and the regulations. The Authority and the licensed insurer concerned may by agreement appoint a person to act as arbitrator in connection with the matter. Failing agreement within 7 days, paragraphs (b) and (c) apply.
(b) The Independent Pricing and Regulatory Tribunal (established by the Independent Pricing and Regulatory Tribunal Act 1992) may act as arbitrator to hear and determine such a matter.
(c) Alternatively, that Tribunal may appoint a person to act as arbitrator in connection with the matter. The person is to be appointed from a panel constituted by the Minister and consisting of persons who have appropriate knowledge and understanding of economics, general insurance and the interests of consumers.
(d) The regulations may make provision for or with respect to the arbitration of matters under this section.
The arbitrator may determine the premium that may be charged by the licensed insurer.
The Authority or an arbitrator is not bound by any provisions of the Motor Accident Guidelines referred to in section 2.19 (2) (c) or (d) that the Authority or arbitrator considers would be unreasonable to be applied in the particular circumstances of the case.
(cf s 28 MACA)
A licensed insurer is required to disclose to the Authority the profit margin on which a premium is based and the actuarial basis for calculating that profit margin.
The Authority is to assess that profit margin, and the actuarial basis for its calculation, and to include a report on that assessment in its annual report.
(cf s 29 MACA)
The purpose of this section is to achieve an appropriate balance between the premium income of an insurer and the risk profile of the third-party policies issued by the insurer.
The regulations may impose any one or more of the following arrangements on licensed insurers—
(a) an arrangement for allocating high risk or low risk third-party policies among insurers,
(b) an arrangement for the adjustment of premiums collected in respect of third-party policies and for the allocation and transfer of those premiums among insurers,
(c) an arrangement for the adjustment of the costs of claims for motor accidents covered by high risk or low risk third-party policies and for the allocation and transfer of those costs among insurers.
An allocation of premiums or costs is to be made generally in accordance with the market share of each insurer or in any other appropriate manner.
Any such arrangement may require insurers to provide information to the Authority about third-party policies or claims, to re-imburse the Authority for the costs of administering the arrangement and to take other measures to give effect to the obligations and liabilities of insurers under the arrangement.
It is a condition of an insurer’s licence under this Act that the insurer must comply with any such arrangement.
The regulations may authorise any matter arising under any such arrangement to be determined in accordance with the Motor Accident Guidelines.
For the purposes of this section, high risk or low risk third-party policies are policies of a kind that the Authority determines incur a higher or lower disproportionate share of liability for the total cost of claims for motor accidents.
An arrangement under section 29 of the Motor Accidents Compensation Act 1999 that is in force on the commencement of this section is (subject to the regulations) taken to be an arrangement under this section. Any such arrangement may be varied by the regulations or by the agreement of the parties to which it applies.
A review by the Authority of premium income of licensed insurers to determine whether premiums and Fund levies under Division 10.4 should be adjusted to avoid or minimise excess profits or excess losses—
(a) may be undertaken, with the approval of the Board of the Authority, if the average realised underwriting profits of insurers for 1 or more years are substantially greater or less than the average filed profits of insurers, and
(b) must be undertaken if the average realised profits of insurers for 1 or more years are greater than the average filed profits of insurers by 2% or more of the average filed premiums, and
(c) must be undertaken if, for at least 2 years in a row, the average realised profits of insurers are less than the average filed profits of insurers by 5% or more of the average filed premiums.
The Motor Accident Guidelines may, following such a review, make special arrangements for the adjustment of premiums and Fund levies under Division 10.4 to avoid or minimise excess profits or excess losses, including an appropriate refund of premiums previously paid by policy holders or an appropriate reduction or increase in future premiums payable by policy holders.
Motor Accident Guidelines with respect to insurance premium matters may only be made with the approval of the Board of the Authority—see section 10.3.
The Motor Accident Guidelines may include provision for the adjustment of premiums and Fund levies under Division 10.4 for the purposes of this clause to take into account innovations implemented by insurers to promote the objects of this Act.
If, as a result of the exercise of a function under this section, the Authority determines that premiums and Fund levies under Division 10.4 should be adjusted to avoid or minimise excess profits, the Authority must take action to make adjustments to avoid or minimise those excess profits.
The Authority may, following any adjustment referred to in subsection (2) of premiums and Fund levies under Division 10.4 to avoid or minimise excess losses, direct payments from the Motor Accidents Operational Fund under that Division to insurers corresponding to any increase in Fund levies otherwise payable.
The Authority must, following any adjustment referred to in subsection (2) of premiums and Fund levies under Division 10.4 to avoid or minimise excess profits, direct insurers to make payments to the Motor Accidents Operational Fund under that Division corresponding to any reduction in Fund levies otherwise payable.
An amount payable to or from the Motor Accidents Operational Fund under subsection (4) or (5) is not recoverable from or payable to policy holders.
The Motor Accident Guidelines may provide for an adjustment under this section to be made in relation to previous, current or future periods.
It is a condition of an insurer’s licence under this Act that the insurer must comply with the requirements of any special arrangement under this section.
In this section—
The Motor Accident Guidelines relating to the determination of insurance premiums for third-party policies may provide for the payment of premiums of third-party policies.
Without limiting subsection (1), the guidelines may—
(a) provide for part of the premium to be paid before the issue of a third-party policy and the remainder of the premium to be paid during the period for which the policy is issued, and
(b) provide for refunds by licensed insurers of part of the premium paid for a third-party policy for taxis or hire vehicles during or after the period for which the policy is issued, and
(c) impose requirements on providers of passenger services or booking services relating to taxis, hire vehicles or other classes of vehicles, or on other persons conducting a business relating to the vehicles or on licensed insurers, concerning the following—
(i) terms for the payment of premiums, including reporting requirements and timeframes,
(ii) invoicing arrangements for the payment of premiums,
(iii) arrangements concerning the payment of GST for premiums.
A determination under subsection (1)—
(a) may be made in relation to taxis or hire vehicles or in relation to other classes of vehicles, and
(b) for guidelines for the purposes of subsection (2)(a) and (b)—
(i) may provide for the basis on which the remainder of the premium is to be paid, or a part of the premium refunded, including by reference to the safe driving of vehicles, number of trips undertaken by the vehicles, distance travelled by the vehicles, other activity in which the vehicles are engaged or other factors, and
(ii) may authorise the remainder of the premium to be paid on behalf of the persons to whom the third-party policies are issued, including by the providers of passenger services or booking services relating to taxis or hire vehicles, or by other persons conducting a business relating to the vehicles.
Section 2.8 (Cancellation of third-party policies) extends to the cancellation of a third-party policy if a payment required to be made during the period for which the policy is issued has not been duly paid.
The Authority may, by written notice served on a person conducting a business relating to vehicles, including the provider of a passenger service or a booking service, require the person to do 1 or more of the following—
(a) provide to the Authority, within the time and in the way specified in the notice, information the Authority reasonably requires for the purpose of determining the guidelines for insurance premiums for third-party policies for taxis, hire vehicles or other classes of vehicles,
(b) provide to the Authority or a licensed insurer, within the time and in the way specified in the notice, information the Authority or licensed insurer reasonably requires to determine premiums for third-party policies for taxis, hire vehicles or other classes of vehicles,
(c) pay, within the time and in the way specified in the notice, premiums for third-party policies for taxis, hire vehicles or other classes of vehicles.
A person to whom a notice is given under this section must not—
(a) fail to comply with the notice, or
(b) provide information to the Authority or an insurer the person knows is false or misleading in a material particular.
Maximum penalty—
(a) for a failure to comply with a requirement under subsection (5)(a)—100 penalty units, or
(b) for other contraventions—500 penalty units.
In this section—
(cf s 32 MACA)
The Authority is, for the purposes of this Act, the Nominal Defendant.
Any action or proceeding by or against the Nominal Defendant is to be taken in the name of the “Nominal Defendant”.
See section 1.10A for the application of this Division to statutory benefits.
(Repealed)
(cf s 33 MACA)
An action for the recovery of damages in respect of the death of or injury to a person caused by the fault of the owner or driver of a motor vehicle that is not an insured motor vehicle in the use or operation of the vehicle on a road in New South Wales may be brought against the Nominal Defendant.
Any such action may be brought despite the fact that the owner or driver of the motor vehicle is dead or cannot be found or is the spouse of the person whose death or to whom injury has been caused.
In respect of any such action, the Nominal Defendant is liable as if it were the owner or driver of the motor vehicle.
If the motor accident resulting in the death of or injury to a person occurred on land that is a road related area within the meaning of section 4 (1) of the Road Transport Act 2013 because it is an area that is open to or used by the public for driving, riding or parking vehicles, there is no right of action against the Nominal Defendant under this section if at the time of the motor accident the person was a trespasser on the land.
There is no right of action against the Nominal Defendant under this section—
(a) if the motor vehicle is owned by the Commonwealth or by any person or body of persons representing the Commonwealth, or
(b) if there is a right of action under section 2.32 in respect of the death or injury, or
(c) if, at the time the motor accident resulting in the death or injury occurred, the motor vehicle was registered under the law of a place other than New South Wales or under a law of the Commonwealth and the motor vehicle was covered under a policy of compulsory third-party personal injury insurance or was subject to coverage under a compulsory motor vehicle accident compensation scheme of that place or of the Commonwealth, or
(d) if the regulations provide that in the circumstances specified in the regulations there is no right of action against the Nominal Defendant.
For the purposes of this section, and any regulations made for the purposes of this section—
(a) that is exempt from registration, or
(b) that is not exempt from registration, is required to be registered to enable its lawful use or operation on a road in New South Wales 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 it has fallen into disrepair.
(cf s 34 MACA)
An action for the recovery of damages in respect of the death of or injury to a person caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle on a road in New South Wales may, if the identity of the vehicle cannot be established, be brought against the Nominal Defendant.
A claim cannot be made against the Nominal Defendant under this section unless due inquiry and search has been made to establish the identity of the motor vehicle concerned.
If the motor accident resulting in the death of or injury to a person occurred on land that is a road related area within the meaning of section 4 (1) of the Road Transport Act 2013 because it is an area that is open to or used by the public for driving, riding or parking vehicles, there is no right of action against the Nominal Defendant under this section if at the time of the motor accident the person was a trespasser on the land.
The inquiry or search may be proved orally or by affidavit of the person who made the inquiry or search.
In respect of any such action, the Nominal Defendant is liable as if it were the owner or driver of the motor vehicle.
(cf s 34A MACA)
If due inquiry and search has not been made to establish the identity of the motor vehicle concerned, a claim against the Nominal Defendant under section 2.30 cannot be referred for assessment under Division 7.6 unless—
(a) the Nominal Defendant has lost the right to reject the claim for failure to make that due inquiry and search, or
(b) the Commission has determined that due inquiry and search has been made, or
(c) the claim is referred only for a certificate of exemption from assessment under Division 7.6.
The Nominal Defendant loses the right to reject a claim for failure to make due inquiry and search to establish the identity of a vehicle if the Nominal Defendant—
(a) does not, within 2 months after the claim is made, reject the claim for failure to make that due inquiry and search or ask the claimant to make that due inquiry and search, or
(b) does not, within 2 months after being notified of efforts to establish the identity of the vehicle, refuse to accept that there has been due inquiry and search to establish the identity of the vehicle.
If court proceedings are commenced on a claim against the Nominal Defendant under section 2.30, the Nominal Defendant may apply to the court to have the proceedings dismissed on the ground that due inquiry and search to establish the identity of the vehicle has not been made.
An application to have proceedings dismissed on that ground cannot be made more than 2 months after the statement of claim is served on the Nominal Defendant and also cannot be made if the Nominal Defendant has lost the right to reject the claim on that ground.
On an application to have proceedings dismissed on that ground, the court must dismiss the proceedings unless satisfied that due inquiry and search to establish the identity of the vehicle has been made.
(cf s 35 MACA)
The Nominal Defendant is taken to have issued a policy of insurance under this Act which insures—
(a) the owner of a registered trailer—
(i) which is attached to a motor vehicle which is not registered, or
(ii) which runs out of control having become detached from the towing motor vehicle which is not registered, and
(b) the owner of a motor vehicle which is not registered—
(i) to which a registered trailer is attached, or
(ii) from which a registered trailer becomes detached and runs out of control, and
(c) any other person who at any time drives such a vehicle (whether or not with the consent of the owner),
against liability in respect of the death of or injury to a person caused by the fault of the owner of the trailer or the owner or driver of the vehicle in the use or operation of the vehicle in any part of the Commonwealth (whether or not on a road).
An action for the recovery of damages in respect of the death of or injury to a person as referred to in subsection (1) may be brought against the Nominal Defendant.
Any such action may be brought despite the fact that the owner of the trailer or the owner or driver of the towing vehicle is dead or cannot be found or is the spouse of the person whose death or to whom injury has been caused.
In respect of any such action, the Nominal Defendant is liable as if it were the owner of the trailer or the owner or driver of the towing vehicle.
There is no right of action against the Nominal Defendant under this section—
(a) if the trailer or the towing vehicle is owned by the Commonwealth or by any person or body of persons representing the Commonwealth, or
(b) if, at the time the motor accident resulting in the death or injury occurred, the motor vehicle was registered under the law of a place other than New South Wales or under a law of the Commonwealth and the motor vehicle was covered under a policy of compulsory third party personal injury insurance or was subject to coverage under a compulsory motor vehicle accident compensation scheme of that place or of the Commonwealth, or
(c) if the regulations provide that in the circumstances specified in the regulations there is no right of action against the Nominal Defendant.
(cf s 35A MACA)
There is no right of action against the Nominal Defendant under section 2.29, 2.30 or 2.32 for damages that are 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.
An act cannot be characterised as an act of terrorism for the purposes of this section unless it can be so characterised under section 2.10 (2).
This section is repealed on a date to be appointed by proclamation for the purposes of this section.
(cf s 36 MACA)
The Nominal Defendant may join another person, or may be joined, for contribution or indemnity in respect of a claim or proceedings under this Act as if the Nominal Defendant were a tortfeasor.
Joinder of the Nominal Defendant is required to be effected in accordance with this section.
A person seeking to join the Nominal Defendant in respect of a claim or proceedings must give the Nominal Defendant notice of the person’s intention to do so. The notice must include a copy of the notice of claim under section 6.12 given to the person.
The notice must be given within 3 months after the claim is made against the person under section 6.12, or within 3 months after the person becomes a party to proceedings in respect of the claim, whichever occurs first.
The court may extend the period for giving notice to the Nominal Defendant if the person seeking to join the Nominal Defendant gives a full and satisfactory explanation for not having given notice within the 3-month period.
Within 2 months after notice is given, the person giving notice must provide the Nominal Defendant with full details of the allegations made against the Nominal Defendant (or against the person to whom the Nominal Defendant is taken to have issued a third-party policy).
An application may not be made to join the Nominal Defendant as a party to proceedings before the court after 3 years from the date on which the claim under section 6.12 in respect of which contribution or indemnity is sought must be made, except with the leave of the court.
If the Nominal Defendant is sought to be joined because the identity of another motor vehicle is not known, joinder may not be effected unless due inquiry or search to identify the vehicle has been made. The inquiry or search may be proved orally or by affidavit of the person who made the inquiry or search.
Except as provided by this section, nothing in this section affects any rules of court relating to the joinder of parties.
(cf s 37 MACA)
The Nominal Defendant is not personally liable to pay any amount payable in satisfaction of any claim made or judgment obtained under section 2.29, 2.30 or 2.32 or the amount of any costs or expenses incurred by it in relation to any such claim or judgment, but every such amount is to be paid by the Nominal Defendant out of the Nominal Defendant’s Fund established under this Division.
(cf s 38 MACA)
The Nominal Defendant is to allocate claims made against it to licensed insurers in accordance with the arrangements contained in the Insurance Industry Deed or as determined by the Authority.
The Nominal Defendant is not required to allocate claims that are unlikely to involve a liability of the Nominal Defendant.
A licensed insurer to whom a claim is allocated is authorised, on behalf of and in the name of the Nominal Defendant, to deal with the claim (and any proceedings relating to the claim) in such manner as it thinks fit.
A licensed insurer may settle or compromise any such claim.
A licensed insurer is authorised, on behalf of and in the name of the Nominal Defendant, to bring and prosecute proceedings under section 2.37 relating to any such claim and to settle or compromise those proceedings as it thinks fit.
A licensed insurer is required to provide to the Authority such reports as the Authority may reasonably require in relation to any thing done by the licensed insurer under the authority of this section.
(cf s 39 MACA)
Any amount properly paid by the Nominal Defendant in satisfaction of a claim made or judgment obtained under section 2.29, 2.30 or 2.32 and the amount of any costs and expenses properly incurred by it in relation to any such claim or judgment may be recovered by the Nominal Defendant as a debt—
(a) from the person who, at the time of the occurrence out of which the claim arose or in respect of which the judgment was obtained, was the owner of the motor vehicle, or
(b) where at the time of such occurrence some other person was driving the motor vehicle, from the owner and the driver jointly or from either of them severally.
However—
(a) it is a sufficient defence in any proceedings under this section against the owner (whether severally or jointly with the driver) if the owner establishes to the satisfaction of the court that, at the time of the occurrence, some other person was driving the motor vehicle without the owner’s authority, and
(b) it is a sufficient defence in any proceedings under this section against the driver of an uninsured motor vehicle (whether severally or jointly with the owner) if the driver establishes to the satisfaction of the court that, at the time of the occurrence, the driver was driving the motor vehicle with the authority of the owner or had reasonable grounds for believing and did in fact believe that the driver had such authority, and that the driver had reasonable grounds for believing and did in fact believe that the motor vehicle was an insured motor vehicle.
The Nominal Defendant is not entitled to recover any amount under this section from the owner or driver of a motor vehicle which, at the relevant time, was not required to be registered or was exempt from registration or, if required to be registered, was not required to be insured under this Act.
(cf s 40 MACA)
There is established a fund, to be known as the Nominal Defendant’s Fund, belonging to and vested in the Authority.
The following is to be paid into the Fund—
(a) money collected under section 2.39,
(b) the interest from time to time accruing from the investment of the Fund,
(c) money recovered by the Nominal Defendant under this Division,
(d) money required to be paid into the Fund out of the Policyholders Protection Fund in accordance with section 16E of the Insurance Protection Tax Act 2001,
(e) money required to be paid into the Fund by or under this or any other Act.
The following is to be paid from the Fund—
(a) money required to be paid from the Fund under section 2.35,
(b) money required to be paid by the Nominal Defendant as the relevant insurer under Part 3,
(c) money required to be paid out of the Fund into the Policyholders Protection Fund in accordance with section 16G of the Insurance Protection Tax Act 2001,
(d) all other money required to be paid from the Fund by or under this or any other Act.
The Authority may invest money in the Fund that is not immediately required for the purposes of the Fund—
(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the Authority is permitted to invest money under that Part, or
(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way approved by the Minister with the concurrence of the Treasurer.
(cf s 41 MACA)
In this section—
The Authority may determine the amount to be collected for the purposes of the Nominal Defendant’s Fund in respect of each financial year.
An amount to be collected for the purposes of the Nominal Defendant’s Fund is to be collected from such persons or fund, and in accordance with such arrangements, as may be prescribed by the regulations.
The Authority is not to determine an amount under subsection (2) in respect of a financial year if it is of the opinion that satisfactory arrangements have been made in respect of that year (pursuant to the Insurance Industry Deed or otherwise) by licensed insurers to meet claims made against the Nominal Defendant.
If the death of or injury to a person results from a motor accident in this State, statutory benefits are payable in respect of the death or injury as provided by this Part.
Statutory benefits are payable (except as otherwise provided by this Part)—
(a) whether or not the motor accident was caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle, or
(b) even if the motor accident was caused by the fault of the person to whom the statutory benefits are payable.
The statutory benefits payable under this Part are payable by the relevant insurer.
The
(a) if the motor accident concerned involved only 1 motor vehicle with motor accident insurance cover—the insurer of the motor vehicle, or
(b) if the motor accident concerned involved more than 1 motor vehicle—the insurer of the at-fault motor vehicle, or
(c) in any other case—the Nominal Defendant.
The Nominal Defendant will be the relevant insurer where the motor vehicle concerned was not insured or identified as referred to in Division 2.4.
However, in the case of the payment of statutory benefits for treatment and care provided more than 5 years after the motor accident concerned, the
The insurer of the at-fault motor vehicle is the insurer who provides motor accident insurance cover for—
(a) the motor vehicle the use or operation of which caused the death or injury for which the statutory benefits are payable, or
(b) if more than 1 motor vehicle caused the death or injury—the motor vehicle the use or operation of which contributed most to causing the death or injury for which the statutory benefits are payable.
For the purposes of this Act (including any motor accident insurance cover in respect of a motor vehicle) a liability that the relevant insurer has to pay statutory benefits under this Part in respect of death or injury is deemed to be a liability in respect of death or injury caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle (being a motor vehicle for which the insurer is the relevant insurer).
If the insurer of the at-fault motor vehicle is not a licensed insurer (a
However, if the insurance policy of the non-licensed insurer of the at-fault motor vehicle does not insure against a liability to pay statutory benefits under this Part—
(a) the Nominal Defendant is the relevant insurer, subject to subsection (3), for the purposes of the payment of the benefits, and
(b) the non-licensed insurer must give the Nominal Defendant the information it has in relation to an application made to it for the payment of benefits concerning the accident.
The Nominal Defendant or other insurer who pays statutory benefits under this Part is entitled to recover the amount of statutory benefits properly paid from the relevant insurer liable to make those payments, along with the costs associated with handling the statutory benefits claim.
Insurers may enter into arrangements approved by the Authority for the determination of which insurer will accept a claim for statutory benefits and be the relevant insurer in respect of the claim.
If there is a dispute about which insurer will accept a claim for statutory benefits or any delay in determining the insurer who will accept a claim, the Commission may determine which insurer is the relevant insurer in respect of the claim and its determination is binding on the insurers for the purposes of this Part.
See also section 3.44 (Statutory benefits determinations relating to fault etc not binding in relation to common law claims).
If the death of a person results from a motor accident, statutory benefits are payable for reasonable funeral expenses to—
(a) the legal personal representative of the deceased, or
(b) if there is no legal personal representative—the person who has paid or is liable to pay those expenses.
If the usual place of residence of the deceased person was, at the time of the person’s death, in Australia, funeral expenses are to include the reasonable cost of transporting the body of the deceased to either of the following—
(s) whether the insurer is entitled to refuse payment of statutory benefits in accordance with section 3.34 (Effect of death on entitlement to statutory benefits), 3.35 (No statutory benefits if workers compensation payable) or 3.36 (No statutory benefits for at-fault driver or owner if vehicle uninsured),
(t) whether the insurer is entitled to refuse payment of statutory benefits in accordance with Part 3 of the Civil Liability Act 2002 (as applied by section 3.39 (Limitation on statutory benefits in relation to certain mental harm)) or 3.40 (Effect of recovery of damages on statutory benefits),
(u), (v) (Repealed)
(w) whether the insurer is entitled to delay the making of an offer of settlement under section 6.22 (Duty of insurer to make offer of settlement on claim for damages),
(x) whether for the purposes of section 6.24 (Duty of claimant to co-operate with other party) a request made of the claimant is reasonable or whether the claimant has a reasonable excuse for failing to comply,
(y) whether the claimant has provided the insurer with all relevant particulars about a claim in accordance with section 6.25 (Duty of claimant to provide relevant particulars of claim for damages),
(z) whether the insurer is entitled to give a direction to the claimant under section 6.26 (Consequences of failure to provide relevant particulars of claim for damages),
(za) whether the insurer is entitled to suspend weekly payments of statutory benefits under section 6.5 (Duty of claimants to minimise loss) of the Act,
(aa) whether for the purposes of section 8.10 (Recovery of costs and expenses in relation to claims for statutory benefits) the costs and expenses incurred by the claimant are reasonable and necessary.
The following matters are declared to be medical assessment matters for the purposes of Part 7—
(a) the degree of permanent impairment of the injured person that has resulted from the injury caused by the motor accident (including whether the degree of permanent impairment is greater than a particular percentage),
(b) whether any treatment and care provided or to be provided to the injured person is reasonable and necessary in the circumstances or relates to the injury caused by the motor accident for the purposes of section 3.24 (Entitlement to statutory benefits for treatment and care),
(c) (Repealed)
(d) the degree of impairment of the earning capacity of the injured person that has resulted from the injury caused by the motor accident,
(e) whether the injury caused by the motor accident is a threshold injury for the purposes of the Act.
The following matters are declared to be miscellaneous claims assessment matters for the purposes of Part 7—
(a) whether for the purposes of section 2.30 (Claim against Nominal Defendant where vehicle not identified) there has been due inquiry and search to establish the identity of a motor vehicle,
(a1) whether for the purposes of section 2.30 (Claim against Nominal Defendant where vehicle not identified) the person whose death or injury resulted from the motor accident was a trespasser on land that is a road related area open to or used by the public for driving, riding or parking vehicles,
(a2) whether the Nominal Defendant has lost the right to reject a claim under section 2.31 (Rejection of claim for failure to make due inquiry and search to establish identity of vehicle) of the Act for failure to make due inquiry and search to establish the identity of a vehicle,
(b) whether for the purposes of section 3.1 (Statutory benefits payable in respect of death or injury resulting from motor accident) the death of or injury to a person has resulted from a motor accident in this State,
(c) which insurer is the insurer of the at-fault motor vehicle for the purposes of section 3.3 (Determination of relevant insurer),
(d) whether for the purposes of section 3.11 (Cessation of weekly payments after 52 weeks to injured persons most at fault or with threshold injuries) the motor accident concerned was caused wholly or mostly by the fault of the injured person,
(e) whether for the purposes of section 3.28 (Cessation of statutory benefits after 52 weeks to injured adult persons most at fault or to injured persons with threshold injuries) or 3.36 (No statutory benefits for at-fault driver or owner if vehicle uninsured) the motor accident was caused wholly or mostly by the fault of the injured person,
(f) whether the insurer is entitled to refuse payment of statutory benefits in accordance with section 3.37 (No statutory benefits payable to injured person who commits serious driving offence),
(g) whether the insurer is entitled to reduce the statutory benefits payable in respect of the motor accident in accordance with section 3.38 (Reduction of weekly statutory benefits after 12 months for contributory negligence),
(g1) whether for the purposes of Part 5 (Recovery for no-fault motor accidents) a motor accident is a no-fault motor accident,
(h) whether for the purposes of Part 6 (Motor accident claims) the claimant has given a full and satisfactory explanation for non-compliance with a duty or for delay,
(i) whether for the purposes of section 6.9 (Compliance with verification requirements—claim for statutory benefits) or 6.10 (Compliance with verification requirements—claim for damages) the motor accident verification requirements have been complied with,
(j) whether notice of a claim has been given in accordance with section 6.12 (Notice of claims for statutory benefits or damages),
(k) whether the insurer is entitled to refuse payment of statutory benefits, including statutory benefits for a period before a claim is made, in accordance with section 6.13 (Time for making of claims for statutory benefits),
(l) whether a late claim may be made in accordance with section 6.14 (Time for making of claims for damages),
(m) whether a claim may be rejected for non-compliance with section 6.15 (How notice of claims given),
(n) any issue of liability for a claim, or part of a claim, for statutory benefits not otherwise specified in this Schedule.
(Repealed)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
Any such provision has effect despite anything to the contrary in this Schedule. The regulations may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
The object of this clause is to enable the Authority to ensure that the premium income and underwriting profits achieved by insurers during the transition period are not excessive or inadequate, having regard to the reduction in the cost to insurers of providing compulsory third-party insurance in relation to motor accidents as a consequence of this Act.
This clause applies to the transition period that starts on the commencement of this clause and ends on the date prescribed by the regulations.
The Authority is to review the operation of this clause at the end of 3 years after the commencement of this Act and advise the Minister on the making of a regulation to terminate the transition period.
The following special arrangements are to apply in relation to the premiums payable for third-party policies in force during the transition period—
(a) the Motor Accident Guidelines are to make provision for the adjustment of premiums to ensure that unearned premium surplus attributable to policies in force immediately before the start of the transition period is refunded to the policy holders or is applied for the purposes of an appropriate reduction in premiums payable for policies in force during the transition period,
(aa) the Authority may direct insurers to make payments to the Authority Fund corresponding to the costs incurred by the Authority in connection with the administration of the refund of unearned premium surplus,
(ab) the Authority may direct insurers to make payments from any residual amount of unearned premium surplus (not otherwise paid to the Authority Fund or refunded to policy holders) to any fund or person for purposes relating to the administration of, or the promotion of the efficiency and effectiveness of, the motor accidents scheme under this Act,
(b) (Repealed)
(c) the Authority may determine the range of premiums that are appropriate for third-party policies issued during the transition period (
transitional policies ) and any such determination must be made on the basis of independent actuarial advice and taking into account the likely effect of this Act on the cost of claims,(d) the grounds on which the Authority may, under this Act (or the Motor Accidents Compensation Act 1999), reject premiums filed for transitional policies include that the premiums will not fall within the range of premiums determined by the Authority under this clause to be appropriate for transitional policies.
Without limiting subclause (3) (a), the Motor Accident Guidelines may make provision for or with respect to the following matters in connection with the refund of unearned premium surplus and the reduction in premiums—
(a) the administration by the Authority of the refund of unearned premium surplus to policy holders,
(b) arrangements for the use of the services of any staff of Service NSW or any other person or body for the purposes of or in connection with the administration of the refund,
(d) limiting the entitlement to refund payments to the holders of policies in respect of which the unearned premium surplus attributable to the policy exceeds (after deducting administration costs) the minimum amount of $10 (the
minimum refund entitlement threshold ),(e) the application of amounts below the minimum refund entitlement threshold for the purposes of a reduction in Authority Fund levies payable for policies issued during the transition period.
The Motor Accident Guidelines are to make provision for the adjustment of either or both of the following to avoid or minimise transitional excess profits and transitional excess losses—
(a) premiums payable for third-party policies issued—
(i) during the transition period, or
(ii) after the transition period, but only in relation to underwriting profits achieved by insurers during the transition period,
(b) Authority Fund levies payable in connection with third-party policies issued—
(i) during the transition period, or
(ii) after the transition period, but only in relation to underwriting profits achieved by insurers during the transition period.
The Motor Accident Guidelines may include provision for the adjustment of Authority Fund levies or premiums for the purposes of this clause to take into account innovations implemented by insurers to promote the objects of this Act.
The following special arrangements are to apply in relation to Authority Fund levies payable in connection with third-party policies issued during the transition period—
(a) the Authority may, following any adjustment of those Fund levies to avoid or minimise transitional excess losses as provided by the Motor Accident Guidelines under this clause, direct payments from the Authority Fund to insurers corresponding to any increase in Authority Fund levies otherwise payable,
(b) the Authority may, before any adjustment of those Fund levies to avoid or minimise transitional excess profits as provided by the Motor Accident Guidelines under this clause, direct insurers to make payments to the Authority Fund corresponding to any proposed reduction in Authority Fund levies otherwise payable,
(c) an amount payable to or from the Authority Fund under this subclause is not recoverable from or payable to policy holders.
The Motor Accident Guidelines may make provision for the following—
(a) determining the likely cost of claims for claims arising after the start of the transition period,
(b) determining (or establishing a methodology for determining) the amount of unearned premium surplus, transitional excess profit and transitional excess loss,
(c) giving effect to an adjustment of premiums or Authority Fund levies under this clause.
The Motor Accident Guidelines may provide for an adjustment under this clause to be made in relation to previous, current or future periods.
Until the commencement of this Act, the Motor Accidents Compensation Act 1999 has effect subject to this clause.
It is a condition of a licence granted under this Act (and under the Motor Accidents Compensation Act 1999) that the licensed insurer must comply with the requirements of any special arrangement under this clause.
In this clause—
A policy does not cease to be a third-party policy under this Act merely because the policy refers to an unregistered vehicle permit under the Road Transport (Vehicle Registration) Act 1997 instead of an unregistered vehicle permit under the Road Transport Act 2013 (as specified in the policy set out in Division 2.1).
The Motor Accidents Operational Fund is a continuation of the Motor Accidents Operational Fund established under the Motor Accidents Compensation Act 1999 as in force immediately before the commencement of this clause.
The Nominal Defendant’s Fund is a continuation of the Nominal Defendant’s Fund established under the Motor Accidents Compensation Act 1999 as in force immediately before the commencement of this clause.
A reference to the Motor Accidents Compensation Act 1999 or the Motor Accidents Act 1988 in any Act (other than in this Act), in any instrument made under any such Act or in any document is to be read as including a reference to this Act, unless the regulations or the context otherwise requires.
Part 7 (Funding of the Scheme) of the Motor Accidents (Lifetime Care and Support) Act 2006 continues to apply to and in respect of a Fund levy determined for a relevant period that commences before the amendment of that Part by this Act as if that Part had not been amended by this Act.
This clause applies in respect of Motor Accident Guidelines that—
(a) relate to the determination of insurance premiums for third-party policies for taxis or hire vehicles (within the meaning of section 2.26 (Special provisions relating to taxis and hire vehicles and other vehicles)), and
(b) provide for the premium, or part of the premium, to be paid on the basis of the distance travelled by the vehicles.
This clause applies only in respect of Motor Accident Guidelines issued during the period of 3 years starting on the commencement of this Act.
In determining the guidelines for insurance premiums for third-party policies for taxis and hire vehicles, the Authority is to ensure that similar insurance premiums are to be paid for taxis and hire vehicles having regard to relevant factors of comparison, such as the class of the vehicles, the distance travelled by the vehicles and the activities in which the vehicles are engaged.
However, the methodology used to determine the distance travelled may differ according to the class of vehicle.
Subclause (3) does not apply to the determination of guidelines under section 2.26 (Special provisions relating to taxis and hire vehicles and other vehicles) to the extent that the determination relates only to that part of the premium to be paid before the issue of a third-party policy.
The Motor Accident Guidelines may provide for the refund of part of the premium paid for a third-party policy after the period for which the policy is issued by reference to digital information recorded about the distance travelled by the motor vehicle.
The Motor Accident Guidelines may exclude any class of vehicles from the operation of this provision.
In this Part—
An amendment made to this Act by Schedule 6 to the 2018 amending Act extends to—
(a) a motor accident occurring before the commencement of the amendment (but not before 1 December 2017), and
(b) a claim for statutory benefits or damages made before the commencement of the amendment (but not before 1 December 2017), and
(c) statutory benefits or damages paid or payable before the commencement of the amendment in respect of a motor accident occurring on or after 1 December 2017, and
(d) proceedings pending before a merit reviewer, a medical assessor, a claims assessor or a court immediately before the commencement of the amendment.
The amendment made to section 5.4 by the Statute Law (Miscellaneous Provisions) Act (No 2) 2018 extends to—
(a) a motor accident occurring before the commencement of the amendment (but not before 1 December 2017), and
(b) a claim for statutory benefits made before the commencement of the amendment (but not before 1 December 2017), and
(c) statutory benefits paid or payable before the commencement of the amendment in respect of a motor accident occurring on or after 1 December 2017, and
(d) proceedings pending before a merit reviewer, medical assessor or claims assessor immediately before the commencement of the amendment.
The amendment made to section 3.4 by the Crimes Legislation Amendment (Loss of Foetus) Act 2021 applies only in relation to a motor accident that happens on or after the commencement of the amendment.
Except as provided by subclauses (2)–(4) or the regulations, an amendment made to relevant legislation by the amending Act extends to—
(a) a motor accident occurring before the commencement of the amendment, but not before 1 December 2017, and
(b) a claim for statutory benefits or damages made before the commencement of the amendment, but not before 1 December 2017, and
(c) proceedings pending before a merit reviewer, a medical assessor, a claims assessor or a court immediately before the commencement of the amendment.
An amendment made to relevant legislation by the amending Act does not apply to statutory benefits or damages paid or payable for a period before the commencement of the amendment.
Section 9.7A of this Act, as inserted by the amending Act, extends to an insurer’s licence under this Act as in force immediately before the section commences.
The amendment made to section 10.12 of this Act applies to applications made under the State Insurance and Care Governance Act 2015, section 26F after the commencement of the amendment.
In this clause—
(a) this Act and the regulations under this Act,
(b) the Motor Accidents Compensation Act 1999 and the regulations under that Act.
In this Part—
Except as provided by this Part or the regulations, an amendment made to this Act by the 2022 amending Act extends to—
(a) a motor accident occurring before the commencement of the amendment, but not before 1 December 2017, and
(b) a claim for statutory benefits or damages made before the commencement of the amendment, but not before 1 December 2017, and
(c) proceedings pending before a merit reviewer, a medical assessor, the Commission or a court immediately before the commencement of the amendment.
An amendment made to this Act by the 2022 amending Act, Schedule 1[16], [18], [21], [23], [26], [27] or [51] or Schedule 2[7] does not apply to a motor accident occurring before the commencement of the amendment.
An amendment made to this Act by the 2022 amending Act, Schedule 1[32] or [33] does not apply to a motor accident occurring before the commencement of the amendment.
The amendment made to this Act by the 2022 amending Act, Schedule 1[37] does not apply to a decision of an insurer made before the commencement of the amendment about the degree of permanent impairment of an injured person.
(Repealed)
Motor Accident Injuries Act 2017 No 10. Assented to 4.4.2017. Date of commencement, except Part 1 and Divs 2.3, 9.1, 9.2 and 10.2 and sec 11.12 and Sch 4 (other than cl 2), 1.12.2017, sec 1.2 and 2017 (638) LW 22.11.2017; date of commencement of Part 1 and Divs 2.3, 9.1, 9.2 and 10.2 and sec 11.12 and Sch 4 (other than cl 2), 8.9.2017, sec 1.2 and 2017 (497) LW 8.9.2017. This Act has been amended as follows—
(639) | Motor Accident Injuries Amendment Regulation 2017. LW 22.11.2017. Date of commencement, 1.12.2017, cl 2. | |
No 50 | Health Practitioner Regulation Amendment Act 2017. Assented to 24.10.2017. Date of commencement of Sch 5.22, 8.1.2018, sec 2 and 2017 (666) LW 1.12.2017. | |
No 63 | Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Sch 1.12, 14 days after assent, sec 2 (1). | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 1.17, 14 days after assent, sec 2 (1). | |
No 28 | Miscellaneous Acts Amendment (Marriages) Act 2018. Assented to 15.6.2018. Date of commencement, assent, sec 2. | |
No 62 | Workers Compensation Legislation Amendment Act 2018. Assented to 26.10.2018. Date of commencement of Schs 6 and 8, assent, sec 2 (3). | |
No 68 | Statute Law (Miscellaneous Provisions) Act (No 2) 2018. Assented to 31.10.2018. Date of commencement of Sch 1.19, 8.1.2019, sec 2 (1). | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 3, 1.12.2018, sec 2 (1) and 2018 (673) LW 30.11.2018. | |
(49) | Motor Accident Injuries Amendment Regulation 2019. LW 1.2.2019. Date of commencement, on publication on LW, cl 2. | |
No 1 | COVID-19 Legislation Amendment (Emergency Measures) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
No 18 | Personal Injury Commission Act 2020. Assented to 11.8.2020. Date of commencement of Sch 6.6, 1.3.2021, sec 2(3) and 2020 (729) LW 18.12.2020. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
(744) | Motor Accidents and Workers Compensation Legislation Amendment Regulation 2020. LW 18.12.2020. Date of commencement, 1.3.2021, cl 2. | |
No 32 | Customer Service Legislation Amendment Act 2021. Assented to 29.11.2021. Date of commencement of Sch 1.10, assent, sec 2(1). | |
No 36 | Crimes Legislation Amendment (Loss of Foetus) Act 2021. Assented to 29.11.2021. Date of commencement, 29.3.2022, sec 2 and 2022 (86) LW 18.3.2022. | |
(280) | Motor Accident Injuries Amendment Regulation 2022. LW 10.6.2022. Date of commencement, on publication on LW, sec 2. | |
No 25 | Motor Accidents and Workers Compensation Legislation Amendment Act 2022. Assented to 16.6.2022. Date of commencement of Schs 1 and 3, assent, sec 2(1). | |
No 78 | Motor Accident Injuries Amendment Act 2022. Assented to 28.11.2022. Date of commencement of Sch 1[1]–[9] [15]–[18] [20]–[23] [26]–[29] [32] [33] and [46]–[51], 1.4.2023, sec 2(b); date of commencement of Sch 1[10]–[14] [19] [24] [25] [30] [31] [34]–[45] [52] and [53], assent, sec 2(a). | |
(105) | Motor Accident Injuries Amendment (Claim for Statutory Benefits) Regulation 2023. LW 2.3.2023. Date of commencement of Sch 2, 28.11.2022, sec 2(a). |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 1.3 | Am 2022 No 78, Sch 1[1]. |
Sec 1.4 | Am 2018 No 28, Sch 1.21 [1]; 2020 No 18, Sch 6.6[1]–[3]; 2020 No 30, Sch 4.46[1]; 2021 No 32, Sch 1.10[1]; 2022 No 25, Sch 1.2[1]; 2022 No 78, Sch 1[2] [3]. |
Sec 1.6 | Am 2020 No 18, Sch 6.6[4]; 2022 No 78, Sch 1[4]–[9]. |
Sec 1.10A | Ins 2022 No 78, Sch 1[10]. |
Sec 2.25 | Am 2017 No 63, Sch 1.12 [1]–[3]; 2020 No 30, Sch 4.46[2]. |
Secs 2.6, 2.8, 2.15 | Am 2020 No 30, Sch 4.46[2]. |
Sec 2.25 | Am 2022 No 78, Sch 1[11] [12]. |
Sec 2.26 | Subst 2022 No 25, Sch 1.2[2]. |
Sec 2.27 | Am 2022 No 78, Sch 1[13]. |
Sec 2.28 | Am 2018 No 25, Sch 1.17 [1]. Rep 2022 No 78, Sch 1[14]. |
Sec 2.31 | Am 2020 No 18, Sch 6.6[5]. |
Sec 2.38 | Am 2018 No 70, Sch 3.42 [1]; 2022 No 25, Sch 1.2[3]. |
Sec 3.2 | Am 2022 No 25, Sch 1.2[4] [5]. |
Sec 3.3 | Am 2020 No 18, Sch 6.6[6]. |
Sec 3.4 | Am 2021 No 36, Sch 4[1]. |
Sec 3.6 | Am 2022 No 25, Sch 1.2[6]. |
Sec 3.7 | Am 2018 No 25, Sch 1.17 [2]; 2022 No 25, Sch 1.2[6] [7]. |
Sec 3.8 | Am 2018 No 25, Sch 1.17 [3]; 2022 No 25, Sch 1.2[6]. |
Sec 3.11 | Am 2022 No 78, Sch 1[15]–[18]. |
Sec 3.15 | Am 2020 No 1, Sch 2.14; 2022 No 25, Sch 1.2[8]–[11]. |
Sec 3.20 | Am 2020 No 18, Sch 6.6[7]; 2022 No 25, Sch 1.2[12]. |
Sec 3.21 | Am 2020 No 18, Sch 6.6[8]; 2022 No 25, Sch 1.2[13]–[16]. |
Sec 3.24 | Am 2022 No 78, Sch 1[19]. |
Sec 3.26 | Am 2018 No 28, Sch 1.21 [2]. |
Sec 3.28 | Am 2022 No 78, Sch 1[20]–[23]. |
Sec 3.30 | Am 2022 No 25, Sch 1.2[17]. |
Sec 3.31 | Am 2022 No 78, Sch 1[24] [25]. |
Sec 3.35 | Am 2018 No 62, Sch 6.1 [1]. |
Sec 3.36 | Am 2022 No 25, Sch 1.2[18]. |
Sec 3.38 | Am 2020 No 18, Sch 6.6[9]; 2022 No 78, Sch 1[26] [27]. |
Sec 3.40 | Am 2018 No 62, Sch 6.1 [2]. |
Sec 3.44 | Am 2020 No 18, Sch 6.6[10]. |
Sec 3.45 | Am 2020 No 18, Sch 6.6[11]. |
Sec 4.1 | Am 2020 No 18, Sch 6.6[12]. |
Sec 4.2 | Am 2020 No 18, Sch 6.6[13]. |
Sec 4.4 | Am 2022 No 78, Sch 1[28] [29]. |
Sec 4.5 | Am 2017 No 63, Sch 1.12 [4]. |
Sec 4.7 | Am 2020 No 18, Sch 6.6[14]. |
Sec 4.8 | Am 2020 No 18, Sch 6.6[15]. |
Sec 4.12 | Am 2020 No 18, Sch 6.6[16]. |
Sec 4.14 | Am 2020 No 18, Sch 6.6[17]. |
Sec 4.16 | Am 2020 No 18, Sch 6.6[18]. |
Sec 4.17 | Am 2020 No 18, Sch 6.6[19]. |
Sec 5.2 | Am 2022 No 25, Sch 1.2[19]. |
Sec 5.3 | Am 2022 No 25, Sch 1.2[20]. |
Sec 5.4 | Am 2018 No 68, Sch 1.19 [1]. |
Sec 5.5 | Am 2022 No 25, Sch 1.2[19]. |
Sec 5.6 | Am 2022 No 25, Sch 1.2[19] [21] [22]. |
Sec 5.8 | Am 2022 No 25, Sch 1.2[23]. |
Sec 6.6 | Subst 2020 No 18, Sch 6.6[20]. |
Sec 6.7 | Am 2020 No 18, Sch 6.6[21]. |
Sec 6.9 | Am 2020 No 18, Sch 6.6[22]. |
Sec 6.10 | Am 2020 No 18, Sch 6.6[23]. |
Sec 6.13 | Am 2018 No 62, Sch 6.1 [3] [4]; 2022 No 78, Sch 1[30]. |
Sec 6.14 | Am 2020 No 18, Sch 6.6[24]; 2022 No 78, Sch 1[31]. |
Sec 6.15 | Am 2020 No 18, Sch 6.6[25]; 2022 No 25, Sch 1.2[24]. |
Sec 6.19 | Am 2022 No 78, Sch 1[32] [33]. |
Sec 6.21 | Am 2020 No 18, Sch 6.6[26]. |
Sec 6.22 | Am 2020 No 18, Sch 6.6[27]. |
Sec 6.23 | Am 2020 No 18, Sch 6.6[28]; 2022 No 78, Sch 1[34]. |
Sec 6.26 | Am 2020 No 18, Sch 6.6[29]–[31]. |
Sec 6.27 | Am 2020 No 18, Sch 6.6[32]; 2022 No 78, Sch 1[35] [36]. |
Sec 6.31 | Am 2020 No 18, Sch 6.6[33]. |
Sec 6.32 | Am 2020 No 18, Sch 6.6[34]. |
Sec 6.34 | Am 2020 No 18, Sch 6.6[35]. |
Sec 6.38 | Am 2020 No 18, Sch 6.6[36] [37]. |
Sec 7.1 | Am 2020 No 18, Sch 6.6[38] [39]. |
Part 7, Div 7.2 (secs 7.2–7.8) | Rep 2020 No 18, Sch 6.6[40]. |
Sec 7.10 | Am 2020 No 18, Sch 6.6[41]. |
Sec 7.12 | Am 2020 No 18, Sch 6.6[42] [43]. |
Sec 7.13 | Am 2020 No 18, Sch 6.6[44]. |
Sec 7.13A | Ins 2022 No 25, Sch 1.2[25]. |
Sec 7.15 | Am 2020 No 18, Sch 6.6[45]–[47]; 2021 No 32, Sch 1.10[2]. |
Sec 7.16 | Am 2020 No 18, Sch 6.6[48]. |
Sec 7.17 | Am 2020 No 18, Sch 6.6[49]. |
Sec 7.19 | Am 2022 No 78, Sch 1[37]. |
Sec 7.20 | Am 2020 No 18, Sch 6.6[50] [51]; 2021 No 32, Sch 1.10[3]. |
Sec 7.24 | Am 2020 No 18, Sch 6.6[52]–[54]. |
Sec 7.26 | Am 2020 No 18, Sch 6.6[55]–[58]; 2021 No 32, Sch 1.10[4]. |
Sec 7.27 | Am 2020 No 18, Sch 6.6[59] [60]. |
Sec 7.29 | Am 2020 No 18, Sch 6.6[61]. |
Sec 7.32 | Am 2020 No 18, Sch 6.6[62]. |
Sec 7.33 | Am 2020 No 18, Sch 6.6[63]. Rep 2022 No 78, Sch 1[38]. |
Sec 7.34 | Am 2020 No 18, Sch 6.6[64] [65]. |
Sec 7.35 | Rep 2020 No 18, Sch 6.6[66]. |
Sec 7.36 | Am 2020 No 18, Sch 6.6[67]–[70]. |
Sec 7.37 | Am 2020 No 18, Sch 6.6[71] [72]. |
Sec 7.39 | Rep 2020 No 18, Sch 6.6[73]. |
Sec 7.42 | Am 2020 No 18, Sch 6.6[74]. |
Part 7, Div 7.6, Subdiv 4 | Rep 2020 No 18, Sch 6.6[75]. |
Secs 7.43–7.45 | Rep 2020 No 18, Sch 6.6[75]. |
Sec 7.46 | Rep 2020 No 18, Sch 6.6[75]. Ins 2020 No 18, Sch 6.6[76]. |
Sec 7.47 | Am 2020 No 18, Sch 6.6[77] [78]; 2021 No 32, Sch 1.10[5]. |
Sec 7.48 | Am 2020 No 18, Sch 6.6[79]. |
Sec 7.49 | Am 2020 No 18, Sch 6.6[80]. |
Sec 7.50 | Rep 2020 No 18, Sch 6.6[81]. |
Sec 7.52 | Am 2017 No 50, Sch 5.22. |
Sec 8.3 | Am 2020 No 18, Sch 6.6[82]. |
Sec 8.4 | Am 2020 No 18, Sch 6.6[83]. |
Sec 8.9 | Am 2020 No 18, Sch 6.6[84]. |
Sec 8.10 | Am 2020 No 18, Sch 6.6[85]; 2021 No 32, Sch 1.10[6]. |
Sec 9.7A | Ins 2022 No 25, Sch 3.2[1]. |
Sec 9.10 | Am 2022 No 78, Sch 1[39] [40]. |
Sec 9.14 | Am 2022 No 78, Sch 1[41]. |
Sec 10.1 | Am 2020 No 18, Sch 6.6[86]–[89]. |
Sec 10.12 | Am 2018 No 70, Sch 3.42 [2]; 2020 No 18, Sch 6.6[90]; 2022 No 25, Sch 3.2[2]; 2022 No 78, Sch 1[42]. |
Sec 10.14 | Am 2018 No 70, Sch 3.42 [3]. |
Sec 10.15 | Am 2022 No 78, Sch 1[43]. |
Sec 11.1A | Ins 2022 No 78, Sch 1[44]. |
Sec 11.11 | Am 2022 No 25, Sch 1.2[26]. |
Sec 11.13 | Am 2022 No 78, Sch 1[45]. |
Sch 1 | Am 2017 (639), Sch 2 [1]–[4]; 2019 (49), Sch 1 [1] [2]; 2022 No 25, Sch 1.2[27]. |
Sch 2, heading | Subst 2020 No 18, Sch 6.6[91]. |
Sch 2 | Am 2017 (639), Sch 2 [5]–[7]; 2019 (49), Sch 1 [3]–[11]; 2020 No 18, Sch 6.6[92]; 2022 (280), sec 3(1) (2); 2022 No 78, Sch 1[46]–[52]. |
Sch 3 | Rep 2020 No 18, Sch 6.6[93]. |
Sch 4 | Am 2017 (639), Sch 2 [8] [9]; 2018 No 62, Sch 8.1; 2018 No 68, Sch 1.19 [2]; 2019 (49), Sch 1 [12]–[18]; 2020 (744), Sch 1.1; 2021 No 36, Sch 4[2]; 2022 No 25, Sch 1.2[28]; 2022 No 78, Sch 1[53]; 2023 (105), Sch 2. |
Sch 5 | Rep 1987 No 15, sec 30C. |
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0
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