Motor Accident Injuries Act 2019 (ACT)
Motor Accident Injuries Act 2019
A2019-12
Republication No 7
Effective: 2 February 2025
Republication date: 2 February 2025
Last amendment made by A2024‑20
(republication for expiry of transitional provisions (ch 15))
About this republication
The republished law
This is a republication of the Motor Accident Injuries Act 2019 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 February 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 2 February 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Motor Accident Injuries Act 2019
Contents
Page
Chapter 1 Preliminary
Part 1.1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
6 Objects of Act 3
7 Application of Act 4
Part 1.2 Important concepts
Division 1.2.1 Injury concepts
8 Meaning of person injured in a motor accident 6
9 Meaning of personal injury 6
10 Meaning of motor accident 6
11 Meaning of use motor vehicle 7
12 Meaning of permanent impairment 7
13 Meaning of whole person impairment (or WPI) 8
14 Meaning of independent medical examiner (or IME) 8
15 Authorisation of IME providers 8
Division 1.2.2 Insurance concepts
16 Meaning of nominal defendant 9
Division 1.2.3 Indexation concepts
17 Meaning of average weekly earnings (or AWE) 9
18 Meaning of AWE indexed for amount 9
19 Indexation of defined benefits and quality of life damages 10
Division 1.2.4 Duties in relation to motor accidents
20 Duty to act in good faith—applicants, claimants and insurers 11
21 Obligation to cooperate with MAI insurer—responsible person and driver 13
Part 1.3 Motor accident injuries commission
22 Establishment of commission 14
23 Constitution of commission 14
24 Appointment of MAI commissioner 14
25 Functions of MAI commission 14
26 Functions of MAI commissioner 16
27 Meaning of staff of the MAI commission 16
28 MAI commission employed staff 16
29 MAI commission consultants and contractors 17
30 Delegation by MAI commission 17
31 Delegation by MAI commissioner 17
32 MAI commission arrangements for staff and facilities 18
Chapter 2 Motor accident injuries—defined benefits
Part 2.1 Interpretation—ch 2
33 Meaning of defined benefits 19
34 Meaning of relevant insurer for motor accident 19
35 Meaning of full and satisfactory explanation by applicant—ch 2 20
36 Meaning of person who died as a result of a motor accident 21
Part 2.2 Defined benefits—entitlement
Division 2.2.1 Entitlement to defined benefits
38 Person injured in motor accident entitled to defined benefits 22
39 Defined benefits payable by relevant insurer 22
40 Payment of defined benefits by interstate relevant insurer 22
Division 2.2.2 Limitations and exceptions to entitlement
41 Meaning of driving offence 24
42 Definitions—div 2.2.2 26
43 Entitlement limited—uninsured motor vehicle 26
44 Entitlement limited—single driving offence 27
45 No entitlement—multiple driving offences 29
46 Entitlement limited—injuries self-inflicted 30
47 Entitlement limited—detainees and young detainees 31
48 No entitlement—serious offences 31
49 No entitlement—act of terrorism 34
50 Entitlement limited—workers compensation claimant 35
Division 2.2.3 End of entitlement to certain benefits
51 When entitlement to certain benefits ends 36
Part 2.3 Application for defined benefits
Division 2.3.1 Communicating with people in relation to motor accidents
52 Information and support for applicants for defined benefits—MAI guidelines 38
Division 2.3.2 Application for defined benefits
Subdivision 2.3.2.1 Definitions—pt 2.3
53 Meaning of information—pt 2.3 41
54 Meaning of authority to disclose personal health information 41
Subdivision 2.3.2.2 Making an application for defined benefits
55 Who may apply for defined benefits? 43
56 Application for defined benefits—contents 44
57 Application for defined benefits—authority to disclose personal health information 45
58 Meaning of application period—ch 2 47
59 Application for defined benefits—must be made within application period 48
60 Application for defined benefits—action following receipt 49
Division 2.3.3 Payment of allowable expenses
61 Meaning of allowable expenses—ch 2 50
62 Allowable expenses—relevant insurer must pay 50
63 Allowable expenses—MAI guidelines 51
64 Allowable expenses—relevant insurer later rejects liability for defined benefits 51
Division 2.3.4 Accepting or rejecting liability for defined benefits
65 Relevant insurer must decide liability for defined benefits 52
66 Accepting liability—payment of defined benefits 53
67 Rejecting liability 54
68 Insurer may change decision about accepting or rejecting liability 54
Division 2.3.5 Transfer of application to another insurer
69 Transferring application to another insurer 55
70 Dispute about liability for application 56
Division 2.3.6 Miscellaneous—pt 2.3
71 Fraudulent applications or requests 57
72 Recovery of amounts paid for defined benefits 58
73 Application for defined benefits—notification of claim under workers compensation scheme 59
Part 2.4 Defined benefits—income replacement benefits
Division 2.4.1 Income replacement benefits—important concepts
74 Definitions—pt 2.4 61
75 Meaning of income replacement benefit payment—pt 2.4 61
76 Meaning of gross income—pt 2.4 62
77 Meaning of net income—pt 2.4 63
78 Meaning of paid work—pt 2.4 63
79 Meaning of capable of being in paid work—pt 2.4 63
80 Meaning of pre-injury income 65
81 Meaning of pre-injury weekly income—ongoing employee or fixed term contractor 65
82 Meaning of pre-injury weekly income—self-employed person 66
83 Meaning of pre-injury weekly income—casual worker 67
84 Meaning of pre-injury weekly income—person receiving workers compensation 68
85 Meaning of pre-injury earning capacity—person on unpaid leave 68
86 Meaning of pre-injury earning capacity—person with new work arrangement 69
87 Meaning of pre-injury earning capacity—full-time student 70
88 Pre-injury weekly income and pre-injury earning capacity—MAI guidelines 71
Division 2.4.2 Income replacement benefits—entitlement
89 Who is entitled to income replacement benefits? 71
90 Limited entitlement to income replacement benefits—pension-aged injured person 72
91 No entitlement to income replacement benefits—death of injured person 73
92 No entitlement to income replacement benefits—damages already paid 73
Division 2.4.3 Income replacement benefits—payments
93 Definitions—div 2.4.3 73
94 Meaning of AWE adjusted—div 2.4.3 74
95 Adjustment of pre-injury income 75
96 Amount of income replacement benefits—first payment period 75
97 Amount of income replacement benefits—second payment period 77
98 Amount of income replacement benefits—injured person receiving workers compensation 78
99 Payment of increments—apprentice, trainee or young person 79
100 Injured person’s post-injury earning capacity 80
101 Income replacement benefits—period payable 80
102 Income replacement benefits—payable fortnightly 83
103 Income replacement benefits—interim weekly payments 83
Division 2.4.4 Income replacement benefits—injured person’s obligations
104 Requirement for evidence in relation to fitness for work etc 85
105 Suspension of benefit payments—failure to comply with request for assessment 86
106 Offence—failure to notify changed circumstances 87
107 Notice required to reduce or stop income replacement benefit payments 88
Division 2.4.5 Income replacement benefits—miscellaneous
108 Income replacement benefits not commutable to lump sum 90
109 Employer reimbursement for paid leave 90
Part 2.5 Defined benefits—treatment and care benefits
Division 2.5.1 Preliminary
110 Meaning of treatment and care 91
111 Meaning of rehabilitation 92
Division 2.5.2 Treatment and care benefits—entitlement
112 Who is entitled to treatment and care benefits? 92
113 Meaning of treatment and care expenses—ch 2 93
114 Meaning of domestic services expenses—pt 2.5 94
115 Meaning of travel expenses—pt 2.5 95
116 No entitlement to treatment and care benefits—allowable expenses already paid 95
117 No entitlement to treatment and care benefits—damages already paid 96
118 No entitlement to treatment and care benefits—LTCS scheme participant 96
119 Treatment and care benefits not payable in certain circumstances 96
120 Deciding whether treatment and care is reasonable and necessary 97
Division 2.5.3 Treatment and care benefits—assessment
121 Assessment of injured person’s injuries 97
Division 2.5.4 Treatment and care benefits—recovery plans
122 Meaning of recovery plan—pt 2.5 99
123 Treatment and care benefits—recovery plan 99
124 Recovery plan—content 100
124A Recovery plan—suspension of benefits 101
125 Recovery plan—MAI guidelines 101
126 Recovery plan—treatment and care not in recovery plan 102
127 Recovery plan—review 103
Division 2.5.5 Treatment and care benefits—payment
128 Treatment and care benefits—period payable 104
129 Payment of treatment and care benefits 104
130 Treatment and care benefits not commutable to lump sum 105
131 Treatment and care benefits—MAI guidelines 106
Part 2.6 Defined benefits—quality of life benefits
Division 2.6.1 Quality of life benefits—entitlement
132 Who is entitled to quality of life benefits? 108
133 WPI taken to be 10% in certain circumstances 109
134 No entitlement to quality of life benefits—foreign national living outside Australia 109
135 No entitlement to quality of life benefits—benefits already paid 110
136 No entitlement to quality of life benefits—damages already paid 110
Division 2.6.2 Quality of life benefits—application
137 Quality of life benefits application 110
138 Insurer believes injuries stable and permanent impairment 111
139 Insurer believes injuries stable but no permanent impairment 112
140 Insurer believes injuries not stabilised—up to 4 years 6 months after motor accident 113
141 WPI assessment 4 years 6 months after motor accident 114
142 WPI assessment—injured person’s injuries stabilised 117
Division 2.6.3 Quality of life benefits—WPI assessment
143 Meaning of WPI assessment 118
144 Meaning of WPI report 119
145 Meaning of private medical examiner—div 2.6.3 119
146 WPI assessment guidelines 119
147 Arrangement of WPI assessment 120
148 WPI assessment—provision of information 121
149 WPI assessment—WPI assessment guidelines 122
150 WPI assessment—both physical and psychological injuries 122
151 WPI assessment—multiple body systems affected 124
152 WPI report to be prepared 124
153 WPI—both physical and psychological injuries 125
154 WPI less than 5%—insurer may make offer 125
155 WPI 5% to 9%—insurer must make offer 127
156 WPI 10% or more—injured person not entitled to make motor accident claim 129
157 WPI 10% or more—injured person entitled to make motor accident claim 131
158 Second WPI report 134
159 Second WPI report—original WPI may be affirmed or increased 135
160 Final offer WPI 136
161 Final offer WPI less than 5% 136
162 Final offer WPI 5% to 9% 138
163 Final offer WPI 10% or more—injured person not entitled to make motor accident claim 140
164 Final offer WPI 10% or more—injured person entitled to make motor accident claim 142
165 WPI assessment—relevant insurer to pay 145
166 Effect of certain WPI assessments on motor accident claim 146
Division 2.6.4 Quality of life benefits—amount payable
167 Amount of quality of life benefits payable 147
Part 2.7 Defined benefits—death benefits
Division 2.7.1 Preliminary
168 Meaning of dependant—pt 2.7 149
Division 2.7.2 Death benefits—entitlement
169 Who is entitled to death benefits? 150
170 No entitlement to death benefits—death of foreign national outside Australia 150
171 No entitlement to death benefits—conduct making up offence 151
172 No entitlement to death benefits—quality of life benefits or damages already paid 151
173 No entitlement to death benefits—death benefits paid under workers compensation scheme 152
Division 2.7.3 Death benefits—amount payable
174 Amount of death benefits payable 152
175 Death benefits—income replacement benefits and treatment and care benefits still payable 153
Division 2.7.4 Death benefits—payment
176 Payment of death benefits—application to ACAT 153
177 Payment of death benefits—ACAT orders 154
Part 2.8 Defined benefits—funeral benefits
178 Who is entitled to funeral benefits? 156
179 No entitlement to funeral benefits—death of foreign national outside Australia 156
180 No entitlement to funeral benefits—funeral expenses paid under workers compensation scheme 157
181 Funeral benefits—maximum amount payable 157
182 Funeral benefits—MAI guidelines 157
Part 2.9 Defined benefits—Australians living overseas and foreign nationals
183 Periodic payment of defined benefits—Australians living overseas 158
184 Lump sum payment of certain defined benefits—foreign nationals 159
Part 2.10 Defined benefits—dispute resolution
Division 2.10.1 Preliminary
185 Definitions—pt 2.10 162
Division 2.10.2 Internal review of insurer’s decisions
186 Definitions—div 2.10.2 162
187 Internal review—application 163
188 Conduct of internal review—MAI guidelines 164
189 Internal review—application does not stay decision 164
190 Internal review—information to be considered 164
191 Internal review—decision 165
Division 2.10.3 ACAT review of insurer’s decisions
192 Meaning of ACAT reviewable decision—div 2.10.3 166
193 ACAT review—application 166
194 Time for making application when no decision made under s 191 167
195 External review—ACAT to notify insurer etc 168
196 External review—application does not stay decision 168
197 External review—decision 168
198 External review—costs of proceedings 169
199 External review—effect of decision 170
200 External review—time for appeal 171
201 No monetary limit on jurisdiction of ACAT 171
202Inconsistency between Act and ACAT Act, pt 4A 171
Part 2.11 Defined benefits—miscellaneous
203 Legal costs and fees payable by applicants and insurers 172
204 Defined benefits information service 172
Chapter 3 Motor accident injuries—significant occupational impact
Part 3.1 Significant occupational impact of injuries—important concepts
205 Meaning of significant occupational impact 173
206 Meaning of independent assessor 173
207 Meaning of SOI assessment and SOI report 174
208 SOI assessment guidelines 174
Part 3.2 SOI assessments
209 SOI assessment 4 years 6 months after motor accident 176
210 Arrangement of SOI assessment 177
211 SOI assessment—provision of information 177
212 SOI report to be prepared 178
213 SOI report—injury has significant occupational impact 178
214 SOI report—no significant occupational impact 179
Part 3.3 SOI reports—ACAT review
215 SOI report—no significant occupational impact—ACAT review 181
216 Review of SOI report—ACAT to notify insurer etc 181
217 Review of SOI report—IME provider to give ACAT information 182
218 ACAT review—decision 182
219 Effect of ACAT order affirming SOI report 183
Part 3.4 Significant occupational impact of injuries—miscellaneous
220 Effect of SOI assessment on motor accident claim 184
Chapter 4 Payment of future medical treatment expenses
221 Definitions—ch 4 185
222 Application for future treatment payment 185
223 Future treatment payment—assessment and calculation 187
224 No agreement on future treatment payment—application to ACAT 188
225 Decision about future treatment payment—ACAT orders 189
226 Future treatment payment—costs of proceedings 189
227 Future treatment payment—no monetary limit on jurisdiction of ACAT 190
Chapter 5 Motor accident injuries—common law damages
Part 5.1 Preliminary
228 Meaning of motor accident claim 191
229 Meaning of claimant for motor accident claim 191
230 Meaning of respondent for motor accident claim—ch 5 191
231 Meaning of insured person for motor accident claim 192
232 Meaning of insurer for motor accident claim 192
233 Defined benefit payment etc—no effect on liability under motor accident claim 193
234 Insured person not to admit liability, settle or make payments 193
235 Power of insurer to act for insured 194
236 Nominal defendant may deal with motor accident claims 194
237 Insurer may intervene in proceeding 195
238 Motor accident claim—notification of claim made under workers compensation scheme 195
Part 5.2 Threshold for damages
239 Award of damages—requirements 196
Part 5.3 WPI assessment—claimant receiving workers compensation
240 Application—pt 5.3 199
241 WPI assessment—application and assessment 200
Part 5.4 Damages for claims—exclusions and limitations
242 Quality of life damages—general 202
243 Quality of life damages—amount that may be awarded 203
244 Quality of life damages—amount that may be awarded for children 204
245 Quality of life damages—none if quality of life benefits received 204
246 Damages for loss of earnings—none in first year 204
247 Recovery of defined benefits if claimant receives damages 204
248 Damages for compensation paid under workers compensation scheme 205
249 Gratuitous care—no damages 206
250 Treatment and care—damages not available for LTCS participants 206
251 Treatment and care—damages not available for LTCS scheme foreign national participants 207
252 Wrongful death claims 208
Part 5.5 Damages independently of Act
253 Repayment of defined benefits if person receives damages independently of Act 209
Part 5.6 No-fault motor accidents
254 Meaning of no-fault motor accident 210
255 Presumption of no-fault motor accident 210
256 Working out driver at fault in no-fault motor accident 210
Part 5.7 Court proceedings on motor accident claims
Division 5.7.1 Preliminary
257 Definitions—pt 5.7 212
Division 5.7.2 Compulsory conferences before court proceedings
258 Compulsory conference 212
259 Compulsory conference may be dispensed with 213
260 Compulsory conference with mediator 213
261 Procedures before compulsory conference 214
262 Attendance and participation at compulsory conference 216
Division 5.7.3 Mandatory final offers
263 Mandatory final offers—requirement 216
264 Mandatory final offers may be dispensed with 217
265 Timing of mandatory final offers 217
266 Working out costs for mandatory final offers 217
267 Court proceedings not to begin if mandatory final offer open 218
Division 5.7.4 Court proceedings
268 Time limit for beginning proceeding—general 219
269 Time limit—compulsory conference 219
270 Time limit—no compulsory conference 220
271 Time limit—no mandatory final offers 221
272 Insurer to be joint or sole defendant 221
273 Procedure if respondent is insurer 222
274 Exclusion of summary judgment on the basis of admissions 223
275 Insurer’s right to call and cross-examine insured person 223
276 Costs—awards of damages over $50 000 223
Division 5.7.5 Judgment for noncompliance with time limits
277 Definitions—div 5.7.5 224
278 Notice time limit not complied with 225
279 Thing not done within 7-day period—claimant as enforcing party 225
280 Thing not done within 7-day period—respondent as enforcing party 226
281 Thing not done within 7-day period—court may make orders 227
282 Court orders in favour of claimant 227
283 Court orders in favour of respondent 228
Part 5.8 Other matters
284 Legal costs and fees payable by claimants and insurers 229
285 Effect of payments under LTCS Act on limitation period 229
Chapter 6 Motor accident injuries insurance
Part 6.1 Important concepts
286 Definitions—Act 230
287 Meaning of MAI insurer 230
288 Application to Territory and Commonwealth motor vehicles 231
Part 6.2 Compulsory motor accident injuries insurance
289 Offence—use uninsured motor vehicle on road or road related area 233
Part 6.3 Motor accident injuries policies
290 Vehicles and other things insured under MAI policy 235
291 People insured under MAI policy 235
292 Risks covered by MAI policy 236
293 Risks not covered by MAI policy 236
294 Licensed insurer not to decline etc to issue MAI policy 238
295 MAI insurer to indemnify MAI insured people 238
296 MAI policy not affected by transfer etc of vehicle or trader’s plate 238
297 MAI policy not affected by errors etc 239
Part 6.4 Selecting an MAI insurer
298 Selecting for registered vehicle—first registration 240
299 Selecting for registered vehicle—renewal of registration 240
300 Selecting for motor vehicle with trader’s plate 240
301 Selecting for light rail vehicle 241
Part 6.5 Length of MAI policy
302 When MAI policy takes effect—registered motor vehicles 242
303 MAI policy in effect while insurer on risk—registered motor vehicles 242
304 Insurer on risk—period of registration 242
305 Insurer on risk—period of grace 243
306 When MAI policy takes effect—trader’s plates 243
307 MAI policy in effect while insurer on risk—trader’s plates 244
308 When MAI policy takes effect—light rail vehicles 244
309 MAI policy in effect while insurer on risk—light rail vehicles 244
Part 6.6 Cancellation of MAI policies
310 MAI insurer cannot cancel MAI policy 246
311 MAI policy cancellation—registered vehicles 246
312 MAI policy cancellation—trader’s plates 246
313 MAI policy cancellation—light rail vehicles 247
Part 6.7 MAI premiums
314 Meaning of MAI premium 248
315 Premium that can be charged by licensed insurer 248
316 Premiums—MAI guidelines 248
317 Licensed insurer to apply for approval of premiums 249
318 Criteria to approve or reject premium 250
319 MAI commission to approve or reject premiums 251
320 MAI commission may reconsider rejected premiums 252
321 Mediation of rejected premiums 252
322 Arbitration of unresolved premiums 253
323 Licensed insurer to report on profit margins 254
Part 6.8 Nominal defendant’s liabilities
324 Nominal defendant liable—unregistered vehicle permits 255
325 Meaning of uninsured motor vehicle 256
326 Nominal defendant liable—uninsured motor vehicle 257
327 Meaning of unidentified motor vehicle 259
328 Nominal defendant liable—unidentified motor vehicle 260
Part 6.9 Nominal defendant fund
329 Nominal defendant to pay defined benefits and motor accident claims from nominal defendant fund 262
330 Establishment of nominal defendant fund 263
331 Collections for nominal defendant fund 264
332 MAI commission must decide UVP liability contribution 264
333 UVP liability contribution to be paid with unregistered vehicle permit 265
334 Accounts for nominal defendant fund 265
335 Audit of nominal defendant fund 266
336 Assessment of financial position of nominal defendant fund 266
337 Nominal defendant may engage consultants including claims manager 267
338 Claims manager’s functions 268
339 Delegation by nominal defendant 269
340 Information and assistance by insurer to nominal defendant 269
Part 6.10 MAI insurer and nominal defendant may recover costs incurred
Division 6.10.1 Preliminary
341 Meaning of costs—pt 6.10 271
342 Insurer may only recover costs once 272
343 Proceeding to recover costs 272
Division 6.10.2 MAI insurers
344 MAI insurer may recover $2 000 if MAI premium fraud 272
345 MAI insurer may recover costs if no authority to use vehicle 273
346 MAI insurer may recover costs if injury intentional 274
347 MAI insurer may recover costs if driver using alcohol or drugs 274
Division 6.10.3 MAI insurer and nominal defendant
348 Insurer may recover costs if motor vehicle defective 275
349 Insurer may recover costs if fraud 276
Division 6.10.4 Nominal defendant
350 Nominal defendant may recover costs from responsible person or driver at fault 277
351 Nominal defendant may recover costs from responsible person or driver—uninsured or unidentified motor vehicle 277
352 Nominal defendant may recover costs from rail transport operator 279
353 Nominal defendant—access to territory information etc 280
Chapter 7 MAI insurer licences
Part 7.1 MAI insurer licences—preliminary
354 Definitions—Act 281
355 Meaning of former licensed insurer—ch 7 281
356 Offences—unlicensed insurer issues MAI policy 281
357 Unlicensed insurer liable for MAI policy 282
358 MAI insurer licence register 282
Part 7.2 MAI insurer licences—insurance industry deed
359 Meaning of insurance industry deed 283
360 What may be included in insurance industry deed 283
Part 7.3 MAI insurer licences—issue
361 MAI insurer licence—eligibility 285
362 MAI insurer licence—application 285
363 MAI insurer licence—decision on application 286
364 MAI insurer licence—term 288
Part 7.4 MAI insurer licences—conditions
365 Compliance with certain provisions 289
366 Compliance with MAI guidelines 289
366A Compliance with directions and remediation plans 289
367 Prompt management of applications for defined benefits 290
368 Early payment of treatment and care 290
369 Resolution of motor accident claims 290
370 Compliance with ACAT orders 291
371 Protected information 291
372 Provision of information to MAI commission 292
373 Dealing with complaints 292
374 Licensed insurer’s conduct and practices 292
375 Licensed insurer’s measures and policies 292
376 Compliance with MAI commission conditions 293
377 MAI commission conditions—power to include conditions 293
378 MAI insurer licence—prohibited conditions 294
379 Offence—contravening licence condition 295
380 Contravention of licence condition does not affect MAI policy 295
381 Offence—unlicensed insurer contravening licence condition 295
Part 7.5 MAI insurer licences—suspension
382 Meaning of suspended insurer—pt 7.5 297
383 Grounds for licence suspension—contraventions 297
384 Grounds for licence suspension—other grounds 298
385 Licence suspension 300
386 Ending licence suspension 301
387 Offence—issuing MAI policy if licence suspended 301
388 Effect of suspension on existing liabilities—suspended insurer 301
389 Suspended insurer selected after suspension 302
Part 7.6 MAI insurer licences—occupational discipline
390 Meaning of licensed insurer—pt 7.6 303
391 MAI commission may choose occupational discipline instead of prosecution 303
392 Grounds for occupational discipline 303
393 Applications to ACAT for occupational discipline 304
394 Occupational discipline orders 304
Part 7.6A Financial penalties
394A Definitions—pt 7.6A 306
394B Meaning of ground for financial penalty—pt 7.6A 306
394C Notice of proposed financial penalty 307
394D Imposing financial penalties 307
394E Mediation for serious contravention financial penalty notice 309
394F Payment of financial penalty 310
Part 7.6B MAI insurer licences—directions to licensed insurers
394G Directions to licensed insurers—general 310
394H Objection to direction 311
394I Directions to licensed insurers—remediation plans 312
Part 7.7 MAI insurer licences—cancellation
395 Grounds for licence cancellation 315
396 Proposed licence cancellation 315
397 Licence cancellation 316
Part 7.8 MAI insurer licences—transfer
398 MAI insurer licence—transfer 318
399 Transfer of policies to other insurers 319
400 Effect of transfer of policies 319
Part 7.9 MAI insurer licences—supervision
401 Licensed insurer to have business plan 321
402 Licensed insurer to comply with business plan 322
403 Licensed insurer to revise business plan 322
404 Business plans—MAI guidelines 322
405 Reinsurance arrangements of licensed insurers 323
406 Offence—licensed insurer to keep accounts 323
407 Audit of accounting records and compliance with MAI guidelines 324
408 Offence—licensed insurer to assist appointed auditor 325
409 Audit of licensed insurer’s profitability 325
410 MAI commission to analyse licensed insurer’s net profitability 325
411 Action if licensed insurer’s actual net profit differs from reasonable industry net profit 326
412 Reports about insurers 327
412A Notice of reportable conduct 328
413 MAI commission may apply for policy holder protection order 329
414 Court orders to protect policy holders 330
415 Offence—contravene court order 331
416 Offence—insurer to tell MAI commission about grounds for suspension 332
417 Offence—insurer to tell MAI commission of decrease in issued capital 332
418 Offence—insurer to tell MAI commission of bidder’s statement or target’s statement 333
419 Only MAI commission may issue proceeding against licensed insurer 333
Part 7.10 MAI insurer licences—insolvent insurers
420 Definitions—pt 7.10 334
421 Liquidators 334
422 Insolvent insurer declarations 335
423 Nominal defendant is insurer if MAI insurer insolvent 335
424 Nominal defendant may recover from insolvent insurer 336
425 Offence—liquidator to give applications for defined benefits and motor accident claims to nominal defendant 336
426 Offence—liquidator to give information etc to nominal defendant 337
427 Offence—liquidator to allow inspection of documents 338
428 Borrowing for nominal defendant fund 339
429 Nominal defendant may intervene in legal proceeding 339
430 Nominal defendant may take legal proceeding 340
Part 7.11 MAI insurer licences—miscellaneous
431 Insurer to deter fraudulent applications or claims 341
432 Communicating with people in relation to motor accident 341
Chapter 8 Enforcement
Part 8.1 Enforcement—general
433 Definitions—ch 8 342
Part 8.2 Enforcement—authorised people
434 MAI commission may appoint authorised people 343
435 MAI commission must give identity cards 343
436 Authorised person must show identity card on exercising power 344
437 Power to enter premises 345
438 Production of identity card 345
439 Consent to entry 346
440 General powers on entry to premises 347
441 Power to seize things 348
442 Power to require name and address 349
Part 8.3 Enforcement—search warrants
443 Warrants generally 351
444 Warrants—application made other than in person 352
445 Warrants—issue on application made other than in person 352
446 Warrants—announcement before entry 354
447 Details of warrant to be given to occupier etc 354
448 Occupier entitled to observe search etc 355
449 Moving things to another place for examination or processing under warrant 355
Part 8.4 Enforcement—return and forfeiture of things seized
450 Receipt for seized thing 357
451 Access to seized thing 357
452 Return of seized thing 358
453 Circumstances—s 452 358
454 Return of seized thing—extension of time 360
455 Application for order disallowing seizure 361
456 Order disallowing seizure 361
457 Forfeiture of seized thing 362
Part 8.5 Enforcement—miscellaneous
458 People assisting authorised people 363
459 Damage etc to be minimised 363
460 Compensation for exercise of enforcement powers 363
Chapter 9 Information collection and secrecy
461 Meaning of publish—ch 9 365
462 Licensed insurers must give information to MAI commission 365
463 Licensed insurer to provide investment details 368
464 How MAI commission is to make request 369
465 Offences—insurer to give periodic returns, documents and information 370
466 MAI commission may disclose information to licensed insurers etc 371
467 MAI commission—disclosure of information relating to complaints 371
468 Licensed insurer may disclose information to another licensed insurer 373
469 Lawyers etc must give information to MAI commission 374
470 Information about certain offences 375
471 MAI commission may disclose information to LTCS commissioner 376
472 MAI injury register 377
473 Publication of information—licensed insurers 378
474 Publication of net profit analysis of licensed insurer 380
475 Summary of report about insurers may be made public 380
476 Offences—use or divulge protected information 381
Chapter 10Notification and review of MAI commission reviewable decisions
477 Definitions—ch 10 384
478 Internal review notices 384
479 Applications for internal review 385
480 Applications not stay MAI commission reviewable decisions 385
481 MAI commission reviewer 385
482 Review by MAI commission reviewer 386
483 Reviewable decision notices 386
484 Applications for external review 386
Chapter 11 Miscellaneous
485 Offences—referral fees 387
486 Extraterritorial operation 389
487 MAI guidelines 390
488 Forms—MAI guidelines 390
489 Determination of fees 391
490 Determination of motor accident levy 391
491 Refund of motor accident levy 392
492 Regulation-making power 392
493 Review of operation of Act 393
Schedule 1 Defined benefits—dispute resolution 394
Part 1.1 Internally reviewable decisions 394
Part 1.2 ACAT reviewable decisions 398
Schedule 2 MAI Commission reviewable decisions 402
Dictionary404
Endnotes
1 About the endnotes 419
2 Abbreviation key 419
3 Legislation history 420
4 Amendment history 422
5 Earlier republications 429
6 Expired transitional or validating provisions 430
Motor Accident Injuries Act 2019
An Act about motor accident injuries, and for other purposes
Chapter 1Preliminary
Part 1.1Preliminary
Name of Act
This Act is the Motor Accident Injuries Act 2019.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘personal health information—see the Health Records (Privacy and Access) Act 1997, dictionary.’ means that the term ‘personal health information’ is defined in that dictionary and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Objects of Act
The main objects of this Act are to—
(a)ensure benefits are available to support all people injured in motor accidents on a no-fault basis, subject to some exclusions and limitations; and
(b)encourage early and appropriate treatment and care of people injured in motor accidents to achieve optimum recovery and return to pre-accident levels of activity and work; and
(c)support people injured in motor accidents to access defined benefits; and
(d)promote and encourage the early, quick, cost-effective and just resolution of disputes; and
(e)continue and improve the system of motor accident injury insurance, and the scheme of statutory insurance for uninsured and unidentified vehicles, operating in the ACT; and
(f)keep the costs of motor accident injury insurance at an affordable level; and
(g)provide frameworks that allow competition in setting premiums for motor accident injury insurance policies; and
(h)provide for the licensing and supervision of insurers providing motor accident injury insurance; and
(i)establish and keep a register of motor accident claims to help the administration of the statutory insurance scheme and the detection of fraud; and
(j)support and promote the prevention of motor accidents and the safe use of motor vehicles.
Application of Act
(1)This Act applies to the death or injury of a person that results from a motor accident if the motor accident—
(a)happened in the ACT on or after the day this Act commenced; and
(b)at least 1 motor vehicle involved in the motor accident had MAI cover under this Act at the time of the motor accident.
(2)For subsection (1) (b), a motor vehicle involved in a motor accident is taken to have had MAI cover under this Act at the time of the motor accident if—
(a)an MAI policy was in force for the motor vehicle at that time; or
(b)at that time, the motor vehicle was owned by—
(i)the Territory or a territory authority; or
(ii)the Commonwealth or a Commonwealth authority; or
NoteSee s 288 for motor vehicles owned by the Territory, a territory authority, the Commonwealth or a Commonwealth authority.
(c)a compulsory third-party insurance policy was in force for the motor vehicle under the law of a jurisdiction other than the ACT at that time; or
(d)there is a right of action against the nominal defendant under this Act in relation to the motor accident; or
(e)there would be a right of action against the nominal defendant under this Act in relation to the motor accident if the cause of the motor accident was the fault of the responsible person for, or the driver of, the motor vehicle in the use or operation of the motor vehicle.
Part 1.2Important concepts
Division 1.2.1 Injury concepts
Meaning of person injured in a motor accident
In this Act:
person injured in a motor accident means an individual who sustains a personal injury as a result of a motor accident.
NoteInjured person means a person injured in a motor accident (see dict).
Meaning of personal injury
In this Act:
personal injury means bodily injury and includes—
(a)psychological or psychiatric injury; and
(b)damage to spectacles, contact lenses, dentures, hearing aids, crutches, wheelchairs, artificial limbs and prosthetic devices; and
(c)death.
Examples—psychological or psychiatric injury
mental or nervous shock
Meaning of motor accident
In this Act:
motor accident means an incident that—
(a)involves the use or operation of a motor vehicle; and
(b)causes personal injury to an individual; and
(c)happens when—
(i)someone is driving the motor vehicle; or
(ii)someone or something collides with the motor vehicle; or
(iii)someone takes action to avoid colliding with the motor vehicle; or
(iv)the motor vehicle runs out of control.
Meaning of use motor vehicle
(1)In this Act:
use, a motor vehicle, includes the following:
(a)drive, park or stop the motor vehicle on a road or road related area;
(b)maintain the motor vehicle;
(c)if the motor vehicle is towing a trailer—use the trailer while attached to the vehicle;
(d)if the motor vehicle is a tow truck towing or carrying an uninsured motor vehicle—use or operate the uninsured vehicle being towed or carried;
(e)anything else prescribed by regulation.
(2)Also, if a trailer towed by a motor vehicle becomes detached from the vehicle and runs out of control, the use of the vehicle is taken to include the trailer while it is running out of control.
Meaning of permanent impairment
In this Act:
permanent impairment means the loss of, loss of the use of, or damage or malfunction of, any of the following:
(a)a part of the body;
(b)a bodily system or function;
(c)a part of a bodily system or function.
Meaning of whole person impairment (or WPI)
In this Act:
whole person impairment (or WPI), of a person, means the degree of permanent impairment of the whole person resulting from personal injury sustained as a result of a motor accident, expressed as a whole number percentage.
Meaning of independent medical examiner (or IME)
In this Act:
independent medical examiner (or IME) means a doctor who, under an arrangement with an authorised IME provider, conducts—
(a)medical examinations for WPI assessments; and
(b)SOI assessments.
Authorisation of IME providers
(1)The MAI commission must authorise entities to be IME providers for this Act (authorised IME providers).
(2)The MAI commission must not authorise an entity to be an IME provider unless satisfied that the entity—
(a)has expertise in arranging—
(i)medical examinations for WPI assessments; and
(ii)SOI assessments; and
(b)has entered into a deed of services with the MAI commission; and
(c)otherwise meets the criteria set out in the MAI guidelines for authorising an entity to be an IME provider.
(3)The MAI guidelines may make provision for the following:
(a)criteria for authorising an entity to be an IME provider;
(b)operational requirements to be imposed on an authorised IME provider;
(c)fees that may be charged by an authorised IME provider for provision of services for WPI assessments and SOI assessments.
Division 1.2.2 Insurance concepts
Meaning of nominal defendant
(1)For this Act, ACTIA is the nominal defendant.
NoteACTIA—see the dictionary.
(2)Any action or proceeding by or against the nominal defendant must be taken in the name of the ‘nominal defendant’.
Division 1.2.3 Indexation concepts
Meaning of average weekly earnings (or AWE)
In this Act:
average weekly earnings (or AWE) means the series of average weekly earnings issued by the Australian statistician, prescribed by regulation.
Meaning of AWE indexed for amount
(1)In this Act:
AWE indexed, for an amount, means the amount as adjusted in line with any adjustment in the AWE—
(a)after the commencement of the provision in which the amount appears; and
(b)on a day (an indexation day) prescribed by regulation for the amount; and
(c)rounded up to the nearest—
(i)for an amount referred to in section 96, section 97 or section 103—dollar; or
(ii)in any other case—whole $10.
(2)However, if an amount to be AWE indexed would, if adjusted in line with the adjustment (the negative adjustment) to the AWE, become smaller, the amount is not reduced in line with the negative adjustment.
(3)An amount that, in accordance with subsection (2), is not reduced may be increased in line with an adjustment in the AWE that would increase the amount only to the extent that the increase, or part of the increase, is not one that would cancel out the effect of the negative adjustment.
(4)Subsection (3) does not apply to a negative adjustment once the effect of the negative adjustment has been offset against an increase in line with an adjustment in the AWE.
Indexation of defined benefits and quality of life damages
(1)The MAI commission must, on or before each indexation day for an amount that is AWE indexed, declare—
(a)the AWE indexation factor for the amount; and
(b)the amount as indexed; and
(c)that the amount as indexed applies on the indexation day for the amount.
(2)A declaration under subsection (1) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(3)In this section:
AWE indexation factor, for an amount, means the factor worked out for the amount in the way prescribed by regulation.
indexation day—see section 18 (1) (b).
Division 1.2.4 Duties in relation to motor accidents
Duty to act in good faith—applicants, claimants and insurers
(1)This section applies to the following people:
(a)a licensed insurer;
(b)an applicant for defined benefits in relation to a motor accident;
(c)a claimant for a motor accident claim.
(2)Each person to whom this section applies—
(a)has a duty to act in good faith in relation to an application for defined benefits or a motor accident claim; and
(b)must endeavour to finalise the application, or resolve the claim, as justly and promptly as possible.
(3)The duty of an applicant or claimant to act in good faith in relation to an application for defined benefits or a motor accident claim includes the following:
(a)a duty to act honestly and with integrity at all times, and not to mislead, in all dealings and communications in relation to the application or claim;
(b)a duty to disclose, in a timely manner—
(i)all relevant information in relation to the application or claim, including reports by health practitioners; and
NoteHealth practitioner—see the Legislation Act, dictionary, pt 1.
(ii)any other information reasonably requested by an insurer in relation to the application or claim;
(c)a duty to do all things reasonably necessary to facilitate the resolution of a dispute in relation to the application or claim;
(d)a duty to take all reasonable steps to minimise the loss caused by the applicant’s or claimant’s personal injury, including—
(i)undertaking reasonable and necessary treatment and care, rehabilitation and vocational training; and
(ii)applying for treatment and care benefits as soon as practicable after the motor accident or after the applicant or claimant becomes aware of the personal injury; and
(iii)starting or returning to work as soon as practicable after a health practitioner certifies that the applicant or claimant is fit for starting or returning to work.
(4)The duty of a licensed insurer to act in good faith in relation to an application for defined benefits or a motor accident claim includes the following:
(a)a duty to disclose, as soon as practicable, all information that an applicant or claimant may reasonably need to understand the process for applying for defined benefits or making a motor accident claim;
(b)a duty to give an applicant information about the applicant’s entitlements to defined benefits;
(c)a duty to keep an applicant or claimant informed at all times about the status or progress of their application or claim;
(d)a duty to give the applicant or claimant written reasons for all decisions having a material effect on an entitlement to defined benefits or damages;
(e)a duty to tell an applicant or claimant about the applicant’s or claimant’s right to review of a decision of the insurer;
(f)a duty to promptly pay any defined benefits to which a person is entitled or damages agreed to in settlement of the motor accident claim or ordered by a court.
(5)If a court or the ACAT is hearing a dispute involving a licensed insurer and an applicant or claimant in relation to an application for defined benefits or a motor accident claim, the court or the ACAT may—
(a)take into account a duty the insurer, applicant or claimant has under this section; and
(b)make an order in relation to the exercise of the duty.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
Obligation to cooperate with MAI insurer—responsible person and driver
(1)This section applies if personal injury is caused by a motor accident.
(2)The responsible person for, or the driver of, a motor vehicle involved in the motor accident must comply fully with any reasonable request made by the MAI insurer for the motor vehicle for information in relation to an application for defined benefits or a motor accident claim resulting from the motor accident.
Maximum penalty: 20 penalty units.
NotePenalties imposed under this Act must be paid into the nominal defendant fund (see s 330).
(3)This section does not apply to a person if the person has a reasonable excuse for failing to comply with the request.
Part 1.3Motor accident injuries commission
NoteThe governance of territory authorities, including the MAI commission, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.
For example, the FMA, pt 9 deals with the corporate status of territory authorities and their powers.
Establishment of commission
The Motor Accident Injuries Commission is established.
Constitution of commission
The commission consists of the MAI commissioner.
Appointment of MAI commissioner
(1)The Minister must appoint a public servant as the MAI commissioner.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(2)An appointment must be for a term of not longer than 5 years.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
Functions of MAI commission
The MAI commission has the following functions:
(a)to regulate the licensing of insurers operating under the motor accident injuries insurance scheme under this Act, including to issue, suspend or cancel licences for insurers and supervise insurers;
(b)to ensure that premiums fully fund the present and likely future liability under this Act but are not excessive;
(c)to keep the insurance industry deed under review and make recommendations for its amendment;
(d)to monitor insurers’ compliance with their obligations under this Act;
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(e)to approve or reject MAI premiums and make guidelines in relation to premiums under this Act;
(f)to provide, or facilitate or regulate the provision of, information to the public about the motor accident injuries insurance scheme, causes of motor vehicle accidents, the insurance business, licensed insurers, defined benefits (including applications for defined benefits) and motor accident claims, and dispute resolution;
(g)to manage complaints about the market practices of licensed insurers and the handling practices of insurers in relation to applications for defined benefits and motor accident claims;
(h)to issue, monitor and review the MAI guidelines and other statutory instruments under this Act;
(i)to monitor, and advise the Minister about, the administration, efficiency and effectiveness of the motor accident injuries insurance scheme;
(j)to investigate any issue affecting the viability of the motor accident injuries insurance scheme;
(k)to support and promote safety in the use of motor vehicles and the prevention of motor accidents;
(l)to develop and coordinate strategies to identify and combat fraud in or related to applications for defined benefits and motor accident claims;
(m)to keep the motor accident injuries insurance scheme generally under review and make recommendations for its amendment;
(n)any other function given to the MAI commission under this Act or another territory law.
NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
Functions of MAI commissioner
The MAI commissioner has the functions given to the MAI commissioner under this Act or another territory law.
NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
Meaning of staff of the MAI commission
In this Act:
staff of the MAI commission means—
(a)staff employed under section 28; and
(b)consultants and contractors engaged under section 29.
MAI commission employed staff
(1)The MAI commission may employ staff on behalf of the Territory.
(2)The staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the MAI commission in relation to the employment of staff (see Public Sector Management Act 1994, s 152).
MAI commission consultants and contractors
(1)The MAI commission may, on behalf of the Territory, engage consultants and contractors to assist the commission in exercising its functions.
(2)However, the MAI commission must not enter into a contract of employment under this section.
Delegation by MAI commission
(1)The MAI commission may delegate the MAI commission’s functions under this Act or another territory law to—
(a)a member of staff of the MAI commission; or
(b)a public employee; or
(c)a person prescribed by regulation.
Note 1Public employee—see the Legislation Act, dictionary, pt 1.
Note 2For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
(2)A delegate may subdelegate to a person mentioned in subsection (1) (b) or (c) a function delegated under subsection (1) if the subdelegation is authorised, in writing, by the MAI commission.
Delegation by MAI commissioner
The MAI commissioner may delegate the MAI commissioner’s functions under this Act or another territory law to—
(a)a member of staff of the MAI commission; or
(b)a public employee; or
(c)a person prescribed by regulation.
Note 1Public employee—see the Legislation Act, dictionary, pt 1.
Note 2For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
MAI commission arrangements for staff and facilities
The MAI commission may arrange with the head of service to use the services of a public servant or Territory facilities.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).
Chapter 2Motor accident injuries—defined benefits
Part 2.1Interpretation—ch 2
Meaning of defined benefits
In this Act:
defined benefits means the following benefits:
(a)income replacement benefits;
(b)treatment and care benefits;
(c)quality of life benefits;
(d)death benefits;
(e)funeral benefits.
Meaning of relevant insurer for motor accident
(1)In this Act:
relevant insurer, for a motor accident, means—
(a)for a single vehicle accident—the insurer of the motor vehicle; and
(b)for a multiple vehicle accident—
(i)for a no-fault motor accident—the insurer of a motor vehicle involved in the accident determined under an approved industry arrangement to be the relevant insurer for the accident; or
NoteNo-fault motor accident—see s 254.
(ii)for any other case—the insurer of the motor vehicle whose driver or responsible person was most at fault in the motor accident.
NoteSee s 40 for provisions relating to interstate relevant insurers.
(2)In this section:
approved industry arrangement means an arrangement—
(a)between licensed insurers and the nominal defendant for determining the relevant insurer for a motor accident; and
(b)approved, in writing, by the MAI commission.
insurer, of a motor vehicle, means—
(a)for an insured motor vehicle—the MAI insurer for the motor vehicle; or
(b)for a motor vehicle insured by an interstate insurer—the interstate insurer; or
NoteInterstate insurer—see the dictionary.
(c)for an uninsured motor vehicle—the nominal defendant; or
(d)for an unidentified motor vehicle—the nominal defendant.
Meaning of full and satisfactory explanation by applicant—ch 2
(1)For this chapter, a full and satisfactory explanation by an applicant for a delay in applying for defined benefits is a full account of the conduct, including the actions, knowledge and belief of the applicant, from the date of the motor accident until the date of providing the explanation.
(2)The explanation is not a satisfactory explanation unless a reasonable person in the position of the applicant would have been justified in experiencing the same delay.
Examples—full and satisfactory explanation
1 An application for defined benefits in relation to a motor accident is delayed because a person injured in the motor accident becomes aware of the person’s injury sometime after the motor accident.
2 An application for defined benefits in relation to a motor accident is delayed because a person injured in the motor accident was not aware of the application process because the person did not receive accurate or timely information about the process.
3 An application for death benefits is delayed because the appointment of an executor for the dead person’s estate is delayed.
4 An application for death benefits is delayed because the dead person’s personal representative delayed in working out whether they were entitled to make the application.
Meaning of person who died as a result of a motor accident
In this Act:
person who died as a result of a motor accident means an individual who dies—
(a)as a result of a personal injury the person sustained as a result of a motor accident; and
(b)within 2 years after the date of the motor accident.
NoteDead person means a person who died as a result of a motor accident (see dict).
Part 2.2Defined benefits—entitlement
Division 2.2.1 Entitlement to defined benefits
Person injured in motor accident entitled to defined benefits
If a person sustains a personal injury as a result of a motor accident in the Territory, defined benefits are payable in relation to the personal injury.
Defined benefits payable by relevant insurer
The defined benefits payable to a person in relation to a personal injury are payable by the relevant insurer for the motor accident.
Payment of defined benefits by interstate relevant insurer
(1)This section applies if the relevant insurer for a motor accident is an interstate insurer (the interstate relevant insurer).
NoteInterstate insurer—see the dictionary.
(2)The interstate relevant insurer must—
(a)pay the defined benefits payable as a result of the motor accident; or
(b)enter into an arrangement with a licensed insurer that is an associated entity of the interstate relevant insurer for the licensed insurer to be the relevant insurer for the motor accident; or
(c)enter into an arrangement with the nominal defendant for the nominal defendant to manage the payment of the defined benefits on behalf of the interstate relevant insurer.
(3)However, if the insurance policy of an interstate relevant insurer does not provide benefits, on a no-fault basis, to an at-fault driver who sustains a personal injury in the motor accident—
(a)the nominal defendant is the relevant insurer for the motor accident for an application for defined benefits made by the at‑fault driver; and
(b)the interstate relevant insurer must give the nominal defendant any information it has in relation to the at-fault driver’s application for defined benefits.
(4)If the interstate relevant insurer enters into an arrangement with the nominal defendant under subsection (2) (c), the nominal defendant—
(a)has complete authority to make decisions for the management of the payment of the defined benefits; and
(b)may request an advance from the nominal defendant fund to fund the payment of the defined benefits; and
(c)may charge the interstate relevant insurer a fee for managing the payment of the defined benefits.
(5)The nominal defendant may recover as a debt from the interstate relevant insurer any costs reasonably incurred by the nominal defendant in relation to the management of the payment of the defined benefits.
(6)The nominal defendant may bring a proceeding for recovery of costs under this section before the costs have been actually paid in full and, in that case, a judgment for recovery of costs may provide that, as far as the costs have not been actually paid, the right to recover the costs is contingent on payment.
(7)This section does not affect a right of recovery that the nominal defendant may have, apart from this section, against the responsible person for, or the driver of, the motor vehicle at fault in the motor accident.
NoteAn amount recovered under this section by the nominal defendant must be paid into the nominal defendant fund (see s 330).
(8)In this section:
associated entity, of an interstate relevant insurer—see the Corporations Act, section 50AAA.
Division 2.2.2 Limitations and exceptions to entitlement
Meaning of driving offence
In this Act:
driving offence means an offence against any of the following provisions:
(a)the Crimes Act 1900, section 20 (Recklessly inflicting grievous bodily harm);
(b)the Criminal Code, section 318 (Taking etc motor vehicle without consent);
(c)the Road Transport (Alcohol and Drugs) Act 1977—
(i)section 19 (Prescribed concentration of alcohol in blood or breath), if the convicting court finds that the concentration of alcohol in the person’s blood or breath was at level 3; or
(ii)section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid), if the convicting court finds that the concentration of alcohol in the person’s blood or breath was at level 3; or
(iii)section 24 (Driving under the influence of intoxicating liquor or a drug), if—
(A)the offence relates to driving under the influence of intoxicating liquor; and
(B)a copy of a certificate or statement under that Act, section 41 (1) (a), (c) or (g) (Evidentiary certificate—alcohol-related tests) or section 41AD (Evidentiary certificate—analysis of sample for prescribed drug etc) that is admitted in evidence in a proceeding in relation to the offence shows that the concentration of alcohol in the person’s blood or breath was equivalent to level 3; or
(iv)section 24A (1) (Use vehicle or animal on road or road related area under influence of alcohol or drug), if a copy of a certificate under that Act, section 41 (1) (g) or section 41AD that is admitted in evidence in a proceeding in relation to the offence shows that the concentration of alcohol in the person’s blood was equivalent to level 3; or
(v)section 24A (2) if—
(A)a copy of a certificate under that Act, section 41 (1) (g) or section 41AD that is admitted in evidence in a proceeding in relation to the offence shows that the concentration of alcohol in the person’s blood was equivalent to level 3 or level 4; or
(B)the offence relates to the person being under the influence of a drug;
(d)the Road Transport (Safety and Traffic Management) Act 1999—
(i)section 5A (Races, attempts on speed records, speed trials etc); or
(ii)section 5B (Improper use of motor vehicle); or
(iii)section 5C (Failing to stop motor vehicle for police); or
(iv)section 6 (1) (a), (b) or (c) (Negligent driving); or
(v)section 7 (Furious, reckless or dangerous driving);
(e)a provision prescribed by regulation.
Definitions—div 2.2.2
In this division:
found guilty, of an offence—
(a)includes having the offence taken into account under the Crimes (Sentencing) Act 2005, section 57 (Outstanding additional offences taken into account in sentencing); but
(b)does not include having an order made for the offence under the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general).
level, for a concentration of alcohol in blood or breath—see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.
outstanding, for a charge—see the Bail Act 1992, section 9D (6).
Entitlement limited—uninsured motor vehicle
(1)This section applies if a person injured in a motor accident was the responsible person for, or the driver of, an uninsured motor vehicle involved in the motor accident.
(2)The injured person is entitled to income replacement benefits only if—
(a)the motor accident involved more than 1 motor vehicle and—
(i)another motor vehicle involved in the motor accident was an insured motor vehicle when the accident happened; and
(ii)the other vehicle’s insurer is the relevant insurer for the motor accident; or
(b)the motor accident—
(i)involved only 1 motor vehicle; and
(ii)is a no-fault motor accident; or
(c)the injured person—
(i)is the driver of the uninsured motor vehicle; and
(ii)believed on reasonable grounds that—
(A)the motor vehicle was an insured motor vehicle when the accident happened; and
(B)the responsible person for the motor vehicle consented to the injured person driving the vehicle.
(3)The injured person is entitled to quality of life benefits only if—
(a)another motor vehicle involved in the motor accident was an insured motor vehicle when the accident happened; and
(b)the other vehicle’s insurer is the relevant insurer for the motor accident.
Entitlement limited—single driving offence
(1)This section applies if a person injured in a motor accident is charged with a driving offence in relation to the motor accident.
(2)If the injured person has applied for quality of life benefits, the application is suspended for the period the charge is outstanding.
(3)Any entitlement to income replacement benefits or quality of life benefits by the injured person ends—
(a)if the injured person is convicted or found guilty of the driving offence—
(i)if the injured person does not appeal the conviction or finding of guilt—at the end of the appeal period for the offence; or
(ii)if the injured person appeals the conviction or finding of guilt—when the appeal is finalised and the conviction or finding of guilt is upheld; or
(b)if the injured person is entitled to immunity under the Diplomatic Privileges and Immunities Act 1967 (Cwlth) and the MAI commission makes a declaration under subsection (4)—
(i)if the injured person does not apply for review of the MAI commission’s decision to make the declaration—at the end of the time allowed under section 479 (3) to apply for review; or
(ii)if the injured person applies for review of the MAI commission’s decision to make the declaration—when the review and any subsequent review or appeal of the review decision is finalised, and the decision to make the declaration is upheld.
(4)The MAI commission may, on request by the relevant insurer for the motor accident, declare that, having taken into consideration the police accident report for the motor accident and any other evidence provided by the police, the injured person is not entitled to income replacement benefits or quality of life benefits.
NoteA decision to declare that an injured person is not entitled to income replacement benefits or quality of life benefits is a reviewable decision (see ch 10 and sch 2).
(5)The relevant insurer is not entitled to recover any amount of defined benefits paid to the injured person before the day the injured person’s entitlement to defined benefits ends.
No entitlement—multiple driving offences
(1)This section applies if a person injured in a motor accident is charged with 2 or more driving offences in relation to the motor accident.
(2)If the injured person has applied for quality of life benefits, the application is suspended for the period a charge is outstanding.
(3)Any entitlement to income replacement benefits, treatment and care benefits or quality of life benefits by the injured person ends—
(a)if the injured person is convicted or found guilty of 2 or more driving offences—
(i)if the injured person does not appeal the convictions or findings of guilt—at the end of the appeal period for the offences; or
(ii)if the injured person appeals the convictions or findings of guilt—when the appeal is finalised and the convictions or findings of guilt are upheld; or
(b)if the injured person is entitled to immunity under the Diplomatic Privileges and Immunities Act 1967 (Cwlth) and the MAI commission makes a declaration under subsection (4)—
(i)if the injured person does not apply for review of the MAI commission’s decision to make the declaration—at the end of the time allowed under section 479 (3) to apply for review; or
(ii)if the injured person applies for review of the MAI commission’s decision to make the declaration—when the review and any subsequent review or appeal of the review decision is finalised, and the decision to make the declaration is upheld.
(4)The MAI commission may, on request by the relevant insurer for the motor accident, declare that, having taken into consideration the police accident report for the motor accident and any other evidence provided by the police, the injured person is not entitled to the defined benefits mentioned in subsection (3).
NoteA decision to declare that an injured person is not entitled to the defined benefits mentioned in s (3) is a reviewable decision (see ch 10 and sch 2).
(5)If the injured person is convicted or found guilty of only 1 driving offence, any entitlement to income replacement benefits or quality of life benefits by the injured person ends—
(a)if the injured person does not appeal the conviction or finding of guilt—at the end of the appeal period for the offence; or
(b)if the injured person appeals the conviction or finding of guilt—when the appeal is finalised and the conviction or finding of guilt is upheld.
(6)The relevant insurer is not entitled to recover any amount of defined benefits paid to the injured person before the day the injured person’s entitlement to defined benefits ends.
Entitlement limited—injuries self-inflicted
(1)A person injured in a motor accident is not entitled to income replacement benefits or quality of life benefits if the injury is an intentionally self-inflicted injury.
(2)If the death of a person who died as a result of a motor accident is caused by an intentionally self-inflicted injury—
(a)the person’s estate is not entitled to quality of life benefits; and
(b)a dependant of the person is not entitled to death benefits.
Entitlement limited—detainees and young detainees
(1)A person injured in a motor accident is not entitled to income replacement benefits or treatment and care benefits during any period when the person is a detainee or a young detainee.
NoteA person with an injury to which the LTCS Act applies is eligible to participate in the LTCS scheme even though the person is imprisoned (see LTCS Act, s 15 (3)).
(2)In this section:
detainee—see the Corrections Management Act 2007, section 6.
young detainee—see the Children and Young People Act 2008, section 95.
No entitlement—serious offences
(1)This section applies if a person injured in a motor accident is charged with a serious offence in relation to the motor accident.
(2)If the injured person has applied for quality of life benefits, the application is suspended for the period the charge is outstanding.
(3)Any entitlement to income replacement benefits, treatment and care benefits or quality of life benefits by the injured person ends—
(a)if the injured person is convicted or found guilty of the serious offence—
(i)if the injured person does not appeal the conviction or finding of guilt—at the end of the appeal period for the offence; or
(ii)if the injured person appeals the conviction or finding of guilt—when the appeal is finalised and the conviction or finding of guilt is upheld; or
(b)if the injured person is entitled to immunity under the Diplomatic Privileges and Immunities Act 1967 (Cwlth) and the MAI commission makes a declaration under subsection (4)—
(i)if the injured person does not apply for review of the MAI commission’s decision to make the declaration—at the end of the time allowed under section 479 (3) to apply for review; or
(ii)if the injured person applies for review of the MAI commission’s decision to make the declaration—when the review and any subsequent review or appeal of the review decision is finalised, and the decision to make the declaration is upheld.
(4)The MAI commission may, on request by the relevant insurer for the motor accident, declare that, having taken into consideration the police accident report for the motor accident and any other evidence provided by the police, the injured person is not entitled to the defined benefits mentioned in subsection (3).
NoteA decision to declare that an injured person is not entitled to the defined benefits mentioned in s (3) is a reviewable decision (see ch 10 and sch 2).
(5)The relevant insurer is not entitled to recover any amount of defined benefits paid to the injured person before the day the injured person’s entitlement to defined benefits ends.
(6)In this section:
serious offence means an offence against any of the following provisions:
(a)the Crimes Act 1900—
(i)section 12 (Murder); or
(ii)section 15 (Manslaughter); or
(iii)section 19 (Intentionally inflicting grievous bodily harm); or
(iv)section 21 (Wounding); or
(v)section 29 (Culpable driving of motor vehicle);
(b)the Road Transport (Alcohol and Drugs) Act 1977—
(i)section 19 (Prescribed concentration of alcohol in blood or breath), if the convicting court finds that the concentration of alcohol in the person’s blood or breath was at level 4; or
(ii)section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid), if the convicting court finds that the concentration of alcohol in the person’s blood or breath was at level 4; or
(iii)section 22 (Refusing to provide breath sample); or
(iv)section 22A (Refusing to provide oral fluid sample); or
(v)section 22B (Failing to stay for screening test); or
(vi)section 22C (Refusing to undergo screening test); or
(vii)section 23 (Refusing blood test etc); or
(viii)section 24 (Driving under the influence of intoxicating liquor or a drug), if—
(A)the offence relates to driving under the influence of intoxicating liquor; and
(B)a copy of a certificate or statement under that Act, section 41 (1) (a), (c) or (g) (Evidentiary certificate—alcohol-related tests) or section 41AD (Evidentiary certificate—analysis of sample for prescribed drug etc) that is admitted in evidence in a proceeding in relation to the offence shows that the concentration of alcohol in the person’s blood or breath was equivalent to level 4; or
(ix)section 24, if the offence relates to driving under the influence of a drug; or
(x)section 24A (1) (Use vehicle or animal on road or road related area under influence of alcohol or drug) if—
(A)a copy of a certificate under that Act, section 41 (1) (g) or section 41AD that is admitted in evidence in a proceeding in relation to the offence shows that the concentration of alcohol in the person’s blood was equivalent to level 4; or
(B)the offence relates to the person being under the influence of a drug;
(c)the Road Transport (Safety and Traffic Management) Act 1999—
(i)section 5A (Races, attempts on speed records, speed trials etc), if the offence is an aggravated offence; or
(ii)section 7 (Furious, reckless or dangerous driving), if the offence is an aggravated offence; or
(iii)section 8 (Menacing driving);
(d)a provision prescribed by regulation.
first payment period, for division 2.4.3 (Income replacement benefits—payments)—see section 93.
first WPI report—see section 158.
fitness for work certificate, for part 2.4 (Defined benefits—income replacement benefits)—see section 104.
foreign national means a person who is not an Australian citizen or permanent resident.
former licensed insurer, for chapter 7 (MAI insurer licences)—see section 355.
full and satisfactory explanation by an applicant for a delay in applying for defined benefits, for chapter 2 (Motor accident injuries—defined benefits)—see section 35.
future treatment payment, for chapter 4 (Payment of future medical treatment expenses)—see section 222 (2).
gross income, of an injured person who is an employee, for part 2.4 (Defined benefits—income replacement benefits)—see section 76.
ground for financial penalty, for part 7.6A (Financial penalties)—see section 394B.
ground for occupational discipline—see section 392.
IME—see section 14.
income replacement benefit payment, for an injured person, for part 2.4 (Defined benefits—income replacement benefits)—see section 75.
independent assessor—see section 206.
independent medical examiner (or IME)—see section 14.
information, for part 2.3 (Application for defined benefits)—see section 53.
injured person means a person injured in a motor accident.
insolvent insurer, for part 7.10 (MAI insurer licences—insolvent insurers)—see section 420.
insolvent insurer declaration, for part 7.10 (MAI insurer licences—insolvent insurers)—see section 422.
insurance industry deed—see section 359.
insured motor vehicle—see section 286.
insured person, for a motor accident claim—see section 231.
insurer—
(a)in relation to an application for defined benefits, for part 2.10 (Defined benefits—dispute resolution)—see section 185; and
(b)of a motor vehicle, for a motor accident claim—see section 232; and
(c)of a person, for a motor accident claim—see section 232.
internally reviewable decision, for division 2.10.2 (Internal review of insurer’s decisions)—see section 186.
internal review, of an insurer’s internally reviewable decision, for division 2.10.2 (Internal review of insurer’s decisions)—see section 186.
internal review notice—
(a)for part 2.10 (Defined benefits—dispute resolution)—see section 191 (1) (b); and
(b)for chapter 10 (Notification and review of MAI commission reviewable decisions)—see section 477.
interstate insurer means an entity (including the Commonwealth, a Commonwealth authority and a State authority) that, under a law of the Commonwealth or a State, indemnifies the responsible person for, and the driver of, the motor vehicle against liability for the death or injury of a person.
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).
issue, of an MAI policy, includes the issue of a renewal of the policy.
late application, for defined benefits—see section 59.
late party, for division 5.7.5 (Judgment for noncompliance with time limits)—see section 278.
late receipt notice—see section 60.
level, for a concentration of alcohol in blood or breath, for division 2.2.2 (Limitations and exceptions to entitlement)—see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.
licensed insurer—
(a)see section 354; or
(b)for part 7.6 (MAI insurer licences—occupational discipline)—see section 390.
liquidator, for part 7.10 (MAI insurer licences—insolvent insurers)—see section 420.
LTCS Act means the Lifetime Care and Support (Catastrophic Injuries) Act 2014.
LTCS commissioner—see the LTCS Act, dictionary.
LTCS scheme—see the LTCS Act, dictionary.
MAI commission means the Motor Accident Injuries Commission established under section 22.
MAI commission condition—see section 377.
MAI commissioner means the person appointed as the MAI commissioner under section 24.
MAI commission reviewable decision, for chapter 10 (Notification and review of MAI commission reviewable decisions)—see section 477.
MAI commission reviewer, for chapter 10 (Notification and review of MAI commission reviewable decisions)—see section 481.
MAI guidelines means the guidelines made by the MAI commission under section 487.
MAI injury register—see section 472.
MAI insurance business, for a licensed insurer, means any business of the insurer associated with MAI policies.
MAI insured person, for an MAI policy—see section 286.
MAI insurer—see section 287.
MAI insurer licence—see section 354.
MAI policy—see section 286.
MAI policy issued by an insolvent insurer, for part 7.10 (MAI insurer licences—insolvent insurers)—see section 420.
MAI premium, for an MAI policy—see section 314.
mandatory final offer—see section 263.
medical treatment, for chapter 4 (Payment of future medical treatment expenses)—see section 221.
minor contravention, for part 7.6A (Financial penalties)—see section 394A.
motor accident—see section 10.
motor accident claim—see section 228.
motor accident injuries policy (or MAI policy)—see section 286.
multiple vehicle accident means a motor accident that involves more than 1 motor vehicle.
net income, of an injured person who is self-employed, for part 2.4 (Defined benefits—income replacement benefits)—see section 77.
no-fault motor accident—see section 254.
nominal defendant—see section 16.
nominal defendant fund—see section 330.
notice of affirmation or increase—see section 159.
occupier, of premises, for chapter 8 (Enforcement)––see section 433.
offence, for chapter 8 (Enforcement)––see section 433.
outstanding, for a charge, for division 2.2.2 (Limitations and exceptions to entitlement)—see section 42.
paid work, for part 2.4 (Defined benefits—income replacement benefits)—see section 78.
participant, in the LTCS scheme—see the LTCS Act, dictionary.
party, to a motor accident claim, for part 5.7 (Court proceedings on motor accident claims)—see section 257.
pension age—see the Social Security Act 1991 (Cwlth), section 23.
permanent impairment—see section 12.
permanent resident—see the Australian Citizenship Act 2007 (Cwlth), section 5.
personal health information—see the Health Records (Privacy and Access) Act 1997, dictionary.
personal injury—see section 9.
personal representative, of a person who died as a result of a motor accident—
(a)means the person to whom any grant of probate of the will or administration of the estate of the dead person has been made in the ACT, a State or another Territory; and
(b)includes an executor by representation or the public trustee and guardian.
person injured in a motor accident—see section 8.
person who died as a result of a motor accident—see section 36.
person with a legal disability means—
(a)a child; or
(b)a person with a mental disability.
person with a mental disability—
(a)means a person who is not legally competent to apply for defined benefits; and
(b)includes a person mentioned in paragraph (a) even if a guardian or manager has not been appointed for the person under the Guardianship and Management of Property Act 1991.
post-injury earning capacity, of an injured person, for division 2.4.3 (Income replacement benefits—payments)—see section 93.
pre-injury earning capacity—
(a)for a person on unpaid leave—see section 85; or
(b)for a person with a new work arrangement—see section 86; or
(c)for a full-time student—see section 87.
pre-injury income, for an injured person—see section 80.
pre-injury weekly income—
(a)for an ongoing employee or fixed term contractor—see section 81; or
(b)for a self‑employed person—see section 82; or
(c)for a casual worker—see section 83; or
(d)for a person receiving workers compensation—see section 84.
premises, for chapter 8 (Enforcement)––see section 433.
private medical examiner, for an injured person, for division 2.6.3 (Quality of life benefits—WPI assessment)—see section 145.
publish, for chapter 9 (Information collection and secrecy)—see section 461.
quality of life benefits application—see section 137.
quality of life damages—see section 242.
rail transport operator—see the Rail Safety National Law (ACT), section 4.
receipt notice—see section 60.
recovery plan, for an injured person, for part 2.5 (Defined benefits—treatment and care benefits)—see section 122.
registered motor vehicle means a motor vehicle registered under—
(a)the Road Transport (Vehicle Registration) Act 1999; or
(b)the Interstate Road Transport Act 1985 (Cwlth).
rehabilitation, of a person injured in a motor accident—see section 111.
related body corporate, in relation to a body corporate—see the Corporations Act, section 9.
relevant insurer, for a motor accident—see section 34.
relevant notice claim, for division 5.7.5 (Judgment for noncompliance with time limits)—see section 279.
required thing, under a compliance notice, for division 5.7.5 (Judgment for noncompliance with time limits)—see section 277.
respondent, for a motor accident claim, for chapter 5 (Motor accident injuries—common law damages)—see section 230.
road—
(a)means an area that is—
(i)open to or used by the public; and
(ii)developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; but
(b)does not include an area that would otherwise be a road but for a declaration under the Road Transport (General) Act 1999, section 12 (Power to include or exclude areas in road transport legislation) that this Act does not apply to the area.
road related area—
(a)means—
(i)an area that divides a road; or
(ii)a footpath or nature strip adjacent to a road; or
(iii)an area that is open to the public and is designated for use by cyclists or animals; or
(iv)an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles; or
(v)a shoulder of a road; or
(vi)any other area that is open to or used by the public so far as a declaration under the Road Transport (General) Act 1999, section 12 (Power to include or exclude areas in road transport legislation) declares that this Act applies to the area; but
(b)does not include an area that would otherwise be a road related area so far as a declaration under that section declares that this Act does not apply to the area.
second payment period, for division 2.4.3 (Income replacement benefits—payments)—see section 93.
second WPI report—see section 158.
self-employed, for part 2.4 (Defined benefits—income replacement benefits)—see section 74.
serious contravention, for part 7.6A (Financial penalties)—see section 394A.
significant occupational impact (or SOI), of an injured person’s injury on the injured person’s ability to undertake employment—see section 205.
single vehicle accident means a motor accident that involves only 1 motor vehicle.
SOI—see section 205.
SOI assessment, of a person injured in a motor accident—see section 207.
SOI assessment guidelines—see section 208.
SOI report—see section 207.
staff of the MAI commission—see section 27.
suspended insurer, for part 7.5 (MAI insurer licences—suspension)—see section 382.
travel expenses, for a person injured in a motor accident, for part 2.5 (Defined benefits—treatment and care benefits)—see section 115.
treatment and care, of a person injured in a motor accident—see section 110.
treatment and care expenses, for a person injured in a motor accident, for chapter 2 (Motor accident injuries—defined benefits)—see section 113.
treatment and care needs, of a participant in the LTCS scheme—see the LTCS Act, section 9.
unidentified motor vehicle—see section 327.
uninsured motor vehicle—see section 325.
unpaid leave, from paid work, for part 2.4 (Defined benefits—income replacement benefits)—see section 74.
unregistered vehicle permit—see the Road Transport (Vehicle Registration) Act 1999, dictionary.
use, a motor vehicle—see section 11.
UVP liability contribution—see section 332.
valid trader’s plate means a trader’s plate that—
(a)is issued by the road transport authority to a person; and
(b)the road transport authority has not required the person to return to the authority under the Road Transport (Vehicle Registration) Regulation 2000—
(i)section 89 (Recall of trader’s plates); or
(ii)section 101 (Return of trader’s plate); and
(c)has not been surrendered to the road transport authority under the Road Transport (Vehicle Registration) Regulation 2000, section 102 (Surrender of trader’s plates).
warrant, for chapter 8 (Enforcement)––see section 433.
whole person impairment (or WPI), of a person—see section 13.
workers compensation scheme means a workers compensation scheme under the Workers Compensation Act 1951, the Safety, Rehabilitation and Compensation Act 1988 (Cwlth), or a statutory workers compensation scheme of a place outside the ACT.
WPI, of a person—see section 13.
WPI assessment, of a person injured in a motor accident—see section 143.
WPI assessment guidelines—see section 146.
WPI report—see section 144.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Motor Accident Injuries Act 2019 A2019-12
notified LR 31 May 2019
s 1, s 2 commenced 31 May 2019 (LA s 75 (1))
remainder commenced 1 February 2020 (s 2 (1) and CN2019-13)as amended by
Road Transport Legislation Amendment Act 2019 A2019-21 pt 3
notified LR 8 August 2019
s 1, s 2 commenced 8 August 2019 (LA s 75 (1))
pt 3 commenced 1 February 2020 (s 2 (2) and see Motor Accident Injuries Act 2019 A2019-12, s 2 (1) and CN2019-13)Statute Law Amendment Act 2019 A2019-42 sch 1 pt 1.4, sch 3 pt 3.19
notified LR 31 October 2019
s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
sch 1 pt 1.4, sch 3 pt 3.19 commenced 1 February 2020 (s 2 (2) and see Motor Accident Injuries Act 2019 A2019-12, s 2 (1) and CN2019-13)Motor Accident Injuries Amendment Act 2020 A2020-2
notified LR 17 February 2020
s 1, s 2 taken to have commenced 1 February 2020 (LA s 75 (2))
remainder taken to have commenced 1 February 2020 (s 2)Justice Legislation Amendment Act 2020 A2020-42 pt 24
notified LR 27 August 2020
s 1, s 2 commenced 27 August 2020 (LA s 75 (1))
pt 24 commenced 28 August 2020 (s 2 (9))Road Transport Legislation Amendment Act 2022 A2022-3 sch 1 pt 1.1
notified LR 30 March 2022
s 1, s 2 commenced 30 March 2022 (LA s 75 (1))
sch 1 pt 1.1 commenced 13 April 2022 (s 2)Road Transport Legislation Amendment Act 2022 (No 2) A2022-5 sch 1 pt 1.1
notified LR 13 April 2022
s 1, s 2 commenced 13 April 2022 (LA s 75 (1))
sch 1 pt 1.1 commenced 11 May 2022 (s 2 (2))Motor Accident Injuries Amendment Act 2023 A2023-30
notified LR 7 July 2023
s 1, s 2 commenced 7 July 2023 (LA s 75 (1))
s 12 commenced 14 July 2023 (s 2 (2) (a))
remainder commenced 14 July 2023 (s 2 (1))Road Safety Legislation Amendment Act 2024 A2024-20 sch 1 pt 1.2
notified LR 24 May 2024
s 1, s 2 commenced 24 May 2024 (LA s 75 (1))
sch 1 pt 1.2 commenced 25 May 2024 (s 2 (1))Amendment history
Commencement
s 2om LA s 89 (4)
Meaning of AWE indexed for amount
s 18am A2023‑30 s 4
Duty to act in good faith—applicants, claimants and insurers
s 20am A2023‑30 s 5
Delegation by MAI commission
s 30am A2023‑30 s 6; pars renum R5 LA
Meaning of private medical examiner—ch 2
s 37om A2019-42 amdt 3.77
Meaning of driving offence
s 41am A2020‑42 s 130; A2022‑3 amdt 1.1; A2022‑5 amdt 1.1, amdt 1.2; A2024-20 amdt 1.2; pars renum R6 LA
Definitions—div 2.2.2
s 42def found guilty ins A2023‑30 s 7
def non-conviction order om A2023‑30 s 8
Entitlement limited—single driving offence
s 44am A2023‑30 s 9; ss renum R5 LA
No entitlement—multiple driving offences
s 45am A2023‑30 s 10
No entitlement—serious offences
s 48am A2020‑42 s 131, s 132; A2022‑5 amdt 1.3, amdt 1.4; A2023‑30 s 11, s 12; ss, pars renum R5 LA; A2024-20 amdt 1.3; pars renum R6 LA
Entitlement limited—workers compensation claimant
s 50sub A2023‑30 s 13
When entitlement to certain benefits ends
s 51am A2023‑30 s 14
Meaning of authority to disclose personal health information
s 54am A2023‑30 s 15
Application for defined benefits—authority to disclose personal health information
s 57am A2023‑30 s 16
Meaning of allowable expenses—ch 2
s 61sub A2019-42 amdt 3.78
Dispute about liability for application
s 70am A2023‑30 s 17
Application for defined benefits—notification of claim under workers compensation scheme
s 73sub A2023‑30 s 18
Meaning of gross income—pt 2.4
s 76am A2019-42 amdts 1.32-1.34
Meaning of capable of being in paid work—pt 2.4
s 79am A2019-42 amdt 3.79
Meaning of pre-injury weekly income—ongoing employee or fixed term contractor
s 81am A2019-42 amdt 3.80, amdt 3.81
Meaning of pre-injury weekly income—self-employed person
s 82am A2019-42 amdt 3.82
Meaning of pre-injury weekly income—person receiving workers compensation
s 84am A2019-42 amdt 3.83
Meaning of AWE adjusted—div 2.4.3
s 94am A2023‑30 s 19
Amount of income replacement benefits—first payment period
s 96am A2019-42 amdts 1.35-1.37
Amount of income replacement benefits—second payment period
s 97am A2019-42 amdt 1.38, amdt 1.39
Notice required to reduce or stop income replacement benefit payments
s 107am A2023‑30 s 20
Who is entitled to treatment and care benefits?
s 112am A2023‑30 s 21
Assessment of injured person’s injuries
s 121am A2023‑30 s 22, s 23
Recovery plan—suspension of benefits
s 124Ains A2023‑30 s 24
Who is entitled to quality of life benefits?
s 132am A2023‑30 s 25
Quality of life benefits application
s 137am A2023‑30 ss 26-28
WPI assessment 4 years 6 months after motor accident
s 141am A2023‑30 s 29, s 30
Meaning of private medical examiner—div 2.6.3
s 145am A2019-42 amdt 1.40
WPI assessment—multiple body systems affected
s 151am A2019-42 amdt 3.84; A2023‑30 s 31, s 32
WPI less than 5%—insurer may make offer
s 154 hdgsub A2023‑30 s 33
s 154am A2023‑30 ss 34-36
WPI 5% to 9%—insurer must make offer
s 155 hdgsub A2023‑30 s 37
s 155am A2019-42 amdt 3.85; ss renum R1 LA
WPI 10% or more—injured person not entitled to make motor accident claim
s 156am A2019-42 amdt 3.86; ss renum R1 LA
WPI 10% or more—injured person entitled to make motor accident claim
s 157am A2019-42 amdt 3.87; ss renum R1 LA; A2023‑30 s 38, s 39
Second WPI report—original WPI may be affirmed or increased
s 159am A2023‑30 s 40
Final offer WPI less than 5%
s 161am A2023‑30 ss 41-43
Final offer WPI 5% to 9%
s 162am A2023‑30 s 44, s 45
Final offer WPI 10% or more—injured person not entitled to make motor accident claim
s 163am A2023‑30 s 46, s 47
Final offer WPI 10% or more—injured person entitled to make motor accident claim
s 164am A2023‑30 s 48, s 49
WPI assessment—relevant insurer to pay
s 165am A2023‑30 s 50
Effect of certain WPI assessments on motor accident claim
s 166am A2019-42 amdt 3.88; A2023‑30 s 51
Meaning of ACAT reviewable decision—div 2.10.3
s 192 hdgsub A2019-42 amdt 3.89
s 192am A2019-42 amdt 3.90
Legal costs and fees payable by applicants and insurers
s 203am A2020-2 s 4
Meaning of independent assessor
s 206sub A2023‑30 s 52
Meaning of SOI assessment and SOI report
s 207am A2023‑30 ss 53-55
SOI assessment guidelines
s 208am A2023‑30 s 56
SOI assessment 4 years 6 months after motor accident
s 209am A2019-42 amdt 3.91; A2023‑30 s 57
Arrangement of SOI assessment
s 210am A2023‑30 s 58
SOI assessment—provision of information
s 211am A2023‑30 s 59
SOI report to be prepared
s 212am A2023‑30 s 59
SOI report—injury has significant occupational impact
s 213am A2023‑30 s 60, s 61
SOI report—no significant occupational impact—ACAT review
s 215am A2023‑30 s 62
ACAT review—decision
s 218am A2023‑30 s 63, s 64; ss renum R5 LA
Future treatment payment—assessment and calculation
s 223am A2023‑30 s 65, s 66
Motor accident claim—notification of claim made under workers compensation scheme
s 238sub A2023‑30 s 67
Award of damages—requirements
s 239am A2023‑30 ss 68-71
Application—pt 5.3
s 240am A2023‑30 s 72, s 73
WPI assessment—application and assessment
s 241am A2019-42 amdt 3.92; pars renum R1 LA; A2023‑30 ss 74‑78; pars renum R5 LA
Court orders in favour of claimant
s 282am A2019-42 amdt 3.93
Legal costs and fees payable by claimants and insurers
s 284am A2020-2 s 5
Offence—use uninsured motor vehicle on road or road related area
s 289am A2019-21 s 6
Establishment of nominal defendant fund
s 330am A2023‑30 s 79
Compliance with certain provisions
s 365am A2023‑30 s 80
Compliance with directions and remediation plans
s 366Ains A2023‑30 s 81
Suspended insurer selected after suspension
s 389am A2023‑30 s 82, s 83
MAI commission may choose occupational discipline instead of prosecution
s 391am A2023‑30 s 84
Occupational discipline orders
s 394am A2023‑30 s 85
Financial penalties
pt 7.6A hdgins A2023‑30 s 86
Definitions—pt 7.6A
s 394Ains A2023‑30 s 86
def financial penalty notice ins A2023‑30 s 86
def ground for financial penalty ins A2023‑30 s 86
def minor contravention ins A2023‑30 s 86
def serious contravention ins A2023‑30 s 86
Meaning of ground for financial penalty—pt 7.6A
s 394Bins A2023‑30 s 86
Notice of proposed financial penalty
s 394Cins A2023‑30 s 86
Imposing financial penalties
s 394Dins A2023‑30 s 86
Mediation for serious contravention financial penalty notice
s 394Eins A2023‑30 s 86
Payment of financial penalty
s 394Fins A2023‑30 s 86
MAI insurer licences—directions to licensed insurers
pt 7.6B hdgins A2023‑30 s 86
Directions to licensed insurers—general
s 394Gins A2023‑30 s 86
Objection to direction
s 394Hins A2023‑30 s 86
Directions to licensed insurers—remediation plans
s 394Iins A2023‑30 s 86
Notice of reportable conduct
s 412Ains A2023‑30 s 87
How MAI commission is to make request
s 464am A2023‑30 s 88
Extraterritorial operation
s 486am A2019-42 amdt 3.94; ss renum R1 LA
Transitional
ch 15 hdgexp 1 February 2025 (s 613)
Definitions—ch 15
s 600exp 1 February 2025 (s 613)
CTP premiums paid before commencement day
s 601exp 1 February 2025 (s 613)
Motor accidents happening before commencement day
s 602exp 1 February 2025 (s 613)
Existing claims under repealed Act
s 603exp 1 February 2025 (s 613)
CTP policies under repealed Act
s 604exp 1 February 2025 (s 613)
Licensed insurers
s 605exp 1 February 2025 (s 613)
Former insurers
s 606exp 1 February 2025 (s 613)
Powers of CTP regulator may be exercised by MAI commission
s 607exp 1 February 2025 (s 613)
Information to be provided by licensed insurers under repealed Act
s 608exp 1 February 2025 (s 613)
Powers of nominal defendant under repealed Act
s 609exp 1 February 2025 (s 613)
Nominal defendant fund
s 610exp 1 February 2025 (s 613)
Annual report
s 611exp 1 February 2025 (s 613)
Transitional regulations
s 612exp 1 February 2025 (s 613)
Expiry—ch 15
s 613exp 1 February 2025 (s 613)
Repeals and consequential amendments
ch 16 hdgom LA s 89 (3)
Legislation amended—sch 3
s 614om LA s 89 (3)
Legislation repealed
s 615om LA s 89 (3)
Internally reviewable decisions
sch 1 pt 1.1am A2023‑30 s 89; items renum R5 LA
ACAT reviewable decisions
sch 1 pt 1.2am A2023‑30 s 90; items renum R5 LA
Consequential amendments
sch 3om LA s 89 (3)
Dictionary
dictdef financial penalty notice ins A2023‑30 s 91
def ground for financial penalty ins A2023‑30 s 91
def independent assessor ins A2023‑30 s 92
def independent health assessor om A2023‑30 s 93
def initial period om A2019-42 amdt 3.95
def minor contravention ins A2023‑30 s 94
def non-conviction order om A2023‑30 s 95
def private medical examiner sub A2019-42 amdt 3.96
def road sub A2019-42 amdt 3.97
def serious contravention ins A2023‑30 s 96
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
1 Feb 20201 Feb 2020–
27 Aug 2020A2019‑42 amendments by A2019-21 and A2019‑42 R1 (RI)
17 Feb 20201 Feb 2020–
27 Aug 2020A2019‑42 reissued for retrospective amendments by A2020-2 R2
28 Aug 202028 Aug 2020–
12 Apr 2022A2020‑42 amendments by A2020‑42 R3
13 Apr 202213 Apr 2022–
10 May 2022A2022‑3 amendments by A2022‑3 R4
11 May 202211 May 2022–
13 July 2023A2022‑5 amendments by A2022‑5 R5 (RI)
12 Aug 202414 July 2023–
24 May 2024A2023‑30 amendments by A2023‑30
reissued for textual correction in s 394D, s 394ER6 (RI)
25 May 202425 May 2024–
1 Feb 2025A2024‑20 amendments by A2024‑20
reissued for textual correction in s 394D, s 394E
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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