Motor Accident Insurance Amendment Regulation (No. 3) 2000 (Qld)

Queensland Subordinate Legislation 2000 No. 236 Motor Accident Insurance Act 1994 MOTOR ACCIDENT INSURANCE AMENDMENT REGULATION (No. 3) 2000 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Amendment of s 5B (Levies and administration fee—Act, s 14A) . . . . . . . 3 6 Replacement of s 10 (Claims—Act, s 37) . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10 Notice of claim—Act, s 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10A Additional information form—Act, s 37A . . . . . . . . . . . . . . . . . . . . . 7 7 Replacement of s 16 (Information to be provided by return—Act, s 88) . . 7 16 Information to be provided by return—Act, s 88 . . . . . . . . . . . . . . . . 7 8 Insertion of new ss 16A and 16B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16A Panels of recognised medical experts—Act, s 45A . . . . . . . . . . . . . 11 16B Costs where mandatory final offer is accepted—Act, s 51C . . . . . . 12 9 Amendment of s 18 (Exchange of information—Act, s 92(2)) . . . . . . . . . . 12 10 Amendment of sch 1 (Table of vehicle classes) . . . . . . . . . . . . . . . . . . . . . . 13 11 Amendment of sch 2 (Motor Accident Insurance Act 1994 industry deed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

s1 2 s4 Motor Accident Insurance Amendment (No. 3) No. 236, 2000 ˙ Short title 1. This regulation may be cited as the Motor Accident Insurance Amendment Regulation (No. 3) 2000 . ˙ Commencement 2.(1) This regulation (apart from section 10) commences on 1 October 2000. (2) Section 10 commences on 1 April 2001. ˙ Regulation amended 3. This regulation amends the MotorAccidentInsuranceRegulation1994 . ˙ Amendment of s 3 (Definitions) 4. Section 3— insert — ‘ “derivative claim” means a motor vehicle accident claim based on the death of, or injury to, a person in a motor vehicle accident, other than the claimant. Examples— 1. A claim brought on behalf of the dependants of a person killed in a motor vehicle accident. 2. A claim brought by the spouse of a person injured in a motor vehicle accident for loss of matrimonial consortium. “disability” includes a personal injury and an illness. “injured person” includes a person who dies as a result of injury received in a motor vehicle accident. “notice of claim” means a notice under section 37 1 of the Act.’. 1 Section 37 (Notice of accident claim) of the Act

s5 3 s6 Motor Accident Insurance Amendment (No. 3) No. 236, 2000 ˙ Amendment of s 5B (Levies and administration fee—Act, s 14A) 5. Section 5B(4)— omit, insert— ‘ (4) However— (a) if the registration period is 6 months or less, a further amount of $1 is to be added to the amount of the administration fee calculated under subsection (3) unless— (i) the administration fee is governed by paragraph (b); or (ii) the motor vehicle is registered up to a common expiry date with another motor vehicle or other motor vehicles; and (b) if the motor vehicle is a motor vehicle (other than a trailer) for which a permit has been, or is to be, issued allowing the vehicle to be driven on roads while unregistered, the levy and administration fee are as prescribed by subsections (1) and (2) irrespective of the period of the permit.’. ˙ Replacement of s 10 (Claims—Act, s 37) 6. Section 10— omit, insert— ˙ ‘ Notice of claim—Act, s 37 ‘ 10.(1) A notice of claim must include particulars (so far as the claimant knows or can reasonably find out the particulars) of— (a) the claimant, including— (i) the claimant’s full name and address; and (ii) the claimant’s date of birth; and (iii) the claimant’s gender; and (iv) the claimant’s occupation and, if the claimant is currently employed, the name and address of the employer; and (b) the circumstances of the accident, including— (i) the date, time and place of the accident; and

s6 4 s6 Motor Accident Insurance Amendment (No. 3) No. 236, 2000 (ii) whether the claimant (or, in the case of a derivative claim, the injured person) came to be involved in the accident as driver, passenger or in some other capacity (which must be stated); and (iii) whether the claimant (or, in the case of a derivative claim, the injured person) was using a protective device (such as a seatbelt or safety helmet) at the time of the accident and, if so, the nature of the safety device; and (iv) details of the claimant’s consumption of alcohol or drugs (or, in the case of a derivative claim, the injured person’s consumption of alcohol or drugs) in the period of 12 hours immediately before the accident and, if the claimant (or injured person) was an occupant, but not the driver, of a motor vehicle involved in the accident, details of the driver’s consumption of alcohol or drugs in the period of 12 hours immediately before the accident; and (v) details of how the accident came to happen; and (vi) a diagram showing (to the best of the claimant’s knowledge) the scene of the accident; and (c) the cause of the accident, including— (i) who was (in the claimant’s opinion) responsible for causing the accident; and (ii) why the claimant attributes responsibility to that person or those persons; and (d) the make, model, type, colour, year of manufacture, and registration number of each vehicle involved in the accident; and (e) the name and address of the owner and of the driver of each motor vehicle involved in the accident; and (f) the names and addresses of the witnesses of the accident; and (g) the name of the police officer who attended the scene of the accident, or to whom the accident was reported, and the police station where the police officer was stationed and the traffic incident number assigned to the accident; and (h) the claimant’s employment and income at the time of the accident;

s6 5 s6 Motor Accident Insurance Amendment (No. 3) No. 236, 2000 and (i) all significant disabilities suffered by the claimant; and (j) all claims made by the claimant for damages, compensation or social security benefits for a significant disability; and (k) all amounts received by the claimant by way of damages, compensation or social security benefits for a significant disability; and (l) in the case of a claim other than a derivative claim—the date the claimant was first examined by a doctor in relation to personal injury resulting from the accident; and (m) the date the claimant first consulted a lawyer about the possibility of making a claim. ‘ (2) The notice must contain— (a) a statement of the nature and extent of the claimant’s loss (as far as it can be assessed at the date of the notice); and (b) a statement of an amount the claimant would be willing to accept in full satisfaction of the claim (an “offer of settlement” ) or a statement of why the claimant is not yet in a position to make an offer of settlement. ‘ (3) Unless the claim is a derivative claim, the notice must contain a certificate signed by a doctor (the “medical certificate” ) stating— (a) the doctor’s name, address, professional qualifications and provider number; and (b) a description of the injury and its effects including the extent the injury has limited, or is likely to limit, the claimant’s ability to work; and (c) details of hospitalisation and medical treatment to the date of the certificate and medical treatment the doctor considers will be necessary in the future. ‘ (4) The notice must— (a) be in a form approved by the commission; and (b) be signed and witnessed as indicated in the form; and

s6 6 s6 Motor Accident Insurance Amendment (No. 3) No. 236, 2000 (c) if the form indicates that information to be provided by the claimant in the notice (or some of it) is to be verified by the claimant on oath—contain the form of the oath completed (as indicated on the form) by the claimant and a person who is authorised by law to take the oath; and (d) if the claim is a derivative claim made by or on behalf of the dependants of a person who died as a result of injury received in a motor vehicle accident—be accompanied by a copy of the death certificate. ‘ (5) The notice must include written permission allowing the insurer to have access to, and to make copies of, records about the claimant and relevant to the claim in the possession of the following— (a) other licensed insurers; (b) insurers that carry on the business of providing CTP insurance, workers’ compensation insurance, personal accident or illness insurance, or insurance against loss of income through disability; (c) a department, agency or instrumentality of the Commonwealth, the State or another State administering police, transport, taxation or social welfare laws; (d) a hospital (including a private hospital); (e) an ambulance or other emergency service; (f) a doctor, professional provider of rehabilitation services or person professionally qualified to assess cognitive, functional or vocational capacity; (g) an employer (or previous employer) of the claimant; (h) an educational institution. ‘ (6) If an insurer obtains information about the claimant through access to records under subsection (5), the insurer must pass the information on to the claimant within 1 month after obtaining the information. ‘ (7) However, an insurer may withhold information from a claimant if the insurer has reasonable grounds to suspect the claimant of fraud. ‘ (8) If an insurer withholds information from a claimant, the insurer must inform the commission of the decision, and of the grounds on which

s7 7 s7 Motor Accident Insurance Amendment (No. 3) No. 236, 2000 it was made, within 1 month after deciding to withhold the information. ‘ (9) For a notice of claim, a disability (before or after the date of the accident) is “significant” if— (a) the disability may be relevant to the assessment of the extent of the injury suffered by the claimant in the accident; or (b) the disability or its symptoms lasted for 4 weeks or more. ˙ ‘ Additional information form—Act, s 37A ‘ 10A. An additional information form must— (a) be signed and witnessed as indicated in the form; and (b) if the form indicates that information to be provided by the claimant in the form (or some of it) is to be verified by the claimant on oath—contain the form of the oath completed (as indicated on the form) by the claimant and a person who is authorised by law to take the oath.’. ˙ Replacement of s 16 (Information to be provided by return—Act, s 88) 7. Section 16— omit, insert— ˙ ‘ Information to be provided by return—Act, s 88 ‘ 16.(1) Within 7 days after the end of each reporting period, a licensed insurer must give the commission a return, in a form approved by the commission, for the reporting period under section 88 of the Act stating— (a) for each notice of claim received during the reporting period— (i) the required claim details; and (ii) if the notice of claim is not disputed—the required further claim details; and (b) for each disputed notice of claim for which the dispute was resolved during the reporting period—the required further claim details; and

s7 8 s7 Motor Accident Insurance Amendment (No. 3) No. 236, 2000 (c) for each notifiable step in the processing of a claim that takes place during the reporting period— (i) the nature of the step; and (ii) the date it was taken; and (iii) other details of the notifiable step the commission requires by written notice given to all licensed insurers. ‘ (2) Each of the following is a notifiable step in the processing of a claim— (a) a dispute affecting the notice of claim is resolved; (b) the insurer asks the claimant to complete an additional information form; (c) the claimant returns a completed additional information form to the insurer; (d) the insurer admits liability on a claim (with or without an allegation of contributory negligence against the claimant) or denies liability on the claim; (e) the insurer makes a decision about the provision of rehabilitation services for the claimant or agreement is reached on the rehabilitation services to be provided for the claimant; (f) a compulsory conference 2 is held; (g) a claim is settled; (h) a proceeding based on the claim is started in a court; (i) a court makes a decision about liability or quantum of damages; (j) a claim is finalised. ‘ (3) Within 15 days after the end of each reporting period, a licensed insurer must provide the commission with a return for the reporting period under section 88 of the Act— (a) stating the insurer’s costs on each claim for the reporting period, including details of— 2 See part 4, division 5A (Compulsory conference) of the Act.

s7 9 s7 Motor Accident Insurance Amendment (No. 3) No. 236, 2000 (i) professional legal costs and disbursements; and (ii) investigative costs; and (iii) private hospital, medical and pharmaceutical expenses; and (iv) the cost of medical examinations and obtaining medical reports; and (v) the cost of rehabilitation; and (vi) other costs the commission, by notice to the licensed insurers, requires to be separately itemised; and (b) stating the amount recovered under part 4, division 7 3 of the Act on each claim. ‘ (4) If a claim involves 2 or more insurers and a claim manager is appointed, an insurer (other than the claim manager) that has notified the required claim details and has notified the appointment of the claim manager is exempt from the obligation to notify further information about the claim under subsections (1) and (3). ‘ (5) A return must include particulars updating information supplied in previous returns about motor vehicle accidents, claims, estimates and costs. ‘ (6) In this section— “compliance date” , for a notice of claim, means— (a) if the notice is not a disputed notice of claim—the date the notice was received by the insurer; or (b) if the notice is a disputed notice of claim—the date the dispute was resolved. “disputed notice of claim” means a notice of claim is disputed if the insurer states in the insurer’s response to the notice of claim 4 that the insurer— (a) is not satisfied the notice has been given as required under part 4, division 3 5 of the Act; and 3 Part 4, division 7 (Insurer’s rights of recourse) of the Act 4 See section 39(1)(a) of the Act (Response to the notice of claim). 5 See part 4, division 3 (Claims procedures) of the Act.

s 7 10 s 7 Motor Accident Insurance Amendment (No. 3) No. 236, 2000 (b) does not waive compliance with the relevant requirements. “reporting period” means— (a) for subsection (1)—a month; or (b) for subsection (3)— (i) a quarter; or (ii) if the commission has given written notice to all licensed insurers that the reporting period is to be reduced to a month as from a specified date falling at least 3 months after the date of the notice and the specified date has passed—a month. “required claim details” , for a motor vehicle accident claim, means the following details— (a) the date the notice of claim was received by the insurer; (b) the date the insurer opened a file on the claim; (c) the date, time and place of the accident; (d) an identifying accident number assigned by the insurer; (e) an identifying claim number; (f) the relevant traffic incident number; (g) for each claimant— (i) the claimant’s full name and residential address; and (ii) the claimant’s date of birth. “required further claim details” , for a motor vehicle accident claim, means the following details— (a) the compliance date for the notice of claim; (b) the make, model, type, year of manufacture, and registration number of each motor vehicle involved in the accident; (c) the names and addresses of the owner and driver of each motor vehicle involved in the accident; (d) the name and address of each witness to the accident known to the insurer;

s 8 11 s 8 Motor Accident Insurance Amendment (No. 3) No. 236, 2000 (e) the circumstances of the accident (including how the claimant came to be involved in the accident); (f) the nature of the personal injury to the claimant; (g) the date (as shown in the notice of claim) on which the claimant was first examined by a doctor in relation to the personal injury; (h) the date (as shown in the notice of claim) on which the claimant first consulted a lawyer about the possibility of making a claim. “resolve” , if a notice of claim is disputed, means the dispute is resolved if— (a) the insurer is satisfied the claimant has complied with the relevant requirements of part 4, division 3 of the Act, is satisfied with the action taken by the claimant to remedy the noncompliance or waives compliance in any event; or (b) the court declares the claimant has remedied the noncompliance; 6 or (c) the court authorises further proceedings based on the claim despite the noncompliance. 7 ’. ˙ Insertion of new ss 16A and 16B 8. Part 5— insert— ˙ ‘ Panels of recognised medical experts—Act, s 45A ‘ 16A. For section 45A(2)(a) of the Act, the following professional bodies are prescribed— (a) the Queensland Law Society; (b) the Australian Plaintiff Lawyers Association; (c) the Insurance Council of Australia. 6 See section 39(5)(c)(i) of the Act. 7 See section 39(5)(c)(i) of the Act.

s 9 12 s 9 Motor Accident Insurance Amendment (No. 3) No. 236, 2000 ˙ ‘ Costs where mandatory final offer is accepted—Act, s 51C ‘ 16B.(1) For section 51C(4) of the Act, if a mandatory final offer for more than $30 000 but not more than $50 000 is accepted, the claimant is entitled to payment of costs calculated on the following basis— (a) 100% of item 1 costs; (b) 50% of item 5 costs; (c) the claimant’s costs of legal representation at the compulsory conference (if applicable) at the rate of $175 for the first hour and $150 for every hour after the first (and, for a period of less than 1 hour, the relevant proportion of the appropriate hourly rate); (d) the claimant’s costs of an application to the court up to a maximum of $400; (e) reasonable disbursements of which documentary evidence is available. ‘ (2) However, if the amount calculated under subsection (1) is more than $2 500, the claimant’s entitlement is limited to $2 500. ‘ (3) In this section— “item 1 costs” means costs allowable under the Uniform Civil ProcedureRules 1999 , schedule 3, part 2, item 1. “item 5 costs” means costs allowable under the Uniform Civil ProcedureRules 1999 , schedule 3, part 2, item 5.’. ˙ Amendment of s 18 (Exchange of information—Act, s 92(2)) 9.(1) Section 18(2)(d)— omit, insert— ‘(d) an ambulance or other emergency service;’. (2) Section 18(2)(f)— omit, insert— ‘(f) an employer (or previous employer) of the claimant; (g) an educational institution.’.

s 10 13 s 11 Motor Accident Insurance Amendment (No. 3) No. 236, 2000 ˙ Amendment of sch 1 (Table of vehicle classes) 10.(1) Schedule 1, item 15— omit, insert — ‘15 (a) Self-propelled machinery (other than a vehicle of class 14, 19 or 20); and (b) Fire engines, bush fire brigade vehicles and other emergency vehicles (but not ambulances)’. (2) Schedule 1, items 19 and 20— omit, insert — ‘19 Motor vehicles for which limited use plates have been, or are to be issued, on the basis that the use of the motor vehicles is restricted to specified locations 20 Motor vehicles for which limited use plates have been, or are to be issued, on the basis that the use of the motor vehicles within specified zones is restricted’. ˙ Amendment of sch 2 (Motor Accident Insurance Act 1994 industry deed) 11.(1) Schedule 2, section 3(3)(c)(i)— omit. (2) Schedule 2, section 13— omit, insert— ‘ Transport administration’s obligation to make its records available to the commission ‘ 13. Transport administration must provide the commission with access to transport administration’s records of motor vehicle registration and compulsory third party insurance.’. (3) Schedule 2, section 15— omit.

14 Motor Accident Insurance Amendment (No. 3) No. 236, 2000 ENDNOTES 1. Made by the Governor in Council on 14 September 2000. 2. Notified in the gazette on 15 September 2000. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Treasury Department. © State of Queensland 2000