Motor Vehicle (Third Party Insurance) Act Amendment Act 1972 (WA)

WESTERN AUSTRALIA.

MOTOR VEHICLE (THIRD

PARTY INSURANCE).

No. 42 of 1972.

AN ACT to abolish the Third Party Claims Tribunal

and for purposes incidental thereto.

[Assented to 16th June, 1972.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

1. (1) This Act may be cited as the Motor	Short title
and citation.

Vehicle (Third Party Insurance) Act Amendment

Act, 1972.

Reprinted as

(2) In this Act the Motor Vehicle (Third Party approved for reprint 14th

Insurance) Act, 1943-1971 is referred to as the

February. 1908 and

principal Act.

amended by Acts Noe. 21 of 1989, 19

of 1970, and

44 of 1971.

No. 42.] Motor Vehicle (Third Party [1972.

Insurance).

(3) The principal Act as amended by this Act may be cited as the Motor Vehicle (Third Party Insurance) Act, 1943-1972.

Commence-

ment. 2. This Act shall come into operation on a date

to be fixed by proclamation.

Amendment

to long 3. The long title to the principal Act is amended

title.

by deleting the passage ", to establish the Third

Party Claims Tribunal", in lines five and six.

Amendment

to s. 3.

4. Section 3 of the principal Act is amended

(Interpre-

tation.)

(a) by adding after the interpretation "Con- tract of Insurance" an interpretation as follows

"District Court" means The District Court of Western Australia estab- lished under the District Court of Western Australia Act, 1969; ; and

(b) by deleting the interpretations "Person under a legal disability", "the Chairman", and "the Tribunal".

Amendment

to s. 3P	5. Section 3P of the principal Act is amended by
ment or

(Establish-	substituting for the words "the Tribunal"—
Fund.)

(a)	in line four of subsection (3a); and
(b)	in line four of subsection (3b),

the words "a Court".

1972.] Motor Vehicle (Third Party [No. 42.

Insurance).

6. Section 16 of the principal Act is repealed r e-lent atijd

and re-enacted as follows— went of s. 16.

16. (1) In this section— Jurisdiction.

"action or proceedings" means action or proceedings making a claim for dam- ages, in respect of the death of or bodily injury to a person caused by or arising out of the use of a motor vehicle, against the owner or driver of the vehicle or against the Trust;

"Court" means Supreme Court, District Court, or Local Court established under the Local Courts Act, 1904, as the case may be;

"pending action or proceedings" means action or proceedings commenced in the Tribunal and pending or in pro- gress therein immediately before the proclaimed date, and includes action or proceedings in respect of which the tribunal had, at that time, power to review periodical payments, or to order that periodical payments be redeemed by a lump sum;

"proclaimed date" means the date on which the Motor Vehicle (Third Party Insurance) Act Amendment Act, 1972 comes into operation; and

"the Tribunal" means the Third Party Claims Tribunal abolished by subsec- tion (2) of this section.

(2) On the proclaimed date the Third Party

Claims Tribunal, established under this Act

before that date, is abolished.

(3)

On and after the proclaimed date a Court may, subject to the extent of its jurisdiction and to subsection (5) of this section, hear and determine any action or proceedings.

No. 42.1 Motor Vehicle (Third Party [1972.

Insurance).

(4) On the hearing and determination of any action or proceedings a Court shall, without in any way limiting its usual powers in relation thereto, have the following further powers

(a)	to award by way of general damages either a lump sum or periodical pay- ments or a lump sum and periodical payments, such periodical payments to be for such period and upon such terms as the Court determines; and
(b)	at any time either of its own motion or on the application of any party to the action or proceedings-

(i)   to review any periodical pay- ment and either continue, vary, reduce, increase, suspend, or determine it, or on the review to order payment to the claim- ant of a further lump sum; or

(ii)    to order that any such periodical payments be redeemed by pay- ment of a lump sum.

(5) Any pending action or proceedings shall, notwithstanding the amount of damages claimed, be continued in the District Court in accordance with such practice and procedure of the Tribunal, or the District Court, or a mixture of both, as the District Court, generally or for the particular case, directs.

(6) In relation to any pending action or pro- ceedings, the District Court may, with such modifications as are necessary or desirable, exercise all or any of the powers referred to in subsection (4) of this section.

(7) After the proclaimed date, the books and records of the Tribunal shall be kept by the Registrar of the District Court and that Regis- trar may certify for all purposes any such book or record or any copy thereof or extract therefrom, as if he were the Registrar of the Tribunal. .

1972.] Motor Vehicle (Third Party [No. 42.

Insurance).

7.    Sections 16A to 1611, both inclusive, of the ne.118,2.g

principal Act are repealed. 16H.

8.    Section 29 of the principal Act is amended— trsorrent

(Notice of

(a) by substituting for the words "notice of c aim.) application"-

(i)    in line nine of subsection (2); and

(ii)    in line seven of subsection (3),

the word "summons";

(b) by substituting for the words "the Chair- man of the Tribunal", in lines twelve and thirteen of subsection (2), the words "a Judge of the Supreme Court or of the Dis- trict Court";

(c) by substituting for the word "Chairman"-

(i)    in line fourteen of subsection (2);

(ii)    in line one of subsection (3);

(iii)    in line two of subsection (4);

(iv)    in line two of subparagraph (i) of paragraph (b) of subsection (4);

(v)    in line three of subsection (5);

(vi)    in line two of subsection (6);

(vii)    in line six of subsection (6); and

(viii)    in line one of subsection (7),

the word "Judge";

(d) by deleting the passage ", in the same man- ner as prescribed in the rules of the Tribunal for service of a claim," in lines five and six of subsection (3);

No. 42.] Motor Vehicle (Third Party [1972.

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(e)	by deleting the passage ", in the manner prescribed in the rules of the Tribunal," in lines two and three of paragraph (a) of subsection (4); and
(f)	by substituting for the words "Registry of the Tribunal", in line five of subsection (6), the passage "Supreme Court or the District Court, as the case requires,".

Amendment

to s. 33

9. Section 33 of the principal Act is amended

(Regula-

tions.)

(a)	by deleting the words "rules and", in line one of subsection (1);
(b)	by repealing and re-enacting subsection (2) as follows

(2) In regulations made under sub- section (1) of this section penalties, recoverable summarily and not exceed- ing eighty dollars, may be prescribed for the breach of any regulation. ; and

(c) by deleting the passage "before the Tribunal," in lines one and two of subsec- tion (3) and substituting the passage "making a claim for damages, in respect of the death of or bodily injury to a person caused by or arising out of the use of a motor vehicle, against the owner or driver of the vehicle or against the Trust which proceedings have been entered for trial".

Repeal of

a. 33A. 10. Section 33A of the principal Act is repealed.