Motor Vehicle (Third Party Insurance) Regulations 2009 (WA)
Western Australia
Motor Vehicle (Third Party Insurance) Act 1943
Western Australia
Western Australia
Motor Vehicle (Third Party Insurance) Act 1943Motor Vehicle (Third Party Insurance) Act 1943
These regulations are the
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the
Gazette ;(b) the rest of the regulations — on the day after that day.
In these regulations —
For the purposes of section 3R(4)(a) of the Act the following information for each vehicle in respect of which the Director General has issued a policy of insurance is prescribed —
(a) details of the make and model of the vehicle;
(b) the vehicle class;
(c) the day on which a vehicle licence for the vehicle is granted, renewed or transferred under the
Road Traffic (Vehicles) Act 2012 section 5(3);(d) the day the vehicle licence expires;
(e) details of the number plate issued for the vehicle under the
Road Traffic (Vehicles) Act 2012 ;(f) the name and address of the owner of the vehicle.
(1) The form in Schedule 1 is the prescribed form of notice for the purposes of section 29 of the Act.
(2) The managing director may approve a form for a purpose listed in the Table.
s.7(2) | Notice of claim where insured person is dead or cannot be served |
s. 7(3) | Notice of claim where identity of motor vehicle cannot be ascertained |
s. 8(5) | Notice of intention to make claim where driver of uninsured vehicle is dead or cannot be found |
s. 10(1) | Notice of happening of accident by driver of motor vehicle |
s. 10(2) | Notice of happening of accident by owner of motor vehicle |
s. 10(3) | Notice of a claim being made upon an insured person or the owner or driver of an uninsured motor vehicle |
s. 12(1)(b) | Notice of claim for cost of transporting an injured person |
For the purposes of section 12(1)(b)(iii) of the Act, the amount to be paid to a person who conveys an injured person is —
(a) in the case of an ambulance service with whom the Commission has a written agreement — an amount calculated in accordance with the agreement; or
(b) otherwise — an amount calculated in accordance with the following formula —
where —
P is the amount to be paid;
D is the distance in kilometres, by the most practical route, from the place of the accident to the place where the injured person is taken;
R is the rate per kilometre calculated in accordance with the
Workers Compensation and Injury Management Regulations 2024 regulation 35(1) and (2).
(1) This regulation applies for the purposes of recalculating for a financial year —
(a) Amounts A, B and C referred to in section 3C of the Act; and
(b) Amount D referred to in section 3D of the Act,
if the relevant information referred to in section 3C(8)(a) and 3D(8)(a) is not published by the Australian Statistician.
(2) If this regulation applies, Amounts A, B, C and D are to be recalculated under section 3C(8) and 3D(8) by increasing the respective amounts for the preceding financial year by the percentage by which the index for ordinary time hourly rates of pay excluding bonuses (original) for Western Australia, published by the Australian Statistician, varies between 1 January and 31 December in the calendar year preceding the recalculation date.
A permit granted under the
At the time number plates for use on an unlicensed motor vehicle are issued under the
Except as provided in regulations 8 and 9, the Director General is not to issue a policy of insurance under the Act in respect of a motor vehicle that is not licensed under the
A licence granted under the
The
[r. 5(1)]
Ref. No. .............. | |||||
I notify the Insurance Commission of Western Australia that ...................................... ............................. [name of claimant] intends to claim damages for death/bodily injury directly caused by, or by the driving of, a motor vehicle. | |||||
........./........./......... | ................................ | ||||
Surname | Given Names | ||||
Address | |||||
Surname | Given Names | ||||
Address | |||||
Surname | Given Names | ||||
Address | |||||
.........../.........../........... | |||||
Has the claimant previously made a personal injuries claim in respect of this or any other injury? Yes No If yes, provide the following details in respect of each claim. | |||||
This is a compilation of the
26 Jun 2009 p. 2570‑3 | r. 1 and 2: 26 Jun 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 27 Jun 2009 (see r. 2(b)) | |
8 Jan 2015 p. 111‑12 | r. 1 and 2: 8 Jan 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and | |
SL 2024/133 26 Jun 2024 | 1 Jul 2024 (see r. 2(b)) |
managing director............................................................................................................ 3
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