Queensland Consolidated Acts

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MOTOR ACCIDENT INSURANCE ACT 1994 - As at 5 December 2019 - Act 9 of 1994


TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Objects
   4.      Definitions
   4A.     References to insurer’s premium, a fee or costs
   4B.     Meaning of act of terrorism
   5.      Application of this Act

   PART 2 - MOTOR ACCIDENT INSURANCE COMMISSION

           Division 1 - Establishment of the commission

   6.      Establishment of commission
   7.      Constitution of the commission
   8.      Commission to be body corporate
   9.      Power of delegation
   9A.     Commission is statutory body

           Division 2 - General functions of commission

   10.     Commission’s functions
   11.     Advisory committees

           Division 3 - Insurance premiums

   12.     Insurance premiums
   13.     The insurer’s premium
   13A.    Premium rates
   14.     Recommendations about levies and administration fee
   14A.    Fixing levies and administration fee
   15.     Report and recommendations when costs of insurance exceed the affordability index
   15A.    (Repealed)

           Division 4 - The Nominal Defendant

   16.     The Nominal Defendant
   16A.    Nominal Defendant is statutory body
   17.     Nominal Defendant to keep public office
   18.     Nominal Defendant taken to be licensed insurer

           Division 5 - Annual report

   19.     Annual report

   PART 3 - COMPULSORY INSURANCE

           Division 1 - Obligation to insure

   20.     Offence of driving uninsured vehicle etc.
   20A.    Temporary gratuitous insurance

           Division 2 - Selection of insurer

   21.     Selection of insurer
   22.     Licensed insurer can not decline CTP business
   23.     Statutory policy of insurance
   24.     Transfer of registration
   25.     Motor vehicle must be insured under correct class
   26.     Non application in certain cases

           Division 3 - Disbursement of gross insurance premiums

   27.     Disbursement of gross premiums by transport administration
   27A.    Disbursement of gross premiums by insurers who receive premiums directly

           Division 4 - The statutory funds

   28.     Motor Accident Insurance Fund
   29.     Nominal Defendant Fund

           Division 5 - Transfer of CTP business

   30.     Transfer of CTP business

   PART 4 - CLAIMS

           Division 1 - The insurer

   31.     Principles for determining the insurer
   32.     Self-insurer as the insurer
   33.     Nominal Defendant as the insurer

           Division 2 - Duty to notify accidents and claims and provide information

   34.     Duty to notify accidents to police
   35.     Duty to provide information
   36.     Duty to notify claims

           Division 2A - Law practice certificates generally and certificates before notice of claim

   36A.    Law practice retained by claimant before notice of claim
   36B.    Meaning of law practice certificate
   36C.    Supervising principal cannot complete law practice certificate or notice
   36D.    False or misleading law practice certificate
   36E.    Law practice referral through sale of business

           Division 3 - Claims procedures

   37.     Notice of accident claim
   37AA.   Law practice certificate not given
   37AB.   Law practice retained by claimant after notice of claim
   37A.    Additional information form
   37B.    Witness information request made by insurer
   38.     Multiple insurers
   39.     Response to the notice of claim
   39A.    Duty to give law practice certificate if waiver or presumption
   40.     Minority and legal disabilities
   41.     Insurer must attempt to resolve claim
   41A.    Supervising principal must complete law practice certificate on settlement or judgment
   42.     Payment of medical expenses etc.
   43.     Insured person not to admit liability
   44.     Power of insurer to act for insured
   44A.    (Repealed)
   44B.    (Repealed)
   44C.    (Repealed)
   44D.    (Repealed)

           Division 4 - Cooperation between claimant and insurer

   45.     Duty of claimant to cooperate with insurer
   45A.    Panels of recognised medical experts
   46.     Claimant and insurer may jointly arrange for expert report
   46A.    Examination of claimant by medical expert in absence of agreement between the parties
   46B.    Costs of obtaining expert reports where reports obtained by agreement
   47.     Duty of insurer to cooperate with claimant
   48.     Non-disclosure of certain material
   49.     Privilege

           Division 4A - Enforcement of divisions 2, 3 and 4

   50.     Court’s power to enforce compliance with divs 2, 3 and 4

           Division 5 - Rehabilitation

   51.     Obligation to provide rehabilitation services

           Division 5A - Compulsory conference

   51A.    Compulsory conference
   51B.    Procedure at conference
   51C.    Parties to exchange mandatory final offers if claim not settled at compulsory conference
   51D.    Time for bringing action

           Division 6 - Proceedings in court

   52.     Insurer to be joint or sole defendant
   52A.    Recovery of contribution by or from Nominal Defendant in certain cases
   52B.    Exclusion of summary judgment on the basis of admissions
   53.     Insurer’s right to call and cross-examine insured person
   54.     (Repealed)
   55.     Exemplary, punitive or aggravated damages
   55A.    (Repealed)
   55B.    (Repealed)
   55C.    (Repealed)
   55D.    (Repealed)
   55E.    (Repealed)
   55F.    Costs in cases involving relatively small awards of damages
   56.     (Repealed)
   57.     Alteration of period of limitation

           Division 6A - Extraterritorial operation of limitation of liability

   57A.    Application of limitation of liability to foreign awards
   57B.    (Repealed)

           Division 7 - Insurer’s rights of recourse

   58.     Insurer’s rights of recourse
   59.     Recovery in case of fraud
   60.     Nominal Defendant’s rights of recourse for uninsured vehicles
   60A.    Access to information etc.
   61.     Nominal Defendant’s rights of recourse against insurer

           Division 8 - Changes to claim process if insurance agency is contributor

   61A.    Claim process if insurance agency liable to contribute

           Division 9 - Obligation to provide information to insurance agency

   61B.    Giving insurance agency notice about particular matters

   PART 5 - LICENSED INSURERS

           Division 1 - Licensing of insurers

   62.     Application for licence
   63.     Determination of application
   64.     Conditions of licence
   65.     Industry deed
   66.     Withdrawal or suspension of licence
   67.     Effect of withdrawal or suspension on existing liabilities etc.
   67A.    When State may underwrite CTP insurance policies
   68.     Review of the commission’s decisions by QCAT

           Division 2 - Supervision of licensed insurers

   69.     Business plans of licensed insurers
   70.     Accounts and returns of licensed insurers
   71.     Audit of accounts
   72.     Information to be provided by insurers
   72A.    Declarations from licensed insurer
   73.     Power of Supreme Court to deal with licensed insurers

           Division 3 - (Repealed)

   PART 5AA - REFERRALS OF CLAIMS AND CONTACT TO SOLICIT OR INDUCE CLAIMS

   74.     Giving or receiving consideration for claim referrals
   74A.    Meaning of consideration for s 74
   75.     Approach or contact for the purpose of making a claim
   76.     Responsibility for acts or omissions of representative
   77.     Additional consequences for law practice
   78.     Injunction to prevent or restrain a contravention of s 74 or 75
   79.     Maximum amount of legal costs for claims
   80.     Extraterritorial application of part

   PART 5A - ENFORCEMENT

           Division 1AA - Interpretation

   81.     Definitions for part
   82.     References to exercise of powers
   83.     Reference to document includes reference to reproductions from electronic document
   84.     (Repealed)
   85.     (Repealed)
   86.     (Repealed)
   87.     (Repealed)

           Division 1 - Authorised persons

   87A.    Appointment of authorised person
   87B.    Functions and powers of authorised person
   87C.    Authorised person’s employment conditions
   87D.    Authorised person’s identity card
   87E.    Production or display of identity card
   87F.    Protection from liability

           Division 2 - Entry of places by authorised persons

              Subdivision 1 - Power to enter

   87G.    General power to enter places

              Subdivision 2 - Entry by consent

   87H.    Application of subdivision
   87I.    Incidental entry to ask for access
   87J.    Matters authorised person must tell occupier
   87K.    Consent acknowledgement

              Subdivision 3 - Entry under warrant

   87L.    Application for warrant
   87M.    Issue of warrant
   87N.    Electronic application
   87O.    Additional procedure if electronic application
   87P.    Defect in relation to a warrant
   87Q.    Entry procedure

           Division 3 - Other authorised persons’ powers and related matters

              Subdivision 1 - General powers of authorised persons after entering places

   87R.    Application of subdivision
   87RA.   General powers
   87RB.   Power to require reasonable help
   87RC.   Offence to contravene help requirement

              Subdivision 2 - Seizure by authorised persons

   87RD.   Seizing evidence at a place that may be entered without consent or warrant
   87RE.   Seizing evidence at a place that may be entered only with consent or warrant
   87RF.   Seizure of property subject to security
   87RG.   Power to secure seized thing
   87RH.   Offence to contravene seizure requirement
   87RI.   Offence to interfere
   87RJ.   Receipt and information notice for seized thing
   87RK.   Access to seized thing
   87RL.   Return of seized thing

              Subdivision 3 - Forfeiture

   87RM.   Forfeiture by commission decision
   87RN.   Information notice about forfeiture decision

              Subdivision 4 - Dealing with property forfeited or transferred to State

   87RO.   When thing becomes property of the State
   87RP.   How property may be dealt with

              Subdivision 5 - Other information-obtaining powers of authorised persons

   87RQ.   Power to require name and address
   87RR.   Offence to contravene personal details requirement
   87RS.   Power to require information
   87RT.   Offence to contravene information requirement

           Division 4 - Miscellaneous provisions relating to authorised persons

              Subdivision 1 - Damage

   87RU.   Duty to avoid inconvenience and minimise damage
   87RV.   Notice of damage

              Subdivision 2 - Compensation and costs of investigation

   87RW.   Compensation
   87RX.   Costs of investigation

              Subdivision 3 - Other offences relating to authorised persons

   87RY.   Obstructing authorised person
   87RZ.   Impersonating authorised person

           Division 4A - Reviews and appeals about particular decisions

              Subdivision 1 - Internal review

   87S.    Review process must start with internal review
   87SA.   Who may apply for internal review
   87SB.   Requirements for application
   87SC.   Internal review
   87SD.   Decision notice

              Subdivision 2 - Staying operation of original decision

   87SE.   Court may stay operation of original decision

              Subdivision 3 - Appeals

   87SF.   Appealing internal review decision
   87SG.   Staying operation of internal review decision
   87SH.   Powers of court on appeal
   87SI.   Effect of court’s decision on appeal

           Division 5 - Fraud and false and misleading statements

   87T.    Offences involving fraud
   87U.    False or misleading information or documents about claim
   87UA.   Giving authorised person false or misleading information

           Division 6 - Information from commissioner of police service

              Subdivision 1 - Risk to authorised person’s safety

   87V.    Commission’s power to obtain criminal history report for authorised person’s safety
   87VA.   Confidentiality of criminal history under s 87V

              Subdivision 2 - Offence against this Act or National Injury Act

   87VB.   Commission’s power to obtain criminal history report about offence
   87VC.   Confidentiality of information under s 87VB

           Division 7 - Proceedings

   87W.    Proceedings
   87WA.   Appointments and authority
   87WB.   Signatures

           Division 8 - Evidence

   87X.    Evidentiary certificates given by the commission and transport administration

           Division 9 - Miscellaneous

   87Y.    Extraterritorial application of part
   87Z.    Confidentiality of information

   PART 5B - SPECIAL INVESTIGATIONS

   87ZA.   Definitions for part
   87ZB.   Reference to document includes reference to reproductions from electronic document
   87ZC.   Appointment of investigator
   87ZD.   Delegation of powers by investigator
   87ZE.   Investigation of related body corporate
   87ZF.   Powers of investigators
   87ZG.   Documents produced to investigator
   87ZH.   Examination of investigated person or associated person
   87ZI.   Self-incrimination and legal professional privilege
   87ZJ.   Failure of person to comply with requirement of investigator
   87ZK.   Recording of examination
   87ZL.   Report of investigator
   87ZM.   Admission of investigator’s report in evidence
   87ZN.   Documents taken during investigation
   87ZO.   Costs of investigation
   87ZP.   Other offences about investigations
   87ZQ.   Evidential immunity for individuals complying with particular requirements
           87ZR . Extraterritorial application of part
   87ZS.   Confidentiality of information

   PART 6 - MISCELLANEOUS

   88.     Information to be provided by licensed insurers
   88A.    Commission’s power to intervene to establish information processing systems
   89.     Register of claims
   90.     Transport administration to provide certain information
   91.     Insolvent insurers
   92.     Disclosure of information
   93.     (Repealed)
   94.     Interference with certain documents
   95.     Unauthorised policies
   96.     Inducement for CTP insurance business prohibited
   97.     CTP premiums not to be discounted etc.
   97A.    (Repealed)
   97B.    (Repealed)
   98.     (Repealed)
   99.     Penalties for offences
   100.    Regulations
   100A.   Indexation of particular amounts
   101.    Periodical reviews

   PART 7 - TRANSITIONAL PROVISIONS

           Division 1 - Provisions for Act before commencement of Motor Accident Insurance Amendment Act 1999 and a related matter

   102.    Insurance Act 1960 references
   103.    Motor Vehicles Insurance Act 1936 references
   104.    Personal injury claims
   105.    (Repealed)
   106.    Nominal Defendant

           Division 2 - Provision for Motor Accident Insurance Amendment Act 1999

   107.    Regulation for assessment period starting before 30 June 1999

           Division 3 - Provisions for Motor Accident Insurance Amendment Act 2000

   108.    Application of amendments made by the Motor Accident Insurance Amendment Act 2000 to motor vehicle accident claims
   109.    Special provision about financial years
   110.    Ratification of action taken in anticipation of amendments made by the Motor Accident Insurance Amendment Act 2000

           Division 4 - Provision for Treasury Legislation Amendment Act (No. 2) 2002

   111.    Ratification of action taken in anticipation of amendments made by Treasury Legislation Amendment Act (No. 2) 2002
   112.    (Repealed)

           Division 6 - Transitional provisions for the Motor Accident Insurance and Other Legislation Amendment Act 2010

   113.    Termination of s 96 inducement
   114.    Termination of s 97(5) inducement

           Division 7 - Transitional provisions for Motor Accident Insurance and Other Legislation Amendment Act 2019

   115.    Certificate matters apply to conduct on and after commencement
   116.    Maximum amount of legal costs for claims does not apply to work starting before commencement
           SCHEDULE - Policy of insurance


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