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This is a Bill, not an Act. For current law, see the Acts databases.
Motor Accidents Compensation
Amendment Bill 2009
No , 2009
A Bill for
An Act to amend the Motor Accidents Compensation Act 1999 to extend the early
payment scheme and bulk billing arrangements to all injured persons; and for other
purposes.
Clause 1 Motor Accidents Compensation Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Motor Accidents Compensation Amendment Act 2009. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Motor Accidents Compensation Amendment Bill 2009
Amendment of Motor Accidents Compensation Act 1999 No 41 Schedule 1
Schedule 1 Amendment of Motor Accidents 1
Compensation Act 1999 No 41 2
[1] Section 3A General restrictions on application of Act 3
Insert at the end of the note to section 3A (1): 4
The early payment scheme provided for under Part 3.2 extends to all 5
injured persons injured in a motor accident (including at fault drivers, 6
pedestrians and other road users). 7
[2] Section 3A (1), note 8
Insert at the end of the note: 9
The bulk billing arrangements provided for under section 54 extend to 10
any person injured in a motor accident (even if the motor accident was 11
caused, partly or wholly, by the fault of that person). 12
[3] Section 46A 13
Insert after section 46: 14
46A Application of Part 15
This Part applies despite section 3A (1). 16
[4] Section 48 Notification of motor accident to police and submission of 17
accident notification form to insurer 18
Omit "the motor accident was not caused wholly or mainly by the fault of the 19
injured person" from section 48 (d). 20
Insert instead "the person's injuries are a direct result of the motor accident". 21
[5] Section 50 Acceptance of provisional liability by insurer 22
Omit section 50 (1)-(3). Insert instead: 23
(1) An insurer of a motor vehicle must give written notice to an 24
injured person who has duly submitted a completed accident 25
notification form to the insurer stating whether or not the insurer 26
accepts provisional liability in respect of the treatment expenses 27
and lost earnings concerned. 28
(2) It is the duty of the insurer of a motor vehicle involved in the 29
motor accident that resulted in an injured person's injuries to 30
accept provisional liability in respect of the treatment expenses 31
and lost earnings of the injured person (whether or not the 32
person's injuries were caused by the fault of the owner or driver 33
of the vehicle in the use or operation of the vehicle and even if the 34
motor accident was caused by the fault of the injured person). 35
Page 3
Motor Accidents Compensation Amendment Bill 2009
Schedule 1 Amendment of Motor Accidents Compensation Act 1999 No 41
(3) The notice is required to be given within 10 days after the insurer 1
receives the accident notification form. The regulations may 2
shorten or extend that period. 3
[6] Section 50 (11) 4
Insert after section 50 (10): 5
(11) In this section: 6
insurer of a motor vehicle means the insurer who insures the 7
owner of the motor vehicle against liability in respect of the death 8
of or injury to a person caused by the fault of the owner or driver 9
of the vehicle in the use or operation of the vehicle. 10
[7] Section 54 Bulk billing arrangements for hospital, ambulance and other 11
expenses 12
Omit section 54 (3). Insert instead: 13
(3) For the purposes of this section, the treatment or conveyance of 14
injured persons includes the treatment or conveyance of persons 15
classified as injured persons in accordance with a bulk billing 16
arrangement. 17
(4) Despite section 3A (1), a bulk billing arrangement may extend to 18
expenses of an injured person even if the motor accident 19
concerned was caused wholly or partly by the fault of the injured 20
person. 21
[8] Section 211 Definitions 22
Insert in alphabetical order: 23
relevant period--see section 213 (2). 24
[9] Section 213 25
Omit the section. Insert instead: 26
213 Assessment by Authority of amount to be contributed to Fund 27
(1) The Authority is required, as soon as practicable in respect of 28
each relevant period: 29
(a) to make an estimate of the total of the amounts to be paid 30
from the Fund during that relevant period, and 31
(b) to determine what amounts, if any, are to be set aside as 32
provisions to meet expenditure from the Fund in future 33
periods, and specify for what purpose each such amount is 34
being set aside, and 35
Page 4
Motor Accidents Compensation Amendment Bill 2009
Amendment of Motor Accidents Compensation Act 1999 No 41 Schedule 1
(c) to make an estimate of the total amounts (including the 1
amounts already received) to be received into the Fund 2
during that relevant period otherwise than by way of 3
contributions in respect of that relevant period under this 4
Part from persons to whom third-party policies are issued, 5
and 6
(d) to determine the total amount to be contributed to the Fund 7
under this Part in respect of that relevant period by persons 8
to whom third-party policies are issued after having regard 9
to the amounts likely to be standing to the credit of the 10
Fund at the beginning of the period, including any amounts 11
set aside in earlier periods as provisions to meet 12
expenditure in later periods, and the amounts estimated 13
under paragraph (c) to be received into the Fund during the 14
relevant period, and 15
(e) to specify in writing the estimates, provisions and amounts 16
to be contributed to the Fund by persons to whom 17
third-party policies are issued. 18
(2) A relevant period is a financial year or such other period as the 19
Authority determines from time to time to be a relevant period for 20
the purposes of this section. Relevant periods can be determined 21
so as to overlap but there must be no gap between successive 22
relevant periods and each relevant period must not be longer than 23
12 months. 24
[10] Sections 214 (1) and (4) and 214A (1) 25
Omit "financial year" wherever occurring. Insert instead "relevant period". 26
[11] Section 214AA 27
Insert after section 214A: 28
214AA Refund of Fund levy 29
(1) The Fund levy is to be refunded, on a pro rata basis, to any person 30
to whom a third-party policy was issued if the policy is cancelled 31
on the cancellation of the registration of the motor vehicle to 32
which it relates (except where the registration is cancelled under 33
Division 3 of Part 4 of the Fines Act 1996). 34
(2) The Authority may give directions or issue guidelines to licensed 35
insurers with respect to the administrative arrangements of 36
licensed insurers for payment of refunds under this section. 37
[12] Section 215 Financial year 38
Omit the section. 39
Page 5
Motor Accidents Compensation Amendment Bill 2009
Schedule 1 Amendment of Motor Accidents Compensation Act 1999 No 41
[13] Schedule 5 Savings, transitional and other provisions 1
Insert at the end of clause 2 (1): 2
Motor Accidents Compensation Amendment Act 2009 3
[14] Schedule 5 4
Insert at the end of the Schedule with appropriate Part and clause numbering: 5
Part Provisions arising from Motor Accidents 6
Compensation Amendment Act 2009 7
Extension of early payment scheme 8
Section 50, as amended by the Motor Accidents Compensation 9
Amendment Act 2009, does not apply in respect of a motor 10
accident that occurs before the commencement of that 11
amendment. 12
Extension of bulk billing arrangements 13
Section 54, as amended by the Motor Accidents Compensation 14
Amendment Act 2009, does not apply in respect of expenses 15
incurred before the commencement of that amendment. 16
Page 6
Motor Accidents Compensation Amendment Bill 2009
Amendment of Motor Accidents (Lifetime Care and Support) Act 2006 No 16 Schedule 2
Schedule 2 Amendment of Motor Accidents 1
(Lifetime Care and Support) Act 2006 2
No 16 3
Section 51A 4
Insert after section 51: 5
51A Refund of Fund levy 6
(1) The Fund levy is to be refunded, on a pro rata basis, to any person 7
to whom a third-party policy was issued if the policy is cancelled 8
on the cancellation of the registration of the motor vehicle to 9
which it relates (except where the registration is cancelled under 10
Division 3 of Part 4 of the Fines Act 1996). 11
(2) The Authority may give directions or issue guidelines to licensed 12
insurers with respect to the administrative arrangements of 13
licensed insurers for payment of refunds under this section. 14
Page 7
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