Australian Capital Territory
Road Transport (Third-Party Insurance) Amendment Act 2012
A2012-48
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Section 27 heading	2
	5	New section 27 (2) and (3)	2
	6	Sections 37 and 38	3
	7	Entitlement to early payment—injured person to give forms to insurer within 28 days
Section 72 (1) (c)	3
	8	New section 72 (3)	4
	9	Section 72 heading	4
	10	Section 72 (1) (c)	4
	11	Section 72 (1) (c) (ii)	4
	12	New section 72 (1A)	5
	13	What kinds of expenses must be paid by insurer?
Section 73 (1)	5
	14	New section 75A	5
	15	What is rehabilitation?
Section 123 (a)	6
	16	Cost of rehabilitation services—mediation
Section 133 (2) (b)	6
	17	Procedures before compulsory conference
Section 139 (1) (d), new note	6
	18	Section 139 (3), definition of certificate of readiness	6
	19	Section 139 (3), definition of certificate of readiness, paragraph (a)	7
	20	Mandatory final offers
Section 141 (5)	7
	21	Timing of mandatory final offers
Section 143 (1) (a), note	7
	22	Working out costs for mandatory final offers
Section 144 (3)	7
	23	Working out costs for mandatory final offers
New section 144 (4) and (5)	8
	24	Court proceedings not to begin if mandatory final offer open
Section 145 (5)	9
	25	Time limit—no compulsory conference
Section 148 (1), note 1	9
	26	Section 148 (3) (b), note	9
	27	Sections 155 and 156	9
	28	Section 155 (2) (a)	10
	29	New section 155 (2) (aa)	10
	30	Section 155 (5), new definition of Commonwealth concession card	10
	31	New section 156A	10
	32	New part 4.9A	12
	33	Section 275	13
	34	Dictionary, new definition of non-economic loss	13
Schedule 1	Consequential amendments	14
Part 1.1	Civil Law (Wrongs) Act 2002	14

Australian Capital Territory
Road Transport (Third-Party Insurance) Amendment Act 2012
A2012-48

An Act to amend the Road Transport (Third-Party Insurance) Act 2008, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Road Transport (Third-Party Insurance) Amendment Act 2012.
2	Commencement
This Act commences on 1 January 2013.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Road Transport (Third-Party Insurance) Act 2008.
Note	This Act also amends the Civil Law (Wrongs) Act 2002 (see sch 1).
4	Section 27 heading
substitute
27	CTP policy not affected by errors etc
5	New section 27 (2) and (3)
insert
	(2)	The validity of a CTP policy is not affected by payment of an incorrect CTP premium for the policy.
	(3)	A licensed insurer who has been paid an incorrect CTP premium may recover any outstanding amount as a debt owing to the insurer.
Note	An amount owing under a law to a person may be recovered as a debt owing to the person in a court of competent jurisdiction (see Legislation Act, s 177). 
6	Sections 37 and 38
substitute
37	What is a CTP premium?
In this Act:
CTP premium, for a CTP policy, means—
	(a)	the insurance premium approved under this part for the CTP policy; or
	(b)	another premium worked out by the insurer in accordance with the CTP premium guidelines. 
38	What premium licensed insurer may charge
A licensed insurer may charge a premium for a CTP policy only if the premium is—
	(a)	approved under this part; or
	(b)	worked out in accordance with the CTP premium guidelines.
7	Entitlement to early payment—injured person to give forms to insurer within 28 days
Section 72 (1) (c)
omit
28 days after the motor accident
substitute
the end of the relevant period
8	New section 72 (3)
insert
	(3)	In this section:
legal disability—see section 98 (5).
relevant period means—
	(a)	if the person is under a legal disability—28 days after the person’s legal disability ends; or
	(b)	in any other case—28 days after the motor accident.
9	Section 72 heading
substitute
72	Entitlement to early payment—injured person to give forms to insurer within 30 working days
10	Section 72 (1) (c)
omit 
28 days
substitute
30 working days
11	Section 72 (1) (c) (ii)
omit
12	New section 72 (1A)
insert
	(1A)	However, the documents mentioned in subsection (1) (c) may be given to the insurer of a person identified in the police report mentioned in subsection (1) (c) (iii) as being at fault in the motor accident within 30 working days if the injured person—
	(a)	is not insured; and 
	(b)	is not wholly or mainly at fault in the motor accident.
13	What kinds of expenses must be paid by insurer?
Section 73 (1)
omit
person’s
14	New section 75A
in part 3.2, insert
75A	Early payment guidelines
	(1)	The CTP regulator may make guidelines (the early payment guidelines) for an insurer to comply with in relation to making early payments for medical expenses under this chapter.
	(2)	A guideline is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
15	What is rehabilitation?
Section 123 (a)
omit
; or
substitute
; and
16	Cost of rehabilitation services—mediation
Section 133 (2) (b)
omit
claimant
substitute
respondent
17	Procedures before compulsory conference
Section 139 (1) (d), new note
insert
Note	If a form is approved under s 276 for this provision, the form must be used.
18	Section 139 (3), definition of certificate of readiness
after
a certificate
insert
under this Act
19	Section 139 (3), definition of certificate of readiness, paragraph (a)
substitute
	(a)	the party is in all respects ready for the compulsory conference; and
20	Mandatory final offers
Section 141 (5)
omit
pain and suffering
substitute
non-economic loss
21	Timing of mandatory final offers
Section 143 (1) (a), note
substitute
Note	A compulsory conference may be dispensed with by court order (see s 137).
22	Working out costs for mandatory final offers
Section 144 (3)
substitute
	(3)	If a mandatory final offer is for $30 000 or less, and is accepted—
	(a)	for a claimant who was a child at the time of the motor accident or holds a Commonwealth concession card when the offer is accepted—costs (including disbursements) must not exceed $5 000; or
	(b)	in any other case—costs must be $0.
23	Working out costs for mandatory final offers
New section 144 (4) and (5)
insert
	(4)	In this section, a reference to an amount in relation to a mandatory final offer does not include any amount for non-economic loss.
	(5)	In this section:
Commonwealth concession card means any of the following cards:
	(a)	a current health care card issued under the Social Security Act 1991 (Cwlth);
	(b)	a current pensioner concession card issued under the Social Security Act 1991 (Cwlth);
	(c)	a current pensioner concession card issued in relation to a pension under the Veterans’ Entitlements Act 1986 (Cwlth) or the Military Rehabilitation and Compensation Act 2004 (Cwlth);
	(d)	a current gold card;
	(e)	a card prescribed by regulation.
gold card means a card known as the Repatriation Health Card—For All Conditions that evidences a person’s eligibility, under the Veterans’ Entitlements Act 1986 (Cwlth) or the Military Rehabilitation and Compensation Act 2004 (Cwlth), to be provided with treatment for all injuries or diseases.
24	Court proceedings not to begin if mandatory final offer open
Section 145 (5)
before
costs
insert
interest or
25	Time limit—no compulsory conference
Section 148 (1), note 1
substitute
Note 1	A compulsory conference may be dispensed with by court order (see s 137).
26	Section 148 (3) (b), note
substitute
Note	A compulsory conference may be dispensed with by court order (see s 137).
27	Sections 155 and 156
omit
pain and suffering
substitute
non-economic loss
28	Section 155 (2) (a)
before
if the amount
insert
for a claimant other than a claimant mentioned in paragraph (aa)—
29	New section 155 (2) (aa)
insert
	(aa)	for a claimant who was a child at the time of the motor accident or holds a Commonwealth concession card when the damages are awarded—costs not exceeding $5 000 may be awarded; 
30	Section 155 (5), new definition of Commonwealth concession card
insert
Commonwealth concession card—see section 144 (5). 
31	New section 156A
in part 4.9, insert
156A	Costs—awards of damages over $50 000
	(1)	This section applies if a court awards more than $50 000 in damages in a proceeding (other than an appellate proceeding) based on a motor accident claim.
Note	Damages does not include damages for non-economic loss (see s (5)).
	(2)	If the amount of damages is equal to or more than a mandatory final offer made by the claimant, the claimant may apply to the court for an order that the respondent pay the claimant’s costs on a party and party basis up to the day the offer was made, and on an indemnity basis from that day.
	(3)	If the amount of damages is less than a mandatory final offer made by the respondent, the respondent may apply to the court for an order that—
	(a)	the respondent pay the claimant’s costs on a party and party basis up to the day the offer was made; and 
	(b)	the claimant pay the respondent’s costs on an indemnity basis from that day. 
	(4)	Also, the court may make an award of costs on an indemnity basis to compensate a party for costs resulting from a failure by another party to comply with a procedural obligation under this part.
	(5)	In this section:
damages does not include an amount for non-economic loss. 
32	New part 4.9A
insert
Part 4.9A	Damages for non‑economic loss
Note	The Civil Law (Wrongs) Act 2002, pt 7.1 also applies to the award of damages for motor accident claims (see that Act, s 93).
156B	Meaning of non-economic loss
In this Act:
non-economic loss includes the following:
	(a)	pain and suffering;
	(b)	loss of amenities of life;
	(c)	loss of expectation of life;
	(d)	disfigurement.
156C	Guidelines to assist determining non-economic loss
	(1)	The CTP regulator may make guidelines (the non-economic loss guidelines) setting out information to assist courts in deciding the appropriate level of damages for non-economic loss in motor accident claims.
	(2)	A court must have regard to the non-economic loss guidelines when awarding damages, but is not bound by the guidelines.
	(3)	A guideline is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
33	Section 275
substitute
275	Review of Act
	(1)	The Minister must review the operation of this Act every 3 years after the commencement of the Road Transport (Third-Party Insurance) Amendment Act 2012.
	(2)	The Minister must present a report on the review to the Legislative Assembly within 3 months after the review is started.
34	Dictionary, new definition of non-economic loss
insert
non-economic loss—see section 156B.

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	Civil Law (Wrongs) Act 2002
[1.1]	Section 99, new note
insert
Note	Damages for non-economic loss for injuries caused by motor accidents are subject to limitations under the Road Transport (Third‑Party Insurance) Act 2008, pt 4.9A.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 17 February 2011.
2	Notification
	Notified under the Legislation Act on 5 September 2012.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Road Transport (Third-Party Insurance) Amendment Bill 2012, which originated in the Legislative Assembly as the Road Transport (Third-Party Insurance) Amendment Bill 2011 and was passed by the Assembly on 24 August 2012. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2012