2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Treasurer)
Road Transport (Third-Party Insurance) Amendment Bill 2011

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	What kinds of expenses must be paid by insurer?
Section 73 (2), note 1	3
	8	Respondent to pay injured person’s medical expenses
Section 122 (3), note 1	4
	9	What is rehabilitation?
Section 123 (a)	4
	10	Respondent to pay for rehabilitation services
Section 132, note 1	4
	11	Cost of rehabilitation services—mediation
Section 133 (2) (b)	4
	12	Procedures before compulsory conference
Section 139 (1) (d), new note	5
	13	New section 139 (1A)	5
	14	Section 139 (3), definition of certificate of readiness	5
	15	Mandatory final offers
Section 141 (5)	5
	16	Timing of mandatory final offers
Section 143 (1) (a), note	6
	17	Working out costs for mandatory final offers
New section 144 (4)	6
	18	Court proceedings not to begin if mandatory final offer open
Section 145 (5)	6
	19	Time limit—no compulsory conference
Section 148 (1), note 1	6
	20	Section 148 (3) (b), note	6
	21	Sections 155 and 156	7
	22	New parts 4.9A to 4.9D	7
	23	Parts 4.9A to 4.12	26
	24	Divisions 4.9B.1 to 4.9B.4	26
	25	Divisions 4.11.1 to 4.11.4	26
	26	Section 157 heading	27
	27	Section 275	27
	28	New part 9.3	27
	29	Dictionary, new definition of combined medical assessment	28
	30	Dictionary, definition of compliance notice	28
	31	Dictionary, definition of costs	28
	32	Dictionary, definition of enforcing party	29
	33	Dictionary, new definitions	29
	34	Dictionary, definition of late party	29
	35	Dictionary, new definitions	29
	36	Dictionary, definition of relevant notice claim	30
	37	Dictionary, definition of required thing	30
Schedule 1	Consequential amendments	31
Part 1.1	Civil Law (Wrongs) Act 2002	31
Part 1.2	Road Transport (Third-Party Insurance) Regulation 2008	31

2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Treasurer)
Road Transport (Third-Party Insurance) Amendment Bill 2011

A Bill for
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 2011.
2	Commencement
This Act commences on the 7th day after its notification day.
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 following legislation (see sch 1):
·	Civil Law (Wrongs) Act 2002
·	Road Transport (Third-Party Insurance) Regulation 2008.
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	What kinds of expenses must be paid by insurer?
Section 73 (2), note 1
omit
4.11
substitute
4.16
8	Respondent to pay injured person’s medical expenses
Section 122 (3), note 1
omit
4.11
substitute
4.16
9	What is rehabilitation?
Section 123 (a)
omit
; or
substitute
; and
10	Respondent to pay for rehabilitation services
Section 132, note 1
omit
4.11
substitute
4.16
11	Cost of rehabilitation services—mediation
Section 133 (2) (b)
omit
claimant
substitute
respondent
12	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.
13	New section 139 (1A)
insert
	(1A)	If the claim includes a claim for damages for non-economic loss, the respondent must give a statement to the claimant about whether the respondent agrees that the degree of permanent impairment of the injured person caused by the motor accident is more than the impairment threshold that applies under division 4.9B.2.
14	Section 139 (3), definition of certificate of readiness
after
a certificate
insert
under this Act
15	Mandatory final offers
Section 141 (5)
omit
pain and suffering
substitute
non-economic loss
16	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).
17	Working out costs for mandatory final offers
New section 144 (4)
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.
18	Court proceedings not to begin if mandatory final offer open
Section 145 (5)
before
costs
insert
interest or
19	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).
20	Section 148 (3) (b), note
substitute
Note	A compulsory conference may be dispensed with by court order (see s 137).
21	Sections 155 and 156
omit
22	New parts 4.9A to 4.9D
insert
Part 4.9A	Damages for 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).
155	Damages for future economic loss—claimant’s prospects and adjustments
	(1)	In a court proceeding based on a motor accident claim, the court may award damages for future economic loss in relation to loss of earnings only if satisfied that the assumptions about future earning capacity or other events on which the damages are to be based reflect the claimant’s most likely future circumstances were it not for the injury.
	(2)	If the court decides the amount of an award of damages for future economic loss in relation to loss of earnings, the court must adjust the damages that would be payable if the assumptions were correct by the possibility, calculated as a percentage, of the events occurring were it not for the injury.
	(3)	If the court awards damages for future economic loss in relation to loss of earnings, the court must state—
	(a)	the assumptions and evidence on which the damages are based; and
	(b)	the percentage by which the court has adjusted the damages.
	(4)	In this section:
loss of earnings means loss of prospective earnings or the deprivation or impairment of prospective earning capacity.
155A	Damages for future economic loss—discount rates
	(1)	This section applies if an award of damages in relation to a motor accident claim is to include a lump sum for future economic loss in relation to—
	(a)	loss of earnings; or
	(b)	loss of expectation of financial support; or
	(c)	the value of future services of a domestic nature or services relating to nursing and attendance; or
	(d)	a liability to incur expenditure in the future.
	(2)	The present value of the future economic loss is worked out by discounting the future economic loss  in accordance with—
	(a)	a discount rate of the percentage prescribed by regulation; or
	(b)	if no percentage is prescribed—a discount rate of 5%.
	(3)	Except as provided in this section, nothing in this section affects any other laws in relation to discounting amounts awarded as damages.
	(4)	In this section:
loss of earnings—see section 155 (4). 
Part 4.9B	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).
Division 4.9B.1	Preliminary
155B	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.
155C	Definitions—pt 4.9B
In this part:
combined medical assessment means an assessment of the degree of permanent impairment of an injured person made by a medical assessor under this part that combines assessments made by 2 or more medical assessors in relation to the injured person.
impairment dispute means a disagreement between the parties to a motor accident claim about whether the degree of permanent impairment of an injured person caused by the motor accident is more than the impairment threshold that applies under division 4.9B.2.
impairment guidelines—see section 155P.
medical assessment means an assessment of the degree of permanent impairment of an injured person made by a medical assessor under this part.
medical assessment certificate means a certificate about the matters referred to a medical assessor for medical assessment.
medical assessor means a person appointed under section 155N.
155D	Parties may settle claim at any time 
Nothing in this part prevents the parties to a motor accident claim from settling the claim at any time.
155E	Court need not award damages for non-economic loss
Nothing in this part requires a court to award damages for non‑economic loss if the court considers that it is not appropriate to award the damages.
Division 4.9B.2	Impairment thresholds for damages for non‑economic loss	
155F	Impairment thresholds for damages for non-economic loss
Damages for non-economic loss for a motor accident claim in relation to an injured person are not payable unless—
	(a)	the degree of permanent impairment of the injured person caused by the motor accident, excluding any psychological or psychiatric injury, is 15% or more; or
	(b)	the degree of permanent impairment of the injured person caused by the motor accident in relation to a psychological or psychiatric injury only is 15% or more.
Note	For how the degree of permanent impairment of an injured person is assessed, see s 155I. 
Division 4.9B.3	Medical assessments
155G	Medical assessment required if impairment dispute
If there is an impairment dispute in relation to an injured person, damages for non-economic loss are not payable unless a medical assessment has been made of the degree of permanent impairment. 
Note	Also, damages for non-economic loss are not payable unless the degree of permanent impairment is more than the impairment threshold that applies under div 4.9B.2 (see s 155F).
155H	Allocation of impairment disputes for medical assessment
	(1)	The CTP regulator must allocate the impairment dispute to a medical assessor for a medical assessment—
	(a)	on application by a party made at any stage in a claim and in accordance with the requirements (if any) in the medical assessment procedural guidelines; or
Note	If a form is approved under s 276 for this provision, the form must be used.
	(b)	on request of a court under section 155K.
	(2)	However, if a medical assessment has already been made in relation to the impairment dispute, an application by a party may only be made on the grounds that—
	(a)	the injury has deteriorated since the last assessment and the deterioration could have a material effect on the outcome of a previous assessment; or
Example—material effect
a deterioration of an injury that increases the degree of permanent impairment of the injured person (other than because of a psychological or psychiatric injury) to 15% or more
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(b)	there is additional information about the injury that—
	(i)	was not available to be given under part 4.3 (Obligations to give documents and information); and
	(ii)	could have a material effect on the outcome of the previous assessment.
	(3)	If, on application mentioned in subsection (2), the CTP regulator is satisfied that there are grounds for another medical assessment, the CTP regulator must allocate the impairment dispute to a medical assessor for medical assessment.
	(4)	If the CTP regulator considers that medical assessments by more than 1 medical assessor are needed to determine the degree of permanent impairment of an injured person, the CTP regulator may allocate the impairment dispute to 2 or more medical assessors.
Example—2 or more medical assessments needed
An injured person has multiple injuries caused by a motor accident. The CTP regulator considers that more than 1 medical assessor needs to undertake a medical assessment in relation to the injured person because no single medical assessor has the relevant qualifications to undertake an assessment in relation to all the injuries.
	(5)	The CTP regulator must allocate each medical assessment made under subsection (4) to a medical assessor to make a combined medical assessment.  
155I	Assessment of degree of permanent impairment
	(1)	An assessment of the degree of permanent impairment of an injured person must be—
	(a)	made in accordance with the impairment guidelines; and
	(b)	expressed as a percentage of the person as a whole.
	(2)	In assessing the degree of permanent impairment, the medical assessor must disregard—
	(a)	any impairment that existed before the motor accident; and
	(b)	unless the only injury being assessed is a psychiatric or psychological injury—any impairment resulting from a psychiatric or psychological injury.
	(3)	A combined medical assessment made by a medical assessor must—
	(a)	assess the injured person’s total degree of permanent impairment resulting from all injuries to which the medical assessments allocated to the medical assessor under section 155H (5) relate; and
	(b)	be based on the matters in medical assessment certificates for the medical assessments.
	(4)	A medical assessor may refuse to make a medical assessment if the medical assessor is not satisfied that the injured person’s impairment has become permanent.
	(5)	If a medical assessor refuses to make a medical assessment, and a court proceeding based on the motor accident claim has been started, the court may adjourn the proceeding until an assessment has been made. 	
155J	Medical assessment certificates
	(1)	On making a medical assessment, including a combined medical assessment, for an impairment dispute, a medical assessor must give the CTP regulator a medical assessment certificate.
	(2)	The medical assessment certificate must set out the reasons for any findings by the medical assessor in relation to any matter stated in the certificate.
	(3)	The CTP regulator must allocate the medical assessment certificate to another medical assessor (the peer review assessor) to review the certificate to ensure it is not incorrect in a material respect. 
	(4)	A medical assessment certificate is conclusive proof in a proceeding of the matters certified if the peer review assessor for the certificate is satisfied that the certificate is not incorrect in a material respect. 
	(5)	If a medical assessor makes an error in a medical assessment certificate the assessor may give a replacement certificate to correct the error. 	
	(6)	A medical assessment certificate for a further medical assessment prevails over a medical assessment certificate for the previous medical assessment to the extent of any inconsistency.
155K	Court may reject medical assessment certificates
	(1)	This section applies if a medical assessment certificate in relation to an impairment dispute has been given in a court proceeding based on a motor accident claim.
	(2)	A court may reject the medical assessment certificate if satisfied that admitting a matter in the certificate into the proceeding would cause a party to the proceeding substantial injustice.
	(3)	If a court rejects the medical assessment certificate, the court must—
	(a)	ask the CTP regulator to allocate the impairment dispute to a medical assessor for another medical assessment under section 155H; or
	(b)	make its own assessment of the injured person’s degree of permanent impairment in accordance with section 155I (Assessment of degree of permanent impairment).
	(4)	If the court asks the CTP regulator to allocate the impairment dispute to a medical assessor under subsection (3) (a), the court must adjourn the proceeding until another medical assessment certificate has been given.
155L	Injured people to attend medical assessments and comply with requests
	(1)	This section applies if an injured person for a motor accident claim fails to—
	(a)	attend an appointment for a medical assessment; or
	(b)	comply with any reasonable request of the medical assessor in relation to a medical assessment.
	(2)	If satisfied that the injured person has no reasonable excuse for the failure, a court may, on application by the respondent for the claim, by order, do 1 or more of the following:
	(a)	direct the injured person to—
	(i)	if the injured person failed to attend an appointment for a medical assessment—attend another appointment for a medical assessment on a date stated by the CTP regulator; or
	(ii)	if the injured person failed to comply with a reasonable request in relation to a medical assessment—comply with the request;
	(b)	direct that a medical assessment be made on the available evidence;
	(c)	direct that the injured person pay the costs associated with a medical assessment;
	(d)	strike out the motor accident claim or part of the motor accident claim;
	(e)	if a court proceeding based on the motor accident claim has been started—
	(i)	adjourn the proceeding until the injured person—
	(A)	if the injured person failed to attend an appointment for a medical assessment—attends another appointment for a medical assessment; or
	(B)	if the injured person failed to comply with a reasonable request in relation to a medical assessment—complies with the request; or
	(ii)	strike out the proceeding or part of the proceeding.	
	(3)	Also, if a court proceeding based on the motor accident claim has been started, the court may draw an unfavourable inference from the injured person’s failure to attend an appointment for a medical assessment or comply with a reasonable request in relation to a medical assessment.
Division 4.9B.4	Other matters
155M	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 may have regard to the non-economic loss guidelines when awarding damages, but is not bound by the guidelines.
	(3)	A non-economic loss guideline is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
155N	Appointment of medical assessors
	(1)	The CTP regulator may appoint a suitably qualified person as a medical assessor for this Act. 
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
	(2)	An appointment must not be for longer than 3 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
	(3)	The CTP regulator may appoint a medical assessor generally or for a stated impairment dispute. 
	(4)	An appointment may be conditional.
Example
a medical assessor may only make medical assessments in relation to a stated specialty
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(5)	The CTP regulator must end the appointment of a person as a medical assessor if the person stops being suitably qualified to be a medical assessor. 
	(6)	A regulation may make provision in relation to the appointment of a medical assessor, including when the CTP regulator may or must be satisfied that a person is suitably qualified to be a medical assessor.
155O	Medical assessment procedural guidelines
	(1)	The CTP regulator may make guidelines (the medical assessment procedural guidelines) for procedures in relation to medical assessments under this part, including the following:
	(a)	applying for a medical assessment;
	(b)	referring an impairment dispute for a medical assessment;
	(c)	the requirements for a medical assessment certificate;
	(d)	the time for undertaking a procedural requirement in relation to a medical assessment;
	(e)	reviewing a medical assessment.
	(2)	A medical assessment procedure guideline is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
155P	Impairment guidelines
	(1)	The impairment guidelines for assessing the degree of permanent impairment of an injured person are—
	(a)	in relation to an injury other than a psychological or psychiatric injury—
	(i)	the guidelines made under subsection (2) (a); or
	(ii)	if there are no guidelines under subsection (2) (a)—the American Medical Association’s Guides to the Evaluation of Permanent Impairment, Fifth Edition (the AMA 5); and
	(b)	in relation to a psychological or psychiatric injury—
	(i)	the guidelines made under subsection (2) (b); or
	(ii)	if there are no guidelines under subsection (2) (b)—the WorkCover Guides for the Evaluation of Permanent Impairment, 3rd Edition, chapter 11 (Psychiatric and psychological disorders).
Note	The WorkCover Guides for the Evaluation of Permanent Impairment, 3rd Edition are accessible at www.workcover.nsw.gov.au.
	(2)	The CTP regulator may make impairment guidelines (the approved impairment guidelines) for assessing the degree of permanent impairment of an injured person in relation to either or both of the following:
	(a)	an injury other than a psychological or psychiatric injury;
	(b)	a psychological or psychiatric injury. 
Note	The power to make guidelines includes the power to amend or repeal the guidelines. The power to amend or repeal the guidelines is exercisable in the same way, and subject to the same conditions, as the power to make the guidelines (see Legislation Act, s 46).
	(3)	An approved impairment guideline may apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time or at a particular time.
	(4)	An approved impairment guideline is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(5)	If there are no approved impairment guidelines, the CTP regulator must ensure that—
	(a)	a copy of the AMA 5 is available for inspection at a place prescribed by regulation; and
	(b)	a person may inspect them, on request, at the prescribed place during normal business hours.
155Q	Costs of medical assessments
	(1)	The costs of an injured person’s medical assessment under this part are payable—
	(a)	as prescribed by regulation; or
	(b)	if there is no regulation—as agreed under the industry deed; or
	(c)	if there is no agreement under the industry deed—by the respondent’s insurer.
Note	Insurer, of a person—see s 81.
	(2)	The CTP regulator may make arrangements for the costs to be met by the CTP regulator or by someone else.
Note 	A fee, charge or other amount payable may be determined under the Road Transport (General) Act 1999, s 96, for this section.
	(3)	In this section:
costs, of a medical assessment, mean the following:
	(a)	the remuneration of medical assessors; 
	(b)	the reasonable and necessary costs and expenses incurred by an injured person, or the injured person’s carer, to attend the medical assessment;
	(c)	any costs incurred by the CTP regulator in relation to the medical assessment;
	(d)	any other costs prescribed by regulation.
155R	Monitoring and oversight of medical assessments
	(1)	The CTP regulator may arrange for the provision of training and information to medical assessors to promote accurate and consistent medical assessments.
	(2)	A medical assessor is not subject to the direction or control of the CTP regulator or a public servant in relation to any decision of the assessor that affects the interests of the parties to a medical assessment. 
	(3)	The CTP regulator or a public servant must not overrule or interfere with any decision of a medical assessor in relation to a medical assessment.
155S	Protection of medical assessors from liability
	(1)	A medical assessor is not civilly liable for anything done or omitted to be done honestly and without recklessness—
	(a)	in the exercise of a function under this Act; or
	(b)	in the reasonable belief that the conduct was in the exercise of a function under this Act.	
	(2)	Any civil liability that would, apart from this section, attach to the medical assessor attaches instead to the Territory.
	(3)	A medical assessor is not compellable in a proceeding to give evidence or produce documents in relation to any matter in which the medical assessor was involved in the exercise of a function under this Act.
Part 4.9C	Interest
156	Payment of interest
	(1)	Interest is payable in relation to damages for a motor accident claim only if 1 or more of the following apply:
	(a)	the respondent has not made an offer, or revised offer, of settlement even though—
	(i)	the claimant has given the respondent information that would enable a proper assessment of the claimant’s full entitlement to damages of any kind in relation to the motor accident claim; and 
	(ii)	the respondent has had a reasonable opportunity to make an offer, or revised offer, of settlement;
	(b)	if the respondent is insured under a CTP policy or is the nominal defendant and the preconditions to payment of medical expenses under section 121 are met—the insurer has failed to comply with its obligations under part 4.6;
	(c)	if the respondent has made a mandatory final offer or other offer of settlement in writing—
	(i)	the total amount of damages awarded by a court (without the addition of any interest) is more than 20% higher than the highest amount offered by the respondent; and 
	(ii)	the highest amount offered by the respondent is unreasonable having regard to the information available to the respondent when the offer was made.
	(2)	For subsection (1) (c), the highest amount offered by the respondent is not unreasonable if, when the offer was made, the respondent was not able to make a reasonable assessment of the claimant’s entitlement to damages of any kind in relation to the motor accident claim.
Part 4.9D	Costs
156A	Costs—small awards of damages—generally
	(1)	This section applies if a court awards $50 000 or less 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 court awards $30 000 or less in damages, the court must apply the following principles:
	(a)	if the amount awarded is less than the claimant’s mandatory final offer but more than the respondent’s mandatory final offer, no costs are to be awarded;
	(b)	if the amount awarded is equal to, or more than, the claimant’s mandatory final offer, costs must be awarded to the claimant in the way prescribed by regulation as from the date on which the proceeding began (but no award is to be made for costs up to that date);
	(c)	if the amount awarded is equal to, or less than, the respondent’s mandatory final offer, costs must be awarded to the respondent as prescribed by regulation.
	(3)	If the court awards more than $30 000 but not more than $50 000 in damages, the court must apply the following principles:
	(a)	if the amount awarded is less than the claimant’s mandatory final offer but more than the respondent’s mandatory final offer, costs must be awarded to the claimant in accordance with the Civil Law (Wrongs) Act 2002, chapter 14, up to the maximum amount prescribed by regulation or, if no amount is prescribed, $2 500;
	(b)	if the amount awarded is equal to, or more than, the claimant’s mandatory final offer, costs must be awarded to the claimant as follows:
	(i)	costs up to the date on which the proceeding began must be awarded in accordance with the Civil Law (Wrongs) Act 2002, chapter 14, up to the maximum amount prescribed by regulation or, if no amount is prescribed, $2 500;
	(ii)	costs on or after the date on which the proceeding began must be awarded on an indemnity basis;
	(c)	if the amount awarded is equal to, or less than, the respondent’s mandatory final offer, costs must be awarded as follows:
	(i)	costs up to the date on which the proceeding began must be awarded to the claimant in accordance with the Civil Law (Wrongs) Act 2002, chapter 14, up to the maximum amount prescribed by regulation or, if no amount is prescribed, $2 500;
	(ii)	costs on or after the date on which the proceeding began must be awarded to the respondent in accordance with the Civil Law (Wrongs) Act 2002, chapter 14.
	(4)	This section is subject to section 156B.
	(5)	In this section:
damages does not include damages for non-economic loss.
156B	Costs—small awards of damages—exceptions
	(1)	This section applies if a court awards $50 000 or less 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 (7)).
	(2)	This section applies in addition to section 156A.
	(3)	The court may make an award of costs to compensate a party for costs resulting from a failure by another party to comply with a procedural obligation under this part.
	(4)	The court must not award costs to a party related to the introduction of evidence by the party that is unnecessarily repetitive.
Example
If a claimant calls 2 or more expert witnesses from the same area of expertise to give evidence to substantially the same effect, and the claimant is entitled to costs under s 156A, the court must only allow costs related to 1 of the expert witnesses.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(5)	Unless an award of damages is affected by factors that were not reasonably foreseeable at the time of the exchange of mandatory final offers, the court must not award costs to a party related to investigations or gathering of evidence by the party after—
	(a)	the end of the compulsory conference; or
	(b)	if the parties or the court dispenses with a compulsory conference—the date when the parties completed the exchange of mandatory final offers.
Note	A compulsory conference may be dispensed with by court order (see s 137).
	(6)	If an award of damages is affected by factors that were not reasonably foreseeable by a party at the time of making the party’s mandatory final offer, the court may, if satisfied that it is just to do so, make an order for costs under section 156A (2) or (3) as if the reference to a mandatory final offer in the relevant subsection were a reference to a later offer made in the light of the factors that became apparent after the parties completed the exchange of mandatory final offers.
Example
If a claimant’s medical condition suddenly and unexpectedly deteriorates after the date of the mandatory final offers and the court makes a much higher award of damages than would have been reasonably expected at that date, the court may ignore the mandatory final offers and award costs on the basis of later offers of settlement.
	(7)	In this section:
damages does not include damages for non-economic loss.
23	Parts 4.9A to 4.12
renumber as parts 4.10 to 4.17
24	Divisions 4.9B.1 to 4.9B.4
renumber as divisions 4.11.1 to 4.11.4
25	Divisions 4.11.1 to 4.11.4
renumber as divisions 4.16.1 to 4.16.4
26	Section 157 heading
substitute
157	Definitions—pt 4.14	
27	Section 275
substitute
275	Review of Act
	(1)	The Minister must review the operation of this Act as soon as practicable after the end of 5 years after the commencement of the Road Transport (Third-Party Insurance) Amendment Act 2011.
	(2)	The Minister must present a report on the review to the Legislative Assembly within 3 months after the review is started.
	(3)	This section expires 6 years after the day it commences.
28	New part 9.3
insert
Part 9.3	Transitional—Road Transport (Third-Party Insurance) Amendment Act 2011
291	Transitional—personal injury
	(1)	This section applies to a claim for personal injury that arises out of a motor accident that happened before the commencement of the Road Transport (Third-Party Insurance) Amendment Act 2011.
	(2)	The claim for the personal injury must be dealt with as if that Act had not been enacted.
	(3)	This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
292	Expiry—pt 9.3
This part expires 1 year after the day it commences.
29	Dictionary, new definition of combined medical assessment
insert
combined medical assessment, for part 4.9B (Damages for non‑economic loss)—see section 155C.
30	Dictionary, definition of compliance notice
omit
4.10
substitute
4.14
31	Dictionary, definition of costs
omit
4.11
substitute
4.16
32	Dictionary, definition of enforcing party
omit
4.10
substitute
4.14
33	Dictionary, new definitions
insert
impairment dispute, for part 4.9B (Damages for non-economic loss)—see section 155C.
impairment guidelines, for part 4.9B (Damages for non-economic loss)—see section 155P. 
34	Dictionary, definition of late party
omit
4.10
substitute
4.14
35	Dictionary, new definitions 
insert
medical assessment, for part 4.9B (Damages for non‑economic loss)—see section 155C.
medical assessment certificate, for part 4.9B (Damages for non‑economic loss)—see section 155C.
medical assessor, for part 4.9B (Damages for non‑economic loss)—see section 155C.
non-economic loss—see section 155B.
36	Dictionary, definition of relevant notice claim
omit
4.10
substitute
4.14
37	Dictionary, definition of required thing
omit
4.10
substitute
4.14

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	Civil Law (Wrongs) Act 2002
[1.1]	Section 98, new note 
insert
Note	Damages for loss of earnings for injuries caused by motor accidents are also dealt with in the Road Transport (Third-Party Insurance) Act 2008, pt 4.9A.
[1.2]	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 4.9B.
Part 1.2	Road Transport (Third-Party Insurance) Regulation 2008
[1.3]	New sections 27A and 27B
insert
27A	Appointment of medical assessors—Act, s 155N (5)
The CTP regulator may be satisfied that a person is suitably qualified to exercise the functions of a medical assessor if the person—
	(a)	is, or has a similar level of skill, expertise and training as—
	(i)	 a medical assessor under the Motor Accidents Compensation Act 1999 (NSW); or
	(ii)	an approved medical specialist under the Workplace Injury Management and Workers Compensation Act 1998 (NSW); or
	(iii)	a legally qualified medical practitioner appointed under the Workers Rehabilitation and Compensation Act 1986 (SA); and
	(b)	is suitably qualified to apply the impairment guidelines.
27B	Prescribed place for AMA 5—Act, s 155P (5) (a)
The Canberra Hospital, Building 5, Yamba Drive, Garran, ACT 2606 is prescribed.
[1.4]	Section 28
omit 
155
substitute
156A
[1.5]	Section 29
omit
155
substitute
156A
[1.6]	Section 30
omit
155
substitute
156A
[1.7]	Section 33 (2) (b)
omit
4.11
substitute
4.16

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

© Australian Capital Territory 2011