{"id":"sl-2020-10","name":"Motor Accident Injuries (ACAT Costs Orders) Regulation 2020","slug":"motor-accident-injuries-acat-costs-orders-regulation-2020","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"10 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173551,"registerId":"act-sl-2020-10-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Motor Accident Injuries (ACAT Costs Orders) Regulation 2020","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMotor Accident Injuries (ACAT Costs\nOrders) Regulation 2020\nSL2020-10\nmade under the\nMotor Accident Injuries Act 2019\nRepublication No 2\nEffective: 19 December 2025\nRepublication date: 19 December 2025\nLast amendment made by SL2025-30\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Motor Accident Injuries (ACAT Costs Orders) Regulation 2020,\nmade under the Motor Accident Injuries Act 2019 (including any amendment made under the\nLegislation Act 2001, part 11.3 (Editorial changes)) as in force on 19 December 2025. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n19 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR2\n19/12/25\nMotor Accident Injuries (ACAT Costs Orders)\nRegulation 2020\nEffective: 19/12/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMotor Accident Injuries (ACAT Costs\nOrders) Regulation 2020\nmade under the\nMotor Accident Injuries Act 2019\nContents\nPage\n1 Name of regulation 2\n3 Dictionary 2\n4 Notes 2\n5 Indexation day—Act, s 18, def AWE indexed, par (b) 2\n6 External review—costs of proceedings—Act, s 198 (4) 2\n7 Transitional—Motor Accident Injuries (ACAT Costs Orders)\nAmendment Regulation 2025 (No 1) 4\n\nContents\nPage\ncontents 2 Motor Accident Injuries (ACAT Costs Orders)\nRegulation 2020\nEffective: 19/12/25\nR2\n19/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary 5\nEndnotes\n1 About the endnotes 6\n2 Abbreviation key 6\n3 Legislation history 7\n4 Amendment history 7\n5 Earlier republications 8\n\nR2\n19/12/25\nMotor Accident Injuries (ACAT Costs Orders)\nRegulation 2020\nEffective: 19/12/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMotor Accident Injuries (ACAT Costs\nOrders) Regulation 2020\nmade under the\nMotor Accident Injuries Act 2019\n\nSection 1\npage 2 Motor Accident Injuries (ACAT Costs Orders)\nRegulation 2020\nEffective: 19/12/25\nR2\n19/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Motor Accident Injuries (ACAT Costs Orders)\nRegulation 2020.\n3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation.\nNote 2 A definition in the dictionary applies to the entire regulation unless the\ndefinition, or another provision of the regulation, provides otherwise or\nthe contrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Indexation day—Act, s 18, def AWE indexed, par (b)\nThe indexation day for the amount mentioned in section 6 (3) that is\nto be AWE indexed is 1 October.\n6 External review—costs of proceedings—Act, s 198 (4)\n(1) At any time during a proceeding before the ACAT on an application\nfor external review of an ACAT reviewable decision, a party to the\nproceeding (the requesting party) may ask the ACAT to order the\nother party to the proceeding to pay the requesting party’s costs\narising from the application for external review (a costs order).\n\nSection 6\nR2\n19/12/25\nMotor Accident Injuries (ACAT Costs Orders)\nRegulation 2020\nEffective: 19/12/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The ACAT may make a costs order if—\n(a) the requesting party gives the ACAT itemised details of the costs\nwithin the time the ACAT considers appropriate; and\n(b) the ACAT is satisfied on reasonable grounds that—\n(i) the itemised details show the costs were reasonably\nincurred; and\n(ii) the costs relate only to the preparation of, and appearances\nin relation to, the application for external review of the\nACAT reviewable decision; and\n(iii) if a costs order has previously been made in relation to the\napplication—the total of all costs orders for the application\ndo not exceed the maximum amount mentioned in\nsubsection (3); and\n(iv) it is appropriate to make the order.\n(3) The maximum amount that the ACAT can order for costs is—\n$4 000 AWE indexed + ACAT filing fee\nACAT filing fee—\n(a) includes the fee for filing an application; but\n(b) does not include the fee for additional hearing days.\n(4) The maximum amount mentioned in subsection (3) includes any GST\npayable in relation to the work done for or in the proceeding.\n(5) However, the costs payable to the requesting party are reduced by the\namount of any input tax credit for GST to which the requesting party\nis entitled in relation to the party’s costs.\n\nSection 7\npage 4 Motor Accident Injuries (ACAT Costs Orders)\nRegulation 2020\nEffective: 19/12/25\nR2\n19/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) In this section:\ncosts means the fees, disbursements and expenses that the ACAT\nconsiders necessary for the preparation of, and appearances in\nrelation to, an application for external review of an ACAT reviewable\ndecision.\ninput tax credit—see the A New Tax System (Goods and Services\nTax) Act 1999 (Cwlth), section 195-1 (Dictionary).\nitemised details, of the costs, means details of—\n(a) the legal costs (clearly identifying costs that are legal fees and\ncosts that are disbursements) payable by the party to the party’s\nlawyer; and\n(b) other fees or expenses incurred by the party in relation to the\napplication for external review of an ACAT reviewable\ndecision.\n7 Transitional—Motor Accident Injuries (ACAT Costs\nOrders) Amendment Regulation 2025 (No 1)\n(1) This section applies to an application to the ACAT for external review\nof an ACAT reviewable decision that is made but not finally decided\non or before the commencement day.\n(2) Section 6, as in force immediately before the commencement day,\ncontinues to apply to the application.\n(3) This section expires 18 months after the day it commences.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n(4) In this section:\ncommencement day means the day the Motor Accident Injuries\n(ACAT Costs Orders) Amendment Regulation 2025 (No 1), section 4\ncommences.\n\nDictionary\nR2\n19/12/25\nMotor Accident Injuries (ACAT Costs Orders)\nRegulation 2020\nEffective: 19/12/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• GST\n• proceeding.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Motor Accident Injuries Act 2019 (see Legislation Act, s 148). For\nexample, the following term is defined in the Motor Accident Injuries\nAct 2019, dict:\n• ACAT reviewable decision\n• AWE indexed.\n\nEndnotes\n1 About the endnotes\npage 6 Motor Accident Injuries (ACAT Costs Orders)\nRegulation 2020\nEffective: 19/12/25\nR2\n19/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR2\n19/12/25\nMotor Accident Injuries (ACAT Costs Orders)\nRegulation 2020\nEffective: 19/12/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nMotor Accident Injuries (ACAT Costs Orders) Regulation 2020\nSL2020-10\nnotified LR 26 March 2020\ns 1, s 2 commenced 26 March 2020 (LA s 75 (1))\nremainder commenced 27 March 2020 (s 2)\nas amended by\nMotor Accident Injuries (ACAT Costs Orders) Amendment\nRegulation 2025 (No 1) SL2025-30\nnotified LR 18 December 2025\ns 1, s 2 commenced 18 December 2025 (LA s 75 (1))\nremainder commenced 19 December 2025 (s 2)\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nExternal review—costs of proceedings—Act, s 198 (4)\ns 6 am SL2025-30 s 4\nTransitional—Motor Accident Injuries (ACAT Costs Orders) Amendment\nRegulation 2025 (No 1)\ns 7 ins SL2025-30 s 5\nexp 19 June 2027 (s 7 (3))\n\nEndnotes\n5 Earlier republications\npage 8 Motor Accident Injuries (ACAT Costs Orders)\nRegulation 2020\nEffective: 19/12/25\nR2\n19/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n27 Mar 2020\n27 Mar 2020–\n18 Dec 2025\nnot amended new regulation\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation maintains its original narrow purpose: setting the rules for costs orders in ACAT external reviews of motor accident decisions. The 2025 amendment updated the costs cap mechanism and added a transitional provision, but did not expand the regulation's scope beyond its original intent of governing costs in these specific tribunal proceedings."},"complexity_factors":["Short regulation with only 7 sections (2 of which are standard machinery provisions)","Only 3 substantive operational provisions (indexation date, costs orders, transitional provision)","Minimal defined terms — relies heavily on definitions from the parent Motor Accident Injuries Act 2019 and the Legislation Act 2001","Simple conditional structure in section 6 with 4 cumulative criteria for making costs orders","Single mathematical formula for the costs cap ($4,000 AWE indexed + filing fee) with straightforward GST adjustment","One transitional provision with automatic expiry after 18 months","No nested exceptions or complex cross-referencing beyond standard references to the parent Act"],"plain_english_summary":"This regulation sets out the rules for who pays legal costs when someone challenges a motor accident decision in the ACT Civil and Administrative Tribunal (ACAT).\n\n**What it does:**\n- Allows parties in a dispute about a motor accident injury decision to ask ACAT to order the other side to pay their legal costs (a \"costs order\")\n- Caps the maximum costs that can be awarded at **$4,000 (adjusted for wage inflation) plus the ACAT filing fee**\n- Sets conditions for when ACAT can make these orders:\n  * The party must provide itemised details of their costs\n  * Costs must be reasonable and only relate to preparing for and appearing at the external review\n  * The total costs awarded for the same application can't exceed the cap\n  * ACAT must think it's appropriate to make the order\n\n**Who it affects:**\n- People injured in motor vehicle accidents in the ACT who are appealing decisions about their compensation\n- Insurers and legal representatives involved in these disputes\n\n**Key details:**\n- The $4,000 amount is \"AWE indexed\" — meaning it goes up each year based on average weekly earnings, with adjustments happening on **1 October** each year\n- The cap includes GST, but if the party can claim GST credits, those reduce the amount they receive\n- \"Costs\" covers lawyer fees, disbursements (out-of-pocket expenses), and other necessary expenses for preparing and appearing at the hearing\n- There's a transitional rule protecting existing cases: if you applied for review before 19 December 2025 and your case isn't finished, the old rules still apply for 18 months\n\n**Why it matters:**\nThis protects people challenging motor accident decisions from facing unlimited legal bills, while still allowing them to recover some costs if they win. It balances access to justice with keeping the tribunal process affordable and not overly punitive."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/motor-accident-injuries-acat-costs-orders-regulation-2020","history":"/api/acts/motor-accident-injuries-acat-costs-orders-regulation-2020/history","analysis":"/api/acts/motor-accident-injuries-acat-costs-orders-regulation-2020/analysis","conflicts":"/api/acts/motor-accident-injuries-acat-costs-orders-regulation-2020/conflicts","importantCases":"/api/acts/motor-accident-injuries-acat-costs-orders-regulation-2020/important-cases","documents":"/api/acts/motor-accident-injuries-acat-costs-orders-regulation-2020/documents"}}