{"id":"motor-accidents-compensation-commission-act-2014","name":"Motor Accidents (Compensation) Commission Act 2014","slug":"motor-accidents-compensation-commission-act-2014","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30277,"registerId":"nt-motor-accidents-compensation-commission-act-2014-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Motor Accidents (Compensation) Commission Act 2014","content":"NORTHERN TERRITORY OF AUSTRALIA\nMOTOR ACCIDENTS (COMPENSATION) COMMISSION ACT 2014\nAs in force at 1 July 2021\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Application of Criminal Code .......................................................... 2\nPart 2 Motor Accidents (Compensation)\nCommission\n5 Motor Accidents (Compensation) Commission ................................ 2\n6 Motor Accidents (Compensation) Commissioner and\nAssociate Commissioners ............................................................... 2\n7 Functions of the Commission .......................................................... 3\n8 Powers of Commission .................................................................... 3\n9 Delegation ....................................................................................... 3\n10 Ministerial direction .......................................................................... 4\n11 Business or trading names .............................................................. 4\n12 Common seal .................................................................................. 4\n13 Proceedings of Commission when constituted by more than\none member .................................................................................... 4\n14 Staff and facilities ............................................................................ 4\n15 Protection from liability .................................................................... 5\nPart 3 Motor Accidents (Compensation) Fund\n16 Motor Accidents (Compensation) Fund ........................................... 5\n17 Amounts paid into and out of the Fund ............................................ 5\n18 Reimbursement of cost of public health services............................. 6\n19 Prudential supervision fee ............................................................... 7\n20 Payment of surplus to Territory........................................................ 7\nPart 4 Management matters\n21 Financial records ............................................................................. 7\n22 Annual report and audit ................................................................... 7\n23 Financial Management Act 1995 does not apply ............................. 8\n24 Provision of information to Minister.................................................. 8\n25 Treasurer's Determinations ............................................................. 8\n26 Assumptions when dealing with Commission .................................. 9\n27 Guarantee........................................................................................ 9\n\nMotor Accidents (Compensation) Commission Act 2014 ii\nPart 5 Miscellaneous matters\n28 Confidentiality of information ........................................................... 9\n29 Regulations.................................................................................... 10\nPart 6 Transitional matters for Motor Accidents\n(Compensation) Commission Act 2014\nDivision 1 Winding up of insurance business\n30 Residual assets and liabilities etc. ................................................. 10\nDivision 2 Winding up of banking business\n31 Definitions ...................................................................................... 11\n32 Commission to carry on banking business prior to sale ................. 11\n33 Commission to wind up residual banking business ....................... 12\n34 Assets and liabilities of MACC banking business .......................... 12\n36 Annual report ................................................................................. 12\n37 Treasurer's Determinations ........................................................... 12\n38 Application of Corporations Act 2001 ............................................ 13\n39 Reference to TIO include Commission .......................................... 13\nDivision 3 General matters\n40 Definitions ...................................................................................... 14\n41 Annual report ................................................................................. 14\n42 Treasurer's determinations ............................................................ 14\n43 Continuation of ongoing matters .................................................... 14\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 July 2021\n____________________\nMOTOR ACCIDENTS (COMPENSATION) COMMISSION ACT 2014\nAn Act to provide for the Motor Accidents (Compensation) Commission\nand Motor Accidents (Compensation) Fund, and for related purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Motor Accidents (Compensation)\nCommission Act 2014.\n2 Commencement\nThis Act commences on the commencement of section 46 of the\nTerritory Insurance Office (Sale) Act 2014.\n3 Definitions\nIn this Act:\nAssociate Commissioner means an Associate Motor Accidents\n(Compensation) Commissioner appointed under section 6(1)(b).\nCommission means the Motor Accidents (Compensation)\nCommission continued by section 5(1).\nCommissioner means the Motor Accidents (Compensation)\nCommissioner appointed under section 6(1)(a).\nDetermination means a determination made under section 25.\nFund means the Motor Accidents (Compensation) Fund continued\nby section 16.\nMAC business means the part of the Commission's business that\nrelates to administering the MAC scheme and managing the Fund.\nMAC scheme means the scheme of compensation established by\nthe Motor Accidents (Compensation) Act 1979.\n\nPart 2 Motor Accidents (Compensation) Commission\nMotor Accidents (Compensation) Commission Act 2014 2\n4 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 4\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Motor Accidents (Compensation) Commission\n5 Motor Accidents (Compensation) Commission\n(1) The Territory Insurance Office (established by section 4 of the\nTerritory Insurance Office Act 1979) continues as the same\ncorporate entity under the name of the Motor Accidents\n(Compensation) Commission.\n(2) The Commission:\n(a) is a body corporate with perpetual succession; and\n(b) may own and deal with property; and\n(c) may sue and be sued.\n(3) The Commission is constituted:\n(a) by the Commissioner and any Associate Commissioners; or\n(b) if there is no Commissioner or Associate Commissioner (and\nno persons have been appointed to act in those positions) –\nby the Chief Executive Officer.\n6 Motor Accidents (Compensation) Commissioner and Associate\nCommissioners\n(1) The Minister may, by Gazette notice, appoint:\n(a) a person to be the Motor Accidents (Compensation)\nCommissioner; and\n(b) a person to be an Associate Motor Accidents (Compensation)\nCommissioner.\n(2) The Commissioner and any Associate Commissioners hold office\non the conditions (including remuneration, expenses and\nallowances) determined by the Minister.\n\nPart 2 Motor Accidents (Compensation) Commission\nMotor Accidents (Compensation) Commission Act 2014 3\n7 Functions of the Commission\nThe Commission has the following functions:\n(a) to administer the MAC scheme in accordance with the Motor\nAccidents (Compensation) Act 1979;\n(b) to manage the Fund;\n(c) to promote road safety;\n(d) to perform any other function conferred on it under an Act.\n8 Powers of Commission\nFor the performance of its functions, the Commission has all the\npowers of an individual.\n9 Delegation\n(1) The Commission may delegate any of its powers and functions\nunder this or any other Act to:\n(a) the Commissioner or an Associate Commissioner; or\n(b) a Chief Executive Officer (as defined in section 3(1) of the\nPublic Sector Employment and Management Act 1993) or a\npublic sector employee; or\n(c) a statutory corporation; or\n(d) with the approval of the Minister, any other person (a\nnon-government delegate).\n(2) A delegation under subsection (1)(d) must be made by written\ncontract between the Commission and the delegate (a delegation\ncontract).\n(3) The Commission must not enter into a delegation contract unless\nthe terms of the contract have been approved by the Minister.\n(4) A non-government delegate may do one or more of the following if\ndoing so is permitted by the delegation contract:\n(a) sub-delegate a power or function delegated to the\nnon-government delegate by the delegation contract, other\nthan this power of sub-delegation;\n(b) enter into contracts or other arrangements as the\nCommission's agent.\n\nPart 2 Motor Accidents (Compensation) Commission\nMotor Accidents (Compensation) Commission Act 2014 4\n(5) A contract made under section 9 of the Territory Insurance Office\n(Sale) Act 2014 is taken to be a contract under subsection (2)\nmaking a delegation under subsection (1)(d).\n10 Ministerial direction\n(1) In exercising its powers and performing its functions, the\nCommission is subject to the direction of the Minister.\n(2) The Commission must include in its annual report for a financial\nyear details of each direction given during the year.\n11 Business or trading names\nThe Commission may use and operate under one or more business\nor trading names approved by the Minister.\n12 Common seal\n(1) The Commission must have a common seal.\n(2) The seal must not be used except with the authority of the\nCommission.\n(3) A document purporting to bear the common seal of the Commission\nis taken to have been duly executed by the Commission, in the\nabsence of evidence to the contrary.\n13 Proceedings of Commission when constituted by more than\none member\n(1) This section applies if the Commission is constituted by 2 or more\npersons.\n(2) The Commissioner is the chairperson of the Commission.\n(3) The Commission may conduct its proceedings (including meetings)\nin the way it considers appropriate.\n14 Staff and facilities\n(1) The Chief Executive Officer must provide the Commission with staff\nand facilities to enable it to:\n(a) properly carry on the MAC business; and\n(b) properly perform its other functions.\n(2) The Chief Executive Officer may charge the Commission the\nreasonable cost of providing staff and facilities for the purpose\nmentioned in subsection (1)(a).\n\nPart 3 Motor Accidents (Compensation) Fund\nMotor Accidents (Compensation) Commission Act 2014 5\n(3) Amounts charged under subsection (2) are to be paid out of the\nFund.\n15 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as the Commissioner or an Associate\nCommissioner.\n(2) In addition, the person is not civilly or criminally liable for an act\ndone or omitted to be done by the Commission in the exercise of a\npower or performance of a function under this Act.\n(3) Subsections (1) and (2) do not affect any liability the Territory or the\nCommission would, apart from those subsections, have for the act\nor omission.\n(4) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\nPart 3 Motor Accidents (Compensation) Fund\n16 Motor Accidents (Compensation) Fund\n(1) The Motor Accidents (Compensation) Fund (established by\nsection 22B of the Territory Insurance Office Act 1979) is continued.\n(2) The assets of the Fund:\n(a) are the property of the Territory; and\n(b) are held by the Commission on behalf of the Territory.\n(3) To avoid doubt:\n(a) a trust is not created in relation to the Fund; and\n(b) the Commission is not a trustee in relation to the Fund.\n17 Amounts paid into and out of the Fund\n(1) The Commission must pay into the Fund:\n(a) amounts paid to the Commission under section 46 of the\nMotor Vehicles Act 1949; and\n\nPart 3 Motor Accidents (Compensation) Fund\nMotor Accidents (Compensation) Commission Act 2014 6\n(b) earnings from the investment of the Fund; and\n(c) other amounts received by the Commission for the MAC\nscheme.\n(2) The Commission may pay amounts out of the Fund only for the\nfollowing purposes:\n(a) payment of benefits under the Motor Accident (Compensation)\nAct 1979;\n(b) administration of the MAC Scheme;\n(c) management of the Fund;\n(d) payment of amounts payable by the Commission under a\nMAC management agreement;\n(e) discharge of any other liabilities in relation to the MAC\nbusiness;\n(f) payment of amounts required to be paid out of the Fund under\nsection 14(3), 18, 19 or 20;\n(g) promotion of road safety.\n(3) In this section:\nMAC management agreement means a contract as mentioned in\nsection 9(2) under which the Commission has delegated powers\nand functions in relation to the MAC business.\n18 Reimbursement of cost of public health services\n(1) After the end of each financial year the Minister must determine the\namount (if any) that the Minister considers should be paid to\nreimburse the Territory for the cost of providing public health\nservices to MAC claimants during that financial year.\n(2) The Commission must pay the fee out of the Fund to the Central\nHolding Authority within 2 months after the Minister notifies the\nCommission of the amount.\n(3) In this section:\nMAC claimant means a person who is entitled to compensation\nunder section 18 of the Motor Accidents (Compensation) Act 1979.\nNT Regional Health Services, see section 10 of the Health\nService Act 2021.\n\nPart 4 Management matters\nMotor Accidents (Compensation) Commission Act 2014 7\npublic health services means medical and rehabilitation services\nprovided by NT Regional Health Services that would have been\ncompensable under section 18 of the Motor Accidents\n(Compensation) Act 1979 had the services been provided by a\nperson who is not part of NT Regional Health Services.\n19 Prudential supervision fee\n(1) After the end of each financial year the Treasurer may charge the\nCommission a prudential supervision fee for the financial year of an\namount determined in accordance with the Determinations.\n(2) The Commission must pay the fee out of the Fund to the Central\nHolding Authority within 2 months after the Treasurer notifies the\nCommission of the amount.\n20 Payment of surplus to Territory\n(1) If the Minister is satisfied that the amount in the Fund is in excess of\nthat required as adequate provision for conducting the MAC\nbusiness, the Minister may direct the Commission to pay all or part\nof the excess to the Territory.\n(2) The Commission must pay the amount out of the Fund to the\nCentral Holding Authority by the date stated in the direction.\n(3) The Minister must table a copy of a direction given under\nsubsection (1) in the Legislative Assembly within 6 sitting days after\ngiving the direction.\nPart 4 Management matters\n21 Financial records\n(1) The Commission must keep written financial records that:\n(a) correctly record and explain its transactions and financial\nposition and performance; and\n(b) enable true and fair financial statements to be prepared and\naudited.\n(2) The Commission must keep the records for 7 years after the\ntransactions covered by them are completed.\n22 Annual report and audit\n(1) For each financial year the Commission must prepare an annual\nreport of the Commission's operations during the year.\n\nPart 4 Management matters\nMotor Accidents (Compensation) Commission Act 2014 8\n(2) The Commission must give the report to the Minister within\n4 months after the end of the year or any longer period allowed by\nthe Minister.\n(3) The annual report must:\n(a) conform to the requirements of similar reports under the\nCorporations Act 2001; and\n(b) include separate reports for the MAC business and the\nCommission as a whole; and\n(c) include all information that is required by the Minister to\nenable an informed assessment of the Commission's\noperations.\n(4) Section 10(1) to (3) of the Financial Management Act 1995 applies\nin relation to the Commission as if it were a Government Business\nDivision and the Commissioner were the Accountable Officer.\n(5) The Minister must table the annual report, the financial statement\nprepared in accordance with section 10 of the Financial\nManagement Act 1995 and Auditor-General's report in the\nLegislative Assembly within 6 sitting days after the Minister receives\nthe last of them.\n23 Financial Management Act 1995 does not apply\nThe Financial Management Act 1995 does not apply in relation to\nthe Commission or the Fund (except as mentioned in\nsection 22(4)).\n24 Provision of information to Minister\n(1) The Commission must give to the Minister information within its\npossession or control when requested by the Minister to do so.\n(2) If the Commission considers that any of the information should be\ntreated as confidential, it must advise the Minister of that opinion\nand the reasons for it.\n25 Treasurer's Determinations\n(1) The Treasurer may make determinations not inconsistent with this\nAct about any of the following:\n(a) prudential standards that:\n(i) must be applied by the Commission in relation to the\nMAC business; or\n\nPart 5 Miscellaneous matters\nMotor Accidents (Compensation) Commission Act 2014 9\n(ii) relate to the performance of the Commission's functions\nin relation to the MAC business;\n(b) monitoring and enforcement of those prudential standards\n(including the appointment of persons for those purposes);\n(c) standards about the governance of the Commission;\n(d) the prudential supervision fee under section 19.\n(2) In making a Determination, the Treasurer must consult with, and\nhave regard to any comments made by, the Commission.\n(3) The Treasurer must, by notice in the Gazette, notify the making of a\nDetermination.\n(4) A Determination must not commence before its notification under\nsubsection (3).\n(5) A Determination may apply, adopt or incorporate any or all of the\nprovisions of an instrument as in force or existing from time to time.\n26 Assumptions when dealing with Commission\nSections 52 (other than section 52(1)(d)) and 53 of the Government\nOwned Corporations Act 2001 apply to the Commission as if it were\na Government owned corporation.\n27 Guarantee\n(1) All liabilities of the Commission in relation to the MAC business are\nguaranteed by the Territory.\n(2) Any amount payable under the guarantee is payable from the\nCentral Holding Authority, which is appropriated accordingly.\nPart 5 Miscellaneous matters\n28 Confidentiality of information\n(1) A person commits an offence if:\n(a) the person obtains information in the course of performing\nfunctions connected with the administration of this Act; and\n(b) the person engages in conduct that results in the disclosure of\nthe information.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n\nPart 6 Transitional matters for Motor Accidents (Compensation) Commission Act\n2014\nDivision 1 Winding up of insurance business\nMotor Accidents (Compensation) Commission Act 2014 10\n(2) Strict liability applies to subsection (1)(a).\n(3) Subsection (1) does not apply if:\n(a) the person discloses the information:\n(i) for the administration of this Act; or\n(ii) with the consent of the person to whom the information\nrelates; or\n(iii) for legal proceedings arising out of the operation of this\nAct; or\n(iv) for the proper performance of the Minister's ministerial\nfunctions and duties; or\n(b) the information is otherwise available to the public.\nNote for subsection (3)\nIn addition to the circumstances mentioned in subsection (3), a person who\ndiscloses confidential information will not be criminally responsible for an offence\nif the disclosure is justified or excused by or under a law (see section 43BE of the\nCriminal Code).\n29 Regulations\nThe Administrator may make regulations under this Act.\nPart 6 Transitional matters for Motor Accidents\n(Compensation) Commission Act 2014\nDivision 1 Winding up of insurance business\n30 Residual assets and liabilities etc.\n(1) The Commission has the function of winding up the residual\ninsurance business.\n(2) Except to the extent that the Corporations Act 2001 expressly binds\nthe Crown, the Commission, in performing a function or exercising\na power under this section, is declared to be an excluded matter for\nthe purposes of section 5F of the Corporations Act 2001 in relation\nto the whole of the Corporations legislation to which Part 1.1A of\nthat Act applies.\n\nPart 6 Transitional matters for Motor Accidents (Compensation) Commission Act\n2014\nDivision 2 Winding up of banking business\nMotor Accidents (Compensation) Commission Act 2014 11\n(3) In this section:\nresidual insurance business means so much (if any) of TIO's\ninsurance business as was not included in the sale of the insurance\nbusiness (as defined in section 3 of the Territory Insurance Office\n(Sale) Act 2014).\nTIO's insurance business means the insurance business (as\ndefined in section 3 of the Territory Insurance Office (Sale)\nAct 2014) as carried on by TIO immediately before the insurance\nsale date (as defined in that section).\nDivision 2 Winding up of banking business\n31 Definitions\nIn this Division:\nbanking sale date, see section 3 of the Territory Insurance Office\n(Sale) Act 2014.\nfull banking business means:\n(a) if the banking sale date was before the commencement of this\nAct – the TIO insurance business; or\n(b) otherwise – the business carried on by the Commission under\nsection 32).\nMACC banking business means the business carried on by the\nCommission under section 32 or 33.\nresidual banking business means so much of the full banking\nbusiness as was not included in the sale of the banking business\n(as defined in section 3 of the Territory Insurance Office (Sale)\nAct 2014).\nresidual deposit means a deposit held by the Commission as part\nof the residual banking business.\nTIO's banking business means the banking business (as defined\nin section 3 of the Territory Insurance Office (Sale) Act 2014) as\ncarried on by TIO immediately before the banking sale date.\n32 Commission to carry on banking business prior to sale\n(1) This section applies if this Act commences before the banking sale\ndate.\n\nPart 6 Transitional matters for Motor Accidents (Compensation) Commission Act\n2014\nDivision 2 Winding up of banking business\nMotor Accidents (Compensation) Commission Act 2014 12\n(2) Until the banking sale date the Commission has the function of\ncarrying on what was TIO's banking business.\n33 Commission to wind up residual banking business\n(1) If this Act commences before the banking sale date, this section\ndoes not apply until the banking sale date.\n(2) The Commission has the following functions:\n(a) carrying on the residual banking business until all residual\ndeposits have been repaid;\n(b) winding up the residual banking business.\n34 Assets and liabilities of MACC banking business\n(1) The moneys of, and all debts and other moneys owing to, the\nCommission in relation to the MACC banking business:\n(a) are the property of the Territory; and\n(b) are held, and may be recovered, by the Commission on behalf\nof the Territory.\n(2) The Commission must not use those moneys for any purpose other\nthan the carrying on of the MACC banking business.\n(3) Within 3 months after the last residual deposit is repaid to the\ndepositor the Commission must pay the moneys standing to the\ncredit of the account to the Central Holding Authority.\n36 Annual report\nIn addition to the reports required under section 22(3)(b), the\nCommission's annual report must include a separate report for the\nMACC banking business.\n37 Treasurer's Determinations\n(1) Under section 25, the Treasurer may also make determinations\nabout prudential standards that:\n(a) must be applied by the Commission in relation to the MACC\nbanking business; or\n(b) relate to the performance of the Commission's functions in\nrelation to the MACC banking business.\n\nPart 6 Transitional matters for Motor Accidents (Compensation) Commission Act\n2014\nDivision 2 Winding up of banking business\nMotor Accidents (Compensation) Commission Act 2014 13\n(2) For each financial year during which the Commission carries on the\nMACC banking business the Treasurer may charge the\nCommission a prudential supervision fee in respect of that business\nof an amount determined in accordance with the Determinations.\n38 Application of Corporations Act 2001\nExcept to the extent that the Corporations Act 2001 expressly binds\nthe Crown, the Commission, in carrying on the MACC banking\nbusiness, is declared to be an excluded matter for the purposes of\nsection 5F of the Corporations Act 2001 in relation to the whole of\nthe Corporations legislation to which Part 1.1A of that Act applies.\n39 Reference to TIO include Commission\nA reference in any of the following to the Territory Insurance Office\nis taken to be a reference to the Commission:\n(a) sections 50(1), (3), (4) and (5), 51(a), 54(1), (2), (3) and (4)\nand 73(1)(a) and (2)(a) and (b) of the Agents Licensing\nAct 1979;\n(b) section 110(6)(d)(ii) and (8)(d)(ii) of the Associations Act 2003;\n(c) section 37(1) of the Batchelor Institute of Indigenous Tertiary\nEducation Act 1999;\n(d) section 32(1) of the Charles Darwin University Act 2003;\n(e) sections 4(1)(h), 23(2), 27(1) and 28(1) and (2) of the\nCommercial and Private Agents Licensing Act 1979;\n(f) section 5 of the Criminal Property Forfeiture Act 2002,\ndefinition financial institution, paragraph (d);\n(g) regulation 11(1)(a) and (b) of the Education (College and\nSchool Councils) Regulations 1983;\n(h) section 3 of the Gaming Machine Act 1995, definition\nfinancial institution, paragraph (f);\n(i) section 68(2) of the Law of Property Act 2000, definition bank;\n(j) section 3 of the Local Government Act 2008, definition\nauthorised deposit account;\n(k) section 25(1) of the Menzies School of Health Research\nAct 1985;\n\nPart 6 Transitional matters for Motor Accidents (Compensation) Commission Act\n2014\nDivision 3 General matters\nMotor Accidents (Compensation) Commission Act 2014 14\n(l) sections 14(1) and (2), 16(2) and 27(1) and (4) of the Public\nTrustee Act 1979;\n(m) section 23(b) of the Salvation Army (Northern Territory)\nProperty Trust Act 1976;\n(n) section 39(1) of the Superannuation Act 1986;\n(o) section 35(1) of the Unit Titles Act 1975.\nDivision 3 General matters\n40 Definitions\nIn this Division:\nTIO means the Territory Insurance Office mentioned in section 5(1).\nTIO Act means the Territory Insurance Office Act 1979 repealed by\nsection 46 of the Territory Insurance Office (Sale) Act 2014.\n41 Annual report\nIn the first annual report and financial statements prepared under\nsection 22, the Commission must include a report on the operation\nof, and financial statements for, TIO for the period after the end of\nthe period covered by TIO's last annual report under the TIO Act.\n42 Treasurer's determinations\nA Determination that was in force under section 33A of the TIO Act\nimmediately before the commencement of this Act continues as a\nDetermination under section 25.\n43 Continuation of ongoing matters\n(1) Anything done or omitted to be done by, to, or in relation to, TIO\nbefore the commencement of this Act that is of ongoing effect is to\nbe taken, after that commencement, to have been done or omitted\nto be done by, to, or in relation to, the Commission.\n(2) If the thing was done for the purpose of a particular provision of the\nTIO Act, it is to be taken to have been done for the purposes of the\nequivalent provision in this Act.\n\nENDNOTES\nMotor Accidents (Compensation) Commission Act 2014 15\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nMotor Accidents (Compensation) Commission Act 2014 (Act No. 42, 2014)\nAssent date 28 November 2014\nCommenced 00:01hrs 1 January 2015 (s 2, s 2(4) Territory Insurance\nOffice (Sale) Act 2014 (Act No. 41, 2014) and Gaz S131,\n19 December 2014, p 8)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nHealth Service Act 2021 (Act No. 10, 2021)\nAssent date 20 May 2021\nCommenced 1 July 2021 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 2, 3, 5, 7, 9, 16, 17, 18,\n22, 23, 26, 30, 31, 39 and 40.\n4 LIST OF AMENDMENTS\ns 4 hdg amd No. 4, 2017, s 34\ns 18 amd No. 10, 2021, s 48\npt 2 hdg amd No. 4, 2017, s 34\ns 35 exp No. 42, 2014, s 35(3)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond a simple establishment Act. While nominally creating the MACC and Fund, approximately 40% of the Act (Part 6) is devoted to transitional wind-up provisions for TIO's insurance and banking businesses—functions entirely unrelated to motor accidents compensation. These transitional provisions include complex banking business continuance, residual deposit handling, and extensive legislative cross-referencing that will become obsolete once the wind-up is complete. The Act also incorporates ongoing prudential supervision and governance frameworks that go beyond basic establishment, suggesting it absorbed functions from the repealed Territory Insurance Office Act 1979."},"complexity_factors":["Multiple overlapping definitions requiring cross-referencing to the Territory Insurance Office (Sale) Act 2014 and Motor Accidents (Compensation) Act 1979","Complex transitional provisions in Part 6 dealing with winding up residual insurance and banking businesses, including conditional commencement timing (sections 32-33)","Nested delegation structure with four tiers of delegates and specific contract requirements for non-government delegates (section 9)","Dual accounting requirements—exempt from Financial Management Act 1995 except where specifically applied (section 22(4) vs section 23)","Extensive cross-referencing to external legislation including Corporations Act 2001, Criminal Code, and 15 other Acts in section 39 alone","Conditional liability protections with carve-outs for Territory and Commission liability (section 15)","Multiple fee mechanisms (prudential supervision fees, public health reimbursements, surplus payments) with different triggering conditions and payment timelines"],"plain_english_summary":"This law sets up the **Motor Accidents (Compensation) Commission** (MACC) in the Northern Territory—a government body that manages compensation for people injured in motor vehicle accidents.\n\n**What it does:**\n- **Creates the Commission**: The old Territory Insurance Office (TIO) was renamed and repurposed as the MACC. It's a government-owned corporation that handles motor accident claims.\n- **Manages the Fund**: The Commission runs the **Motor Accidents (Compensation) Fund**, which is essentially a pool of money built from vehicle registration fees and investments. This fund pays out compensation to injured people and covers the Commission's operating costs.\n- **Handles the money**: The law specifies exactly what money goes into the Fund (registration fees, investment returns) and what it can be spent on (compensation payments, road safety programs, public health reimbursements, and running costs).\n- **Sets up governance**: A Commissioner and Associate Commissioners run the show, appointed by the Minister. The Commission can delegate powers to staff or private contractors, but needs Ministerial approval for non-government delegates.\n- **Provides oversight**: The Treasurer sets prudential standards (financial safety rules) and can charge supervision fees. The Commission must produce annual reports and is subject to Ministerial direction.\n- **Winds down old businesses**: Large sections deal with transitional arrangements—shutting down TIO's old insurance and banking operations that weren't sold off when the government privatised parts of TIO.\n\n**Who it affects:**\n- **Motor vehicle owners**: Their registration fees feed into the Fund.\n- **Injured people**: Anyone claiming compensation under the Northern Territory's no-fault motor accident scheme.\n- **Healthcare providers**: The Commission reimburses the Territory for public health services provided to accident victims.\n- **Government**: The Territory guarantees the Commission's liabilities and can take surplus funds from the Fund.\n\n**Why it matters:**\nThis is the organisational backbone of the NT's motor accidents compensation scheme. It ensures there's a financially sound, government-backed body to pay compensation to accident victims while keeping the Fund solvent through prudential oversight. The transitional provisions show this was part of a broader restructuring—breaking up the old TIO monopoly and keeping only the motor accidents compensation function in government hands."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This version does not materially expand the scope beyond the Act’s original purpose of continuing TIO’s motor-accident compensation activities under a new Commission and preserving the Motor Accidents (Compensation) Fund. The main additions since enactment are technical and updating amendments (for example, a Health Service Act 2021 amendment updating the public health services reference used for reimbursements under s 18 and formal or drafting amendments noted in reprints). Transitional provisions (Part 6) implement the original intent to wind up residual insurance and banking business after the sale of TIO assets rather than expanding substantive policy reach. The core remit—administration of the MAC scheme, Fund management, ministerial/Treasurer oversight, and winding up residual business—remains consistent with the Act’s foundational purpose (see ss 5–7, 16, Part 6)."},"complexity_factors":["Multiple cross-references to other Acts (Motor Accidents (Compensation) Act 1979; Territory Insurance Office (Sale) Act 2014; Financial Management Act 1995; Corporations Act 2001; Government Owned Corporations Act 2001; Health Service Act 2021)","Transitional provisions tied to external 'sale dates' (banking sale date, insurance sale date) creating conditional application across Part 6","Delegation regime allowing non-government delegates subject to ministerial approval and written contracts (s 9) — contractual complexity and external instrument interaction","Treasurer's Determinations power that can incorporate external instruments 'as in force from time to time' (s 25(5))","Ministerial direction power with required public reporting of directions (s 10, s 22(3)) — additional governance steps","Financial mechanics across Fund inflows/outflows, ministerial-determined reimbursements and prudential fees (ss 17–20) with timing and payment requirements","Confidentiality offence with strict liability for part of the offence and multiple carve-outs (s 28)","Limited but significant definitions section (s 3) and multiple defined terms used throughout (Commission, Commissioner, Fund, MAC business, MAC scheme, etc.)","Exceptions to general legislation (Financial Management Act excluded except limited application in s 22(4); Corporations Act exclusions in Part 6) increasing interpretive complexity","Separate reporting requirements (separate reports for MAC business and MACC banking business) and special audit/reporting timing rules (s 22, s 36)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Continues the Territory Insurance Office (TIO) as a new statutory body called the Motor Accidents (Compensation) Commission (the Commission) and continues the Motor Accidents (Compensation) Fund (the Fund). (see s 5, s 16)\n- Gives the Commission corporate powers to own property, sue and be sued, employ staff, use business names and have a common seal. (see s 5, ss 11–14)\n- Specifies the Commission’s core functions: administer the motor-accident compensation scheme (the MAC scheme), manage the Fund, and promote road safety. (see s 7)\n- Allows the Minister to appoint a Commissioner and Associate Commissioners, and to give directions to the Commission; directions given must be reported in the Commission’s annual report. (see s 6, s 10)\n- Allows the Commission to delegate powers (including to non-government bodies subject to ministerial approval and a written delegation contract). Existing contracts under the Territory Insurance Office (Sale) Act 2014 are taken to be delegation contracts. (see s 9, s 5(1) note)\n- Sets rules for money flowing into and out of the Fund: income sources, permissible payments (benefits, administration, management costs, road safety, payments under management agreements etc.). (see s 17)\n- Requires the Commission to reimburse the Territory for public health services provided to MAC claimants (Minister determines amount each year). (see s 18)\n- Allows the Treasurer to impose an annual prudential supervision fee and make prudential and governance Determinations that the Commission must follow; those Determinations can adopt existing instruments. (see s 19, s 25)\n- Declares that all liabilities of the Commission in relation to the MAC business are guaranteed by the Territory; money under the guarantee is payable from the Central Holding Authority. (see s 27)\n- Creates a confidentiality offence for improper disclosures of information obtained in administering the Act (strict liability for obtaining information; some carve-outs apply). (see s 28)\n- Contains transitional provisions for winding up residual insurance and banking business after the TIO sale (Commission winds up residual insurance/banking activities, holds and manages related assets and liabilities, reports separately on any residual banking business). (see Part 6, Divisions 1–2)\n\n\nWho is affected\n\n- MAC claimants: the scheme that pays compensation for motor-accident injuries continues and is administered by the Commission (s 7, s 17). The Commission must reimburse Territory health services for care given to claimants (s 18).\n- The Territory government: retains ownership of Fund assets (s 16(2)), guarantees Commission liabilities (s 27) and receives any directed surplus from the Fund (s 20).\n- The Minister and Treasurer: have active oversight roles—Minister may direct the Commission and appoint Commissioners (ss 6, 10); Treasurer may make prudential Determinations and charge a supervision fee (ss 19, 25).\n- Delegates and contractors: the Commission may delegate functions to public sector employees, statutory corporations or approved non-government delegates under written contracts; ministerial approval is required for non-government delegates and those contracts carry conditions including limited sub-delegation. (s 9)\n- NT Regional Health Services (public health providers): get reimbursed from the Fund for services to MAC claimants where determined by the Minister (s 18).\n- Parties dealing with what used to be TIO’s banking or insurance functions: transitional provisions require the Commission to wind up residual banking/insurance business and report separately while doing so. (Part 6)\n\n\nWhy it matters (stated purpose and practical implications)\n\n- Stated purpose: to continue TIO’s motor-accident compensation work under a new body (the Commission) and to keep the Fund to pay claims, manage risk and finance administration (see long title, s 5, s 16). The Act also provides for orderly winding-up of any residual insurance or banking business after the sale of those businesses under separate legislation. (Part 6)\n\n- Key practical implications and trade-offs:\n  - Fiscal exposure: the Territory guarantees the Commission’s MAC liabilities (s 27). That places financial risk on the Territory budget if Fund reserves prove inadequate.\n  - Administrative oversight and discretion: the Minister may direct the Commission (s 10) and the Treasurer can set prudential standards and fees (s 25). Those powers centralise policy and prudential control in the executive and can change the Commission’s operating constraints without primary‑law amendment, subject to the statutory requirement that Determinations be not inconsistent with the Act (s 25(1)).\n  - Funding and cash flows: the Fund is the exclusive source for MAC payments and certain Commission costs (s 17). The Commission must pay public health reimbursements as determined by the Minister (s 18) and a prudential supervision fee to the Treasurer where charged (s 19). Those outflows affect available reserves and the timing of surplus transfers to the Territory (s 20).\n  - Delegation and outsourcing: the Commission may delegate to non‑government entities with ministerial approval and written contracts (s 9). This allows outsourcing but creates compliance and contract‑management burdens (contracts must be ministerially approved and may permit agency contracting and limited sub-delegation—s 9(2)–(4)).\n  - Reporting and audit regime: the Commission must keep financial records, prepare audited financial statements and an annual report that separately accounts for MAC business and any residual banking business; the Minister must table those reports (s 21–22, s 36). This creates transparency but also compliance costs.\n  - Confidentiality and criminal sanctions: disclosure of information obtained in administering the Act is a criminal offence with significant penalties, subject to specific exceptions and strict liability on obtaining the information (s 28). That raises compliance and training needs.\n\n\nCosts, incentives and implementation risks (concrete mechanisms)\n\n- Who pays: benefits and most running costs are paid from the Fund; the Territory pays any guaranteed shortfall under s 27 via the Central Holding Authority. The Minister-determined public-health reimbursement is payable from the Fund (s 18).\n- Incentives for the Commission: to preserve Fund solvency (prudential Determinations and supervision fees, ss 19,25), manage claims and administration costs (s 17), and comply with Ministerial directions (s 10). Surplus distributions to the Territory (s 20) create an incentive to maintain a Fund buffer; however the Minister may direct payment of excess, so timing of distributions affects risk management.\n- Capture or rent-seeking risks: the Act permits non-government delegation subject to ministerial approval (s 9). Without tight procurement rules embedded in the delegation contracts, outsourcing could concentrate benefits with private providers; the Act requires ministerial approval of such contracts (s 9(3)) but leaves contract terms to the parties.\n- Opportunity costs and trade-offs: using Fund money to reimburse public health services (s 18) and to pay prudential fees (s 19) reduces money available for claimant benefits or reserves. Direct ministerial and Treasurer control over standards and directions means operational decisions may shift toward policy priorities set outside the Commission (ss 10,25).\n- Implementation risk: transitional wind-up duties (Part 6) are linked to external sale dates set in other legislation (Territory Insurance Office (Sale) Act 2014). Complexity in unwinding residual banking/insurance business and applying Corporations Act exclusions (ss 30, 33–34, 38) creates legal and operational risks while assets/liabilities are transferred or wound up.\n- Compliance burden: recordkeeping (7 years minimum, s 21), separate audited reporting (s 22(3)), adherence to prudential Determinations (s 25) and managing confidentiality obligations with criminal penalties (s 28) all impose administrative costs.\n\n\nRelevant sections (quick map): s 5 (continuation as Commission); s 6 (appointments); s 7 (functions); s 9 (delegation); s 10 (ministerial direction); s 16–20 (Fund rules, reimbursements, fees, surplus); s 21–22 (records, reporting); s 25 (Treasurer’s Determinations); s 27 (guarantee); s 28 (confidentiality); Part 6 (transitional winding-up provisions).\n\n\nOverall summary sentence\n\nThe Act transfers the motor-accident compensation responsibilities formerly held by the Territory Insurance Office to a standalone Motor Accidents (Compensation) Commission, preserves the Motor Accidents (Compensation) Fund as the financing vehicle for claims and administration, defines accountability, prudential and reporting duties, creates ministerial and Treasurer oversight tools, and provides transitional rules to wind up any residual banking or insurance activities left after the sale of TIO businesses. (see Part 1–6)"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/motor-accidents-compensation-commission-act-2014","history":"/api/acts/motor-accidents-compensation-commission-act-2014/history","analysis":"/api/acts/motor-accidents-compensation-commission-act-2014/analysis","conflicts":"/api/acts/motor-accidents-compensation-commission-act-2014/conflicts","importantCases":"/api/acts/motor-accidents-compensation-commission-act-2014/important-cases","documents":"/api/acts/motor-accidents-compensation-commission-act-2014/documents"}}