{"id":"motor-vehicle-third-party-insurance-regulations-2009","name":"Motor Vehicle (Third Party Insurance) Regulations 2009","slug":"motor-vehicle-third-party-insurance-regulations-2009","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179078,"registerId":"wa-motor-vehicle-third-party-insurance-regulations-2009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Motor Vehicle (Third Party Insurance) Regulations 2009","content":"![Crest]()Western Australia\n\nMotor Vehicle (Third Party Insurance) Act 1943\n\nMotor Vehicle (Third Party Insurance) Regulations 2009\n\nWestern Australia\n\nMotor Vehicle (Third Party Insurance) Regulations 2009\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Term used: managing director 1\n\n4. Information to be provided to Commission 1\n\n5. Form of notice 2\n\n6. Payment for transport of injured persons 3\n\n7. Variation of thresholds, caps etc. for damages 4\n\n8. Permits may incorporate policy of insurance 4\n\n9. Policy may be issued with number plates for use on unlicensed vehicle 4\n\n10. Restriction on issue of policies for certain vehicles 5\n\n11. Licence evidence of insurance cover 5\n\n12. Repeal 5\n\nSchedule 1 — Form of notice\n\nNotes\n\nCompilation table 8\n\nDefined terms\n\n  \n\nWestern Australia\n\nMotor Vehicle (Third Party Insurance) Act 1943\n\nMotor Vehicle (Third Party Insurance) Regulations 2009\n\n##### 1. Citation\n\n\t\tThese regulations are the *Motor Vehicle (Third Party Insurance) Regulations 2009*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n##### 3. Term used: managing director\n\nIn these regulations —\n\nmanaging director has the meaning given in the *Insurance Commission of Western Australia Act 1986* section 3.\n\n##### 4. Information to be provided to Commission\n\nFor the purposes of section 3R(4)(a) of the Act the following information for each vehicle in respect of which the Director General has issued a policy of insurance is prescribed —\n\n(a) details of the make and model of the vehicle;\n\n(b) the vehicle class;\n\n(c) the day on which a vehicle licence for the vehicle is granted, renewed or transferred under the *Road Traffic (Vehicles) Act 2012* section 5(3);\n\n(d) the day the vehicle licence expires;\n\n(e) details of the number plate issued for the vehicle under the *Road Traffic (Vehicles) Act 2012*;\n\n(f) the name and address of the owner of the vehicle.\n\n[Regulation 4 amended: Gazette 8 Jan 2015 p. 111‑12.]\n\n##### 5. Form of notice\n\n(1) The form in Schedule 1 is the prescribed form of notice for the purposes of section 29 of the Act.\n\n(2) The managing director may approve a form for a purpose listed in the Table.\n\nTable\n\n| **Section of the Act** | **Instrument or Document** |\n| --- | --- |\n| s.7(2) | Notice of claim where insured person is dead or cannot be served |\n| s. 7(3) | Notice of claim where identity of motor vehicle cannot be ascertained |\n| s. 8(5) | Notice of intention to make claim where driver of uninsured vehicle is dead or cannot be found |\n| s. 10(1) | Notice of happening of accident by driver of motor vehicle |\n| s. 10(2) | Notice of happening of accident by owner of motor vehicle |\n| s. 10(3) | Notice of a claim being made upon an insured person or the owner or driver of an uninsured motor vehicle |\n| s. 12(1)(b) | Notice of claim for cost of transporting an injured person |\n\n\n##### 6. Payment for transport of injured persons\n\nFor the purposes of section 12(1)(b)(iii) of the Act, the amount to be paid to a person who conveys an injured person is —\n\n(a) in the case of an ambulance service with whom the Commission has a written agreement — an amount calculated in accordance with the agreement; or\n\n(b) otherwise — an amount calculated in accordance with the following formula —\n\n\t\t![]()\n\nwhere —\n\nP is the amount to be paid;\n\nD is the distance in kilometres, by the most practical route, from the place of the accident to the place where the injured person is taken;\n\nR is the rate per kilometre calculated in accordance with the *Workers Compensation and Injury Management Regulations 2024* regulation 35(1) and (2).\n\n[Regulation 6 amended: SL 2024/133 r. 17.]\n\n##### 7. Variation of thresholds, caps etc. for damages\n\n(1) This regulation applies for the purposes of recalculating for a financial year —\n\n(a) Amounts A, B and C referred to in section 3C of the Act; and\n\n(b) Amount D referred to in section 3D of the Act,\n\nif the relevant information referred to in section 3C(8)(a) and 3D(8)(a) is not published by the Australian Statistician.\n\n(2) If this regulation applies, Amounts A, B, C and D are to be recalculated under section 3C(8) and 3D(8) by increasing the respective amounts for the preceding financial year by the percentage by which the index for ordinary time hourly rates of pay excluding bonuses (original) for Western Australia, published by the Australian Statistician, varies between 1 January and 31 December in the calendar year preceding the recalculation date.\n\n##### 8. Permits may incorporate policy of insurance\n\nA permit granted under the *Road Traffic (Vehicles) Act 2012* section 13(1) in respect of an unlicensed vehicle may incorporate a policy of insurance under the Act to cover the vehicle for the period for which the permit is issued.\n\n[Regulation 8 amended: Gazette 8 Jan 2015 p. 112.]\n\n##### 9. Policy may be issued with number plates for use on unlicensed vehicle\n\nAt the time number plates for use on an unlicensed motor vehicle are issued under the *Road Traffic (Vehicles) Act 2012* section 13(2) a policy of insurance under the Act may be issued to cover a vehicle on which the plates are used.\n\n[Regulation 9 amended: Gazette 8 Jan 2015 p. 112.]\n\n##### 10. Restriction on issue of policies for certain vehicles\n\nExcept as provided in regulations 8 and 9, the Director General is not to issue a policy of insurance under the Act in respect of a motor vehicle that is not licensed under the *Road Traffic (Vehicles) Act 2012* Part 2  without the approval of the managing director.\n\n[Regulation 10 amended: Gazette 8 Jan 2015 p. 112.]\n\n##### 11. Licence evidence of insurance cover\n\nA licence granted under the *Road Traffic (Vehicles) Act 2012* Part 2 in respect of a motor vehicle is evidence that a policy of insurance under or for the purposes of the Act has been issued in respect of the vehicle.\n\n[Regulation 11 amended: Gazette 8 Jan 2015 p. 112.]\n\n##### 12. Repeal\n\nThe *Motor Vehicle (Third Party Insurance) Regulations 1962* are repealed.\n\n![]()\n\nSchedule 1 — Form of notice\n\n[r. 5(1)]\n\nForm\n\n- ***Motor Vehicle (Third Party Insurance) Act 1943*** **Official use**Ref. No. ..............\n- **NOTICE OF INTENTION TO MAKE CLAIM**\n- I notify the Insurance Commission of Western Australia that ......................................\n............................. [name of claimant] intends to claim damages for death/bodily injury directly caused by, or by the driving of, a motor vehicle.\n- **Details of crash**\n- **Date** ........./........./......... **Registration Number\nof vehicle involved (if known)** ................................\n- **Name and address of driver** Surname Given Names\n- Address\n- **Circumstances of crash**\n- **Name and address of each witness** Surname Given Names\n- Address\n- **Details of deceased or injured person**\n- **Name and address** Surname Given Names\n- Address\n- **Date of birth** .........../.........../...........\n- **Relationship to claimant\n(if applicable)**\n- **Occupation and employment details**\n- **Nature of known injuries**\n- **Name and address of each doctor/hospital attended**\n- **Details of previous claims**\n- Has the claimant previously made a personal injuries claim in respect of this or any other injury? Yes No If yes, provide the following details in respect of each claim.\n- **Date of injury**\n- **Details of injury**\n- **Type of claim (e.g. work, home, sports, motor vehicle)**\n\n| **Date** | **Signature** |\n| --- | --- |\n\n\nNotes\n\nThis is a compilation of the *Motor Vehicle (Third Party Insurance) Regulations 2009* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Motor Vehicle (Third Party Insurance) Regulations 2009* | 26 Jun 2009 p. 2570‑3 | r. 1 and 2: 26 Jun 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 27 Jun 2009 (see r. 2(b)) |\n| *Motor Vehicle (Third Party Insurance) Amendment Regulations 2014* | 8 Jan 2015 p. 111‑12 | r. 1 and 2: 8 Jan 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and *Gazette* 17 Apr 2015 p. 1371) |\n| *Treasurer Regulations Amendment (Workers Compensation) Regulations 2024* Pt. 3 | SL 2024/133 26 Jun 2024 | 1 Jul 2024 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nmanaging director 3\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These regulations repeal the 1962 regulations (reg 12) and consolidate administrative rules governing third‑party cover (data reporting, notice forms, payment formula, indexation and issuance tied to permits/plates). They also incorporate a payment formula amended to reference the Workers Compensation rates (reg 6, SL 2024/133) and set a fallback indexation method if Australian Statistician data are unavailable (reg 7)."},"complexity_factors":["Primarily administrative requirements and standardised forms (reg 5, Schedule 1) — low legal complexity but operational compliance needed.","Cross‑references to other statutes and instruments (Motor Vehicle (Third Party Insurance) Act 1943; Road Traffic (Vehicles) Act 2012; Insurance Commission of WA Act 1986) create inter‑instrument dependencies (regs 3, 8–11).","Discrete formula for transport payments that links to external regulation rates (Workers Compensation and Injury Management Regulations 2024 reg 35) — numerical calculation and distance measure required (reg 6).","Indexation fallback mechanism depends on Australian Statistician publications; provides an alternative escalation method if primary data missing (reg 7).","Managerial discretion to approve alternative forms and exceptions (managing director powers under regs 3, 5 and approval requirement in reg 10) creates case‑by‑case decision points.","Repeal and replacement of earlier regulations (reg 12) — administrative transition and amendment history to track (Compilation table)."],"plain_english_summary":"These regulations set administrative rules for WA third‑party motor vehicle insurance: prescribe data reporting to the Insurance Commission, the claim/notice form (Sch.1), the transport‑payment formula, indexation for damage thresholds, rules for policies on permits/number plates and limits on cover for unlicensed vehicles, and repeal the 1962 regulations (rr.4–12). They affect owners, drivers, claimants and regulators; the Commission funds payments under the Act and the managing director approves forms/exceptions, creating reporting, approval and calculation duties that change how cover is issued."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Impossible to assess whether scope changed from original intent — the legislative text was not available for analysis. The page returned an error indicating the URL has changed due to system upgrades, providing no substantive content to evaluate."},"complexity_factors":["No legislative text was retrievable — only an error/redirect page was provided","Score reflects the inability to assess actual content, defaulting to a minimal baseline","CTP insurance regulations are typically moderately technical, but this cannot be confirmed from available content","The title alone suggests a subordinate instrument (regulations) rather than a principal Act, which are generally more targeted in scope"],"plain_english_summary":"These regulations set the detailed rules for Western Australia’s compulsory third‑party (CTP) motor vehicle insurance scheme, governing how injured third parties receive compensation after road accidents. \n\nThey affect registered vehicle owners (who must have CTP), accident victims claiming compensation, and bodies that administer or underwrite the scheme, ensuring injured people can access medical, income‑loss and related remedies."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operational details for Western Australia's compulsory third-party motor vehicle insurance scheme. The provisions cover data collection, claim notification procedures, payment calculations for emergency transport, and coverage for special vehicle categories (unlicensed vehicles with permits). The 2024 amendment updating the reference to workers compensation regulations represents routine maintenance rather than scope expansion."},"complexity_factors":["Only 1 defined term ('managing director') in the interpretation section","Minimal cross-referencing—primarily references to the parent Act (Motor Vehicle (Third Party Insurance) Act 1943) and Road Traffic (Vehicles) Act 2012","Single mathematical formula in regulation 6 with clear variable definitions","Straightforward structure: 12 regulations plus one schedule containing a form","No nested exceptions or complex conditional logic—most provisions are direct operational rules","Short length (approximately 8 pages including notes and compilation table)"],"plain_english_summary":"These regulations set out the practical rules for Western Australia's compulsory third-party (CTP) car insurance scheme. This is the insurance that covers you if you injure or kill someone while driving.\n\n**What it does:**\n- **Vehicle registration data**: Requires the government to share specific details about each insured vehicle with the Insurance Commission of Western Australia (make, model, registration dates, owner details, etc.).\n- **Claim forms**: Prescribes the official form for notifying the Commission about accident claims, and gives the managing director power to approve other notice forms for specific situations (such as when the driver is dead, cannot be found, or the vehicle is uninsured).\n- **Ambulance costs**: Sets out how much people get paid for transporting injured accident victims. If there's no agreement with the ambulance service, payment is calculated using a formula based on distance travelled and a rate set by workers compensation rules.\n- **Financial adjustments**: Provides a backup method for adjusting compensation caps and thresholds if official wage statistics aren't published on time. The amounts increase by the percentage change in Western Australian wages.\n- **Unlicensed vehicles**: Allows insurance coverage for vehicles that aren't fully registered—specifically when they have temporary permits or number plates for unlicensed vehicles. Normally, you can't get insurance for an unlicensed vehicle without special approval.\n- **Proof of insurance**: Confirms that your vehicle licence itself serves as proof that you have the required insurance.\n\n**Who it affects:**\n- All vehicle owners in Western Australia (since CTP insurance is compulsory)\n- Anyone making a personal injury claim after a car accident\n- Ambulance services and people who transport injured accident victims\n- The Insurance Commission of Western Australia\n\n**Why it matters:**\nThese regulations ensure the CTP insurance system runs smoothly—making sure claims are properly notified, compensation amounts keep up with wages, and there's clarity about when unregistered vehicles can still be covered. Without these rules, injured people might struggle to claim compensation, or vehicle owners might face gaps in coverage."}},"importantCases":[],"_links":{"self":"/api/acts/motor-vehicle-third-party-insurance-regulations-2009","history":"/api/acts/motor-vehicle-third-party-insurance-regulations-2009/history","analysis":"/api/acts/motor-vehicle-third-party-insurance-regulations-2009/analysis","conflicts":"/api/acts/motor-vehicle-third-party-insurance-regulations-2009/conflicts","importantCases":"/api/acts/motor-vehicle-third-party-insurance-regulations-2009/important-cases","documents":"/api/acts/motor-vehicle-third-party-insurance-regulations-2009/documents"}}