{"id":"motor-vehicles-third-party-insurance-regulations-2013","name":"Motor Vehicles (Third Party Insurance) Regulations 2013","slug":"motor-vehicles-third-party-insurance-regulations-2013","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236172,"registerId":"sa-motor-vehicles-third-party-insurance-regulations-2013-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Motor Vehicles (Third Party Insurance) Regulations 2013","content":"South Australia\nMotor Vehicles (Third Party Insurance) Regulations 2013\nunder the Motor Vehicles Act 1959\n\nContents\n1\tShort title\n3\tInterpretation\n4\tClaim for compensation (section 126A of Act)\n5\tForms and information required in connection with notice of claim (section 126A(2)(c) of Act)\n6\tAuthority to obtain information (section 126A(2)(d) of Act)\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Motor Vehicles (Third Party Insurance) Regulations 2013.\n3—Interpretation\nIn these regulations—\nAct means the Motor Vehicles Act 1959;\nmotor vehicle injury means a bodily injury to a person caused by or arising out of the use of a motor vehicle;\nrelevant motor vehicle accident means the motor vehicle accident that results in the motor vehicle injury that is relevant for the purposes of the application of the Act in relation to a particular person.\n4—Claim for compensation (section 126A of Act)\n\t(1)\tA notice of a claim under section 126A(1) of the Act must be given—\n\t(a)\tin the case of a notice of a claim in relation to an action against the nominal defendant—as soon as reasonably practicable after it becomes apparent that—\n\t(i)\tthe identity of the relevant motor vehicle is not readily ascertainable; or\n\t(ii)\tthe relevant motor vehicle was uninsured; or\n\t(b)\tin any other case—within 6 months after the relevant motor vehicle accident.\n\t(2)\tA failure to comply with subregulation (1) does not attract the operation of section 126A(6) of the Act if—\n\t(a)\tthe failure to give the notice of claim within the relevant period was occasioned by—\n\t(i)\tignorance or mistake of the claimant; or\n\t(ii)\tabsence of the claimant from the State; or\n\t(iii)\tinability of the claimant on account of injury; or\n\t(iv)\tinability of the claimant on account of the claimant's legal disability; or\n\t(v)\tother reasonable cause; and\n\t(b)\tthe proper assessment of the claim has not been substantially prejudiced.\n\t(3)\tNothing in section 126A of the Act (or these regulations) affects the ability of a person to commence or continue proceedings once the person has provided the information and statements referred to in subsection (2)(c) and (d) of that section (including after the period referred to in subregulation (1) has expired). \n5—Forms and information required in connection with notice of claim (section 126A(2)(c) of Act)\n\t(1)\tA medical certificate or opinion referred to in section 126A(2)(c)(ii) of the Act must be in a form determined by the CTP Regulator.\n\t(2)\tPursuant to section 126A(2)(c)(iv) of the Act, a notice of claim under subsection (1) of that section must be accompanied by—\n\t(a)\tif the claim includes loss of income or earning capacity—evidence of income or earning capacity, including, for example, relevant payslips, PAYG payment summaries or income tax returns; and\n\t(b)\tif the claim includes payment of medical expenses—evidence of expenses incurred up to the date of the claim, including, for example, accounts or receipts in respect of medical services; and\n\t(c)\tif the claim relates to the death of a person and is brought under Part 5 of the Civil Liability Act 1936—the certificate of death of that person; and\n\t(d)\tif the claimant was injured while driving a motor vehicle—the claimant's driver's licence number; and\n\t(e)\tif the claimant was not driving a motor vehicle when he or she was injured—proof of the claimant's identity.\n6—Authority to obtain information (section 126A(2)(d) of Act)\nThe prescribed form for a statement of authority to obtain information under section 126A(2)(d) of the Act is a form determined by the CTP Regulator.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2013\n164\nGazette 20.6.2013 p2632\n1.7.2013: r 2\n2021\n98\nGazette 1.7.2021 p2464\n1.11.2021: r 2\nProvisions varied\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.11.2021\nr 5\n\n\nr 5(1)\ninserted by 98/2021 r 4\n1.11.2021\nr 5(2)\nr 5 redesignated as r 5(2) by 98/2021 r 4\n1.11.2021\nr 6\nsubstituted by 98/2021 r 5\n1.11.2021\nr 7\nexpired: r 7(2)\n(1.7.2016)\n\ndeleted by 98/2021 r 5\n1.11.2021\nr 8\ndeleted by 98/2021 r 5\n1.11.2021\nSch 1\ndeleted by 98/2021 r 6\n1.11.2021\n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations appear tightly focused on their original purpose of operationalising the notice of claim requirements under section 126A of the Motor Vehicles Act 1959. The 2021 amendments streamlined the instrument by removing spent provisions (regulation 7, 8, Schedule 1) and simplifying form requirements, suggesting consolidation rather than scope creep. The legislative history shows deletion of provisions rather than expansion."},"complexity_factors":["Only 3 defined terms in the interpretation section (Act, motor vehicle injury, relevant motor vehicle accident)","Straightforward conditional structure with clear time limits and explicit exceptions","Minimal cross-referencing — primarily references to specific subsections of the parent Motor Vehicles Act 1959","Simple nested logic in regulation 4(2) (exception to the time limit with five specific grounds plus catch-all)","Short length — approximately 6 substantive regulations with legislative history","No complex mathematical formulas, deeming provisions, or multi-layered deeming","Prescribed forms are delegated to the CTP Regulator rather than set out in the regulations themselves, reducing bulk"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for making a claim under South Australia's compulsory third party (CTP) insurance scheme. CTP insurance covers people injured in motor vehicle accidents — it's the insurance every registered vehicle must have.\n\n**Who it affects:**\n\n- **Injured people** making claims for compensation after a motor vehicle accident\n- **The CTP Regulator** (the government body overseeing the scheme)\n- **Insurers** handling CTP claims\n\n**Key requirements:**\n\n- **Timing:** Most claims must be lodged within **6 months** of the accident. However, if the at-fault vehicle is uninsured or cannot be identified (a \"hit and run\"), you must notify the claim **as soon as reasonably practicable** once you realise this.\n\n- **Excuses for late claims:** You can still claim even if you miss the deadline if you have a good reason — such as:\n  - Not knowing you needed to claim (ignorance or mistake)\n  - Being interstate or overseas\n  - Being too injured to claim\n  - Having a legal disability (for example, being a child without a litigation guardian)\n  - Any other reasonable cause\n  \n  **But** — this only works if the delay hasn't seriously harmed the insurer's ability to investigate the claim.\n\n- **What you must provide with your claim:**\n  - A medical certificate in the form required by the CTP Regulator\n  - Proof of lost income (payslips, tax returns) if claiming for that\n  - Receipts for medical expenses if claiming those\n  - A death certificate if claiming for a fatal accident\n  - Your driver's licence number (if you were driving) or proof of identity (if you were a passenger or pedestrian)\n  - A signed authority letting the insurer access relevant information\n\n- **Important protection:** Even if you miss the deadline, you can still start or continue court proceedings once you've given the required information and statements — the time limit doesn't kill your legal rights entirely.\n\n**Why it matters:**\n\nThese rules balance two competing needs: getting injured people compensation quickly, while giving insurers enough information and time to assess claims properly. The regulations prevent insurers from rejecting claims purely on technical timing grounds where there's a genuine excuse and no real harm done to their investigation."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No content was returned beyond a website error page. Any assessment of whether the regulations expanded or narrowed the scope of the parent Act (Motor Vehicles Act 1959 SA) would be speculative without the actual text."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","Unable to assess actual regulatory complexity, cross-references, definitions, or operative provisions","Score of 1 reflects absence of analysable content, not simplicity of the underlying law","Website migration on 24 March 2026 appears to have broken legacy hyperlinks to SA legislation"],"plain_english_summary":"The Motor Vehicles (Third Party Insurance) Regulations 2013 set rules for compulsory third‑party (CTP) insurance in South Australia, requiring vehicle owners/drivers to carry cover that compensates people injured or killed in accidents caused by an insured driver. It matters to anyone who owns or drives in SA because CTP protects other people (not your vehicle) and is legally mandatory."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations have been updated since 2013 (notably by 98/2021) to delegate form content to the CTP Regulator (r 5(1) and r 6 substitution) and to add/clarify required supporting documents for notices of claim. Legislative history shows deletion and substitution of earlier provisions and a removed schedule, meaning procedural detail and form control were shifted from fixed regulation text to regulator‑determined instruments."},"complexity_factors":["Short, focused instrument with limited number of operative rules (time limits, evidence lists, form delegations).","Interaction with section 126A of the Motor Vehicles Act 1959 creates reliance on the parent Act for key legal effects.","Use of open‑ended standards (\"reasonable cause\" for late notice) requires factual assessment in each case.","Requirement that the CTP Regulator determine form content delegates procedural detail outside the regulations themselves.","Prejudice test (claim must not be substantially prejudiced) introduces a substantive assessment into what would otherwise be a strict deadline."],"plain_english_summary":"These regulations set the practical steps for making third‑party motor vehicle injury claims under the Motor Vehicles Act 1959: they prescribe notice deadlines (including a six‑month general rule and earlier notice where vehicle identity or insurance is unclear), list required supporting documents, and give the CTP Regulator authority to determine the required forms for medical certificates and information‑release authorities. They affect injured people, insurers and the nominal defendant — insurers/nominal defendant meet compensation obligations — by defining deadlines, evidence obligations and administrative discretion that can affect the ability to start or continue proceedings."}},"importantCases":[],"_links":{"self":"/api/acts/motor-vehicles-third-party-insurance-regulations-2013","history":"/api/acts/motor-vehicles-third-party-insurance-regulations-2013/history","analysis":"/api/acts/motor-vehicles-third-party-insurance-regulations-2013/analysis","conflicts":"/api/acts/motor-vehicles-third-party-insurance-regulations-2013/conflicts","importantCases":"/api/acts/motor-vehicles-third-party-insurance-regulations-2013/important-cases","documents":"/api/acts/motor-vehicles-third-party-insurance-regulations-2013/documents"}}