1Motor Accident Injuries (Insurer Information Collection) Regulation 2020

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Motor Accident Injuries (Insurer Information Collection) Regulation 2020 SL2020-7 made under the Motor Accident Injuries Act 2019 Republication No 2 Effective: 26 November 2025 Republication date: 26 November 2025 Last amendment made by A2025-29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Motor Accident Injuries (Insurer Information Collection) Regulation 2020, made under the Motor Accident Injuries Act 2019 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133). R2 26/11/25 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Motor Accident Injuries (Insurer Information Collection) Regulation 2020 made under the Motor Accident Injuries Act 2019 Contents Page 1 Name of regulation 2 3 Dictionary 2 4 Notes 2 5 Monthly returns for applications and claims—Act, s 462 (2) (b) (i) and (c) (i) and (4) (a) 2 6 Monthly returns and returns—respondent’s claim manager— Act, s 462 (2) (b) 3 7 Information to be provided by licensed insurers—Act, s 462 (2) (d) 3 Contents Page contents 2 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 R2 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Information to be included in monthly returns 5 1.1 Information relating to applications for defined benefits and motor accident claims 5 1.2 Information relating to applications for defined benefits generally 7 1.3 Information relating to applications for income replacement benefits 9 1.4 Information relating to applications for treatment and care benefits 9 1.5 Information relating to quality of life benefits applications 10 1.6 Information relating to applications for death benefits 10 1.7 Information relating to disputes about benefits applications 11 1.8 Information relating to motor accident claims 11 1.9 Other information 13 Dictionary 14 Endnotes 1 About the endnotes 16 2 Abbreviation key 16 3 Legislation history 17 4 Amendment history 17 5 Earlier republications 18 R2 26/11/25 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Motor Accident Injuries (Insurer Information Collection) Regulation 2020 made under the Motor Accident Injuries Act 2019 Section 1 page 2 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 R2 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1 Name of regulation This regulation is the Motor Accident Injuries (Insurer Information Collection) Regulation 2020. 3 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation. For example, the signpost definition ‘monthly return—see section 5.’ means that the term ‘monthly return’ is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 5 Monthly returns for applications and claims—Act, s 462 (2) (b) (i) and (c) (i) and (4) (a) (1) A licensed insurer must, not later than 7 days after the end of each month, give the MAI commission a return (a monthly return) for the month. Note If a respondent’s claim manager is acting for all respondents for the claim, the insurer may not need to provide information (see s 6). (2) A monthly return must be in a form approved by the MAI commission. Section 6 R2 26/11/25 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) A monthly return must include the information set out in schedule 1 for each application for defined benefits and each motor accident claim received or managed by the licensed insurer in the month to which the return relates. 6 Monthly returns and returns—respondent’s claim manager—Act, s 462 (2) (b) (1) This section applies if— (a) a respondent’s claim manager is acting under the Civil Law (Wrongs) Act 2002, section 56 (Multiple respondents) for all respondents for a motor accident claim; and (b) another insurer has— (i) told the MAI commission about the respondent’s claim manager for the claim; and (ii) given the required claim details for the claim under section 5. (2) The insurer need not provide other information required under section 5 about the claim. 7 Information to be provided by licensed insurers—Act, s 462 (2) (d) (1) If a licensed insurer receives an information request in relation to a matter that may have a material impact on the insurer’s MAI insurance business, the insurer must, not later than 1 month after responding to the request, give a copy of the request and the licensed insurer’s response to the request to the MAI commission. (2) If the MAI commission asks a licensed insurer for an actuarial report on the insurer’s financial position, the insurer must give the report to the MAI commission not later than 3 months after receiving the request. Section 7 page 4 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 R2 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If a transaction happens that may affect control of a licensed insurer, the insurer must give complete details of the transaction to the MAI commission not later than 1 month after the transaction happens. (4) If the manager responsible for managing a licensed insurer’s MAI insurance business changes, the insurer must give complete details of the change to the MAI commission not later than 1 month after the change happens. (5) In this section: Commonwealth financial regulator means an entity established under a Commonwealth law to regulate entities in the financial sector. information request, received by a licensed insurer, means a request for information or explanation to the insurer from a Commonwealth financial regulator. Information to be included in monthly returns Schedule 1 Section 1.1 R2 26/11/25 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Information to be included in monthly returns (see s 5) 1.1 Information relating to applications for defined benefits and motor accident claims (1) The following information about each application for defined benefits and each motor accident claim received or managed in the month: (a) details about the applicant or claimant, including the following: (i) full name; (ii) date of birth; (iii) home address, postal address (if any) and preferred email address (if any); (iv) preferred telephone number; (v) gender; (vi) evidence of the applicant’s or claimant’s identity; Examples • driver licence number • passport number • Medicare number (b) details about each motor vehicle involved in the motor accident, including the following: (i) details that identify the motor vehicle; Example make, model, type and year of manufacture of the motor vehicle (ii) if the motor vehicle was registered—the registration number of the motor vehicle; Schedule 1 Information to be included in monthly returns Section 1.1 page 6 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 R2 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) if the motor vehicle had a valid trader’s plate attached— the unique identifying number on the trader’s plate; (c) if the nominal defendant is the relevant insurer for the application or managing insurer for the claim—the reason the nominal defendant is the relevant insurer for the application or managing insurer for the claim; (d) details about the motor accident, including the following: (i) the date, time and place of the motor accident; (ii) the unique identifying number (if any) for the motor accident assigned by the Australian Federal Police; (iii) the involvement of each participant in the motor accident, including details about which motor vehicle the insurer considers to be most at fault; (e) if the applicant or claimant is represented by a lawyer—the lawyer’s name and contact details, including email address; (f) an estimate of the costs associated with the application or claim, the date of the estimate and any revision of the estimate; (g) details of all payments made in relation to the application or claim, including the following: (i) the name and contact details of each person to whom a payment was made; (ii) the amount stated in the account to be paid; (iii) when each payment was made; (iv) for a payment of income replacement benefits—the period to which the payment relates; (v) for a payment of treatment and care benefits that relates to a series of treatment and care or ongoing domestic services—the period to which the payment relates; Information to be included in monthly returns Schedule 1 Section 1.2 R2 26/11/25 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (vi) if the applicant or claimant paid a medical provider directly for a service—details of the provider; (vii) for a payment made or received under an arrangement between insurers to share costs for the application or claim—the payment relating to the arrangement; (viii) for a recovery with an insurer or other party not covered by an arrangement mentioned in subparagraph (vii)—the date and amount of the payment made or received in relation to the application or claim. (2) In this section: registration number—see the Road Transport (Vehicle Registration) Regulation 2000, dictionary. 1.2 Information relating to applications for defined benefits generally (1) The following information about each application for defined benefits received or managed in the month: (a) whether an ambulance attended the motor accident; (b) whether the applicant attended hospital after the motor accident and, if so, details of the attendance; (c) the date the application was received; (d) the date the receipt notice or late receipt notice was given to the applicant; (e) for a late application—the reasons for accepting or rejecting the application; (f) whether the insurer accepted liability for the application and the date the insurer made the decision about accepting or rejecting liability; Schedule 1 Information to be included in monthly returns Section 1.2 page 8 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 R2 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (g) if the insurer rejected liability for the application—the reason for doing so; (h) whether the applicant has made a workers compensation application in relation to an injury sustained as a result of the motor accident; (i) whether the applicant was charged with a driving offence or serious offence in relation to the motor accident and, if so— (i) the nature of the offence; and (ii) the date the applicant was charged with the offence; and (iii) the date and outcome of any decision in relation to the charge; (j) the defined benefits the applicant has applied for; (k) whether the applicant’s injury was an intentionally self-inflicted injury; (l) whether the applicant is a detainee or young detainee; (m) whether the applicant— (i) is an Australian citizen or permanent resident; or (ii) holds a temporary visa under the Migration Act 1958 (Cwlth), section 30 (2); (n) whether the applicant receives a pension, allowance or benefit under the Social Security Act 1991 (Cwlth); (o) whether the applicant has transferred from a workers compensation scheme; (p) the status of the application. (2) In this section: detainee—see the Corrections Management Act 2007, section 6. Information to be included in monthly returns Schedule 1 Section 1.3 R2 26/11/25 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au serious offence—see the Act, section 48 (6). young detainee—see the Children and Young People Act 2008, section 95. 1.3 Information relating to applications for income replacement benefits The following information about each application for income replacement benefits received or managed in the month: (a) if the applicant was in paid work before the motor accident— details of the work the applicant was in, including— (i) the applicant’s occupation; and (ii) the applicant’s work status; and (iii) whether the applicant was employed by someone else or self-employed and the name of the applicant’s employer or business; and (iv) the number of hours the applicant worked each week; (b) the applicant’s pre-injury income; (c) the date the applicant stopped paid work after the motor accident; (d) if the applicant returned to paid work after the motor accident— details of their return to work; (e) if the applicant has given the insurer a fitness for work certificate—details of the certificate. 1.4 Information relating to applications for treatment and care benefits The following information about each application for treatment and care benefits received or managed in the month: (a) details of the applicant’s injury and treatment; Schedule 1 Information to be included in monthly returns Section 1.5 page 10 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 R2 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) if the applicant has a recovery plan—the status of the plan. 1.5 Information relating to quality of life benefits applications The following information about each quality of life benefits application received or managed in the month: (a) if the applicant has had 1 or more WPI assessments—the timing and outcome of each assessment; (b) if a private medical examiner carried out a second WPI assessment of the applicant—the outcome of the assessment; (c) if the insurer receives a second WPI report for the applicant— (i) the final WPI; and (ii) the date of the final WPI offer. 1.6 Information relating to applications for death benefits The following information about each application for death benefits received or managed in the month: (a) the date the insurer received the application; (b) the date the dead person died; (c) the date the insurer applied to the ACAT for an order for the payment of death benefits to the dead person’s dependants; (d) the date of the ACAT’s decision about the payment of death benefits; (e) if an applicant is represented by a lawyer for the application to the ACAT for the payment of death benefits to the dead person’s dependants—the lawyer’s name and contact details, including email address; (f) the number of the dead person’s dependants who received a payment of death benefits; Information to be included in monthly returns Schedule 1 Section 1.7 R2 26/11/25 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (g) details of any order made by the ACAT under the Act, section 177 (1) (a), including the amount of death benefits ordered for each dependant. 1.7 Information relating to disputes about benefits applications The following information about each application for review of an internally reviewable decision received or managed in the month: (a) the date and reason for the application; (b) whether the application is a late application and, if so, the reason for allowing the applicant to make the late application; (c) details of the insurer’s decision in relation to the application, including the date of the decision and the reasons for the decision; (d) if an application is made for external review of an ACAT reviewable decision that relates to the matter— (i) the date and reference number of the application for external review; and (ii) if the applicant is represented by a lawyer for the external review—the lawyer’s name and contact details, including email address; and (iii) details of the decision made by the ACAT, including the date of and reasons for the decision; and (iv) whether costs were awarded in relation to the application and, if so, the amount awarded. 1.8 Information relating to motor accident claims The following information about each motor accident claim received or managed in the month: (a) the date of the notice of claim; Schedule 1 Information to be included in monthly returns Section 1.8 page 12 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 R2 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the kind of claim made; Examples—kind of claim • damages for future treatment and care • damages for loss of earnings • quality of life damages (c) whether the insurer accepts liability for the claim and, if so, the date the insurer notified the claimant about accepting liability; (d) if the insurer rejects liability for the claim—the reason for rejecting liability; Example—reason for rejecting liability the claimant is not entitled to make a claim (e) the status of the motor accident claim; (f) if there was contributory negligence by the claimant—the reason and the percentage of contributory negligence; (g) the details of a settlement offer; (h) details of court proceedings in relation to the motor accident claim, including the following: (i) the date of each proceeding; (ii) the jurisdiction in which each proceeding was undertaken; (iii) the status of the proceeding; (iv) the amount of any award of damages; (v) whether costs were awarded in relation to the proceedings and, if so, the amount awarded. Examples—costs 1 legal fees and disbursements 2 investigation fees including medical examinations and expert reports Information to be included in monthly returns Schedule 1 Section 1.9 R2 26/11/25 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1.9 Other information The following information for each application for defined benefits received or managed in the month: (a) the details of any SOI assessment of the applicant, including— (i) the date of the assessment; and (ii) whether the assessment confirmed that the injured person’s injury has a significant occupational impact on the person’s ability to undertake employment; (b) the details of an application for a future treatment payment by the applicant, including— (i) any agreement on the future treatment payment under the Act, section 223 (Future treatment payment—assessment and calculation); and (ii) any determination on the future treatment payment under the Act, section 224 (No agreement on future treatment payment—application to ACAT). Dictionary page 14 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 R2 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • Australian citizen • Commonwealth • home address • in relation to • lawyer • must (see s 146). Note 3 Terms used in this regulation have the same meaning that they have in the Motor Accident Injuries Act 2019 (see Legislation Act, s 148). For example, the following terms are defined in the Motor Accident Injuries Act 2019, dict: • ACAT reviewable decision • claimant • defined benefits (see s 33) • dependant • driving offence (see s 41) • future treatment payment • insurer • licensed insurer • MAI commission • MAI insurance business • motor accident (see s 10) • motor accident claim (see s 228) • nominal defendant (see s 16) • paid work • permanent resident • private medical examiner Dictionary R2 26/11/25 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au • quality of life benefits application (see s 137) • recovery plan • relevant insurer • second WPI report (see s 158) • SOI assessment • valid trader’s plate • workers compensation scheme • WPI • WPI assessment. Note 4 The Road Transport (General) Act 1999 contains definitions relevant to this Regulation. For example, the following terms are defined in the Road Transport (General) Act 1999, dict: • driver • jurisdiction • motor vehicle • trader’s plate. monthly return—see section 5. Endnotes 1 About the endnotes page 16 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 R2 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Endnotes Legislation history 3 R2 26/11/25 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Motor Accident Injuries (Insurer Information Collection) Regulation 2020 SL2020-7 notified LR 27 February 2020 s 1, s 2 commenced 27 February 2020 (LA s 75 (1)) remainder commenced 1 March 2020 (s 2) as amended by Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.64 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 3 pt 3.64 commenced 26 November 2025 (s 2 (3)) 4 Amendment history Commencement s 2 om LA s 89 (4) Information relating to applications for defined benefits generally sch 1 s 1.2 am A2025-29 amdt 3.217 Endnotes 5 Earlier republications page 18 Motor Accident Injuries (Insurer Information Collection) Regulation 2020 Effective: 26/11/25 R2 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 1 Mar 2020 1 Mar 2020– 25 Nov 2025 not amended new regulation © Australian Capital Territory 2025