QLDIn ForceAct
Motor Accident Insurance Act 1994
sec.61BGiving insurance agency notice about particular matters
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### sec.61B Giving insurance agency notice about particular matters
This section applies if—
a claim is made against an insurer for personal injury; and
either of the following applies—
the claimant is a participant in the injury insurance scheme in relation to the injury;
an application has been made under the National Injury Act for approval for the claimant to participate in the scheme in relation to the injury.
The insurer must give the insurance agency written notice of the claim.
Also, the insurer must give the insurance agency written notice of any of the following events in relation to the claim—
the giving of a notice to the claimant under section 39 ;
the giving of a notice to the claimant under section 41 (1) (b) ;
the settlement of the claim by agreement between the claimant and the insurer;
a court judgment being given on an action for damages in relation to the claim;
the claimant withdrawing the claim or being prevented from proceeding with the claim.
However, the insurer is not required to give the insurance agency written notice of an event stated in subsection (3) if—
the event happens after the claimant stops being a participant; or
the event happens after the application for approval to participate in the injury insurance scheme is refused; or
when the event happens, the insurance agency is liable, under the National Injury Act , section 42 , to contribute to the claim.
s 61B ins 2016 No. 34 s 163
(sec.61B-ssec.1) This section applies if— a claim is made against an insurer for personal injury; and either of the following applies— the claimant is a participant in the injury insurance scheme in relation to the injury; an application has been made under the National Injury Act for approval for the claimant to participate in the scheme in relation to the injury.
(sec.61B-ssec.2) The insurer must give the insurance agency written notice of the claim.
(sec.61B-ssec.3) Also, the insurer must give the insurance agency written notice of any of the following events in relation to the claim— the giving of a notice to the claimant under section 39 ; the giving of a notice to the claimant under section 41 (1) (b) ; the settlement of the claim by agreement between the claimant and the insurer; a court judgment being given on an action for damages in relation to the claim; the claimant withdrawing the claim or being prevented from proceeding with the claim.
(sec.61B-ssec.4) However, the insurer is not required to give the insurance agency written notice of an event stated in subsection (3) if— the event happens after the claimant stops being a participant; or the event happens after the application for approval to participate in the injury insurance scheme is refused; or when the event happens, the insurance agency is liable, under the National Injury Act , section 42 , to contribute to the claim.
- (a) a claim is made against an insurer for personal injury; and
- (b) either of the following applies— (i) the claimant is a participant in the injury insurance scheme in relation to the injury; (ii) an application has been made under the National Injury Act for approval for the claimant to participate in the scheme in relation to the injury.
- (i) the claimant is a participant in the injury insurance scheme in relation to the injury;
- (ii) an application has been made under the National Injury Act for approval for the claimant to participate in the scheme in relation to the injury.
- (i) the claimant is a participant in the injury insurance scheme in relation to the injury;
- (ii) an application has been made under the National Injury Act for approval for the claimant to participate in the scheme in relation to the injury.
- (a) the giving of a notice to the claimant under section 39 ;
- (b) the giving of a notice to the claimant under section 41 (1) (b) ;
- (c) the settlement of the claim by agreement between the claimant and the insurer;
- (d) a court judgment being given on an action for damages in relation to the claim;
- (e) the claimant withdrawing the claim or being prevented from proceeding with the claim.
- (a) the event happens after the claimant stops being a participant; or
- (b) the event happens after the application for approval to participate in the injury insurance scheme is refused; or
- (c) when the event happens, the insurance agency is liable, under the National Injury Act , section 42 , to contribute to the claim.