NORTHERN TERRITORY OF AUSTRALIA
MOTOR ACCIDENTS (COMPENSATION) COMMISSION ACT 2014
As in force at 1 July 2021
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Application of Criminal Code .......................................................... 2
Part 2 Motor Accidents (Compensation)
Commission
5 Motor Accidents (Compensation) Commission ................................ 2
6 Motor Accidents (Compensation) Commissioner and
Associate Commissioners ............................................................... 2
7 Functions of the Commission .......................................................... 3
8 Powers of Commission .................................................................... 3
9 Delegation ....................................................................................... 3
10 Ministerial direction .......................................................................... 4
11 Business or trading names .............................................................. 4
12 Common seal .................................................................................. 4
13 Proceedings of Commission when constituted by more than
one member .................................................................................... 4
14 Staff and facilities ............................................................................ 4
15 Protection from liability .................................................................... 5
Part 3 Motor Accidents (Compensation) Fund
16 Motor Accidents (Compensation) Fund ........................................... 5
17 Amounts paid into and out of the Fund ............................................ 5
18 Reimbursement of cost of public health services............................. 6
19 Prudential supervision fee ............................................................... 7
20 Payment of surplus to Territory........................................................ 7
Part 4 Management matters
21 Financial records ............................................................................. 7
22 Annual report and audit ................................................................... 7
23 Financial Management Act 1995 does not apply ............................. 8
24 Provision of information to Minister.................................................. 8
25 Treasurer's Determinations ............................................................. 8
26 Assumptions when dealing with Commission .................................. 9
27 Guarantee........................................................................................ 9
Motor Accidents (Compensation) Commission Act 2014 ii
Part 5 Miscellaneous matters
28 Confidentiality of information ........................................................... 9
29 Regulations.................................................................................... 10
Part 6 Transitional matters for Motor Accidents
(Compensation) Commission Act 2014
Division 1 Winding up of insurance business
30 Residual assets and liabilities etc. ................................................. 10
Division 2 Winding up of banking business
31 Definitions ...................................................................................... 11
32 Commission to carry on banking business prior to sale ................. 11
33 Commission to wind up residual banking business ....................... 12
34 Assets and liabilities of MACC banking business .......................... 12
36 Annual report ................................................................................. 12
37 Treasurer's Determinations ........................................................... 12
38 Application of Corporations Act 2001 ............................................ 13
39 Reference to TIO include Commission .......................................... 13
Division 3 General matters
40 Definitions ...................................................................................... 14
41 Annual report ................................................................................. 14
42 Treasurer's determinations ............................................................ 14
43 Continuation of ongoing matters .................................................... 14
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 July 2021
MOTOR ACCIDENTS (COMPENSATION) COMMISSION ACT 2014
An Act to provide for the Motor Accidents (Compensation) Commission
and Motor Accidents (Compensation) Fund, and for related purposes
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Motor Accidents (Compensation)
Commission Act 2014.
2 Commencement
This Act commences on the commencement of section 46 of the
Territory Insurance Office (Sale) Act 2014.
3 Definitions
In this Act:
Associate Commissioner means an Associate Motor Accidents
(Compensation) Commissioner appointed under section 6(1)(b).
Commission means the Motor Accidents (Compensation)
Commission continued by section 5(1).
Commissioner means the Motor Accidents (Compensation)
Commissioner appointed under section 6(1)(a).
Determination means a determination made under section 25.
Fund means the Motor Accidents (Compensation) Fund continued
by section 16.
MAC business means the part of the Commission's business that
relates to administering the MAC scheme and managing the Fund.
MAC scheme means the scheme of compensation established by
the Motor Accidents (Compensation) Act 1979.
Part 2 Motor Accidents (Compensation) Commission
Motor Accidents (Compensation) Commission Act 2014 2
4 Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 4
Part IIAA of the Criminal Code states the general principles of criminal
responsibility, establishes general defences, and deals with burden of proof. It
also defines, or elaborates on, certain concepts commonly used in the creation of
offences.
Part 2 Motor Accidents (Compensation) Commission
5 Motor Accidents (Compensation) Commission
(1) The Territory Insurance Office (established by section 4 of the
Territory Insurance Office Act 1979) continues as the same
corporate entity under the name of the Motor Accidents
(Compensation) Commission.
(2) The Commission:
(a) is a body corporate with perpetual succession; and
(b) may own and deal with property; and
(c) may sue and be sued.
(3) The Commission is constituted:
(a) by the Commissioner and any Associate Commissioners; or
(b) if there is no Commissioner or Associate Commissioner (and
no persons have been appointed to act in those positions) –
by the Chief Executive Officer.
6 Motor Accidents (Compensation) Commissioner and Associate
Commissioners
(1) The Minister may, by Gazette notice, appoint:
(a) a person to be the Motor Accidents (Compensation)
Commissioner; and
(b) a person to be an Associate Motor Accidents (Compensation)
Commissioner.
(2) The Commissioner and any Associate Commissioners hold office
on the conditions (including remuneration, expenses and
allowances) determined by the Minister.
Part 2 Motor Accidents (Compensation) Commission
Motor Accidents (Compensation) Commission Act 2014 3
7 Functions of the Commission
The Commission has the following functions:
(a) to administer the MAC scheme in accordance with the Motor
Accidents (Compensation) Act 1979;
(b) to manage the Fund;
(c) to promote road safety;
(d) to perform any other function conferred on it under an Act.
8 Powers of Commission
For the performance of its functions, the Commission has all the
powers of an individual.
9 Delegation
(1) The Commission may delegate any of its powers and functions
under this or any other Act to:
(a) the Commissioner or an Associate Commissioner; or
(b) a Chief Executive Officer (as defined in section 3(1) of the
Public Sector Employment and Management Act 1993) or a
public sector employee; or
(c) a statutory corporation; or
(d) with the approval of the Minister, any other person (a
non-government delegate).
(2) A delegation under subsection (1)(d) must be made by written
contract between the Commission and the delegate (a delegation
contract).
(3) The Commission must not enter into a delegation contract unless
the terms of the contract have been approved by the Minister.
(4) A non-government delegate may do one or more of the following if
doing so is permitted by the delegation contract:
(a) sub-delegate a power or function delegated to the
non-government delegate by the delegation contract, other
than this power of sub-delegation;
(b) enter into contracts or other arrangements as the
Commission's agent.
Part 2 Motor Accidents (Compensation) Commission
Motor Accidents (Compensation) Commission Act 2014 4
(5) A contract made under section 9 of the Territory Insurance Office
(Sale) Act 2014 is taken to be a contract under subsection (2)
making a delegation under subsection (1)(d).
10 Ministerial direction
(1) In exercising its powers and performing its functions, the
Commission is subject to the direction of the Minister.
(2) The Commission must include in its annual report for a financial
year details of each direction given during the year.
11 Business or trading names
The Commission may use and operate under one or more business
or trading names approved by the Minister.
12 Common seal
(1) The Commission must have a common seal.
(2) The seal must not be used except with the authority of the
Commission.
(3) A document purporting to bear the common seal of the Commission
is taken to have been duly executed by the Commission, in the
absence of evidence to the contrary.
13 Proceedings of Commission when constituted by more than
one member
(1) This section applies if the Commission is constituted by 2 or more
persons.
(2) The Commissioner is the chairperson of the Commission.
(3) The Commission may conduct its proceedings (including meetings)
in the way it considers appropriate.
14 Staff and facilities
(1) The Chief Executive Officer must provide the Commission with staff
and facilities to enable it to:
(a) properly carry on the MAC business; and
(b) properly perform its other functions.
(2) The Chief Executive Officer may charge the Commission the
reasonable cost of providing staff and facilities for the purpose
mentioned in subsection (1)(a).
Part 3 Motor Accidents (Compensation) Fund
Motor Accidents (Compensation) Commission Act 2014 5
(3) Amounts charged under subsection (2) are to be paid out of the
Fund.
15 Protection from liability
(1) A person is not civilly or criminally liable for an act done or omitted
to be done by the person in good faith in the exercise of a power or
performance of a function as the Commissioner or an Associate
Commissioner.
(2) In addition, the person is not civilly or criminally liable for an act
done or omitted to be done by the Commission in the exercise of a
power or performance of a function under this Act.
(3) Subsections (1) and (2) do not affect any liability the Territory or the
Commission would, apart from those subsections, have for the act
or omission.
(4) In this section:
exercise, of a power, includes the purported exercise of the power.
performance, of a function, includes the purported performance of
the function.
Part 3 Motor Accidents (Compensation) Fund
16 Motor Accidents (Compensation) Fund
(1) The Motor Accidents (Compensation) Fund (established by
section 22B of the Territory Insurance Office Act 1979) is continued.
(2) The assets of the Fund:
(a) are the property of the Territory; and
(b) are held by the Commission on behalf of the Territory.
(3) To avoid doubt:
(a) a trust is not created in relation to the Fund; and
(b) the Commission is not a trustee in relation to the Fund.
17 Amounts paid into and out of the Fund
(1) The Commission must pay into the Fund:
(a) amounts paid to the Commission under section 46 of the
Motor Vehicles Act 1949; and
Part 3 Motor Accidents (Compensation) Fund
Motor Accidents (Compensation) Commission Act 2014 6
(b) earnings from the investment of the Fund; and
(c) other amounts received by the Commission for the MAC
scheme.
(2) The Commission may pay amounts out of the Fund only for the
following purposes:
(a) payment of benefits under the Motor Accident (Compensation)
Act 1979;
(b) administration of the MAC Scheme;
(c) management of the Fund;
(d) payment of amounts payable by the Commission under a
MAC management agreement;
(e) discharge of any other liabilities in relation to the MAC
business;
(f) payment of amounts required to be paid out of the Fund under
section 14(3), 18, 19 or 20;
(g) promotion of road safety.
(3) In this section:
MAC management agreement means a contract as mentioned in
section 9(2) under which the Commission has delegated powers
and functions in relation to the MAC business.
18 Reimbursement of cost of public health services
(1) After the end of each financial year the Minister must determine the
amount (if any) that the Minister considers should be paid to
reimburse the Territory for the cost of providing public health
services to MAC claimants during that financial year.
(2) The Commission must pay the fee out of the Fund to the Central
Holding Authority within 2 months after the Minister notifies the
Commission of the amount.
(3) In this section:
MAC claimant means a person who is entitled to compensation
under section 18 of the Motor Accidents (Compensation) Act 1979.
NT Regional Health Services, see section 10 of the Health
Service Act 2021.
Part 4 Management matters
Motor Accidents (Compensation) Commission Act 2014 7
public health services means medical and rehabilitation services
provided by NT Regional Health Services that would have been
compensable under section 18 of the Motor Accidents
(Compensation) Act 1979 had the services been provided by a
person who is not part of NT Regional Health Services.
19 Prudential supervision fee
(1) After the end of each financial year the Treasurer may charge the
Commission a prudential supervision fee for the financial year of an
amount determined in accordance with the Determinations.
(2) The Commission must pay the fee out of the Fund to the Central
Holding Authority within 2 months after the Treasurer notifies the
Commission of the amount.
20 Payment of surplus to Territory
(1) If the Minister is satisfied that the amount in the Fund is in excess of
that required as adequate provision for conducting the MAC
business, the Minister may direct the Commission to pay all or part
of the excess to the Territory.
(2) The Commission must pay the amount out of the Fund to the
Central Holding Authority by the date stated in the direction.
(3) The Minister must table a copy of a direction given under
subsection (1) in the Legislative Assembly within 6 sitting days after
giving the direction.
Part 4 Management matters
21 Financial records
(1) The Commission must keep written financial records that:
(a) correctly record and explain its transactions and financial
position and performance; and
(b) enable true and fair financial statements to be prepared and
audited.
(2) The Commission must keep the records for 7 years after the
transactions covered by them are completed.
22 Annual report and audit
(1) For each financial year the Commission must prepare an annual
report of the Commission's operations during the year.
Part 4 Management matters
Motor Accidents (Compensation) Commission Act 2014 8
(2) The Commission must give the report to the Minister within
4 months after the end of the year or any longer period allowed by
the Minister.
(3) The annual report must:
(a) conform to the requirements of similar reports under the
Corporations Act 2001; and
(b) include separate reports for the MAC business and the
Commission as a whole; and
(c) include all information that is required by the Minister to
enable an informed assessment of the Commission's
operations.
(4) Section 10(1) to (3) of the Financial Management Act 1995 applies
in relation to the Commission as if it were a Government Business
Division and the Commissioner were the Accountable Officer.
(5) The Minister must table the annual report, the financial statement
prepared in accordance with section 10 of the Financial
Management Act 1995 and Auditor-General's report in the
Legislative Assembly within 6 sitting days after the Minister receives
the last of them.
23 Financial Management Act 1995 does not apply
The Financial Management Act 1995 does not apply in relation to
the Commission or the Fund (except as mentioned in
section 22(4)).
24 Provision of information to Minister
(1) The Commission must give to the Minister information within its
possession or control when requested by the Minister to do so.
(2) If the Commission considers that any of the information should be
treated as confidential, it must advise the Minister of that opinion
and the reasons for it.
25 Treasurer's Determinations
(1) The Treasurer may make determinations not inconsistent with this
Act about any of the following:
(a) prudential standards that:
(i) must be applied by the Commission in relation to the
MAC business; or
Part 5 Miscellaneous matters
Motor Accidents (Compensation) Commission Act 2014 9
(ii) relate to the performance of the Commission's functions
in relation to the MAC business;
(b) monitoring and enforcement of those prudential standards
(including the appointment of persons for those purposes);
(c) standards about the governance of the Commission;
(d) the prudential supervision fee under section 19.
(2) In making a Determination, the Treasurer must consult with, and
have regard to any comments made by, the Commission.
(3) The Treasurer must, by notice in the Gazette, notify the making of a
Determination.
(4) A Determination must not commence before its notification under
subsection (3).
(5) A Determination may apply, adopt or incorporate any or all of the
provisions of an instrument as in force or existing from time to time.
26 Assumptions when dealing with Commission
Sections 52 (other than section 52(1)(d)) and 53 of the Government
Owned Corporations Act 2001 apply to the Commission as if it were
a Government owned corporation.
27 Guarantee
(1) All liabilities of the Commission in relation to the MAC business are
guaranteed by the Territory.
(2) Any amount payable under the guarantee is payable from the
Central Holding Authority, which is appropriated accordingly.
Part 5 Miscellaneous matters
28 Confidentiality of information
(1) A person commits an offence if:
(a) the person obtains information in the course of performing
functions connected with the administration of this Act; and
(b) the person engages in conduct that results in the disclosure of
the information.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
Part 6 Transitional matters for Motor Accidents (Compensation) Commission Act
2014
Division 1 Winding up of insurance business
Motor Accidents (Compensation) Commission Act 2014 10
(2) Strict liability applies to subsection (1)(a).
(3) Subsection (1) does not apply if:
(a) the person discloses the information:
(i) for the administration of this Act; or
(ii) with the consent of the person to whom the information
relates; or
(iii) for legal proceedings arising out of the operation of this
Act; or
(iv) for the proper performance of the Minister's ministerial
functions and duties; or
(b) the information is otherwise available to the public.
Note for subsection (3)
In addition to the circumstances mentioned in subsection (3), a person who
discloses confidential information will not be criminally responsible for an offence
if the disclosure is justified or excused by or under a law (see section 43BE of the
Criminal Code).
29 Regulations
The Administrator may make regulations under this Act.
Part 6 Transitional matters for Motor Accidents
(Compensation) Commission Act 2014
Division 1 Winding up of insurance business
30 Residual assets and liabilities etc.
(1) The Commission has the function of winding up the residual
insurance business.
(2) Except to the extent that the Corporations Act 2001 expressly binds
the Crown, the Commission, in performing a function or exercising
a power under this section, is declared to be an excluded matter for
the purposes of section 5F of the Corporations Act 2001 in relation
to the whole of the Corporations legislation to which Part 1.1A of
that Act applies.
Part 6 Transitional matters for Motor Accidents (Compensation) Commission Act
2014
Division 2 Winding up of banking business
Motor Accidents (Compensation) Commission Act 2014 11
(3) In this section:
residual insurance business means so much (if any) of TIO's
insurance business as was not included in the sale of the insurance
business (as defined in section 3 of the Territory Insurance Office
(Sale) Act 2014).
TIO's insurance business means the insurance business (as
defined in section 3 of the Territory Insurance Office (Sale)
Act 2014) as carried on by TIO immediately before the insurance
sale date (as defined in that section).
Division 2 Winding up of banking business
31 Definitions
In this Division:
banking sale date, see section 3 of the Territory Insurance Office
(Sale) Act 2014.
full banking business means:
(a) if the banking sale date was before the commencement of this
Act – the TIO insurance business; or
(b) otherwise – the business carried on by the Commission under
section 32).
MACC banking business means the business carried on by the
Commission under section 32 or 33.
residual banking business means so much of the full banking
business as was not included in the sale of the banking business
(as defined in section 3 of the Territory Insurance Office (Sale)
Act 2014).
residual deposit means a deposit held by the Commission as part
of the residual banking business.
TIO's banking business means the banking business (as defined
in section 3 of the Territory Insurance Office (Sale) Act 2014) as
carried on by TIO immediately before the banking sale date.
32 Commission to carry on banking business prior to sale
(1) This section applies if this Act commences before the banking sale
date.
Part 6 Transitional matters for Motor Accidents (Compensation) Commission Act
2014
Division 2 Winding up of banking business
Motor Accidents (Compensation) Commission Act 2014 12
(2) Until the banking sale date the Commission has the function of
carrying on what was TIO's banking business.
33 Commission to wind up residual banking business
(1) If this Act commences before the banking sale date, this section
does not apply until the banking sale date.
(2) The Commission has the following functions:
(a) carrying on the residual banking business until all residual
deposits have been repaid;
(b) winding up the residual banking business.
34 Assets and liabilities of MACC banking business
(1) The moneys of, and all debts and other moneys owing to, the
Commission in relation to the MACC banking business:
(a) are the property of the Territory; and
(b) are held, and may be recovered, by the Commission on behalf
of the Territory.
(2) The Commission must not use those moneys for any purpose other
than the carrying on of the MACC banking business.
(3) Within 3 months after the last residual deposit is repaid to the
depositor the Commission must pay the moneys standing to the
credit of the account to the Central Holding Authority.
36 Annual report
In addition to the reports required under section 22(3)(b), the
Commission's annual report must include a separate report for the
MACC banking business.
37 Treasurer's Determinations
(1) Under section 25, the Treasurer may also make determinations
about prudential standards that:
(a) must be applied by the Commission in relation to the MACC
banking business; or
(b) relate to the performance of the Commission's functions in
relation to the MACC banking business.
Part 6 Transitional matters for Motor Accidents (Compensation) Commission Act
2014
Division 2 Winding up of banking business
Motor Accidents (Compensation) Commission Act 2014 13
(2) For each financial year during which the Commission carries on the
MACC banking business the Treasurer may charge the
Commission a prudential supervision fee in respect of that business
of an amount determined in accordance with the Determinations.
38 Application of Corporations Act 2001
Except to the extent that the Corporations Act 2001 expressly binds
the Crown, the Commission, in carrying on the MACC banking
business, is declared to be an excluded matter for the purposes of
section 5F of the Corporations Act 2001 in relation to the whole of
the Corporations legislation to which Part 1.1A of that Act applies.
39 Reference to TIO include Commission
A reference in any of the following to the Territory Insurance Office
is taken to be a reference to the Commission:
(a) sections 50(1), (3), (4) and (5), 51(a), 54(1), (2), (3) and (4)
and 73(1)(a) and (2)(a) and (b) of the Agents Licensing
Act 1979;
(b) section 110(6)(d)(ii) and (8)(d)(ii) of the Associations Act 2003;
(c) section 37(1) of the Batchelor Institute of Indigenous Tertiary
Education Act 1999;
(d) section 32(1) of the Charles Darwin University Act 2003;
(e) sections 4(1)(h), 23(2), 27(1) and 28(1) and (2) of the
Commercial and Private Agents Licensing Act 1979;
(f) section 5 of the Criminal Property Forfeiture Act 2002,
definition financial institution, paragraph (d);
(g) regulation 11(1)(a) and (b) of the Education (College and
School Councils) Regulations 1983;
(h) section 3 of the Gaming Machine Act 1995, definition
financial institution, paragraph (f);
(i) section 68(2) of the Law of Property Act 2000, definition bank;
(j) section 3 of the Local Government Act 2008, definition
authorised deposit account;
(k) section 25(1) of the Menzies School of Health Research
Act 1985;
Part 6 Transitional matters for Motor Accidents (Compensation) Commission Act
2014
Division 3 General matters
Motor Accidents (Compensation) Commission Act 2014 14
(l) sections 14(1) and (2), 16(2) and 27(1) and (4) of the Public
Trustee Act 1979;
(m) section 23(b) of the Salvation Army (Northern Territory)
Property Trust Act 1976;
(n) section 39(1) of the Superannuation Act 1986;
(o) section 35(1) of the Unit Titles Act 1975.
Division 3 General matters
40 Definitions
In this Division:
TIO means the Territory Insurance Office mentioned in section 5(1).
TIO Act means the Territory Insurance Office Act 1979 repealed by
section 46 of the Territory Insurance Office (Sale) Act 2014.
41 Annual report
In the first annual report and financial statements prepared under
section 22, the Commission must include a report on the operation
of, and financial statements for, TIO for the period after the end of
the period covered by TIO's last annual report under the TIO Act.
42 Treasurer's determinations
A Determination that was in force under section 33A of the TIO Act
immediately before the commencement of this Act continues as a
Determination under section 25.
43 Continuation of ongoing matters
(1) Anything done or omitted to be done by, to, or in relation to, TIO
before the commencement of this Act that is of ongoing effect is to
be taken, after that commencement, to have been done or omitted
to be done by, to, or in relation to, the Commission.
(2) If the thing was done for the purpose of a particular provision of the
TIO Act, it is to be taken to have been done for the purposes of the
equivalent provision in this Act.
ENDNOTES
Motor Accidents (Compensation) Commission Act 2014 15
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Motor Accidents (Compensation) Commission Act 2014 (Act No. 42, 2014)
Assent date 28 November 2014
Commenced 00:01hrs 1 January 2015 (s 2, s 2(4) Territory Insurance
Office (Sale) Act 2014 (Act No. 41, 2014) and Gaz S131,
19 December 2014, p 8)
Statute Law Revision Act 2017 (Act No. 4, 2017)
Assent date 10 March 2017
Commenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)
Health Service Act 2021 (Act No. 10, 2021)
Assent date 20 May 2021
Commenced 1 July 2021 (s 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: ss 1, 2, 3, 5, 7, 9, 16, 17, 18,
22, 23, 26, 30, 31, 39 and 40.
4 LIST OF AMENDMENTS
s 4 hdg amd No. 4, 2017, s 34
s 18 amd No. 10, 2021, s 48
pt 2 hdg amd No. 4, 2017, s 34
s 35 exp No. 42, 2014, s 35(3)