12AClaims exempt from assessment

#### 12A Claims exempt from assessment 12A Claims exempt from assessment > > (1) For the purposes of section 92(1)(a) of the Act, the following kinds of claims are exempt from assessment under Part 4.4 of the Act— > > > > > (a) a claim in which the claimant is a person under legal incapacity, > > > > > (b) a claim involving an action under the [Compensation to Relatives Act 1897](/view/html/inforce/current/act-1897-031) brought on behalf of a person under legal incapacity, > > > > > (c) a claim against a person who is not a licensed insurer or a third-party insurer, > > > > > (d) a claim in relation to which the insurer, by written notice to the claimant, alleges that the claim is fraudulent because the claimant— > > > > > > > (i) made a statement about the circumstances of the motor accident that gave rise to the claim, and > > > > > > > (ii) in making the statement, contravened section 117 of the Act, > > > > > (e) a claim for which the insurer, by written notice to the claimant and to the owner or driver of the motor vehicle to which a third-party policy relates, declines to indemnify the owner or driver under the third-party policy, > > > > > (f) a claim for which the insurer, by written notice to the claimant, denies liability because the insurer denies the fault of the owner or driver of the motor vehicle in the use or operation of the vehicle. > > > (2) In this clause— > > > > person under legal incapacity includes the following persons— > > > > > (a) a child under the age of 18 years, > > > > > (b) an involuntary patient or forensic patient within the meaning of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008), > > > > > (c) a person under guardianship within the meaning of the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257), > > > > > (d) a protected person within the meaning of the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049), > > > > > (e) an incommunicate person, being a person with a physical or mental disability that prevents the person from receiving communications, or expressing their will, in relation to the person’s property or affairs. > > **cl 12A:** Ins 2020 (744), Sch 2\[6\].