Motor Vehicle (Third Party Insurance) Regulations 2009

The regulations introduce and fix a small set of concepts that shape how third party motor insurance under the Act operates in practice. Those concepts are:

• Data reporting for insured vehicles: regulation 4 prescribes the exact information the Director General must supply to the Commission for each vehicle covered by a policy issued by the Director General, for the purposes of section 3R(4)(a) of the Act. The list is specific and includes make and model, vehicle class, licence grant/renewal/transfer date under the Road Traffic (Vehicles) Act 2012 section 5(3), licence expiry date, number plate details, and the name and address of the owner. This defines the minimal data set that enables the Commission to identify vehicles and owners.

• Prescribed notice form and delegated approval: Schedule 1 is the prescribed "notice of intention to make claim" form for section 29 purposes (regulation 5(1)). The managing director is given delegated authority to approve a range of other forms that relate to multiple statutory notices in the Act, as listed in the table at regulation 5(2). This creates a two‑tier model: a single mandatory core form, plus discretionary alternatives that the managing director may approve.

• Payment method for transporting injured persons: regulation 6 sets two alternative payment routes for section 12(1)(b)(iii) payments. Where there is a written agreement with an ambulance service, payment is in accordance with that agreement. Otherwise, payment is to be calculated by a formula involving P, D and R, where D is distance in kilometres by the most practical route and R is the per‑kilometre rate taken from the Workers Compensation and Injury Management Regulations 2024 regulation 35(1) and (2). The regulation therefore links transport payments to another statutory fee schedule unless a bespoke agreement exists.

• Recalculation fallback for monetary thresholds and caps: regulation 7 supplies an alternative indexation method for recalculating statutory amounts referred to in the Act (Amounts A, B, C and D in sections 3C and 3D) if the Australian Statistician does not publish the particular supporting information. The fallback is to increase the prior year’s amounts by the percentage variation in the Australian Statistician’s index for ordinary time hourly rates of pay excluding bonuses (original) for Western Australia between 1 January and 31 December of the previous calendar year.

• Coverage for unlicensed vehicles via permits and plates: regulations 8 and 9 permit a permit issued under the Road Traffic (Vehicles) Act 2012 section 13(1) to incorporate a policy of insurance, and permit a policy to be issued with number plates for an unlicensed vehicle issued under section 13(2). Regulation 10 then imposes a general requirement that the Director General must obtain the managing director’s approval to issue a policy for an unlicensed vehicle except as allowed by regulations 8 and 9.

• Evidentiary rule about licences: regulation 11 states that a licence granted under Part 2 of the Road Traffic (Vehicles) Act 2012 is evidence that a policy under the Act has been issued with respect to the vehicle. This converts a licensing act into prima facie proof of insurance cover.

Collectively, these concepts govern information flows, create delegated approvals, standardise some claimant interactions, and link monetary calculations to external indices and other regulations. They also allocate authority between the Director General and the managing director, and provide the Commission with a statutory footing for agreements with ambulance services.

The regulations allocate duties and create operational effects for a specific, identifiable set of actors. Primary affected parties are:

• Insurance Commission of Western Australia (the Commission): regulation 4 requires the Director General to provide the Commission specified vehicle and owner data for each vehicle for which the Director General has issued a policy, for the purposes of the Act’s data‑use provision (s 3R(4)(a) of the Act). The Commission is also the contracting counterparty for ambulance agreements under regulation 6(a), and therefore affected by how transport payments are calculated where no agreement exists.

• Director General: the person who issues policies under the Act is named in several provisions. Regulation 4 imposes an information supply obligation tied to policies the Director General has issued. Regulation 10 restricts the Director General’s ability to issue policies for unlicensed vehicles without the managing director’s approval, except where regulations 8 and 9 apply. The Director General must therefore follow the approval process for many unlicensed vehicles and may need to coordinate with the managing director and the Commission.

• Managing director (Insurance Commission of Western Australia Act 1986 definition): the managing director may approve alternative notice forms (regulation 5(2)) and must approve policy issuance for most unlicensed vehicles (regulation 10). The managing director thus holds significant administrative discretion affecting policy coverage for unlicensed vehicles and the forms used for claims administration.

• Owners and drivers of motor vehicles: their details are specified in regulation 4 as required data elements to be passed to the Commission. Regulation 11 treats a vehicle licence as evidence that a policy has been issued; owners relying on licence evidence will be affected when proving coverage. Unlicensed vehicle owners and users are directly affected by the restrictions and exceptions under regulations 8, 9 and 10.

• Ambulance services and private persons who convey injured persons: regulation 6 addresses payment entitlements for persons who convey injured persons. Ambulance services that have a written agreement with the Commission receive payments in accordance with that agreement. Private businesses or individuals who convey injured persons, including private ambulance operators without an agreement, will have entitlements calculated under the formula in regulation 6(b). The payment relies on the per‑kilometre rate in the Workers Compensation and Injury Management Regulations 2024 regulation 35(1) and (2), so operators must track that external rate.

• Claimants, witnesses and medical providers: Schedule 1 specifies the notice of intention to claim form which claimants (or their representatives) must use for purposes of section 29 of the Act. The Schedule lists data to be supplied, including witness details, doctor/hospital attended, prior claims, and injury particulars. Those parties must supply that information when a claimant completes the prescribed form.

• Licensing authorities under the Road Traffic (Vehicles) Act 2012: regulations 8, 9 and 11 interact directly with the licensing regime. An authority issuing permits or number plates under section 13 of the Road Traffic (Vehicles) Act 2012 may need to incorporate or concurrently issue policies, and licences under Part 2 are evidence of policy issuance.

• Data custodians and privacy officers in public bodies: regulation 4 requires transmission of owner names and addresses and number plate details to the Commission. Agencies handling that data will need to consider any data protection obligations, though the regulations themselves do not contain privacy safeguards.

Secondary consequences attach to insurers, brokers and service providers who process notices, calculate transport payments, or manage policy issuance for unlicensed vehicles. The managing director’s approval role and the Commission’s discretion to contract with ambulance services concentrate decisionmaking at the Commission’s senior management, affecting market participants who deal with the Commission or seek policy coverage for atypical vehicles.

The regulations allocate concrete administrative duties, create evidentiary presumptions, and establish payment rules. The most salient duties and rights are:

• Duty to supply specified information to the Commission, regulation 4: For the purposes of section 3R(4)(a) of the Act, the Director General must provide certain information for each vehicle for which a policy has been issued. The prescribed fields are make and model, vehicle class, date a vehicle licence was granted/renewed/transferred under Road Traffic (Vehicles) Act 2012 s 5(3), licence expiry date, number plate details, and owner name and address. The duty is precise in content; the regulation does not set timing or format beyond the statutory reference.

• Duty to use the prescribed notice form and right to approved alternatives, regulation 5: Schedule 1 is the prescribed form for section 29 notices (regulation 5(1)). The managing director may approve other forms for a list of notice types associated with various sections of the Act (regulation 5(2) and the accompanying Table). Claimants therefore have the right to rely on those approved forms once the managing director grants approval, but absent approval they must use the prescribed Schedule 1 form for section 29 purposes.

• Payment obligations for transporting injured persons, regulation 6: The Commission is obliged to pay amounts for transporting injured persons in two possible ways. If an ambulance service has a written agreement with the Commission, payment follows the agreement (regulation 6(a)). If no agreement applies, payment is calculated under the formula in regulation 6(b), where P is the payment amount, D is the distance in kilometres by the most practical route, and R is the per‑kilometre rate from the Workers Compensation and Injury Management Regulations 2024 regulation 35(1) and (2). The regulation therefore creates a default entitlement and defines the measurement variables. The right to payment exists for "a person who conveys an injured person", subject to these rules.

• Duty to recalculate monetary thresholds if ABS data absent, regulation 7: If the Australian Statistician does not publish the relevant information referenced in sections 3C(8)(a) and 3D(8)(a) of the Act, regulation 7 prescribes the alternative indexation procedure for recalculating Amounts A, B, C and D for a financial year. The duty is mechanical: increase the prior year’s amounts by the percentage change in the Australian Statistician’s index for ordinary time hourly rates of pay excluding bonuses (original) for Western Australia over the previous calendar year.

• Rights and limits on issuing policies for unlicensed vehicles, regulations 8, 9 and 10: Regulation 8 permits a permit under Road Traffic (Vehicles) Act 2012 section 13(1) for an unlicensed vehicle to incorporate an Act policy for the permit period. Regulation 9 permits the issuance of a policy alongside number plates for use on an unlicensed vehicle under section 13(2). Regulation 10 then imposes a constraint: except as provided in regulations 8 and 9, the Director General must not issue a policy for a vehicle not licensed under Part 2 of the Road Traffic (Vehicles) Act 2012 without the managing director’s approval. Practically, this means the Director General has a duty to obtain approval for many unlicensed vehicle policies, while applicants may be eligible for cover where the permit/plate exceptions apply.

• Evidentiary right conferred by licence, regulation 11: A licence granted under Part 2 of the Road Traffic (Vehicles) Act 2012 is evidence that a policy under the Act has been issued for the vehicle. The regulation therefore creates an evidentiary presumption in civil or administrative processes that simplifies proof of cover. It does not in these regulations convert the licence into a conclusive right; the word used is "evidence".

• Delegated approval power for the managing director, regulation 5(2): The managing director may approve the form of a range of notices specified in the Table at regulation 5(2). This gives the managing director a delegated regulatory design function affecting the content and format of statutory notices.

These duties and rights are operational and administrative. The regulations do not themselves create new civil causes of action or criminal penalties; their provisions mostly specify how statutory powers and obligations in the Act are to be exercised and evidenced.

The regulations are primarily prescriptive and administrative; they do not themselves create explicit new criminal penalties or civil sanctions within their text. Enforcement and penalty architecture must therefore be inferred from the parent Act’s provisions and other legislation, rather than from the regulations. The regulations do, however, create enforceable administrative controls and evidentiary consequences which have practical enforcement effects:

• Administrative compliance enforced through delegated authority and approval requirements: Regulation 10 requires the Director General to obtain the managing director’s approval before issuing policies for motor vehicles that are not licensed under Part 2 of the Road Traffic (Vehicles) Act 2012, except where regulations 8 or 9 provide otherwise. This establishes an enforcement point by vesting approval power in the managing director. The managing director’s decisions will control whether policies can lawfully be issued for unlicensed vehicles by the Director General.

• Evidentiary effect used in enforcement and dispute resolution: Regulation 11 makes a vehicle licence under Part 2 of the Road Traffic (Vehicles) Act 2012 evidence that a policy under the Act has been issued. That evidentiary rule affects enforcement of statutory obligations and civil litigation, because it relieves the party relying on cover from having to produce the underlying insurance policy as initial proof at some stages. The regulation therefore reduces friction in dispute processes, but the regulation itself does not specify what happens if the licence is challenged or contains errors.

• Payment obligations create practical enforcement expectations: Regulation 6 establishes that the Commission must pay amounts for transporting injured persons either according to a written agreement or under a formula linked to the Workers Compensation and Injury Management Regulations 2024. While the regulation does not specify recovery or penalty mechanisms for non‑payment, it creates a definite entitlement that an injured person's conveyer may enforce against the Commission or seek resolution under the Act.

• Ministerial or managerial discretion as an enforcement lever: Regulation 5(2) gives the managing director the power to approve forms for an enumerated set of notices under the Act. That power enables the managing director to require particular evidential formats for claim notifications; failure to comply with the prescribed or approved form may have procedural consequences under the Act when bringing claims, even if the regulation itself does not impose a statutory fine.

• No penalties in the regulations: There is no express schedule of fines, offences or pecuniary penalties in the regulations text provided. The absence of express penalties in these regulations means that any sanction for failing to comply with the obligations the regulations impose (for example, incorrect data provision to the Commission, or issuing policies without required approval) would have to be found in the Motor Vehicle (Third Party Insurance) Act 1943 or other statutory instruments, not in these regulations themselves.

• Interactional enforcement risks: Because regulation 4 requires the supply of owner addresses and number plate information to the Commission, there is an implicit compliance requirement for the Director General and the licensing authority. A failure in that data supply chain could have enforcement consequences under the Act or general public service accountability frameworks, though those are not enumerated here.

In short, the regulations set administrative duties and evidentiary rules that shape enforcement pathways, but they do not themselves create a catalogue of penalties. Parties seeking remedies for non‑compliance must look to the Act and other statutes for sanctions or to administrative review of managerial approvals and agreements.

These regulations are deliberately connective: they create explicit cross‑statutory links to the Road Traffic (Vehicles) Act 2012, the Insurance Commission of Western Australia Act 1986, the Workers Compensation and Injury Management Regulations 2024, and the Motor Vehicle (Third Party Insurance) Act 1943. The interactions are both functional and legal:

• Motor Vehicle (Third Party Insurance) Act 1943: The regulations operate under and for the purposes of that Act. Several regulations explicitly reference sections of the Act, for example regulation 4 is for purposes of section 3R(4)(a) of the Act, regulation 5 is for purposes of section 29 of the Act, and regulation 6 addresses obligations under section 12(1)(b)(iii) of the Act. The regulations therefore implement statutory duties created by the Act, providing the procedural and administrative detail the Act itself refers to but does not specify.

• Road Traffic (Vehicles) Act 2012: The regulations depend on licensing, permits and number plate regimes in that Act. Regulation 4 prescribes the date on which a vehicle licence is granted, renewed or transferred under that Act section 5(3) as a data field. Regulation 8 permits a permit granted under Road Traffic (Vehicles) Act 2012 section 13(1) to incorporate a policy of insurance under the Act. Regulation 9 allows a policy to be issued at the time number plates for an unlicensed vehicle are issued under section 13(2) of that Act. Regulation 11 makes a licence under Part 2 of the Road Traffic (Vehicles) Act 2012 evidence that a policy under the Act has been issued. These cross‑references bind the insurance administrative regime to the vehicle licensing and permit regimes, creating a chain of reliance: licensing actions become evidence of insurance; permits and plate issuance can incorporate cover; and licence transaction dates are a required data field.

• Insurance Commission of Western Australia Act 1986: Regulation 3 defines "managing director" by reference to that Act, and the managing director under that Act is given powers within these regulations, including approval of forms (regulation 5(2)) and approval for policy issuance for unlicensed vehicles (regulation 10). The Commission’s internal governance framework therefore controls key regulatory approvals under these regulations.

• Workers Compensation and Injury Management Regulations 2024: Regulation 6(b) sets the default per‑kilometre rate R to be "calculated in accordance with the Workers Compensation and Injury Management Regulations 2024 regulation 35(1) and (2)". This cross‑link means that transport payments for injured persons are indexed or set by a worker compensation instrument; any change to regulation 35 in that instrument will alter the per‑kilometre rate used by the Commission under regulation 6(b). The compilation table confirms a 2024 amendment tie (SL 2024/133) which amended regulation 6.

• Australian Statistician publications (ABS): Regulation 7 refers to the Australian Statistician’s publications. It prescribes an alternative recalculation method for monetary thresholds A, B, C and D in sections 3C and 3D of the Act if the ABS does not publish the "relevant information" referenced in those sections. The fallback is to use the Western Australia ordinary time hourly rates of pay excluding bonuses index. This creates operational dependence on ABS outputs, and prescribes a mechanical substitute if ABS material is missing.

• Repeal of earlier regulations: Regulation 12 expressly repeals the Motor Vehicle (Third Party Insurance) Regulations 1962, bringing the newer regulations into force and terminating the older regulatory framework.

Practically, these interactions mean that any change in the Road Traffic (Vehicles) Act 2012 licensing processes, the Insurance Commission’s governance, the Workers Compensation regulations, or ABS publishing practices will have immediate operational consequences for the third party insurance regime as implemented by these regulations. The cross‑statutory dependencies heighten the need for inter‑agency coordination and for monitoring of external instruments that the regulations invoke.

The compilation table appended to the instrument records the legislative steps in this regulations compilation and provides dates, but the regulations themselves include two specific amendment entries within the text. The main items are:

• Original regulations: The Motor Vehicle (Third Party Insurance) Regulations 2009 were published on 26 June 2009 and, except for the citation and commencement provisions, came into operation on 27 June 2009 (see compilation table entries for the 2009 instrument and regulation 2).

• 2014 / 2015 amendments: The regulations were amended by an instrument titled Motor Vehicle (Third Party Insurance) Amendment Regulations 2014, published 8 January 2015. The compilation table records commencement timings: the r.1 and r.2 provisions commenced 8 January 2015, while the remaining provisions commenced 27 April 2015, as noted in the Gazette entry for 17 April 2015. The body of the regulations has marginal notes indicating amendments: regulation 4 was amended (referenced in the margin: "Regulation 4 amended: Gazette 8 Jan 2015 p. 111‑12") and regulations 8, 9, 10, and 11 show a similar amendment margin note. Those marginal notes indicate the 2015 instrument altered the data reporting specification, the permit/plate policy rules, the restriction on issuing policies for unlicensed vehicles, and the evidentiary status of licences.

• 2024 amendment (Workers Compensation link): The compilation table records a separate instrument, Treasurer Regulations Amendment (Workers Compensation) Regulations 2024 Pt. 3 (SL 2024/133), published 26 June 2024 and commencing 1 July 2024. Within the regulations the text shows that regulation 6 was amended with the marginal notation "Regulation 6 amended: SL 2024/133 r. 17." That amendment links the per‑kilometre R to the Workers Compensation and Injury Management Regulations 2024 regulation 35(1) and (2). The presence of the 2024 marginal note confirms the regulation was updated to rely on the workers compensation rate provisions.

• Repeal of prior regulations: Regulation 12 repeals the Motor Vehicle (Third Party Insurance) Regulations 1962. The repeal is part of the transitional and consolidating function of the 2009 regulations.

The compiled instrument therefore reflects at least two amendment cycles: a substantive amendment around 2014/2015 affecting data fields, permit and plate policies, approval workflows and evidentiary rules; and a later amendment in 2024 that cross‑linked transport payment calculations to updated workers compensation regulation rates. The compilation table provides the commencement dates and publication references that show how the instrument’s operative content evolved.

The regulations include marginal amendment notes beside the relevant provisions, indicating where text was changed and by which Gazette or Statutory Instrument reference, but the source text supplied does not reproduce the pre‑amendment wording. Users needing to track precise textual changes should consult the Gazette notices cited: Gazette 8 Jan 2015 p. 111‑12 for the 2014/2015 amendments and SL 2024/133 r. 17 for the 2024 amendment.

The regulations text and accompanying compilation materials provided do not record any judicial or tribunal decisions interpreting these regulations. No cases are named in the instrument, and the Schedule and marginal notes do not cite litigation. Accordingly:

• There is no litigation history contained within this instrument’s text to indicate how courts or tribunals have interpreted the regulations’ provisions, or to show any contested application of the managing director’s approval powers, the evidentiary weight of a vehicle licence under regulation 11, or the formula and practical disputes arising under regulation 6.

• For practitioners, that absence means there is no authoritative, regulation‑specific case law provided here to assist with contested questions such as the scope of the managing director’s approval or the evidentiary limits of a licence as "evidence" of policy issuance. Any litigation history relevant to the subject will be found in separate legal databases or case reports that deal with the Motor Vehicle (Third Party Insurance) Act 1943 or with administrative decisions of the Insurance Commission of Western Australia.

• The regulation’s constructional issues that might attract litigation include: the practical interpretation of "evidence" in regulation 11; timing and format obligations implicit in the data transfer duty in regulation 4; the degree of managerial discretion implicit in regulation 5(2) and regulation 10; and disputes about payment calculations under regulation 6(b) where the image of the formula in the published copy is incomplete or ambiguous. The source here does not show whether any courts have addressed those issues.

• Absence of recorded litigation within the instrument does not mean there has been no case law on related topics. Practitioners requiring precedent must search judicial records and tribunals for decisions invoking these particular regulations or the associated Act. The regulations themselves point to sections of the Act that will often be the subject matter of litigation, but the regulations’ procedural prescriptions may only be litigated incidentally in proceedings under the Act.

In short, within this instrument there is no litigation history provided; users should treat the regulations as administratively prescriptive and seek external case law for interpretive guidance where necessary.

The regulations are concise, but several operational, evidentiary and inter‑agency risks arise from their structure and cross‑references. The following are concrete practical pitfalls to watch for, grounded in the text:

• Data transfer specifics but no timing or format: Regulation 4 prescribes the fields the Director General must give the Commission for each vehicle policy, namely make and model, vehicle class, licence grant/renewal/transfer date under the Road Traffic (Vehicles) Act 2012 s 5(3), expiry date, number plate, and owner name and address. The regulation does not state the timing, frequency or format for that data exchange. Absent supplementary administrative instruments, uncertainty will arise about whether the duty is continuous, periodic, or event‑driven, and how structured data (for example plate numbers, owner addresses) should be transmitted.

• Managing director approval is a chokepoint: Regulation 10 restricts policy issuance for unlicensed vehicles without the managing director’s approval, except where regulations 8 and 9 apply. That centralised approval requirement can create delay, inconsistent decisions, or backlog if operational capacity is limited. The regulation delegates a significant gatekeeping role to the managing director without setting decision parameters or timeframes, leaving applicants uncertain.

• Prescribed form and flexibility tension: Schedule 1 is the prescribed form of notice under regulation 5(1), but regulation 5(2) allows the managing director to approve other forms for various notices listed in the Table. The managing director’s discretion may cause uncertainty for claimants who do not know whether an alternative form will be approved or accepted in advance of lodging a notice, and failure to use an approved or prescribed form could have procedural consequences under the Act.

• Missing or opaque formula image: Regulation 6(b) includes a formula presented as an image placeholder in the source text. However, the surrounding text identifies the variables P, D and R, and defines D and R. Practitioners must be careful where the published formula image is not captured in a given version, and should rely on the textual definitions (P, D, R) and the external Workers Compensation regulation 35 references when calculating entitlements. A missing formula in published materials may create disputes or administrative errors if not cross‑checked.

• Cross‑indexing to external sources creates timing and consistency risks: Regulation 7 requires recalculation of monetary amounts using the ABS index if ABS data is not available, the regulation prescribes an alternative index. Likewise regulation 6(b) ties the per‑kilometre rate to the Workers Compensation regulations. These links mean that changes, publication delays, or reclassification of external indices will materially alter calculations in the motor vehicle insurance scheme, potentially producing unanticipated variation in entitlements and administrative complexity for recalculation.

• Evidentiary presumption is not a conclusive proof: Regulation 11 states that a vehicle licence granted under Road Traffic (Vehicles) Act 2012 Part 2 is evidence that a policy has been issued. Evidence is not equivalent to irrefutable proof. Parties and decisionmakers must be alert that the licencing evidence may be rebuttable and that additional documentary verification might be required in contested cases.

• Privacy and data protection gap: Regulation 4 requires transmission of owner names and addresses and number plate information to the Commission. The regulations do not specify privacy safeguards, retention limits or disclosure regimes for the Commission’s use of that data. Agencies must therefore consider separate privacy legislation and internal policies when operationalising the data transfer.

• Permits and plates create parallel coverage routes: Regulations 8 and 9 allow permits or number plate issuance to incorporate a policy, but the conditions and administrative interactions between the licensing authority and the Commission are not detailed. This can create ambiguity for applicants as to whether coverage is automatic with a permit or requires additional Commission action, particularly where timing of plate issuance and policy issuance differ.

• No penalties or enforcement mechanisms in text: The regulations do not specify penalties for failing to comply with their procedural provisions. If an agency or official fails to comply with regulation 4’s data transfer, or the managing director delays approval under regulation 10, the regulations themselves offer no prescriptive remedy; recourse likely requires reference to the Act or general administrative law remedies.

• Repeal of prior regulations, but transitional detail absent: Regulation 12 repeals the 1962 regulations. The regulations supplied do not contain transitional provisions that may have been in the parent Act or the repealing instrument. Practitioners should verify transitional arrangements for policies issued under the old regime.

These "gotchas" are implementation and evidentiary risks that arise from what the regulations specify and what they leave unspecified. They point to administrative dependencies, discretion bottlenecks, and external indexation reliance that users and administrators should manage proactively.

Compliance under these regulations is largely an administrative exercise that requires attention to delegated approval pathways, prescribed forms, data transfer obligations, external indexation linkages and contractual arrangements with ambulance services. A practical compliance checklist derived from the regulations follows:

• Data provision to the Commission (regulation 4): The Director General must ensure systems capture and transmit for each vehicle covered by a policy the following fields: make and model; vehicle class; date of licence grant/renewal/transfer under Road Traffic (Vehicles) Act 2012 s 5(3); licence expiry date; number plate details; and owner name and address. Absent timing guidance in the regulation, adopt an event‑driven approach (supply on policy issuance, renewal, transfer and expiry) and a periodic reconciliation process. Document the data format, retention, and secure transmission protocols to align with data protection obligations.

• Notices and forms (regulation 5 and Schedule 1): For notices under section 29 of the Act, use Schedule 1 as the prescribed form. Ensure claim handling workflows embed the Schedule 1 fields and that staff are trained in the information required: date, registration number, driver details, crash circumstances, witnesses, injured person particulars, medical providers, prior claims, and signature/date. If other forms are desirable for the notices listed in the Table at regulation 5(2) (for example different versions where the insured person is dead or identity of a vehicle is unknown), seek formal approval from the managing director before deploying them, and maintain records of approvals.

• Managing director approvals (regulations 5(2) and 10): Where policy issuance is sought for unlicensed vehicles outside the permit and plate exceptions (regulations 8 and 9), obtain written managing director approvals before issuing a policy. Establish an internal approvals process with expected turnaround times, required supporting documentation, and alignment with the Commission’s governance requirements.

• Issuance of policies with permits or number plates (regulations 8 and 9): When issuing permits under Road Traffic (Vehicles) Act 2012 s 13(1) or number plates under s 13(2), coordinate with the licensing authority and the Commission to ensure that the permit or plate issuance either incorporates a policy or that a policy is issued at the time of plate issuance as permitted. Maintain cross‑agency protocols to make coverage status clear to vehicle owners.

• Transport payments (regulation 6): Where the Commission has a written agreement with an ambulance service, ensure the agreement specifies payment calculations and invoicing procedures. Where no agreement exists, implement the regulation 6(b) calculation by:

  • Establishing the method to measure D, the distance in kilometres by the most practical route, and documenting the mapping or odometer method used.

  • Sourcing R from the Workers Compensation and Injury Management Regulations 2024 regulation 35(1) and (2), and updating internal rate tables when that external regulation changes. Because R is externally determined, embed a monitoring step to capture any changes to regulation 35 that will affect payment rates.

  • Documenting the formula implementation and maintaining transparent invoices for persons who convey injured persons, whether ambulance or private conveyances.

• Recalculation of statutory amounts (regulation 7): If the Australian Statistician does not publish the "relevant information" for recalculating Amounts A, B, C and D under sections 3C and 3D of the Act, apply the fallback in regulation 7: increase the preceding financial year’s amounts by the percentage change in the Australian Statistician’s index for ordinary time hourly rates of pay excluding bonuses (original) for Western Australia between 1 January and 31 December in the preceding calendar year. Maintain records of the ABS index figures used and the date of recalculation.

• Evidence management for licences (regulation 11): Treat a licence under Part 2 of the Road Traffic (Vehicles) Act 2012 as prima facie evidence that a policy has been issued. Nevertheless, retain and be prepared to produce the underlying policy documentation where disputes arise, because "evidence" can be rebutted in litigation or administrative review.

• Recordkeeping and privacy: Given regulation 4’s data requirements and the sensitive personal information in Schedule 1, establish secure recordkeeping processes, consent and disclosure protocols, and ensure alignment with applicable privacy legislation and internal information security policies.

• Training and standard operating procedures: Train staff who issue policies, approve permits or forms, and process claims in the specifics of these regulations. Draft SOPs covering data provision events, how to handle unlicensed vehicle insurance requests (including when to seek managing director approval), and the steps to calculate and pay transport entitlements.

• Inter‑agency coordination and updates: Maintain a watch on changes to the Road Traffic (Vehicles) Act 2012, the Insurance Commission Act, Workers Compensation and Injury Management Regulations 2024 regulation 35, and ABS publications that feed into regulation 7. Establish notification triggers so that when external instruments change, the Commission and the Director General can react promptly.

• Documentation of approvals and agreements: Keep written records of all managing director approvals under regulation 5(2) and regulation 10, as well as written agreements with ambulance services under regulation 6(a). These records form the basis for consistent administrative decisions and defence in disputes.

Following these steps will operationalise the regulatory duties set out in the instrument. The core compliance requirement is administrative discipline: use the prescribed forms, maintain the prescribed data fields and approval records, and monitor the external instruments the regulations explicitly rely on.