Motor Vehicle (Third Party Insurance) Regulations 2009
Western Australia
Motor Vehicle (Third Party Insurance) Regulations 2009
Contents
Citation 1
Commencement 1
Term used: managing director 1
Information to be provided to Commission 1
Form of notice 2
Payment for transport of injured persons 3
Variation of thresholds, caps etc. for damages 4
Permits may incorporate policy of insurance 4
Policy may be issued with number plates for use on unlicensed vehicle 4
Restriction on issue of policies for certain vehicles 5
Licence evidence of insurance cover 5
Repeal 5
Schedule 1 — Form of notice
Notes
Compilation table 8
Defined terms
Western Australia
Motor Vehicle (Third Party Insurance) Act 1943
Motor Vehicle (Third Party Insurance) Regulations 2009
1. Citation
These regulations are the *Motor Vehicle (Third Party Insurance) Regulations 2009*.
2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
3. Term used: managing director
In these regulations —
managing director has the meaning given in the Insurance Commission of Western Australia Act 1986 section 3.
4. Information to be provided to Commission
For the purposes of section 3R(4)(a) of the Act the following information for each vehicle in respect of which the Director General has issued a policy of insurance is prescribed —
(a) details of the make and model of the vehicle;
(b) the vehicle class;
(c) the day on which a vehicle licence for the vehicle is granted, renewed or transferred under the Road Traffic (Vehicles) Act 2012 section 5(3);
(d) the day the vehicle licence expires;
(e) details of the number plate issued for the vehicle under the Road Traffic (Vehicles) Act 2012;
(f) the name and address of the owner of the vehicle.
[Regulation 4 amended: Gazette 8 Jan 2015 p. 111‑12.]
5. Form of notice
(1) The form in Schedule 1 is the prescribed form of notice for the purposes of section 29 of the Act.
(2) The managing director may approve a form for a purpose listed in the Table.
Table
Section of the Act
Instrument or Document
s.7(2)
Notice of claim where insured person is dead or cannot be served
s. 7(3)
Notice of claim where identity of motor vehicle cannot be ascertained
s. 8(5)
Notice of intention to make claim where driver of uninsured vehicle is dead or cannot be found
s. 10(1)
Notice of happening of accident by driver of motor vehicle
s. 10(2)
Notice of happening of accident by owner of motor vehicle
s. 10(3)
Notice of a claim being made upon an insured person or the owner or driver of an uninsured motor vehicle
s. 12(1)(b)
Notice of claim for cost of transporting an injured person
6. Payment for transport of injured persons
For the purposes of section 12(1)(b)(iii) of the Act, the amount to be paid to a person who conveys an injured person is —
(a) in the case of an ambulance service with whom the Commission has a written agreement — an amount calculated in accordance with the agreement; or
(b) otherwise — an amount calculated in accordance with the following formula —
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where —
P is the amount to be paid;
D is the distance in kilometres, by the most practical route, from the place of the accident to the place where the injured person is taken;
R is the rate per kilometre calculated in accordance with the Workers Compensation and Injury Management Regulations 2024 regulation 35(1) and (2).
[Regulation 6 amended: SL 2024/133 r. 17.]
7. Variation of thresholds, caps etc. for damages
(1) This regulation applies for the purposes of recalculating for a financial year —
(a) Amounts A, B and C referred to in section 3C of the Act; and
(b) Amount D referred to in section 3D of the Act,
if the relevant information referred to in section 3C(8)(a) and 3D(8)(a) is not published by the Australian Statistician.
(2) If this regulation applies, Amounts A, B, C and D are to be recalculated under section 3C(8) and 3D(8) by increasing the respective amounts for the preceding financial year by the percentage by which the index for ordinary time hourly rates of pay excluding bonuses (original) for Western Australia, published by the Australian Statistician, varies between 1 January and 31 December in the calendar year preceding the recalculation date.
8. Permits may incorporate policy of insurance
A permit granted under the Road Traffic (Vehicles) Act 2012 section 13(1) in respect of an unlicensed vehicle may incorporate a policy of insurance under the Act to cover the vehicle for the period for which the permit is issued.
[Regulation 8 amended: Gazette 8 Jan 2015 p. 112.]
9. Policy may be issued with number plates for use on unlicensed vehicle
At the time number plates for use on an unlicensed motor vehicle are issued under the Road Traffic (Vehicles) Act 2012 section 13(2) a policy of insurance under the Act may be issued to cover a vehicle on which the plates are used.
[Regulation 9 amended: Gazette 8 Jan 2015 p. 112.]
10. Restriction on issue of policies for certain vehicles
Except as provided in regulations 8 and 9, the Director General is not to issue a policy of insurance under the Act in respect of a motor vehicle that is not licensed under the Road Traffic (Vehicles) Act 2012 Part 2 without the approval of the managing director.
[Regulation 10 amended: Gazette 8 Jan 2015 p. 112.]
11. Licence evidence of insurance cover
A licence granted under the Road Traffic (Vehicles) Act 2012 Part 2 in respect of a motor vehicle is evidence that a policy of insurance under or for the purposes of the Act has been issued in respect of the vehicle.
[Regulation 11 amended: Gazette 8 Jan 2015 p. 112.]
12. Repeal
The Motor Vehicle (Third Party Insurance) Regulations 1962 are repealed.
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Schedule 1 — Form of notice
[r. 5(1)]
Form
Motor Vehicle (Third Party Insurance) Act 1943Official useRef. No. ..............
NOTICE OF INTENTION TO MAKE CLAIM
I notify the Insurance Commission of Western Australia that ......................................
............................. [name of claimant] intends to claim damages for death/bodily injury directly caused by, or by the driving of, a motor vehicle.
Details of crash
Date ........./........./......... Registration Number
of vehicle involved (if known) ................................
Name and address of driver Surname Given Names
Address
Circumstances of crash
Name and address of each witness Surname Given Names
Address
Details of deceased or injured person
Name and address Surname Given Names
Address
Date of birth .........../.........../...........
Relationship to claimant
(if applicable)
Occupation and employment details
Nature of known injuries
Name and address of each doctor/hospital attended
Details of previous claims
Has the claimant previously made a personal injuries claim in respect of this or any other injury? Yes No If yes, provide the following details in respect of each claim.
Date of injury
Details of injury
Type of claim (e.g. work, home, sports, motor vehicle)
Date
Signature
Notes
This is a compilation of the Motor Vehicle (Third Party Insurance) Regulations 2009 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.
Compilation table
Citation
Published
Commencement
Motor Vehicle (Third Party Insurance) Regulations 2009
26 Jun 2009 p. 2570‑3
r. 1 and 2: 26 Jun 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 27 Jun 2009 (see r. 2(b))
Motor Vehicle (Third Party Insurance) Amendment Regulations 2014
8 Jan 2015 p. 111‑12
r. 1 and 2: 8 Jan 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and Gazette 17 Apr 2015 p. 1371)
Treasurer Regulations Amendment (Workers Compensation) Regulations 2024 Pt. 3
SL 2024/133 26 Jun 2024
1 Jul 2024 (see r. 2(b))
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.