South Australia regulation

Motor Vehicles (Third Party Insurance) Regulations 2013

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

3/10 complexity

These regulations set the practical steps for making third‑party motor vehicle injury claims under the Motor Vehicles Act 1959: they prescribe notice deadlines (including a six‑month general rule and earlier notice where vehicle identity or insurance is unclear), list required supporting documents, and give the CTP Regulator authority to determine the required forms for medical certificates and information‑release authorities. They affect injured people, insurers and the nominal defendant — insurers/nominal defendant meet compensation obligations — by defining deadlines, evidence obligations and administrative discretion that can affect the ability to start or continue proceedings.

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Motor Vehicles (Third Party Insurance) Regulations 2013

South Australia Motor Vehicles (Third Party Insurance) Regulations 2013 under the Motor Vehicles Act 1959

Contents 1 Short title 3 Interpretation 4 Claim for compensation (section 126A of Act) 5 Forms and information required in connection with notice of claim (section 126A(2)(c) of Act) 6 Authority to obtain information (section 126A(2)(d) of Act) Legislative history

1—Short title These regulations may be cited as the Motor Vehicles (Third Party Insurance) Regulations 2013. 3—Interpretation In these regulations— Act means the Motor Vehicles Act 1959; motor vehicle injury means a bodily injury to a person caused by or arising out of the use of a motor vehicle; relevant motor vehicle accident means the motor vehicle accident that results in the motor vehicle injury that is relevant for the purposes of the application of the Act in relation to a particular person. 4—Claim for compensation (section 126A of Act) (1) A notice of a claim under section 126A(1) of the Act must be given— (a) in the case of a notice of a claim in relation to an action against the nominal defendant—as soon as reasonably practicable after it becomes apparent that— (i) the identity of the relevant motor vehicle is not readily ascertainable; or (ii) the relevant motor vehicle was uninsured; or (b) in any other case—within 6 months after the relevant motor vehicle accident. (2) A failure to comply with subregulation (1) does not attract the operation of section 126A(6) of the Act if— (a) the failure to give the notice of claim within the relevant period was occasioned by— (i) ignorance or mistake of the claimant; or (ii) absence of the claimant from the State; or (iii) inability of the claimant on account of injury; or (iv) inability of the claimant on account of the claimant's legal disability; or (v) other reasonable cause; and (b) the proper assessment of the claim has not been substantially prejudiced. (3) Nothing in section 126A of the Act (or these regulations) affects the ability of a person to commence or continue proceedings once the person has provided the information and statements referred to in subsection (2)(c) and (d) of that section (including after the period referred to in subregulation (1) has expired). 5—Forms and information required in connection with notice of claim (section 126A(2)(c) of Act) (1) A medical certificate or opinion referred to in section 126A(2)(c)(ii) of the Act must be in a form determined by the CTP Regulator. (2) Pursuant to section 126A(2)(c)(iv) of the Act, a notice of claim under subsection (1) of that section must be accompanied by— (a) if the claim includes loss of income or earning capacity—evidence of income or earning capacity, including, for example, relevant payslips, PAYG payment summaries or income tax returns; and (b) if the claim includes payment of medical expenses—evidence of expenses incurred up to the date of the claim, including, for example, accounts or receipts in respect of medical services; and (c) if the claim relates to the death of a person and is brought under Part 5 of the Civil Liability Act 1936—the certificate of death of that person; and (d) if the claimant was injured while driving a motor vehicle—the claimant's driver's licence number; and (e) if the claimant was not driving a motor vehicle when he or she was injured—proof of the claimant's identity. 6—Authority to obtain information (section 126A(2)(d) of Act) The prescribed form for a statement of authority to obtain information under section 126A(2)(d) of the Act is a form determined by the CTP Regulator. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2013 164 Gazette 20.6.2013 p2632 1.7.2013: r 2 2021 98 Gazette 1.7.2021 p2464 1.11.2021: r 2 Provisions varied New entries appear in bold. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 1.11.2021 r 5

r 5(1) inserted by 98/2021 r 4 1.11.2021 r 5(2) r 5 redesignated as r 5(2) by 98/2021 r 4 1.11.2021 r 6 substituted by 98/2021 r 5 1.11.2021 r 7 expired: r 7(2) (1.7.2016)

deleted by 98/2021 r 5 1.11.2021 r 8 deleted by 98/2021 r 5 1.11.2021 Sch 1 deleted by 98/2021 r 6 1.11.2021

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Motor Vehicles (Third Party Insurance) Regulations 2013

South Australia Motor Vehicles (Third Party Insurance) Regulations 2013 under the Motor Vehicles Act 1959

1—Short title These regulations may be cited as the Motor Vehicles (Third Party Insurance) Regulations 2013. 3—Interpretation In these regulations— Act means the Motor Vehicles Act 1959; motor vehicle injury means a bodily injury to a person caused by or arising out of the use of a motor vehicle; relevant motor vehicle accident means the motor vehicle accident that results in the motor vehicle injury that is relevant for the purposes of the application of the Act in relation to a particular person. 4—Claim for compensation (section 126A of Act) (1) A notice of a claim under section 126A(1) of the Act must be given— (a) in the case of a notice of a claim in relation to an action against the nominal defendant—as soon as reasonably practicable after it becomes apparent that— (i) the identity of the relevant motor vehicle is not readily ascertainable; or (ii) the relevant motor vehicle was uninsured; or (b) in any other case—within 6 months after the relevant motor vehicle accident. (2) A failure to comply with subregulation (1) does not attract the operation of section 126A(6) of the Act if— (a) the failure to give the notice of claim within the relevant period was occasioned by— (i) ignorance or mistake of the claimant; or (ii) absence of the claimant from the State; or (iii) inability of the claimant on account of injury; or (iv) inability of the claimant on account of the claimant's legal disability; or (v) other reasonable cause; and (b) the proper assessment of the claim has not been substantially prejudiced. (3) Nothing in section 126A of the Act (or these regulations) affects the ability of a person to commence or continue proceedings once the person has provided the information and statements referred to in subsection (2)(c) and (d) of that section (including after the period referred to in subregulation (1) has expired). 5—Forms and information required in connection with notice of claim (section 126A(2)(c) of Act) (1) A medical certificate or opinion referred to in section 126A(2)(c)(ii) of the Act must be in a form determined by the CTP Regulator. (2) Pursuant to section 126A(2)(c)(iv) of the Act, a notice of claim under subsection (1) of that section must be accompanied by— (a) if the claim includes loss of income or earning capacity—evidence of income or earning capacity, including, for example, relevant payslips, PAYG payment summaries or income tax returns; and (b) if the claim includes payment of medical expenses—evidence of expenses incurred up to the date of the claim, including, for example, accounts or receipts in respect of medical services; and (c) if the claim relates to the death of a person and is brought under Part 5 of the Civil Liability Act 1936—the certificate of death of that person; and (d) if the claimant was injured while driving a motor vehicle—the claimant's driver's licence number; and (e) if the claimant was not driving a motor vehicle when he or she was injured—proof of the claimant's identity. 6—Authority to obtain information (section 126A(2)(d) of Act) The prescribed form for a statement of authority to obtain information under section 126A(2)(d) of the Act is a form determined by the CTP Regulator. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2013 164 Gazette 20.6.2013 p2632 1.7.2013: r 2 2021 98 Gazette 1.7.2021 p2464 1.11.2021: r 2 Provisions varied New entries appear in bold. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 1.11.2021 r 5