99Consideration of discretionary exemption from claims assessment

#### 99 Consideration of discretionary exemption from claims assessment 99 Consideration of discretionary exemption from claims assessment > > (1) A claimant or insurer may apply for an exemption from assessment under section 92(1)(b) of the MAC Act or section 7.34(1)(b) of the MAI Act by lodging an application. > > > (2) In determining whether a claim is not suitable for assessment for the purposes of section 92(1)(b) of the MAC Act or section 7.34(1)(b) of the MAI Act, the Commission must consider the objects of the PIC Act and the circumstances of the claim. > > > (3) Without limiting the matters that may be considered, the Commission may consider the following— > > > > > (a) whether the claim involves complex legal or factual issues, or complex issues in the assessment of the amount of the claim, > > > > > (b) whether the claim involves issues of liability, including contributory negligence, fault or causation, > > > > > (c) whether a claimant or witness, considered by the Commission to be a material witness, resides outside the State, > > > > > (d) whether a claimant or insurer seeks to proceed against one or more non-CTP parties, > > > > > (e) whether the insurer alleges that a person has made a false or misleading statement in a material particular in relation to the injuries, loss or damage sustained by the claimant in the accident giving rise to the claim.