Motor Accident Injuries Act 2019

This Act is the Motor Accident Injuries Act 2019.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘personal health information—see the Health Records (Privacy and Access) Act 1997, dictionary.’ means that the term ‘personal health information’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The main objects of this Act are to—

ensure benefits are available to support all people injured in motor accidents on a no-fault basis, subject to some exclusions and limitations; and

encourage early and appropriate treatment and care of people injured in motor accidents to achieve optimum recovery and return to pre-accident levels of activity and work; and

support people injured in motor accidents to access defined benefits; and

promote and encourage the early, quick, cost-effective and just resolution of disputes; and

continue and improve the system of motor accident injury insurance, and the scheme of statutory insurance for uninsured and unidentified vehicles, operating in the ACT; and

keep the costs of motor accident injury insurance at an affordable level; and

provide frameworks that allow competition in setting premiums for motor accident injury insurance policies; and

provide for the licensing and supervision of insurers providing motor accident injury insurance; and

establish and keep a register of motor accident claims to help the administration of the statutory insurance scheme and the detection of fraud; and

support and promote the prevention of motor accidents and the safe use of motor vehicles.

This Act applies to the death or injury of a person that results from a motor accident if the motor accident—

happened in the ACT on or after the day this Act commenced; and

at least 1 motor vehicle involved in the motor accident had MAI cover under this Act at the time of the motor accident.

For subsection (1) (b), a motor vehicle involved in a motor accident is taken to have had MAI cover under this Act at the time of the motor accident if—

an MAI policy was in force for the motor vehicle at that time; or

at that time, the motor vehicle was owned by—

the Territory or a territory authority; or

the Commonwealth or a Commonwealth authority; or

Note See s 288 for motor vehicles owned by the Territory, a territory authority, the Commonwealth or a Commonwealth authority.

a compulsory third-party insurance policy was in force for the motor vehicle under the law of a jurisdiction other than the ACT at that time; or

there is a right of action against the nominal defendant under this Act in relation to the motor accident; or

there would be a right of action against the nominal defendant under this Act in relation to the motor accident if the cause of the motor accident was the fault of the responsible person for, or the driver of, the motor vehicle in the use or operation of the motor vehicle.

Part 1.2 Important concepts

Division 1.2.1 Injury concepts

In this Act:

person injured in a motor accident means an individual who sustains a personal injury as a result of a motor accident.

Note Injured person means a person injured in a motor accident (see dict).

In this Act:

personal injury means bodily injury and includes—

psychological or psychiatric injury; and

damage to spectacles, contact lenses, dentures, hearing aids, crutches, wheelchairs, artificial limbs and prosthetic devices; and

death.

Examples—psychological or psychiatric injury mental or nervous shock

In this Act:

motor accident means an incident that—

involves the use or operation of a motor vehicle; and

causes personal injury to an individual; and

happens when—

someone is driving the motor vehicle; or

someone or something collides with the motor vehicle; or

someone takes action to avoid colliding with the motor vehicle; or

the motor vehicle runs out of control.

In this Act:

use, a motor vehicle, includes the following:

drive, park or stop the motor vehicle on a road or road related area;

maintain the motor vehicle;

if the motor vehicle is towing a trailer—use the trailer while attached to the vehicle;

if the motor vehicle is a tow truck towing or carrying an uninsured motor vehicle—use or operate the uninsured vehicle being towed or carried;

anything else prescribed by regulation.

Also, if a trailer towed by a motor vehicle becomes detached from the vehicle and runs out of control, the use of the vehicle is taken to include the trailer while it is running out of control.

In this Act:

permanent impairment means the loss of, loss of the use of, or damage or malfunction of, any of the following:

a part of the body;

a bodily system or function;

a part of a bodily system or function.

In this Act:

whole person impairment (or WPI), of a person, means the degree of permanent impairment of the whole person resulting from personal injury sustained as a result of a motor accident, expressed as a whole number percentage.