Motor Accident Injuries Act 2019

An MAI policy does not insure against the risk of any of the following:

liability to pay compensation under the Workers Compensation Act 1951 (or a corresponding law of a State or another territory);

liability that may be incurred under an agreement unless the liability would have arisen without the agreement;

liability for personal injury, damage or loss that is attributable to an act that has been notified, in writing, by the MAI commission to be an act of terrorism;

liability for personal injury, damage or loss—

that arises independently of a wrongful act or omission; or

in relation to a motor accident claim—to the extent that the personal injury, loss or damage is attributable to the injured person’s own wrongful act or omission;

liability to pay exemplary, punitive or aggravated damages;

liability to pay damages for a personal injury that arises gradually from a series of incidents;

liability to pay the treatment, care and support costs of a participant in the LTCS scheme;

Note LTCS scheme—see the dictionary.

any other liability prescribed by regulation.

To remove any doubt, an MAI policy does not insure the responsible person for, or the driver of, a motor vehicle if—

the motor vehicle is in an area that is subject to a declaration under the Road Transport (General) Act 1999, section 12 (Power to include or exclude areas in road transport legislation) that has the effect of disapplying this Act; or

the motor vehicle is subject to a declaration under the Road Transport (General) Act 1999, section 13 (Power to exclude vehicles, persons or animals from road transport legislation) that has the effect of disapplying this Act; or

the responsible person or driver is subject to a declaration under the Road Transport (General) Act 1999, section 13 that has the effect of disapplying this Act.

In this section:

act of terrorism—

means an act that—

causes or threatens to cause death, personal injury or damage to property; and

is designed to influence a government or intimidate the public or a section of the public; and

is carried out for the purpose of advancing a political, religious, ideological, ethnic or similar cause; but

does not include a lawful activity or industrial action.