Motor Accident Injuries Act 2019

This section applies if the nominal defendant engages a claims manager to manage—

an application for defined benefits; or

a motor accident claim.

A claims manager may do the following in relation to an application for defined benefits:

investigate the application;

approve the application;

refuse to approve the application;

ask for additional information in relation to the application;

if the applicant was covered at the time of injury by an MAI policy issued by a licensed insurer—exercise any right of the insurer arising from, or in relation to, the policy;

anything prescribed by regulation.

A claims manager may do the following in relation to a motor accident claim:

investigate the claim;

negotiate the terms of settlement of the claim, either by payment of a lump sum or by weekly payments in accordance with this Act;

if the claimant was covered at the time of injury by an MAI policy issued by a licensed insurer—exercise any right of the insurer arising from, or in relation to, the policy;

anything prescribed by regulation.

Subsection (3) does not authorise a claims manager to—

pay an amount to satisfy a claim; or

recover an amount owed to a licensed insurer against whom a claim is made under this Act.

A claims manager may also exercise any other function given to the claims manager under this Act or any other territory law.

Note 1 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Note 2 A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).