Motor Accident Injuries Act 2019

The nominal defendant may, by written notice given to an insurer, require the insurer to do 1 or more of the following:

give the nominal defendant stated information and assistance that the nominal defendant reasonably considers necessary for the exercise of the nominal defendant’s functions;

Example information about the health of an applicant or claimant given to the insurer by the applicant or claimant

give the nominal defendant stated documents in the insurer’s possession or control that the nominal defendant reasonably considers necessary for the exercise of the nominal defendant’s functions;

execute stated documents that the nominal defendant reasonably considers necessary for the insurer to execute for the exercise of the nominal defendant’s functions.

An insurer must take all reasonable steps to comply with a requirement of the nominal defendant under subsection (1).

Maximum penalty: 50 penalty units.

Note 1 The Legislation Act, s 170 deals with the application of the privilege against self-incrimination.

Note 2 Penalties imposed under this Act must be paid into the nominal defendant fund (see s 330).

An offence against this section is a strict liability offence.

In this section:

insurer means a licensed insurer and an interstate insurer.

Part 6.10 MAI insurer and nominal defendant may recover costs incurred

Division 6.10.1 Preliminary