Motor Accident Injuries Act 2019

The MAI commission may publish the following information in relation to licensed insurers:

information about a licensed insurer’s level of compliance with the following:

this Act;

the insurance industry deed;

the conditions of the licensed insurer’s MAI insurer licence;

Note 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).

information about a licensed insurer’s pricing of premiums for MAI policies;

information about the profitability of a licensed insurer’s insurance operations (including any proposed profit margins) in relation to the motor accident injuries insurance scheme under this Act;

information that compares the performance of licensed insurers in relation to applications for defined benefits and motor accident claims;

Examples—performance

1 timeliness with dealing with applications for defined benefits and motor accident claims

2 outcomes of applications for defined benefits and motor accident claims

3 customer service or complaints

a copy of any return, and any document accompanying a return, given to the MAI commission under section 462 (Licensed insurers must give information to MAI commission);

information about a licensed insurer’s market share in relation to the motor accident injuries insurance scheme under this Act;

information (other than personal information) about internal and external review of decisions by a licensed insurer under part 2.10 (Defined benefits—dispute resolution), and the outcomes of those reviews;

financial information relating to applications for defined benefits and motor accident claims handled by a licensed insurer, including any amounts ordered by the ACAT or a court, or paid for legal representation, in relation to disputes about applications for defined benefits or motor accident claims;

any other information about licensed insurers prescribed by regulation.

For subsection (1) (i), a regulation may prescribe the manner and form in which the information prescribed may be published.

Information published under this section may identify a particular insurer (an identified insurer).

However, the MAI commission must not publish confidential information relating to an identified insurer if—

the identified insurer tells the MAI commission that publication of the information would disclose a trade secret not known by other insurers; and

the MAI commission is satisfied that, having regard to its knowledge of the business practices of insurers, the publication of the information would disclose a trade secret.

Also, the MAI commission must not publish information about a licensed insurer under subsection (1) (c) that would identify the licensed insurer or allow the licensed insurer’s identity to be worked out.

In this section:

personal information—

means information about a person to whom an internal or external review of a decision under part 2.10 relates that—

discloses the name, address or suburb of the person, or of a family member of the person; or

would allow the person’s identity to be worked out; and

includes personal health information.