Motor Accident Injuries Act 2019

A lawyer commits an offence if—

the lawyer, or an entity related to the lawyer, intentionally gives consideration to someone else; and

in return for the consideration, another person refers a person to the lawyer for the purpose of that person being represented by the lawyer in relation to an application for defined benefits or a motor accident claim; and

the lawyer is reckless about the matters mentioned in paragraph (b).

Maximum penalty: 200 penalty units.

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

A lawyer commits an offence if—

the lawyer, or an entity related to the lawyer, intentionally receives consideration from someone else; and

the lawyer, or entity, receives the consideration in return for the lawyer referring a person represented by the lawyer in relation to a motor accident claim to a service provider; and

the service provider provides a service to the client in relation to the motor accident; and

the lawyer is reckless about the matters mentioned in paragraphs (b) and (c).

Maximum penalty: 200 penalty units.

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

In this section:

close associate, of a lawyer, means—

an employer of the lawyer (including, if the employer is a corporation, a director of the corporation); or

a partner, or a close relative of the partner, in a partnership in which the lawyer is also a partner; or

an employee or agent of the lawyer or of a person mentioned in paragraph (a) or (b).

close relative, of a lawyer, means—

a domestic partner of the lawyer; or

a parent, grandparent, child or step-child of the lawyer; or

a sibling, half-sibling or step-sibling of the lawyer; or

an aunt, uncle, cousin, niece or nephew of the lawyer.

consideration includes a fee or other financial benefit but does not include hospitality that is reasonable in the circumstances.

related—an entity is related to a lawyer if the entity is—

a close relative of the lawyer; or

a close associate of the lawyer; or

owned or controlled by the lawyer or a close relative or close associate of the lawyer.