Australian Capital Territory Numbered Regulations

ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 (NO 37 OF 2008) - REG 32

    (1)     A licensed insurer must, not later than 7 days after the end of each month, give the CTP regulator a return (a monthly return ) for the month.

Note     If a respondent's claim manager is acting for all respondents for the claim, the insurer may not need to provide information (see  s 34).

    (2)     A monthly return must be in a form approved by the CTP regulator.

    (3)     A monthly return must include the following information for the insurer:

        (a)     for each notice of claim received by the insurer in the month —

              (i)     the required claim details; and

              (ii)     if the notice of claim is not disputed—the required further claim details;

        (b)     for each disputed notice of claim for which the dispute was resolved in the month—the required further claim details;

        (c)     for each notifiable step in the processing of a claim that takes place in the month—

              (i)     the nature of the step; and

              (ii)     the date when the step was taken; and

              (iii)     other details of the notifiable step the CTP regulator requires by written notice given to all licensed insurers.

    (4)     A monthly return must include details updating information supplied in previous returns about motor vehicle accidents, claims, estimates and costs.

    (5)     In this section:

"compliance date", for a notice of claim, for a motor accident claim, means the day the respondent received (or is taken to have received) a complying notice of claim for the motor accident claim.

Note     In some circumstances a noncomplying notice of claim may be taken to be a complying notice of claim (see Act, s 95).

"disputed notice of claim "means a notice of claim that is not a complying notice of claim.

"notifiable step", in the processing of a motor accident claim, means the following steps:

        (a)     a dispute affecting the notice of claim is resolved;

        (b)     the insurer gives the claimant a written notice (an additional information form ), under the Act, section 88 (1) (b) (Preliminary response to claimant), about the further information the respondent reasonably needs to decide whether the respondent is properly a respondent for the claim;

        (c)     the claimant gives the insurer the further information, under the Act, section 88 (2) (a), indicated in the additional information form;

        (d)     the insurer admits liability on the claim, with or without an allegation of contributory negligence against the claimant, or denies liability on the claim;

        (e)     the insurer makes a decision about the provision of rehabilitation services for the claimant or agreement is reached on the rehabilitation services to be provided for the claimant;

        (f)     a compulsory conference is held;

        (g)     the claim is settled;

        (h)     a proceeding based on the claim is begun in a court;

              (i)     a court makes a decision about liability or the amount of damages;

        (j)     the claim is finalised.

"registration number"—see the Road Transport (Vehicle Registration) Regulation 2000 , dictionary.

"required claim details", for a motor accident claim, means the following details:

        (a)     the date the notice of claim for the claim was received by the insurer;

        (b)     the date the insurer opened a file for the claim;

        (c)     the date, time and place of the motor accident for the claim;

        (d)     an identifying motor accident number assigned by the insurer;

        (e)     an identifying claim number;

        (f)     the traffic incident number (if any) for the motor accident assigned by the Australian Federal Police;

        (g)     for each claimant for the claim—

              (i)     the claimant's full name and address; and

              (ii)     the claimant's date of birth.

"required further claim details", for a motor accident claim, means the following details:

        (a)     the compliance date for the notice of claim for the claim;

        (b)     the make, model, type, year of manufacture, and registration number of each motor vehicle involved in the motor accident for the claim;

        (c)     the name and address of the owner and driver of each motor vehicle involved in the motor accident for the claim;

        (d)     the name and address of each witness to the motor accident for the claim known to the insurer;

        (e)     the circumstances of the motor accident for the claim, including how the claimant came to be involved in the accident;

        (f)     the nature of the personal injury caused by the motor accident to the claimant;

        (g)     the date, as shown in the notice of claim for the claim, when the claimant was first examined by a doctor in relation to the personal injury caused by the motor accident;

        (h)     the date, as shown in the notice of claim, when the claimant first consulted a lawyer about the possibility of making a claim in relation to the motor accident for the claim.

"resolved"—a disputed notice of claim is resolved if the claimant is taken to have given the respondent a complying notice of claim under the Act, section 95 (Noncomplying notice of claim may be complying notice of claim).