VIEW SUMMARY
The legislation that is being viewed is valid for 27 Feb 2015.

Motor Accidents Compensation Tribunal Regulations 2009  (S.R. 2009, No. 35)
Requested:25 May 2016
Consolidated:27 Feb 2015


INFORMATION
Notes:
Links:
Table of Amending Instruments: (click to view Table of Amendments)
Responsible Minister and Department:See the latest Administrative Arrangement Order or view the Information Guides to Legislation
CONTENTS
Motor Accidents Compensation Tribunal Regulations 2009
1. Short title
2. Commencement
3. Interpretation
4. Reference to Tribunal
5. Reference to Tribunal by infant
6. Reasons for determination
7. Notice of hearing date
8. Determination of Tribunal
9. Keeping of register
10. Inspection of register
11. Medical examination
12. Service of notices
13. Procedure of Tribunal
14. Costs
15. Discontinuance or dismissal of reference

Motor Accidents Compensation Tribunal Regulations 2009

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Motor Accidents (Liabilities and Compensation) Act 1973.

28 May 2009

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

G. L. STURGES

Minister for Infrastructure

1. Short title

These regulations may be cited as the Motor Accidents Compensation Tribunal Regulations 2009.

2. Commencement

These regulations take effect on 24 November 2009.

3. Interpretation

In these regulations, unless the contrary intention appears –

Act means the Motor Accidents (Liabilities and Compensation) Act 1973;
party, when used in relation to a reference, includes the Board;
reference means a reference to the Tribunal under section 28(2) or (3) of the Act;
secretary means the secretary of the Tribunal appointed under section 13(2) of the Act.

4. Reference to Tribunal

(1) A person may refer a matter to the Tribunal under section 28(2) of the Act by giving the secretary –

(a) written notice in the form determined by the Board; and

(b) a copy of all relevant documents in the possession of that person.

(2) The Board may refer a matter to the Tribunal under section 28(3) of the Act by giving the secretary –

(a) written notice in the form determined by the Board; and

(b) a copy of all relevant documents in the possession of the Board.

(3) A person is to give notice under subregulation (1)(a) within –

(a) 14 days after the person is notified of a determination or refusal of the Board or becomes aware of the failure of the Board to make a payment by way of a scheduled benefit; or

(b) any further period the Tribunal, on application by the person before the expiration of that period, allows.

(4) A copy of a notice under subregulation (1)(a) or subregulation (2)(a) is to be served on each other party to the reference.
(5) A copy of a notice under subregulation (1)(a) is to be served within the period required by subregulation (3).

5. Reference to Tribunal by infant

(1) An infant may refer a matter to the Tribunal under section 28(2) of the Act.
(2) An infant may be represented before the Tribunal by –

(a) his or her parent or guardian; or

(b) another person appointed for the purpose by the Tribunal.

6. Reasons for determination

(1) Any party to a reference or the Tribunal may request the Board to give reasons in writing for a determination of the Board under section 28(1) of the Act.
(2) The Board, within 7 days after the receipt of a request, is to give a copy of its reasons to –

(a) each party to the reference; and

(b) the Tribunal.

7. Notice of hearing date

The secretary is to give to each party to a reference at least 14 days' notice of the day fixed for the hearing of the reference unless the parties agree to accept shorter notice.

8. Determination of Tribunal

On the determination of a reference, the secretary is to serve on each party to the reference –

(a) a sealed copy of the Tribunal's determination; and

(b) the reasons for that determination.

9. Keeping of register

The secretary is to keep a register of –

(a) all references to the Tribunal; and

(b) the Tribunal's determinations.

10. Inspection of register

A party to a reference, or any person whom the chairman of the Tribunal considers to have a sufficient interest in a reference or a determination by the Tribunal, may inspect the register during office hours at the office of the secretary.

11. Medical examination

(1) The Tribunal may require a party to a reference who is injured as a result of an accident to undergo a medical examination.
(2) If the Tribunal requires a party to undergo a medical examination, the Tribunal is to ensure that a copy of the medical report is given to each party to the reference.

12. Service of notices

(1) A document or notice may be served on or given to the Board –

(a) by delivering it personally to the chief executive officer of the Board; or

(b) by leaving it addressed to the Board with a person apparently of or over the age of 18 years at the office of the chief executive officer of the Board; or

(c) by sending it by ordinary or registered post to the chief executive officer of the Board; or

(d) by faxing it to the Board's fax number.

(2) A document or notice may be served on or given to the Tribunal –

(a) by delivering it personally to the secretary; or

(b) by leaving it addressed to the Tribunal with a person apparently of or over the age of 18 years at the office of the secretary; or

(c) by sending it by ordinary or registered post to the secretary; or

(d) by faxing it to the Tribunal's fax number.

(3) A document or notice may be served on or given to a person other than the Board or Tribunal –

(a) by delivering it personally to that person; or

(b) by leaving it addressed to that person at his or her usual or last known place of residence or business with a person apparently of or over the age of 18 years and apparently residing or employed there; or

(c) by sending it by ordinary or registered post addressed to that person at the usual or last known place of residence or business of that person; or

(d) with the written consent of that other person, by faxing it to that other person's fax number.

(4) A document or notice that is posted to a person is taken to have been served on or given to the person on the day on which it would be delivered in the ordinary course of post.
(5) A document or notice that is faxed to a person is taken to have been served on or given to the person –

(a) if faxed before normal business hours on a business day, on that business day; or

(b) if faxed during normal business hours on a business day, on that business day; or

(c) in all other cases, on the next business day after it is faxed.

13. Procedure of Tribunal

Subject to the Act and these regulations, the Tribunal may regulate its own procedure.

14. Costs

(1) On determining a reference, the Tribunal may order a party to the reference to pay costs to another party to the reference and may fix the reasonable amount of those costs.
(2) If the Tribunal orders a party to a reference to pay costs to another party to the reference, that other party may recover those costs as if they were a judgment debt obtained in the court that –

(a) is nearest to the place where that other party resides or carries on business; and

(b) has jurisdiction in respect of the amount of those costs.

15. Discontinuance or dismissal of reference

A reference may be discontinued or dismissed for want of prosecution in accordance with the practice applicable in the Supreme Court for the discontinuance or dismissal for want of prosecution of an action.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 3 June 2009.

These regulations are administered by the Motor Accidents Insurance Board.