Motor Accidents Compensation Tribunal Regulations 1999

Motor Accidents Compensation Tribunal Regulations 1999

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 .

15 November 1999

G. S. M. GREEN

Governor

By His Excellency's Command,

P. A. LENNON

Minister for Infrastructure, Energy and Resources

1.   Short title

These regulations may be cited as the Motor Accidents Compensation Tribunal Regulations 1999 .

2.   Commencement

These regulations take effect on 1 January 2000.

3.   Interpretation

(1)  In these regulations –

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;

secretary means the secretary to the Tribunal.

(2)  In these regulations, a reference to a form is taken to be a reference to a form specified in Schedule 1 .

4.   Reference to Tribunal

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

(a) notice in writing in accordance with Form 1; 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 to the secretary –

(a) notice in writing in accordance with Form 2; 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

(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 date 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.   Register

The secretary is to keep a register in accordance with Form 3 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

The Tribunal may require a party to a reference who is injured as a result of an accident to submit for medical examination.

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 certified mail addressed to the chief executive officer of the Board.

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

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

(b) by leaving it addressed to him or her 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 certified mail addressed to that person at the usual or last known place of residence or business of that person.

13.   Regulation of procedure of Tribunal

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

14.   Costs

(1)  The Tribunal may fix any amount for costs ordered to be paid by one party to a reference to another party to the reference.

(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.

16.   Statutory Rules rescinded

The Statutory Rules specified in Schedule 2 are rescinded.

SCHEDULE 1 - Forms

Regulation 3(2)

SCHEDULE 2 - Statutory Rules rescinded

Regulation 16

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

Notified in the Gazette on 24 November 1999

These regulations are administered by the Motor Accidents Insurance Board.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations –

(a) make provision in relation to references to the Tribunal under section 28 of the Act; and

(b) rescind earlier regulations.