MOTOR ACCIDENTS (COMPENSATION) COMMISSION ACT 2014

NORTHERN TERRITORY OF AUSTRALIA MOTOR ACCIDENTS (COMPENSATION) COMMISSION ACT 2014 As in force at 1 July 2021 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 Application of Criminal Code .......................................................... 2 Part 2 Motor Accidents (Compensation) Commission 5 Motor Accidents (Compensation) Commission ................................ 2 6 Motor Accidents (Compensation) Commissioner and Associate Commissioners ............................................................... 2 7 Functions of the Commission .......................................................... 3 8 Powers of Commission .................................................................... 3 9 Delegation ....................................................................................... 3 10 Ministerial direction .......................................................................... 4 11 Business or trading names .............................................................. 4 12 Common seal .................................................................................. 4 13 Proceedings of Commission when constituted by more than one member .................................................................................... 4 14 Staff and facilities ............................................................................ 4 15 Protection from liability .................................................................... 5 Part 3 Motor Accidents (Compensation) Fund 16 Motor Accidents (Compensation) Fund ........................................... 5 17 Amounts paid into and out of the Fund ............................................ 5 18 Reimbursement of cost of public health services............................. 6 19 Prudential supervision fee ............................................................... 7 20 Payment of surplus to Territory........................................................ 7 Part 4 Management matters 21 Financial records ............................................................................. 7 22 Annual report and audit ................................................................... 7 23 Financial Management Act 1995 does not apply ............................. 8 24 Provision of information to Minister.................................................. 8 25 Treasurer's Determinations ............................................................. 8 26 Assumptions when dealing with Commission .................................. 9 27 Guarantee........................................................................................ 9 -- 1 of 17 -- Motor Accidents (Compensation) Commission Act 2014 ii Part 5 Miscellaneous matters 28 Confidentiality of information ........................................................... 9 29 Regulations.................................................................................... 10 Part 6 Transitional matters for Motor Accidents (Compensation) Commission Act 2014 Division 1 Winding up of insurance business 30 Residual assets and liabilities etc. ................................................. 10 Division 2 Winding up of banking business 31 Definitions ...................................................................................... 11 32 Commission to carry on banking business prior to sale ................. 11 33 Commission to wind up residual banking business ....................... 12 34 Assets and liabilities of MACC banking business .......................... 12 36 Annual report ................................................................................. 12 37 Treasurer's Determinations ........................................................... 12 38 Application of Corporations Act 2001 ............................................ 13 39 Reference to TIO include Commission .......................................... 13 Division 3 General matters 40 Definitions ...................................................................................... 14 41 Annual report ................................................................................. 14 42 Treasurer's determinations ............................................................ 14 43 Continuation of ongoing matters .................................................... 14 ENDNOTES -- 2 of 17 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 1 July 2021 ____________________ MOTOR ACCIDENTS (COMPENSATION) COMMISSION ACT 2014 An Act to provide for the Motor Accidents (Compensation) Commission and Motor Accidents (Compensation) Fund, and for related purposes Part 1 Preliminary matters 1 Short title This Act may be cited as the Motor Accidents (Compensation) Commission Act 2014. 2 Commencement This Act commences on the commencement of section 46 of the Territory Insurance Office (Sale) Act 2014. 3 Definitions In this Act: Associate Commissioner means an Associate Motor Accidents (Compensation) Commissioner appointed under section 6(1)(b). Commission means the Motor Accidents (Compensation) Commission continued by section 5(1). Commissioner means the Motor Accidents (Compensation) Commissioner appointed under section 6(1)(a). Determination means a determination made under section 25. Fund means the Motor Accidents (Compensation) Fund continued by section 16. MAC business means the part of the Commission's business that relates to administering the MAC scheme and managing the Fund. MAC scheme means the scheme of compensation established by the Motor Accidents (Compensation) Act 1979. -- 3 of 17 -- Part 2 Motor Accidents (Compensation) Commission Motor Accidents (Compensation) Commission Act 2014 2 4 Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against this Act. Note for section 4 Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences. Part 2 Motor Accidents (Compensation) Commission 5 Motor Accidents (Compensation) Commission (1) The Territory Insurance Office (established by section 4 of the Territory Insurance Office Act 1979) continues as the same corporate entity under the name of the Motor Accidents (Compensation) Commission. (2) The Commission: (a) is a body corporate with perpetual succession; and (b) may own and deal with property; and (c) may sue and be sued. (3) The Commission is constituted: (a) by the Commissioner and any Associate Commissioners; or (b) if there is no Commissioner or Associate Commissioner (and no persons have been appointed to act in those positions) – by the Chief Executive Officer. 6 Motor Accidents (Compensation) Commissioner and Associate Commissioners (1) The Minister may, by Gazette notice, appoint: (a) a person to be the Motor Accidents (Compensation) Commissioner; and (b) a person to be an Associate Motor Accidents (Compensation) Commissioner. (2) The Commissioner and any Associate Commissioners hold office on the conditions (including remuneration, expenses and allowances) determined by the Minister. -- 4 of 17 -- Part 2 Motor Accidents (Compensation) Commission Motor Accidents (Compensation) Commission Act 2014 3 7 Functions of the Commission The Commission has the following functions: (a) to administer the MAC scheme in accordance with the Motor Accidents (Compensation) Act 1979; (b) to manage the Fund; (c) to promote road safety; (d) to perform any other function conferred on it under an Act. 8 Powers of Commission For the performance of its functions, the Commission has all the powers of an individual. 9 Delegation (1) The Commission may delegate any of its powers and functions under this or any other Act to: (a) the Commissioner or an Associate Commissioner; or (b) a Chief Executive Officer (as defined in section 3(1) of the Public Sector Employment and Management Act 1993) or a public sector employee; or (c) a statutory corporation; or (d) with the approval of the Minister, any other person (a non-government delegate). (2) A delegation under subsection (1)(d) must be made by written contract between the Commission and the delegate (a delegation contract). (3) The Commission must not enter into a delegation contract unless the terms of the contract have been approved by the Minister. (4) A non-government delegate may do one or more of the following if doing so is permitted by the delegation contract: (a) sub-delegate a power or function delegated to the non-government delegate by the delegation contract, other than this power of sub-delegation; (b) enter into contracts or other arrangements as the Commission's agent. -- 5 of 17 -- Part 2 Motor Accidents (Compensation) Commission Motor Accidents (Compensation) Commission Act 2014 4 (5) A contract made under section 9 of the Territory Insurance Office (Sale) Act 2014 is taken to be a contract under subsection (2) making a delegation under subsection (1)(d). 10 Ministerial direction (1) In exercising its powers and performing its functions, the Commission is subject to the direction of the Minister. (2) The Commission must include in its annual report for a financial year details of each direction given during the year. 11 Business or trading names The Commission may use and operate under one or more business or trading names approved by the Minister. 12 Common seal (1) The Commission must have a common seal. (2) The seal must not be used except with the authority of the Commission. (3) A document purporting to bear the common seal of the Commission is taken to have been duly executed by the Commission, in the absence of evidence to the contrary. 13 Proceedings of Commission when constituted by more than one member (1) This section applies if the Commission is constituted by 2 or more persons. (2) The Commissioner is the chairperson of the Commission. (3) The Commission may conduct its proceedings (including meetings) in the way it considers appropriate. 14 Staff and facilities (1) The Chief Executive Officer must provide the Commission with staff and facilities to enable it to: (a) properly carry on the MAC business; and (b) properly perform its other functions. (2) The Chief Executive Officer may charge the Commission the reasonable cost of providing staff and facilities for the purpose mentioned in subsection (1)(a). -- 6 of 17 -- Part 3 Motor Accidents (Compensation) Fund Motor Accidents (Compensation) Commission Act 2014 5 (3) Amounts charged under subsection (2) are to be paid out of the Fund. 15 Protection from liability (1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as the Commissioner or an Associate Commissioner. (2) In addition, the person is not civilly or criminally liable for an act done or omitted to be done by the Commission in the exercise of a power or performance of a function under this Act. (3) Subsections (1) and (2) do not affect any liability the Territory or the Commission would, apart from those subsections, have for the act or omission. (4) In this section: exercise, of a power, includes the purported exercise of the power. performance, of a function, includes the purported performance of the function. Part 3 Motor Accidents (Compensation) Fund 16 Motor Accidents (Compensation) Fund (1) The Motor Accidents (Compensation) Fund (established by section 22B of the Territory Insurance Office Act 1979) is continued. (2) The assets of the Fund: (a) are the property of the Territory; and (b) are held by the Commission on behalf of the Territory. (3) To avoid doubt: (a) a trust is not created in relation to the Fund; and (b) the Commission is not a trustee in relation to the Fund. 17 Amounts paid into and out of the Fund (1) The Commission must pay into the Fund: (a) amounts paid to the Commission under section 46 of the Motor Vehicles Act 1949; and -- 7 of 17 -- Part 3 Motor Accidents (Compensation) Fund Motor Accidents (Compensation) Commission Act 2014 6 (b) earnings from the investment of the Fund; and (c) other amounts received by the Commission for the MAC scheme. (2) The Commission may pay amounts out of the Fund only for the following purposes: (a) payment of benefits under the Motor Accident (Compensation) Act 1979; (b) administration of the MAC Scheme; (c) management of the Fund; (d) payment of amounts payable by the Commission under a MAC management agreement; (e) discharge of any other liabilities in relation to the MAC business; (f) payment of amounts required to be paid out of the Fund under section 14(3), 18, 19 or 20; (g) promotion of road safety. (3) In this section: MAC management agreement means a contract as mentioned in section 9(2) under which the Commission has delegated powers and functions in relation to the MAC business. 18 Reimbursement of cost of public health services (1) After the end of each financial year the Minister must determine the amount (if any) that the Minister considers should be paid to reimburse the Territory for the cost of providing public health services to MAC claimants during that financial year. (2) The Commission must pay the fee out of the Fund to the Central Holding Authority within 2 months after the Minister notifies the Commission of the amount. (3) In this section: MAC claimant means a person who is entitled to compensation under section 18 of the Motor Accidents (Compensation) Act 1979. NT Regional Health Services, see section 10 of the Health Service Act 2021. -- 8 of 17 -- Part 4 Management matters Motor Accidents (Compensation) Commission Act 2014 7 public health services means medical and rehabilitation services provided by NT Regional Health Services that would have been compensable under section 18 of the Motor Accidents (Compensation) Act 1979 had the services been provided by a person who is not part of NT Regional Health Services. 19 Prudential supervision fee (1) After the end of each financial year the Treasurer may charge the Commission a prudential supervision fee for the financial year of an amount determined in accordance with the Determinations. (2) The Commission must pay the fee out of the Fund to the Central Holding Authority within 2 months after the Treasurer notifies the Commission of the amount. 20 Payment of surplus to Territory (1) If the Minister is satisfied that the amount in the Fund is in excess of that required as adequate provision for conducting the MAC business, the Minister may direct the Commission to pay all or part of the excess to the Territory. (2) The Commission must pay the amount out of the Fund to the Central Holding Authority by the date stated in the direction. (3) The Minister must table a copy of a direction given under subsection (1) in the Legislative Assembly within 6 sitting days after giving the direction. Part 4 Management matters 21 Financial records (1) The Commission must keep written financial records that: (a) correctly record and explain its transactions and financial position and performance; and (b) enable true and fair financial statements to be prepared and audited. (2) The Commission must keep the records for 7 years after the transactions covered by them are completed. 22 Annual report and audit (1) For each financial year the Commission must prepare an annual report of the Commission's operations during the year. -- 9 of 17 -- Part 4 Management matters Motor Accidents (Compensation) Commission Act 2014 8 (2) The Commission must give the report to the Minister within 4 months after the end of the year or any longer period allowed by the Minister. (3) The annual report must: (a) conform to the requirements of similar reports under the Corporations Act 2001; and (b) include separate reports for the MAC business and the Commission as a whole; and (c) include all information that is required by the Minister to enable an informed assessment of the Commission's operations. (4) Section 10(1) to (3) of the Financial Management Act 1995 applies in relation to the Commission as if it were a Government Business Division and the Commissioner were the Accountable Officer. (5) The Minister must table the annual report, the financial statement prepared in accordance with section 10 of the Financial Management Act 1995 and Auditor-General's report in the Legislative Assembly within 6 sitting days after the Minister receives the last of them. 23 Financial Management Act 1995 does not apply The Financial Management Act 1995 does not apply in relation to the Commission or the Fund (except as mentioned in section 22(4)). 24 Provision of information to Minister (1) The Commission must give to the Minister information within its possession or control when requested by the Minister to do so. (2) If the Commission considers that any of the information should be treated as confidential, it must advise the Minister of that opinion and the reasons for it. 25 Treasurer's Determinations (1) The Treasurer may make determinations not inconsistent with this Act about any of the following: (a) prudential standards that: (i) must be applied by the Commission in relation to the MAC business; or -- 10 of 17 -- Part 5 Miscellaneous matters Motor Accidents (Compensation) Commission Act 2014 9 (ii) relate to the performance of the Commission's functions in relation to the MAC business; (b) monitoring and enforcement of those prudential standards (including the appointment of persons for those purposes); (c) standards about the governance of the Commission; (d) the prudential supervision fee under section 19. (2) In making a Determination, the Treasurer must consult with, and have regard to any comments made by, the Commission. (3) The Treasurer must, by notice in the Gazette, notify the making of a Determination. (4) A Determination must not commence before its notification under subsection (3). (5) A Determination may apply, adopt or incorporate any or all of the provisions of an instrument as in force or existing from time to time. 26 Assumptions when dealing with Commission Sections 52 (other than section 52(1)(d)) and 53 of the Government Owned Corporations Act 2001 apply to the Commission as if it were a Government owned corporation. 27 Guarantee (1) All liabilities of the Commission in relation to the MAC business are guaranteed by the Territory. (2) Any amount payable under the guarantee is payable from the Central Holding Authority, which is appropriated accordingly. Part 5 Miscellaneous matters 28 Confidentiality of information (1) A person commits an offence if: (a) the person obtains information in the course of performing functions connected with the administration of this Act; and (b) the person engages in conduct that results in the disclosure of the information. Maximum penalty: 200 penalty units or imprisonment for 2 years. -- 11 of 17 -- Part 6 Transitional matters for Motor Accidents (Compensation) Commission Act 2014 Division 1 Winding up of insurance business Motor Accidents (Compensation) Commission Act 2014 10 (2) Strict liability applies to subsection (1)(a). (3) Subsection (1) does not apply if: (a) the person discloses the information: (i) for the administration of this Act; or (ii) with the consent of the person to whom the information relates; or (iii) for legal proceedings arising out of the operation of this Act; or (iv) for the proper performance of the Minister's ministerial functions and duties; or (b) the information is otherwise available to the public. Note for subsection (3) In addition to the circumstances mentioned in subsection (3), a person who discloses confidential information will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code). 29 Regulations The Administrator may make regulations under this Act. Part 6 Transitional matters for Motor Accidents (Compensation) Commission Act 2014 Division 1 Winding up of insurance business 30 Residual assets and liabilities etc. (1) The Commission has the function of winding up the residual insurance business. (2) Except to the extent that the Corporations Act 2001 expressly binds the Crown, the Commission, in performing a function or exercising a power under this section, is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies. -- 12 of 17 -- Part 6 Transitional matters for Motor Accidents (Compensation) Commission Act 2014 Division 2 Winding up of banking business Motor Accidents (Compensation) Commission Act 2014 11 (3) In this section: residual insurance business means so much (if any) of TIO's insurance business as was not included in the sale of the insurance business (as defined in section 3 of the Territory Insurance Office (Sale) Act 2014). TIO's insurance business means the insurance business (as defined in section 3 of the Territory Insurance Office (Sale) Act 2014) as carried on by TIO immediately before the insurance sale date (as defined in that section). Division 2 Winding up of banking business 31 Definitions In this Division: banking sale date, see section 3 of the Territory Insurance Office (Sale) Act 2014. full banking business means: (a) if the banking sale date was before the commencement of this Act – the TIO insurance business; or (b) otherwise – the business carried on by the Commission under section 32). MACC banking business means the business carried on by the Commission under section 32 or 33. residual banking business means so much of the full banking business as was not included in the sale of the banking business (as defined in section 3 of the Territory Insurance Office (Sale) Act 2014). residual deposit means a deposit held by the Commission as part of the residual banking business. TIO's banking business means the banking business (as defined in section 3 of the Territory Insurance Office (Sale) Act 2014) as carried on by TIO immediately before the banking sale date. 32 Commission to carry on banking business prior to sale (1) This section applies if this Act commences before the banking sale date. -- 13 of 17 -- Part 6 Transitional matters for Motor Accidents (Compensation) Commission Act 2014 Division 2 Winding up of banking business Motor Accidents (Compensation) Commission Act 2014 12 (2) Until the banking sale date the Commission has the function of carrying on what was TIO's banking business. 33 Commission to wind up residual banking business (1) If this Act commences before the banking sale date, this section does not apply until the banking sale date. (2) The Commission has the following functions: (a) carrying on the residual banking business until all residual deposits have been repaid; (b) winding up the residual banking business. 34 Assets and liabilities of MACC banking business (1) The moneys of, and all debts and other moneys owing to, the Commission in relation to the MACC banking business: (a) are the property of the Territory; and (b) are held, and may be recovered, by the Commission on behalf of the Territory. (2) The Commission must not use those moneys for any purpose other than the carrying on of the MACC banking business. (3) Within 3 months after the last residual deposit is repaid to the depositor the Commission must pay the moneys standing to the credit of the account to the Central Holding Authority. 36 Annual report In addition to the reports required under section 22(3)(b), the Commission's annual report must include a separate report for the MACC banking business. 37 Treasurer's Determinations (1) Under section 25, the Treasurer may also make determinations about prudential standards that: (a) must be applied by the Commission in relation to the MACC banking business; or (b) relate to the performance of the Commission's functions in relation to the MACC banking business. -- 14 of 17 -- Part 6 Transitional matters for Motor Accidents (Compensation) Commission Act 2014 Division 2 Winding up of banking business Motor Accidents (Compensation) Commission Act 2014 13 (2) For each financial year during which the Commission carries on the MACC banking business the Treasurer may charge the Commission a prudential supervision fee in respect of that business of an amount determined in accordance with the Determinations. 38 Application of Corporations Act 2001 Except to the extent that the Corporations Act 2001 expressly binds the Crown, the Commission, in carrying on the MACC banking business, is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies. 39 Reference to TIO include Commission A reference in any of the following to the Territory Insurance Office is taken to be a reference to the Commission: (a) sections 50(1), (3), (4) and (5), 51(a), 54(1), (2), (3) and (4) and 73(1)(a) and (2)(a) and (b) of the Agents Licensing Act 1979; (b) section 110(6)(d)(ii) and (8)(d)(ii) of the Associations Act 2003; (c) section 37(1) of the Batchelor Institute of Indigenous Tertiary Education Act 1999; (d) section 32(1) of the Charles Darwin University Act 2003; (e) sections 4(1)(h), 23(2), 27(1) and 28(1) and (2) of the Commercial and Private Agents Licensing Act 1979; (f) section 5 of the Criminal Property Forfeiture Act 2002, definition financial institution, paragraph (d); (g) regulation 11(1)(a) and (b) of the Education (College and School Councils) Regulations 1983; (h) section 3 of the Gaming Machine Act 1995, definition financial institution, paragraph (f); (i) section 68(2) of the Law of Property Act 2000, definition bank; (j) section 3 of the Local Government Act 2008, definition authorised deposit account; (k) section 25(1) of the Menzies School of Health Research Act 1985; -- 15 of 17 -- Part 6 Transitional matters for Motor Accidents (Compensation) Commission Act 2014 Division 3 General matters Motor Accidents (Compensation) Commission Act 2014 14 (l) sections 14(1) and (2), 16(2) and 27(1) and (4) of the Public Trustee Act 1979; (m) section 23(b) of the Salvation Army (Northern Territory) Property Trust Act 1976; (n) section 39(1) of the Superannuation Act 1986; (o) section 35(1) of the Unit Titles Act 1975. Division 3 General matters 40 Definitions In this Division: TIO means the Territory Insurance Office mentioned in section 5(1). TIO Act means the Territory Insurance Office Act 1979 repealed by section 46 of the Territory Insurance Office (Sale) Act 2014. 41 Annual report In the first annual report and financial statements prepared under section 22, the Commission must include a report on the operation of, and financial statements for, TIO for the period after the end of the period covered by TIO's last annual report under the TIO Act. 42 Treasurer's determinations A Determination that was in force under section 33A of the TIO Act immediately before the commencement of this Act continues as a Determination under section 25. 43 Continuation of ongoing matters (1) Anything done or omitted to be done by, to, or in relation to, TIO before the commencement of this Act that is of ongoing effect is to be taken, after that commencement, to have been done or omitted to be done by, to, or in relation to, the Commission. (2) If the thing was done for the purpose of a particular provision of the TIO Act, it is to be taken to have been done for the purposes of the equivalent provision in this Act. -- 16 of 17 -- ENDNOTES Motor Accidents (Compensation) Commission Act 2014 15 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Motor Accidents (Compensation) Commission Act 2014 (Act No. 42, 2014) Assent date 28 November 2014 Commenced 00:01hrs 1 January 2015 (s 2, s 2(4) Territory Insurance Office (Sale) Act 2014 (Act No. 41, 2014) and Gaz S131, 19 December 2014, p 8) Statute Law Revision Act 2017 (Act No. 4, 2017) Assent date 10 March 2017 Commenced 12 April 2017 (Gaz G15, 12 April 2017, p 3) Health Service Act 2021 (Act No. 10, 2021) Assent date 20 May 2021 Commenced 1 July 2021 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: ss 1, 2, 3, 5, 7, 9, 16, 17, 18, 22, 23, 26, 30, 31, 39 and 40. 4 LIST OF AMENDMENTS s 4 hdg amd No. 4, 2017, s 34 s 18 amd No. 10, 2021, s 48 pt 2 hdg amd No. 4, 2017, s 34 s 35 exp No. 42, 2014, s 35(3) -- 17 of 17 --