Motor Accidents (Liabilities and Compensation) (Tribunal) Regulations 2019 (Tas)

Motor Accidents (Liabilities and Compensation) (Tribunal) Regulations 2019

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 .

20 May 2019

C. WARNER

Governor

By Her Excellency's Command,

ELISE ARCHER

Minister for Justice

PART 1 - Preliminary

1. Short title These regulations may be cited as the Motor Accidents (Liabilities and Compensation) (Tribunal) Regulations 2019 .

2. Commencement These regulations take effect on 3 June 2019.

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; President has the same meaning as in the Tasmanian Civil and Administrative Tribunal Act 2020 ; reference means a reference to the Tribunal under section 28(2) or (3) of the Act; Registrar has the same meaning as in the Tasmanian Civil and Administrative Tribunal Act 2020 .

PART 2 - Reference to Tribunal

4. Reference to Tribunal (1) In this regulation – relevant document in relation to a matter, means a document that is considered by the Tribunal to be relevant to the matter. (2) A person may refer a matter to the Tribunal under section 28(2) of the Act by giving the President – (a) written notice in the form determined by the Board; and (b) a copy of all relevant documents in the possession of that person. (3) The Board may refer a matter to the Tribunal under section 28(3) of the Act by giving the President– (a) written notice in the form determined by the Board; and (b) a copy of all relevant documents in the possession of the Board. (4) A person is to give notice under subregulation (2)(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 that the Tribunal, on application by the person, considers reasonable. (5) A copy of a notice given under subregulation (2)(a) or subregulation (3)(a) is to be served – (a) on each other party to the reference; and (b) within the period required by subregulation (4) .