Motor Vehicle (Third Party Insurance) Act 1943 (WA)

Western Australia Motor Vehicle (Third Party Insurance) Act 1943 Western Australia Motor Vehicle (Third Party Insurance) Act 1943 Contents 1. Short title and commencement 1 2. This Act to be read with the Road Traffic (Vehicles) Act 1 3. Terms used 1 3A. Application of sections 3C and 3D 1 3B. Limit on powers of courts 1 3C. Restrictions on damages for non‑pecuniary loss 1 3D. Restrictions on damages for provision of home care services 1 3E. Causes of action to which restrictions on damages apply 1 3EA. Restrictions on damages if payments received under CISS 1 3F. Restriction on damages for loss relating to earning capacity 1 3FA. Restrictions on damages to be part of the substantive law 1 3FB. Damages for treatment, care and support needs: catastrophic injury 1 3G. Liability of employers 1 3Q. Director General's functions 1 3QA. Agreements for performance of functions 1 3QB. Delegation 1 3R. Issue of policies of insurance 1 3S. Further powers of the Commission 1 3T. Premiums 1 4. Insurance against third party risks 1 6. Requirements in respect of policies 1 6A. Insurance relating to catastrophic injury 1 7. Liability of the Commission 1 8. Special provisions in relation to uninsured motor vehicles 1 10. Duties of owner or insured person 1 11. Power of the Commission to deal with claims against insured persons 1 12. Emergency treatment 1 14. Recovery of payment for emergency treatment 1 15. Right of the Commission against unauthorised drivers 1 16. Jurisdiction 1 17. Insurance by visiting motorists 1 18. Power to suspend or cancel licences 1 19. Commission not to terminate policy 1 20. Policy of insurance to continue notwithstanding change of ownership of vehicle 1 21. Term of policy of insurance extended in certain cases 1 22. Provision regarding motor vehicle of employee used by employee in employer's business 1 23. Policies to give cover required by amending Acts 1 24. Reference to issue of policy to extend to renewal of policy 1 25. Information to be furnished by the Commission 1 26. Contracting out of liability for negligence 1 27. Soliciting instructions from persons claiming 1 27A. Costs between solicitor and client 1 27B. False or misleading information 1 27C. Obstruction 1 28. Offences: general penalty 1 29. Notice of claim 1 29A. Court may grant leave to proceed 1 30. Examination of injured person by health professional 1 33. Regulations 1 34. Transitional provision for Motor Vehicle (Catastrophic Injuries) Act 2016 1 Schedule — Form of insurance policy Notes Compilation table 1 Other notes 1 Defined terms Western Australia Motor Vehicle (Third Party Insurance) Act 1943 An Act to require owners of motor vehicles whilst on a road, to be insured against liability in respect of deaths or bodily injuries directly caused by, or by the driving of, such motor vehicles, whether caused on or off a road, to make certain provisions in relation to such insurance and in relation to the awarding of damages in respect of such bodily injuries, and for other purposes. [Long title amended: No. 95 of 1966 s. 3; No. 42 of 1972 s. 3; No. 107 of 1987 s. 4; No. 13 of 1994 s. 4; No. 17 of 1994 s. 4.]