Homeโ€บBillsโ€บBill 138

๐Ÿ“œ Insurance Legislation Amendment (Motor Vehicle Claims Harvesting) Bill 2023

Bill LapsedLABill 13830 November 2023

This bill amends the Motor Vehicle (Third Party Insurance) Act 1943 and the Insurance Commission of Western Australia Act 1986 to introduce safeguards against 'claims harvesting' in motor vehicle accident claims. It aims to prevent practices like paying for referrals and unsolicited contact to induce claims.

Impact

The bill affects potential claimants, law practices, and the Insurance Commission of Western Australia. It aims to protect vulnerable individuals from exploitation and reduce fraudulent or inflated claims, potentially impacting insurance premiums and legal costs.

Key Changes

["Prohibits giving or receiving consideration for claim referrals.", "Prohibits approaching individuals to solicit, induce, or refer claims.", "Introduces compliance certificate requirements for law practices.", "Establishes pre-action conference procedures for motor vehicle accident claims.", "Grants investigators powers to enforce the Motor Vehicle (Third Party Insurance) Act 1943 Part 5."]

Parliamentary Progress

  1. LA IntroducedLA30 Nov 2023
  2. LA Second Reading MovedLA30 Nov 2023
Affected Sectors
financejusticetransport

Penalty Provisions8 found

๐Ÿ’ฐ Max fine: $10,000criminal
25C(2)Criminalfine

Giving consideration for a claim referral

Fine: $10,000

โ€œPenalty for this subsection: a fine of $10 000.โ€

25C(3)Criminalfine

Receiving consideration for a claim referral

Fine: $10,000

โ€œPenalty for this subsection: a fine of $10 000.โ€

25D(2)Criminalfine

Personally approaching or contacting a potential claimant to solicit, induce, or refer claims

Fine: $10,000

โ€œPenalty for this subsection: a fine of $10 000.โ€

25NCriminalfine

False or misleading compliance certificate

Fine: $10,000

โ€œPenalty for this subsection: a fine of $10 000.โ€

39Criminalfine

Failure of person to comply with lawful requirement of investigator

Fine: $10,000

โ€œPenalty for this subsection: a fine of $10 000.โ€

40Criminalboth

Failure of person to comply with lawful requirement of investigator

Fine: $10,000Imprisonment: 2 years

โ€œPenalty for this subsection: a fine of $10 000 or imprisonment for 2 years.โ€

41DCriminalboth

Other offences about investigations

Fine: $10,000Imprisonment: 2 years

โ€œPenalty for this subsection: a fine of $10 000 or imprisonment for 2 years.โ€

44ACriminalboth

False or misleading information provided to Commission

Fine: $10,000Imprisonment: 2 years

โ€œPenalty for this subsection: a fine of $10 000 or imprisonment for 2 years.โ€

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