The Motor Accident Injuries (Lawyer Information Collection) Regulation 2021 (the Regulation) commences on 3 December 2021. The purpose of the Regulation is to ensure that the ACT Government has information on the costs of the MAI Scheme, including legal fees and costs. The regulation is authorised under section 469 of the Motor Accident Injuries Act 2019 for the provision of information, including the amounts paid to applicants and claimants, and the costs and disbursements paid by applicants and claimants
The Regulation requires a lawyer to provide information to the MAI Commission on legal fees and related costs. A lawyer is to provide this information following the representation of a client in relation to either:
- an application under the MAI Act for the external review of an insurer decision by the ACT Civil and Administrative Tribunal (ACAT); or
- a common law motor accident claim under the MAI Act against an insurer.
The information that is required is the period from when the application is made to the ACAT or a notice of claim is given to the insurer until ACAT order, judgement or settlement.
The information is to be provided to the MAI Commission via a standard online form within the Lawyer Portal. The MAI Commission has prepared the Lawyer Portal User Guide (PDF 1.4MB) with step by step instructions on how to provide the required information.