The Scheme is subject to legislation, common law and contracts between the State and the approved CTP Insurers.

Legislation

Motor Vehicles Act 1959 (MV Act)

Part 4 of the MV Act is about Third Party Insurance. It covers the approval of CTP Insurers, the requirements of CTP Insurers and motorists in regards to the policy of insurance and claims, liability requirements and the nominal defendant scheme.

Part 4 of the MV Act also creates the Motor Vehicles (Third Party Insurance) Regulations 2013 which include the claim for compensation and the liability of an insurer to pay treatment, care and support costs.

Instruments have been made under Part 4 of the MV Act to operationalise elements of the competitive CTP Scheme. See more information on the instruments.

Civil Liability Act 1936

The Civil Liability Act 1936 covers eligibility for compensation and fixed statutory reductions to the compensation amount. See more information on eligibility for compensation. It also covers the assessment of motor vehicle injuries by medical professionals establishing the Motor Accident Injury Accreditation Scheme (MAIAS). See more information on independent medical assessments and the MAIAS.

The Civil Liability Regulations 2013 include the Injury Scale Values.

Compulsory Third Party Insurance Regulation Act 2016 (the Act)

This Act establishes the CTP Regulator and defines its functions. These functions include regulating CTP Insurers, monitoring the Scheme and determining premiums. The functions are detailed on the CTP Regulator page.

Freedom of Information Act 1991 (FOI Act)

The FOI Act gives members of the public a legally enforceable right to access information held by South Australian government agencies, subject to certain exemptions. Find out how to make an FOI request with the Regulator.

Contracts between the State and the CTP Insurers

All CTP Insurers have entered into a contract with the State that sets their obligations to the Scheme. A function of the CTP Regulator is to monitor the CTP Insurers performance against these contracts. The contracts, known as the Scheme Documents, are identical and include the CTP Insurer Deed and Regulator Rules and Commercial Deed and Commercial Rules.

The Regulator Rules and Commercial Rules can be amended as required. The Deeds above include the version of the Commercial Rules and Regulator Rules as executed for 1 July 2019.

The Regulator Rules have undergone a number of amendments since their commencement. See more information on the Regulator Rules, including historic versions.