The CTP Scheme runs according to laws, rules, and contracts between CTP Insurers and the South Australian Government. As well as legislation, the common law also applies to the Scheme.

Rules and contracts

Each CTP Insurer has entered into contracts with the South Australian Government. The CTP Regulator monitors each insurer's performance of these contracts.

These requirements are the same for each insurer, and include the:

Legislation

Part 4 of the Motor Vehicles Act 1959 is about CTP insurance.

It covers:

  • How CTP Insurers are approved
  • Motorists' requirements about the Policy of Insurance and claims
  • Rules about liability decisions
  • The nominal defendant scheme.

The Civil Liability Act 1936 includes laws about eligibility for compensation.

It also covers the Motor Vehicle Accident Injury Accreditation Scheme (MAIAS) and Injury Scale Value (ISV) medical assesments.

The Civil Liability Regulations 2013 include rules about compensation.

Schedule 2 includes the Injury Scale Values.

The Compulsory Third Party Insurance Regulation Act 2016 sets up the CTP Regulator and our functions.

Our functions include regulating CTP Insurers, setting premiums, and providing information to the public.

The Freedom of Information Act 1991 gives everyone the right to access information held by South Australian Government agencies (with some exceptions).

Find out how to make an FOI request with the Regulator.

Legislative instruments

As well as the above laws, there are also legislative instruments in the CTP Scheme:

When somebody buys a brand-new vehicle, it's automatically allocated to a CTP Insurer offering the lowest premium for that type of vehicles.

This is detailed in the auto-allocation scheme.

The insurer allocation scheme explains what happens if somebody hasn't chosen a CTP Insurer.

The scheme's objective is to minimise the risk of a motorist being left unregistered and uninsured on the road.

CTP Insurers can only offer inducements that fall within specified classes approved by the Minister.

The approved class of inducements provides more detail about this.