What Happened to the WA Motor Vehicle Claims Harvesting Bill 2023?

The short answer: the Insurance Legislation Amendment (Motor Vehicle Claims Harvesting) Bill 2023 lapsed on 17 December 2024 and never became law. None of the changes it proposed apply in Western Australia today. Injured motorists’ rights to claim compensation remain as they were before the Bill was introduced.

However, the issue may not be finished. On 11 November 2025, in the 42nd Parliament, the government was asked whether it would reintroduce the Bill in its previous or an amended form. The response was that the government “continues to take advice on this”. Foyle Legal continues to monitor the position, because proposals of this kind directly affect the rights of injured road users.

What the Bill Was

The Bill was introduced in 2023, stated to target “claims harvesting” — businesses unlawfully gathering accident claims to on-sell to law firms. That stated purpose was uncontroversial. The concern was that the Bill’s actual provisions went much further, and would have reshaped how ordinary injured motorists pursued compensation.

What the Bill Would Have Done

Had it passed, the Bill would have:

• Required a mandatory “pre-action conference” before court proceedings could begin, with strict document-disclosure obligations that would have fallen hardest on unrepresented claimants.
• Exposed claimants to the insurer’s legal costs if they later accepted an amount equal to the pre-action conference offer — in some cases drastically reducing or eliminating their net compensation.
• Prevented recovery of evidence-gathering costs (such as specialist medical reports) incurred after the pre-action conference, making it harder for people of limited means to prove their claims.
• Restricted lawyers from advising on the viability of a claim unless acting for free, with penalties of up to $10,000 (proposed s25D).
• Given the Insurance Commission of WA a policing role over claims while it remained the compensation payer and usual defendant — a structural conflict of interest (proposed s25G).
• Imposed a 28-day window to commence proceedings after a claim notification (proposed s29H) — despite the Limitation Act 2005 already governing time limits.

Why It Was Opposed

The legal profession’s response was strongly critical. The Law Society of Western Australia wrote to the Minister for Transport in March 2024 criticising the lack of consultation and warning that provisions in Part 7 could undermine claimants’ rights to compensation and a fair hearing. The Australian Lawyers Alliance warned in February 2024 that the changes would pressure injured motorists into premature, unfair settlements and restrict access to compensation. Foyle Legal published commentary and video warnings about the risks to injured road users, and public reaction reflected widespread community concern.

The Bill did not proceed. It lapsed when Parliament was prorogued on 17 December 2024.

The Current Position for WA Drivers

If you are injured in a motor vehicle accident in Western Australia today, your rights are governed by the Motor Vehicle (Third Party Insurance) Act 1943 and the CTP scheme administered by the Insurance Commission of WA — unaffected by anything the lapsed Bill proposed:

• There is no pre-action conference requirement and no 28-day window to commence proceedings. The usual limitation period for adults is three years from the date of the accident.
• You remain free to obtain legal advice about your claim, including on a No Win No Fee basis.
• Compensation for pain and suffering (non-pecuniary loss) is subject to WA’s indexed threshold — currently $27,500 — with a maximum of $522,000, updated each 1 July.

For practical guidance, see our motor vehicle accident claims page and our guide to car accident scams and how to avoid them — the conduct the Bill was ostensibly aimed at.

Could It Come Back?

Possibly. The government’s November 2025 statement that it “continues to take advice” means reintroduction in some form remains open. When insurers or government-backed schemes seek to reshape the compensation system, those changes deserve close scrutiny. Foyle Legal will update this page if the position changes.

Last reviewed: 29 July 2026.

References

At Foyle Legal, we prioritize reliable and trustworthy information sourced from leading authorities. Our content is based on up-to-date laws and regulations and validated government data, with sources listed below. To understand our commitment to accuracy and currency in our content, we invite you to review our editorial policy.

• WA Parliament. Progress of Bills — Insurance Legislation Amendment (Motor Vehicle Claims Harvesting) Bill 2023 (lapsed 17 December 2024). Retrieved July 2026: parliament.wa.gov.au
• Australian Lawyers Alliance (February 2024). Injured Motorists Will Pay the Price of Proposed WA Law Changes: lawyersalliance.com.au
• The Law Society of Western Australia (March 2024). Letter to the Deputy Premier; Treasurer; Minister for Transport: lawsocietywa.asn.au