“Applicant” means the Person who starts an IDR, Mediation or Determination dispute process set out
in clause 10, 11 or 12 of the Code.
“Approved Determination Provider” means a person, business, agency or group named in Schedule 2
of the Code.
“Approved Determination Scheme” is a dispute resolution process which follows the completion of
both IDR and Mediation under this Code, as established by the CAC and published on the Code
Website.
“Approved Mediation Provider” means a person, business, agency or group named in Schedule 1 of
the Code.
“Assessor” means an employee, assessing contractor or agent of an Insurer, who is engaged to assess
Motor Vehicle accident damage and/or negotiate Repair Estimates between Insurers and Repairers.
“AUR Training Package” means a national training package as approved by the Australian Government.
“Business Ownership Structure” means the principal owners of the business, or parent entity, which
includes any other Person taking a financial interest in the business ownership.
“CAC” means the Code Administration Committee established in accordance with subclause 12.1 of this
Code.
“Choice of Repairer Policy” means an Insurer’s Policy terms in relation to whether it allows the
Policyholder any choice, or otherwise, as to selection of Repairer.
"Claimant" means a Person covered by a Policy or a Person who has a claim against a Person covered
by a Policy.
“Code” means the voluntary national Motor Vehicle Insurance and Repair Industry Code as agreed by
the Smash Repair and Insurance Industry Implementation Taskforce on 23 May 2006 and any changes
as agreed from time to time by the CAC.
“Code Approved Assessor” means an Assessor who complies with clause 4.3 of this code.
“Code Approved Estimator” means an estimator who complies with clauses 4.4 of this Code.
“Code Website” means www.abrcode.com.au.
“Customer” means a Policyholder and or Claimant.
“Determination” means the binding dispute resolution process referred to in clause 12 of the Code.
“Event” means an ICA classified event.
“ICA” means the Insurance Council of Australia Limited.
“IDR” means Internal Dispute Resolution process established by an Insurer under clause 11.2 of this
Code.
“Industry” means the Motor Vehicle insurance and repair industries in Australia.
“Insurer” means a member of the ICA or any other Person who is in the business of insuring Motor
Vehicles in respect of property damage and which, in the course of its business, engages or authorises
Repairers to perform Repairs to Motor Vehicles.
“Mediation” means the mediation process referred to in clause 11.3 of the Code.
“Mediator” means an independent Person who is appointed to facilitate discussion between the
Parties to a dispute to assist them to find a mutually acceptable resolution to their differences.
“Motor Vehicle” means a motor vehicle covered for damage under a Policy or which the Insurer
otherwise requests the Repairer to Repair.
“MTAA” means the Motor Trades Association of Australia.
“NSR” means a network smash repairer being a Repairer promoted by an Insurer under an
accreditation scheme operated by the Insurer and who is licensed to use the Insurer’s insignia or
trademarks.
“Parties” means the Applicant and the Respondent to a dispute arising under clauses 10, 11 or 12 of
the Code.
“Parts Policy” means the policy established by an Insurer in relation to a Policyholder’s insurance
Policy, which explains the use of repair components in the Repair of the Motor Vehicle, which may
include, but is not limited to, new, recycled (used or second hand) or non-genuine (aftermarket) or
parallel parts.
“PDS” means a product disclosure statement required to be issued by an Insurer under Chapter 7 of
the Corporations Act 2001.
“Person” means an individual or entity within the Industry.
“Policy” means a Motor Vehicle insurance policy over a Motor Vehicle issued by an Insurer, who is a
Signatory to the Code.
“Policyholder” means an individual or entity who holds a Policy for a Motor Vehicle with an Insurer.
“Presentation” means the visual appearance of the repair work performed on the Motor Vehicle.
“Publicly Available” includes being published on the public pages of an Insurer’s websites.
“Repair” or “Repairs” means any work done by a Repairer to repair a Motor Vehicle or any of its
components, systems or parts, where the work is covered by a Policy and where a claim is or will be
made by a Claimant including but not limited to:
(a) dismantling or assembling;
(b) part or component replacement, adjustment, modification, installation or fitting; or
(c) painting.
“Repairer” means any Person lawfully engaged in the business of effecting Repairs to Motor Vehicles in
Australia.
“Repairer Representative Organisation” means the MTAA, any of its member or affiliated associations,
or any other trade group or association representing Repairers.
“Respondent” means the Person with whom the Applicant has a dispute.
“Serious Criminal Offence” means any criminal offence under any Australian law for which an
individual may be liable on first conviction to imprisonment for a period of not less than 2 years.
“Signatories” means those Insurers, Repairers and Repairer Representative Organisations which are
listed on the Code register of Signatories and which have agreed to be bound by the provisions of this
Code and which have not ceased to be bound by the Code.
“Sub-let Repairer” means a Person and/or entity, other than the Repairer, who carries out Repairs on a
vehicle at the request of, or under contract with, the Insurer.
“Sub-let Repairs” means Repairs to be carried out by a Sub-let Repairer.