MOTOR ACCIDENT INJURIES ACT 2017 - As at 1 April 2023 - Act 10 of 2017
- As at 1 April 2023 - Act 10 of 2017Table of Provisions
PART 1 - PRELIMINARY
Division 1.1 - Introductory
Division 1.2 - Interpretation
- 1.4 Definitions
- 1.5 Meaning of "owner" of a motor vehicle
- 1.6 Meaning of "threshold injury"
- 1.7 Determination of threshold degree of permanent impairment of injured person who suffers both physical and psychological/psychiatric injuries
Division 1.3 - Application
- 1.8 Application of Act to motor accidents occurring after commencement of Act
- 1.9 General restrictions on application of Act
- 1.10 Restrictions on application of Act--accident must be insured or work accident
- 1.10A Liability of Nominal Defendant
- 1.11 Application of Part 6 (Motor accident claims), Part 7 (Dispute resolution) and Division 10.3 (Bulk billing arrangements)
PART 2 - THIRD-PARTY INSURANCE
Division 2.1 - Compulsory insurance
- 2.1 Offence of using uninsured motor vehicle on road
- 2.2 Exception from compulsory insurance
Division 2.2 - Insurance policies
- 2.3 Third-party policies
- 2.4 Treatment of certain vehicles for purposes of third-party policy
- 2.5 Issue of certificate of insurance
- 2.6 Evidence of insurance in respect of motor vehicle
- 2.7 Commencement and duration of third-party policy
- 2.8 Cancellation of third-party policies
- 2.9 Risks not insured under third-party policies
- 2.10 Exclusion of acts of terrorism from insurance coverage
- 2.11 Indemnification of insured persons
- 2.12 Liability of licensed insurers and insured persons where correct insurance premiums not paid
- 2.13 Right to recover higher premium resulting from change
- 2.14 Effect of change of ownership of motor vehicle or trader's business
- 2.15 Notice of change of registered particulars relating to motor vehicles
- 2.16 Right of insurer against unauthorised driver of motor vehicle
- 2.17 Extension of indemnity to insured person's estate
- 2.18 Entry of judgment against licensed insurer
Division 2.3 - Insurance premiums
- 2.19 Authority guidelines for the determination of premiums
- 2.20 Third-party premiums
- 2.21 Filing of premiums
- 2.22 Rejection of premiums by Authority
- 2.23 Insurers to disclose profit margins
- 2.24 Risk equalisation
- 2.25 Adjustment of premiums and Fund levies in case of excess profits or excess losses
- 2.26 Special provisions relating to taxis and hire vehicles and other vehicles
Division 2.4 - Uninsured or unidentified motor vehicles
- 2.27 Nominal Defendant 2.28. (Repealed)
- 2.29 Claim against Nominal Defendant where vehicle not insured
- 2.30 Claim against Nominal Defendant where vehicle not identified
- 2.31 Rejection of claim for failure to make due inquiry and search to establish identity of vehicle
- 2.32 Claim against Nominal Defendant where a NSW registered trailer is attached to a motor vehicle not registered in NSW
- 2.33 Exclusion of acts of terrorism from claims against Nominal Defendant
- 2.34 Nominal Defendant as tortfeasor
- 2.35 Payment of claims against Nominal Defendant
- 2.36 Licensed insurers to act for Nominal Defendant
- 2.37 Recovery from owner or driver
- 2.38 Establishment of Nominal Defendant's Fund
- 2.39 Collections for Nominal Defendant's Fund
PART 3 - STATUTORY BENEFITS
Division 3.1 - Entitlement to statutory benefits
- 3.1 Statutory benefits payable in respect of death or injury resulting from motor accident
- 3.2 Statutory benefits payable by relevant insurer
- 3.3 Determination of relevant insurer
Division 3.2 - Statutory benefits for funeral expenses
- 3.4 Statutory benefits for funeral expenses
Division 3.3 - Weekly payments of statutory benefits to injured persons
- 3.5 Definitions
- 3.6 Weekly payments during first entitlement period (first 13 weeks after motor accident)
- 3.7 Weekly payments during second entitlement period (weeks 14-78 after motor accident)
- 3.8 Weekly payments after second entitlement period (after week 78)
- 3.9 Maximum weekly statutory benefits amount
- 3.10 Minimum weekly statutory benefits amount
- 3.11 Cessation of weekly payments after 52 weeks to injured persons most at fault or with threshold injuries
- 3.12 Cessation of weekly payments to other injured persons after maximum weekly payments period
- 3.13 Termination of weekly payments on retiring age
- 3.14 Obligations to provide authorisations and medical evidence
- 3.15 Requirements for evidence as to fitness for work
- 3.16 Decisions about earning capacity
- 3.17 Treatment, rehabilitation and vocational training
- 3.18 Claimant to notify change of circumstances
- 3.19 Notice required before discontinuing or reducing weekly payments
- 3.20 Refund of weekly payments paid after return to employment
- 3.21 Weekly statutory benefits to persons residing outside Australia
- 3.22 Indexation of weekly statutory benefits
- 3.23 Statutory benefits payable fortnightly Note
Division 3.4 - Statutory benefits for treatment and care
- 3.24 Entitlement to statutory benefits for treatment and care
- 3.25 No statutory benefits for gratuitous attendant care services
- 3.26 Statutory benefits for loss of capacity to provide gratuitous domestic services
- 3.27 Verification of expenses
- 3.28 Cessation of statutory benefits after 52 weeks to injured adult persons most at fault or to injured persons with threshold injuries
- 3.29 No statutory benefits for expenses already compensated
- 3.30 Payment of hospital, ambulance, medical and other expenses not covered by bulk billing arrangement
- 3.31 Limits under Guidelines on statutory benefits for particular treatment and care
- 3.32 No treatment and care statutory benefits for treatment and care needs covered by Lifetime Care and Support Scheme
- 3.33 Treatment and care provided while persons residing outside Australia
Division 3.5 - Restrictions and limitations on statutory benefits
- 3.34 Effect of death on entitlement to statutory benefits
- 3.35 No statutory benefits if workers compensation payable
- 3.36 No statutory benefits for at-fault driver or owner if vehicle uninsured
- 3.37 No statutory benefits payable to injured person who commits serious driving offence
- 3.38 Reduction of weekly statutory benefits after 12 months for contributory negligence
- 3.39 Limitation on statutory benefits in relation to certain mental harm
- 3.40 Effect of recovery of damages on statutory benefits
Division 3.6 - Miscellaneous
- 3.41 Vocational and return to work support provided by Authority
- 3.42 Statutory benefits claim cannot be redeemed
- 3.43 Recovery of overpayments of statutory benefits
- 3.44 Statutory benefits determinations relating to fault etc not binding in relation to common law claims
- 3.45 Special provisions relating to payment of statutory benefits for treatment and care by Lifetime Care and Support Authority as relevant insurer
PART 4 - AWARD OF DAMAGES
Division 4.1 - Application
- 4.1 Damages in respect of motor accidents
- 4.2 General regulation of award of damages
- 4.3 Damages that may be awarded
- 4.4 No damages for threshold injuries
Division 4.2 - Damages for economic loss
- 4.5 Limits on economic loss
- 4.6 Maximum for loss of earnings etc
- 4.7 Future economic loss--claimant's prospects and adjustments
- 4.8 Assessment of impairment of earning capacity if dispute over degree of impairment
- 4.9 Damages for future economic loss--discount rate
- 4.10 Economic loss reduction
Division 4.3 - Damages for non-economic loss
- 4.11 No damages for non-economic loss unless permanent impairment greater than impairment threshold
- 4.12 Assessment of permanent impairment required if dispute over impairment threshold
- 4.13 Maximum of amount of damages for non-economic loss
- 4.14 Publication of information to assist determination of non-economic loss
Division 4.4 - Other matters
- 4.15 Mitigation of damages
- 4.16 Payment of interest
- 4.17 Contributory negligence--generally
- 4.18 Defence of voluntary assumption of risk
- 4.19 Standard of care not affected by knowledge of driver's skill and experience
- 4.20 Exemplary or punitive damages
- 4.21 Apportionment of damages
- 4.22 Indexation of maximum for non-economic loss damages
PART 5 - RECOVERY FOR NO-FAULT MOTOR ACCIDENTS
- 5.1 Definition of "no-fault motor accident"
- 5.2 Liability in case of no-fault motor accident
- 5.3 Presumption that motor accident is no-fault
- 5.4 No recovery of damages for driver who caused accident
- 5.5 Contributory negligence
- 5.6 Recovery of contribution to damages from person actually at fault
- 5.7 No recovery by Nominal Defendant unless owner or driver actually at fault
- 5.8 Other entitlements not affected
PART 6 - MOTOR ACCIDENT CLAIMS
Division 6.1 - Preliminary
- 6.1 Motor Accident Guidelines may deal with the handling of claims
- 6.2 Meaning of "full and satisfactory explanation" by claimant
Division 6.2 - General duties of claimants and insurers
- 6.3 Duty of claimants and insurers to act with good faith
- 6.4 Duty of claimants and insurers to try to resolve claim justly and expeditiously
- 6.5 Duty of claimants to minimise loss
- 6.6 Directions for compliance with duties
- 6.7 Reports to Authority on compliance
Division 6.3 - Preliminary matters relating to claims
- 6.8 Motor accident verification requirements
- 6.9 Compliance with verification requirements--claim for statutory benefits
- 6.10 Compliance with verification requirements--claim for damages
- 6.11 Authority's access to police information
- 6.12 Notice of claims for statutory benefits or damages
- 6.13 Time for making of claims for statutory benefits
- 6.14 Time for making of claims for damages
- 6.15 How notice of claims given
- 6.16 Insured not to admit liability or act in respect of claim
- 6.17 Power of insurer to act for insured
- 6.18 Power of insurer to intervene in legal proceedings
Division 6.4 - Dealing with claims
- 6.19 Acceptance of liability for claim for statutory benefits
- 6.20 Duty of insurer with respect to admission or denial of liability in claim for damages
- 6.21 Costs penalty for unreasonable denial of liability
- 6.22 Duty of insurer to make offer of settlement on claim for damages
- 6.23 Restrictions on settlement of claim for damages
- 6.24 Duty of claimant to co-operate with other party
- 6.25 Duty of claimant to provide relevant particulars of claim for damages
- 6.26 Consequences of failure to provide relevant particulars of claim for damages
- 6.27 Medical and other examination of claimant
- 6.28 Duty of owner and driver to co-operate with insurer
Division 6.5 - Court proceedings on claims for damages
- 6.29 Application
- 6.30 Forum for court proceedings
- 6.31 Claims assessment or exemption pre-condition for commencement of court proceedings
- 6.32 Time limitations on commencement of court proceedings
- 6.33 Insurer may require claimant to commence court proceedings
- 6.34 Matter to be remitted for further claims assessment where significant new evidence produced in court proceedings
- 6.35 Presumption of agency
- 6.36 Proceedings against insurer if insured dead or unable to be served
- 6.37 Proof of inability to serve process and give notice
- 6.38 Disclosure of offers or assessment by Commission
Division 6.6 - Fraud in relation to claims
- 6.39 Licensed insurers to deter fraudulent claims
- 6.40 False or misleading claims
- 6.41 Fraud on motor accidents injuries scheme
- 6.42 Remedy available where claim fraudulent
- 6.43 Joinder of insurer where false claim alleged
PART 7 - DISPUTE RESOLUTION
Division 7.1 - Preliminary
Division 7.2 - (Repealed)
NoneDivision 7.3 - Internal review
Division 7.4 - Merit review
- 7.10 Definitions
- 7.11 Internal review required before making merit review application
- 7.12 Application for merit review
- 7.13 Determination of merit review application
- 7.13A Merit reviewer may assess costs
- 7.14 Effect of merit review decision
- 7.15 Review of merit review decision by review panel
- 7.16 Regulations
Division 7.5 - Medical assessment
- 7.17 Definitions
- 7.18 Application of Division to treatment and care needs covered by Lifetime Care and Support Scheme
- 7.19 Internal review required before medical assessment
- 7.20 Medical assessment procedures
- 7.21 Assessment of degree of permanent impairment
- 7.22 Interim assessment of permanent impairment
- 7.23 Status of medical assessments
- 7.24 Further medical assessment after initial medical assessment
- 7.25 Agreement between parties as to matters in dispute--further assessments and reviews
- 7.26 Review of medical assessment by review panel
- 7.27 Non-binding opinion of medical assessor
- 7.28 Costs of medical assessment 7.29. (Repealed)
Division 7.6 - Claims assessment
Subdivision 1 - Preliminary- 7.30 Definitions
- 7.31 Application Subdivision 2 - Assessment of claims for damages
- 7.32 Reference of claim 7.33. (Repealed)
- 7.34 Claims exempt from assessment 7.35. (Repealed)
- 7.36 Assessment of claims
- 7.37 Commission may assess costs
- 7.38 Status of assessments 7.39. (Repealed) Subdivision 3 - Miscellaneous claims assessments
- 7.40 Definitions
- 7.41 Internal review required before miscellaneous claims assessment
- 7.42 Assessment of miscellaneous disputes in connection with claims Subdivision 4 - (Repealed) None
Division 7.7 - Miscellaneous
- 7.46 Compliance with Commission legislation is condition of insurer's licence
- 7.47 Persons under legal incapacity
- 7.48 Effect of decisions under this Part
- 7.49 Advisory service 7.50. (Repealed)
- 7.51 Amendment of Schedule 2
- 7.52 Restriction on health practitioners who may give evidence in court and other dispute resolution proceedings
PART 8 - COSTS AND FEES
- 8.1 Definitions
- 8.2 Application to legal costs
- 8.3 Regulations fixing maximum costs etc recoverable by Australian legal practitioners
- 8.4 Maximum fees recoverable by health practitioners for medico-legal services
- 8.5 Costs where court proceedings and no claims assessment
- 8.6 Other matters relating to costs
- 8.7 Court fees
- 8.8 Claims assessment fees
- 8.9 Maximum fees payable by insurers for treatment and care not provided at hospitals or provided at private hospitals
- 8.10 Recovery of costs and expenses in relation to claims for statutory benefits
- 8.11 Exclusion of matters from this Part
PART 9 - INSURERS
Division 9.1 - Licensing of insurers
- 9.1 Offence--unlicensed insurers
- 9.2 Applications for licences
- 9.3 Determination of application for licence
- 9.4 Duration of licences
- 9.5 Conditions of licences
- 9.6 Matters that may be regulated by conditions of licences
- 9.7 Matters not subject to conditions of licences
- 9.7A Condition of licence not to engage excluded service providers
- 9.8 Assignment of licences
- 9.9 Suspension of licences
- 9.10 Imposition of civil penalty on or censure of licensed insurer
- 9.11 Cancellation of licences
- 9.12 Assignment of policies following cancellation of licence and in other cases
- 9.13 Records and evidence relating to licences
- 9.14 Administrative reviews of licensing decisions by Civil and Administrative Tribunal
- 9.15 Publication of information about insurers
Division 9.2 - Supervision of licensed insurers
- 9.16 Authority guidelines for market practice
- 9.17 Determination of market share of each insurer
- 9.18 Business plans of licensed insurers
- 9.19 Re-insurance arrangements of licensed insurers
- 9.20 Investment of funds of licensed insurer
- 9.21 Accounts, returns and other records of licensed insurer
- 9.22 Audit of accounting and other records and performance audit
- 9.23 Information and documents as to business and finances to be supplied to Authority by insurers and former insurers
- 9.24 Reports about insurers
- 9.25 Power of Supreme Court to deal with insurers unable to meet liabilities
- 9.26 Notification to Authority of certain defaults in relation to insurers
- 9.27 Proceedings for failure to comply with licence
Division 9.3 - Self-insurance for government bodies
- 9.28 Definitions
- 9.29 Government bodies may be approved as self-insurers
- 9.30 Self-insurers deemed to be licensed insurers
- 9.31 Application of relevant Acts to self-insurers and self-insurer policies
- 9.32 SICorp as self-insurer
Division 9.4 - Insolvent insurers
- 9.33 Interpretation
- 9.34 Insolvent insurers
- 9.35 Liquidator to notify Nominal Defendant of claims
- 9.36 Delivery of documents to Nominal Defendant
- 9.37 Appointment of Nominal Defendant as agent and attorney of insured
- 9.38 Payments to insured or liquidator
- 9.39 Application of Nominal Defendant's Fund
- 9.40 Recovery of amounts under contracts or arrangements for re-insurance
- 9.41 Payments of compensation when insolvent insurer dissolved
- 9.42 Borrowings for the purposes of the Nominal Defendant's Fund
- 9.43 Inspection of documents by person authorised by Minister
- 9.44 Nominal Defendant may take certain legal proceedings
- 9.45 Insurers or other persons may act for Nominal Defendant
- 9.46 Regulations
PART 10 - ADMINISTRATION
Division 10.1 - Functions of Authority
Division 10.2 - Motor Accident Guidelines
- 10.2 Motor Accident Guidelines of Authority
- 10.3 Special provision relating to insurance premiums matters in Guidelines
- 10.4 Special provision relating to medical matters in Guidelines
- 10.5 Consultation with insurance and legal stakeholders on Guidelines
- 10.6 Publication and Parliamentary scrutiny of Guidelines
- 10.7 Compliance with Guidelines condition of insurer's licence
- 10.8 Regulations relating to Guidelines
Division 10.3 - Bulk billing arrangements
- 10.9 Bulk billing arrangements for hospital, ambulance and other expenses
- 10.10 Application of Division to treatment and care needs covered by Lifetime Care and Support Scheme
Division 10.4 - Financial provisions
- 10.11 Definitions
- 10.12 Motor Accidents Operational Fund (the SIRA Fund)
- 10.13 Assessment by Authority of amount to be contributed to SIRA Fund
- 10.14 Motor Accident Injuries Treatment and Care Benefits Fund (the MAITC Benefits Fund)
- 10.15 Assessment by Lifetime Care and Support Authority of amount to be contributed to MAITC Benefits Fund
- 10.16 Fund levy contribution by persons to whom third-party policies issued
- 10.17 Payment and collection of Fund levy
- 10.18 Refund of Fund levy
- 10.19 Records relating to collection of Fund levies
- 10.20 Audit of Fund levy records
- 10.21 Payment of workers compensation indemnity on behalf of insurers
Division 10.5 - Information collection and sharing
- 10.22 Definitions
- 10.23 General data gathering, exchange, etc, by Authority, licensed insurers and relevant insurance or compensation authorities
- 10.24 Data required to be supplied to Authority by insurers
- 10.25 Claims register
Division 10.6 - Investigative powers
- 10.26 Definitions
- 10.27 Appointment of investigation officers
- 10.28 Powers of entry and inspection by investigation officers
- 10.29 Search warrant
- 10.30 Power to obtain information, documents and evidence
- 10.31 Protection from incrimination
- 10.32 Investigation officer may request assistance
PART 11 - MISCELLANEOUS
- 11.1A Trauma support service
- 11.1 No contracting out of Act
- 11.2 Secrecy of information obtained from or relating to insurers or proposed insurers etc
- 11.3 Act to bind Crown
- 11.4 Certificate evidence
- 11.5 Service of documents generally
- 11.6 Service of documents on Authority
- 11.7 Service of documents on Nominal Defendant
- 11.8 Offences by corporations
- 11.9 Proceedings for offences
- 11.10 Penalty notices
- 11.11 Regulation of advertising and other marketing of services
- 11.12 Regulations generally
- 11.13 Review of Act
- SCHEDULE 1
- SCHEDULE 2 Schedule 3 (Repealed)
- SCHEDULE 4 Schedule 5 (Repealed)