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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Motor Accident Injuries Amendment Bill 2022
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Motor Accident Injuries Act 2017 No 10 3
Schedule 2 Amendment of Motor Accident Injuries Regulation 2017 10
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2022
New South Wales
Motor Accident Injuries Amendment Bill 2022
Act No , 2022
An Act to make miscellaneous amendments to the Motor Accident Injuries Act 2017 and
regulations under the Act following a statutory review of the Act.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Motor Accident Injuries Amendment Bill 2022 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Motor Accident Injuries Amendment Act 2022.
2 Commencement
This Act commences as follows--
(a) for Schedule 1[10]-[14], [19], [24], [25], [30], [31], [34]-[45], [52] and [53]--
on the date of assent to this Act,
(b) otherwise--on 1 April 2023 or a later day or days appointed by proclamation.
Page 2
Motor Accident Injuries Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Motor Accident Injuries Act 2017 No 10
Schedule 1 Amendment of Motor Accident Injuries Act 2017
No 10
[1] Section 1.3 Objects of Act
Omit "minor injuries" from section 1.3(2)(d).
Insert instead "soft tissue injuries and psychological or psychiatric injuries that are not
recognised psychiatric illnesses".
[2] Section 1.4 Definitions
Omit the definition of minor injury from section 1.4(1).
[3] Section 1.4(1)
Insert in alphabetical order--
threshold injury--see section 1.6.
[4] Section 1.6, heading
Omit the heading. Insert instead--
1.6 Meaning of "threshold injury"
[5] Section 1.6(1)
Omit the subsection. Insert instead--
(1) For the purposes of this Act, a threshold injury is, subject to this section, one
or more of the following--
(a) a soft tissue injury,
(b) a psychological or psychiatric injury that is not a recognised psychiatric
illness.
[6] Section 1.6(3)
Omit the subsection.
[7] Section 1.6(4)(a)
Omit "soft tissue injury or from being a minor psychological or psychiatric injury".
Insert instead "threshold injury".
[8] Section 1.6(4)(b)
Omit "soft tissue injury or as a minor psychological or psychiatric injury".
Insert instead "threshold injury".
[9] Section 1.6(5)
Omit "minor injury". Insert instead "threshold injury".
[10] Section 1.10A
Insert after section 1.10--
1.10A Liability of Nominal Defendant
The provisions of this Act relating to the liability of the Nominal Defendant in
connection with a motor accident apply to a claim for statutory benefits in the
same way as they apply to a claim for damages, subject to--
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Motor Accident Injuries Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Motor Accident Injuries Act 2017 No 10
(a) necessary modifications, and
(b) modifications prescribed by the regulations.
[11] Section 2.25 Adjustment of premiums and Fund levies in case of excess profits or
excess losses
Insert "or minimise" after "avoid" wherever occurring in section 2.25(1)-(5).
[12] Section 2.25
Insert after section 2.25(2)--
(2A) The Motor Accident Guidelines may include provision for the adjustment of
premiums and Fund levies under Division 10.4 for the purposes of this clause
to take into account innovations implemented by insurers to promote the
objects of this Act.
[13] Section 2.27 Nominal Defendant
Insert at the end of the section--
Note-- See section 1.10A for the application of this Division to statutory benefits.
[14] Section 2.28 Application of Division to statutory benefits
Omit the section.
[15] Section 3.11, heading
Omit the heading. Insert instead--
3.11 Cessation of weekly payments after 52 weeks to injured persons most at fault
or with threshold injuries
[16] Section 3.11(1)
Omit "26 weeks". Insert instead "52 weeks".
[17] Section 3.11(1)(b)
Omit "minor injuries". Insert instead "threshold injuries".
[18] Section 3.11, note
Omit "26 weeks". Insert instead "52 weeks".
[19] Section 3.24 Entitlement to statutory benefits for treatment and care
Insert at the end of the section--
(3) The Motor Accident Guidelines may provide for--
(a) circumstances in which the cost of treatment and care is taken to be
reasonable for the purposes of this section, and
(b) circumstances in which treatment and care is taken to be reasonable and
necessary for the purposes of subsection (2).
Note-- See Part 7 and Schedule 2 for provisions relating to disputes about whether
treatment and care, or the cost or treatment and care, provided or to be provided to an
injured person is reasonable and necessary.
[20] Section 3.28, heading
Omit the heading. Insert instead--
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Motor Accident Injuries Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Motor Accident Injuries Act 2017 No 10
3.28 Cessation of statutory benefits after 52 weeks to injured adult persons most at
fault or to injured persons with threshold injuries
[21] Section 3.28(1)
Omit "26 weeks". Insert instead "52 weeks".
[22] Section 3.28(1)(b)
Omit "minor injuries". Insert instead "threshold injuries".
[23] Section 3.28(3)
Omit the subsection.
[24] Section 3.31 Limits under Guidelines on statutory benefits for particular treatment
and care
Omit "attendant care" from section 3.31(1)(c).
[25] Section 3.31(1)(c)
Insert instead ", or who otherwise meet the requirements of the Motor Accident Guidelines"
after "approved competencies".
[26] Section 3.38, heading
Omit "6 months". Insert instead "12 months".
[27] Section 3.38(1)
Omit "26 weeks". Insert instead "52 weeks".
[28] Section 4.4, heading
Omit the heading. Insert instead--
4.4 No damages for threshold injuries
[29] Section 4.4
Omit "minor injuries". Insert instead "threshold injuries".
[30] Section 6.13 Time for making of claims for statutory benefits
Insert ", unless permitted by the regulations" after "claim is made" in section 6.13(2).
[31] Section 6.14 Time for making of claims for damages
Omit section 6.14(1).
[32] Section 6.19 Acceptance of liability for claim for statutory benefits
Omit "26 weeks" wherever occurring in section 6.19(1) and (2).
Insert instead "52 weeks".
[33] Section 6.19(2) and (3)
Omit "3 months" wherever occurring. Insert instead "9 months".
[34] Section 6.23 Restrictions on settlement of claim for damages
Omit section 6.23(1).
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Motor Accident Injuries Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Motor Accident Injuries Act 2017 No 10
[35] Section 6.27 Medical and other examination of claimant
Insert after section 6.27(1)--
(1A) If the Motor Accident Guidelines require an assessment for the purposes of
subsection (1)(b) or (c) to be conducted by a person authorised by the
Guidelines, the claimant is not required to undergo the assessment unless it is
conducted by a person so authorised.
(1B) The Motor Accident Guidelines may make provision for or in relation to the
appointment of persons authorised to conduct assessments for the purposes of
subsection (1)(b) or (c).
[36] Section 6.27(2)
Omit "Any such examination or assessment".
Insert instead "An examination or assessment under subsection (1)".
[37] Section 7.19 Internal review required before medical assessment
Insert after section 7.19(2)--
(2A) This section does not apply to a medical dispute about the degree of permanent
impairment of the injured person that has resulted from injury caused by the
motor accident.
[38] Section 7.33 Time limits for referring claims and making assessment
Omit the section.
[39] Section 9.10 Imposition of civil penalty on or censure of licensed insurer
Insert ", or in addition to," after "instead of" in section 9.10(1).
[40] Section 9.10(2) and (3)
Omit the subsections. Insert instead--
(2) Before imposing a civil penalty, the Authority must give the licensed insurer
a reasonable opportunity to make submissions in relation to the alleged
contravention.
[41] Section 9.14 Administrative reviews of licensing decisions by Civil and
Administrative Tribunal
Omit "fine" from section 9.14(1)(f). Insert instead "civil penalty".
[42] Section 10.12 Motor Accidents Operational Fund (the SIRA Fund)
Insert after section 10.12(3)(h1)--
(h2) expenditure incurred by the Authority in the provision of a trauma
support service established under section 11.1A,
(h3) the amount of legal costs the Authority determines are to be reimbursed
to claimants who are parties to court proceedings significantly
impacting the sustainability and affordability of the motor accidents
scheme under this Act,
[43] Section 10.15 Assessment by Lifetime Care and Support Authority of amount to be
contributed to MAITC Benefits Fund
Insert at the end of the section--
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Motor Accident Injuries Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Motor Accident Injuries Act 2017 No 10
(2) The regulations may make provision in relation to the determination of
amounts for the purposes of subsection (1)(b) to be set aside for the exercise
of the functions of the Lifetime Care and Support Authority relating to the
administration of this Act as the relevant insurer under section 3.2(3).
(3) Without limiting subsection (2), the regulations may--
(a) require the Lifetime Care and Support Authority to disclose to the
Authority information relating to--
(i) payments of statutory benefits for treatment and care that the
Lifetime Care and Support Authority is required to make under
Division 3.4, and
(ii) other significant matters that are likely to have a material
financial impact on the motor accidents scheme under this Act,
and
(b) authorise the Authority to determine maximum amounts that may be
determined by the Lifetime Care and Support Authority in relation to
the cost of claims handling.
(4) The Authority may only determine maximum amounts for the purposes of
subsection (3)(b) if it is satisfied that the amounts are reasonable to enable the
Lifetime Care and Support Authority to exercise its functions under this Act.
(5) The Minister is not to recommend the making of a regulation under subsection
(2) or (3) unless the Minister certifies that--
(a) the Minister administering the Motor Accidents (Lifetime Care and
Support) Act 2006 has been consulted about the proposed regulation,
and
(b) the Lifetime Care and Support Authority has been consulted about the
proposed regulation.
[44] Section 11.1A
Insert before section 11.1--
11.1A Trauma support service
(1) The Authority may establish in association with its operations a trauma
support service for members of the family of persons who have been injured
or who have died as a result of motor accidents.
(2) The trauma support service is to provide support determined by the Authority
immediately after a motor accident to members of the family of persons who
have been injured or who have died as a result of the motor accident.
[45] Section 11.13 Review of Act
Omit section 11.13(2). Insert instead--
(2) A review under this section is to be undertaken--
(a) as soon as practicable after the period of 3 years from the
commencement of the Motor Accident Injuries Amendment Act 2022,
and
(b) every 5 years after the period of 3 years referred to in paragraph (a).
(2A) A report of the outcome of each review is to be tabled in each House of
Parliament within 12 months after the end of the period for undertaking the
review.
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Motor Accident Injuries Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Motor Accident Injuries Act 2017 No 10
[46] Schedule 2 Matters for the purposes of Part 7
Omit clause 1(l) and (m).
[47] Schedule 2, clause 2(c)
Omit the paragraph.
[48] Schedule 2, clause 2(e)
Omit "minor injury". Insert instead "threshold injury".
[49] Schedule 2, clause 3(d)
Omit "to injured persons most at fault or with minor injuries after 26 weeks) the motor
accident concerned was caused by the fault of another".
Insert instead "after 52 weeks to injured persons most at fault or with threshold injuries) the
motor accident concerned was caused wholly or mostly by the fault of the injured".
[50] Schedule 2, clause 3(e)
Omit "26 weeks to injured adult persons most at fault or to injured persons with minor
injuries) or 3.36 (No statutory benefits for at-fault driver or owner if vehicle uninsured) the
motor accident was caused".
Insert instead "52 weeks to injured adult persons most at fault or to injured persons with
threshold injuries) or 3.36 (No statutory benefits for at-fault driver or owner if vehicle
uninsured) the motor accident was caused wholly or".
[51] Schedule 2, clause 3(g)
Omit "6 months". Insert instead "12 months".
[52] Schedule 2, clause 3(k)
Insert ", including statutory benefits for a period before a claim is made," after "payment of
statutory benefits".
[53] Schedule 4 Savings, transitional and other provisions
Insert at the end of the Schedule with appropriate Part and clause numbering--
Part Provisions consequent on enactment of Motor
Accident Injuries Amendment Act 2022
Definition
In this Part--
2022 amending Act means the Motor Accident Injuries Amendment Act 2022.
Application of amendments
Except as provided by this Part or the regulations, an amendment made to this
Act by the 2022 amending Act extends to--
(a) a motor accident occurring before the commencement of the
amendment, but not before 1 December 2017, and
(b) a claim for statutory benefits or damages made before the
commencement of the amendment, but not before 1 December 2017,
and
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Motor Accident Injuries Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Motor Accident Injuries Act 2017 No 10
(c) proceedings pending before a merit reviewer, a medical assessor, a
claims assessor or a court immediately before the commencement of the
amendment.
Statutory benefits after 26 weeks
An amendment made to this Act by the 2022 amending Act, Schedule 1[16],
[18], [21], [23], [26], [27] or [51] or Schedule 2[7] does not apply to a motor
accident occurring before the commencement of the amendment.
Acceptance of liability
An amendment made to this Act by the 2022 amending Act, Schedule 1[32] or
[33] does not apply to a motor accident occurring before the commencement
of the amendment.
Internal review
The amendment made to this Act by the 2022 amending Act, Schedule 1[37]
does not apply to a decision of an insurer made before the commencement of
the amendment about the degree of permanent impairment of an injured
person.
Page 9
Motor Accident Injuries Amendment Bill 2022 [NSW]
Schedule 2 Amendment of Motor Accident Injuries Regulation 2017
Schedule 2 Amendment of Motor Accident Injuries
Regulation 2017
[1] Clause 4 Meaning of "minor injury"
Omit the heading to clause 4. Insert instead--
4 Meaning of "threshold injury", section 1.6(4) of the Act
[2] Clause 4(2)
Omit "minor psychological or psychiatric injury". Insert instead "threshold injury".
[3] Clause 4(2), note
Omit "minor injury". Insert instead "threshold injury".
[4] Clause 18 Medical matters subject to evidence restriction (section 7.52 (4))
Omit "minor injuries" from clause 18(b). Insert instead "threshold injuries".
[5] Clause 18(d)
Omit "minor injury". Insert instead "threshold injury".
[6] Schedule 1 Maximum costs for legal services
Omit "minor injuries" wherever occurring in Schedule 1, Part 1, clause 3(2)(d) and (e).
Insert instead "threshold injury".
[7] Schedule 1, Part 1, clause 3(2)(g)
Omit "6 months". Insert instead "12 months".
Page 10
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