New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 10.12

10.12 Motor Accidents Operational Fund (the SIRA Fund)

(cf s 212 MAA)

(1) There is established a Motor Accidents Operational Fund, belonging to and vested in the Authority.

(2) The following is to be paid into the SIRA Fund--

(a) the appropriate proportion of the money contributed by third-party policy holders under this Division in respect of a relevant period (being the proportion that is the required contribution to the SIRA Fund determined under section 10.13 (d) in respect of that relevant period),

(b) the interest from time to time accruing from the investment of the SIRA Fund,

(c) money required to be paid into the SIRA Fund by or under this or any other Act,

(d) all other money received by the Authority in connection with the motor accidents scheme under this Act, and not otherwise appropriated.

(3) The following is to be paid from the SIRA Fund--

(a) the remuneration, allowances, office accommodation and other associated costs of the Board of the Authority and the members of staff of the Authority to the extent that those costs relate to the administration of this Act,

(b) the costs associated with the establishment and operation of the Motor Accidents Division of the Commission arising from this Act, including--

(i) the expenditure incurred by the Commission in providing merit reviews and reviews of merit reviews under this Act, and

(ii) the expenditure incurred by the Commission in providing medical assessments and reviews of medical assessments under this Act,

(b1) the remuneration of the Independent Review Officer (within the meaning of the Personal Injury Commission Act 2020 ) and staff of the Independent Review Officer and costs incurred in connection with the exercise of the functions of the Independent Review Officer arising under this Act,

(c) expenditure incurred by the Authority in the provision of services by the advisory service established under section 7.49,

(d) expenditure incurred by the Authority in the provision of vocational and return to work support under section 3.41,

(e) expenditure incurred by the Authority pursuant to any bulk billing arrangement under Division 10.3,

(f) expenditure incurred by the Authority pursuant to any arrangements under section 10.21 (Payment of workers compensation indemnity on behalf of insurers),

(g) expenditure incurred by the Authority to fund the detection of fraud in connection with the motor accidents scheme under this Act and the prosecution of persons who commit offences against this Act or the regulations,

(h) grants to the LCSA General Fund or the MAITC Benefits Fund pursuant to a direction under subsection (4),

(h1) fees the Authority is required to pay to the Civil and Administrative Tribunal for applications made under the State Insurance and Care Governance Act 2015 , section 26F in connection with the provision of relevant services for the purposes of this Act,

(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,

(i) all payments required to meet expenditure incurred in relation to the functions of the Authority in connection with the motor accidents scheme under this Act, where money is not otherwise provided for that purpose,

(j) all other money required by or under this or any other Act to be paid from the SIRA Fund.

(4) The Authority may direct the payment from the SIRA Fund of any surplus that may arise in the SIRA Fund as a grant to the LCSA General Fund or the MAITC Benefits Fund.

(5) The Authority may invest money in the SIRA Fund that is not immediately required for the purposes of the SIRA Fund--

(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Authority is permitted to invest money under that Part, or

(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.