New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 3.15

3.15 Requirements for evidence as to fitness for work

(1) An injured person must provide to the insurer--

(a) certificates of fitness for work in accordance with this section in respect of the period in respect of which the person is entitled to weekly payments of statutory benefits under this Division, and

(b) a declaration in accordance with the Motor Accident Guidelines as to whether or not the person is engaged in any form of employment or voluntary work for which he or she receives or is entitled to receive payment in money or otherwise or has been so engaged at any time since last providing a certificate under this section.

(2) If a decision to reject a claim for weekly payments of statutory benefits or to cease weekly payments of statutory benefits is set aside, a person is not required to comply with this section in respect of any period from the date that the decision took effect until the day on which the decision is set aside.

(3) A certificate of fitness for work must--

(a) for a first certificate provided by the injured person to the insurer--be a certificate given by a treating medical practitioner in accordance with the Motor Accident Guidelines, and

(a1) for a second or subsequent certificate provided by the injured person to the insurer--be a certificate that complies with the requirements specified in the Motor Accident Guidelines, including the form of the certificate, and

(b) certify as to the person's fitness for work and whether the person has current fitness for work or has no current fitness for work during the period, not exceeding 28 days, stated in the certificate, and

(c) specify the expected duration of the person's unfitness for work.

(3A) To avoid doubt, certificates referred to in subsection (3)(a) and (a1) constitute medical certificates as to an injured person's fitness for work for the purposes of this Act.

(4) A certificate of fitness for work may cover a period exceeding 28 days if--

(a) the person giving the certificate states in the certificate the special reasons why the certificate covers the longer period, and

(b) the insurer is satisfied that, for the special reasons stated, the certificate should be accepted.

(5) A certificate of fitness for work is of no effect to the extent that it relates to a period that is more than 90 days before the certificate is provided by the injured person to the insurer.

(6) An insurer is not required to make weekly payments of statutory benefits to which a person is entitled to under this Division until the person has complied with subsection (1).

(7) If a person fails to comply with a requirement under this section within 7 days, or another period prescribed by the regulations, after the requirement is communicated to the person by the insurer, the insurer may, subject to the Motor Accident Guidelines, suspend payment of weekly payments of statutory benefits to the person under this Division for the period the failure to comply continues.

(8) The person forfeits the person's entitlement to weekly payments of statutory benefits during the period of a suspension.