New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 3.31

3.31 Limits under Guidelines on statutory benefits for particular treatment and care

(1) The Motor Accident Guidelines may include provision for the following in connection with statutory benefits payable under this Division for treatment and care expenses--

(a) limiting the amount of statutory benefits payable for any particular treatment and care,

(b) approving particular treatment and care as appropriate treatment and care in respect of any matter,

(c) limiting services for which statutory benefits are payable to services provided by providers of an approved class or with approved competencies, or who otherwise meet the requirements of the Motor Accident Guidelines.

(2) An insurer is not required to pay statutory benefits for treatment and care expenses under this Division if the treatment and care does not accord with the treatment and care approved under the Motor Accident Guidelines for the matter concerned.

(3) Nothing in this Division prevents an insurer from--

(a) paying treatment and care expenses that the insurer is not required to pay as statutory benefits under this Division, or

(b) approving further treatment and care for the purposes of any claim.

(4) An injured person is not liable to pay, and a person is not entitled to recover from an injured person, the cost of treatment and care provided in respect of an injury suffered in the motor accident concerned if, and to the extent that, the cost of treatment and care exceeds any limit imposed by the Motor Accident Guidelines in respect of the treatment and care.