New South Wales Consolidated Regulations

MOTOR ACCIDENT INJURIES REGULATION 2017

- Made under the Motor Accident Injuries Act 2017
- As at 22 September 2023
- Reg 498 of 2017

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   4.      Meaning of "threshold injury", section 1.6(4) of the Act

   PART 2 - THIRD-PARTY INSURANCE

   5.      Motor vehicles subject to unregistered vehicle permits (section 2.4 (1) (c))
   6.      Cancellation of third-party policies--request for suspension or cancellation of motor vehicle registration (section 2.8 (6) and (9))

   PART 3 - STATUTORY BENEFITS

   7.      Minimum weekly statutory benefits amount (section 3.10)
   8.      Application of provisions of Civil Liability Act 2002 relating to mental harm (section 3.39)
   8A.     Time for making claims (section 6.13(2))

   PART 4 - AWARD OF DAMAGES

   9.      Accommodation or travel for which damages may be awarded (section 4.5)

   PART 5 - DISPUTE RESOLUTION

           Division 1 - Internal review

   10.     Merit review decisions for which internal review not required (section 7.11 (3))
   11.     Miscellaneous dispute decisions for which internal review not required (section 7.41 (3))

           Division 2 - Merit review

   12.     Insurer to notify claimant of review rights (section 7.16 (a))

           Division 3 - Medical assessment

   13.     Grounds for further medical assessment (section 7.24 (2))

           Division 4 - Claims assessment

   14.     Claims exempt from assessment (section 7.34 (1) (a))
   15.     Notification of acceptance or rejection of assessed damages
   16.     Time for payment of assessed damages (section 7.38 (3))

           Division 5 - Miscellaneous claims assessments

   17.     Application of claims assessment provisions (section 7.42 (2))

           Division 6 - Miscellaneous

   18.     Medical matters subject to evidence restriction (section 7.52 (4))

   PART 6 - COSTS

           Division 1 - Preliminary

   19.     Definition
   20.     Costs not regulated by this Part

           Division 2 - Maximum legal and other costs
           Note

   21.     Application of Division
   22.     Fixing of maximum costs recoverable by legal practitioners (sections 8.3 and 8.10)
   23.     Costs not payable for internal review (section 8.3 (1) (c))
   23A.    Certain costs not payable for compensation matter applications (section 8.3(1)(c))
   24.     Excluded matters (section 8.11)
   25.     Maximum costs for matters subject to costs agreement
   26.     Maximum costs for claims made by minors (section 8.3 (1))

           Division 3 - Medico-legal fees and expert witnesses
           Note

   27.     Application of Division
   28.     Maximum fees recoverable by medical practitioner (section 8.4 (1))

           Division 4 - Assessment of claims

   29.     Assessment of costs to produce information (section 8.6(4))
   30.     Costs where claimant does not accept assessed amount of damages
   31.     Costs where insurer does not accept assessed amount of damages

           Division 5 - Other costs matters

   32.     Non-attendance or cancellation of medical assessment (section 7.28 (1) and (3) (d))
   33.     Calculation of private motor vehicle travel expenses for attendance at medical or other assessment or examination (sections 6.27 (5) and 7.28 (5))
   34.     Maximum amounts payable by insurer for treatment and care not provided at hospitals or provided at private hospitals (section 8.9)
   35.     GST may be added to costs

   PART 7 - MISCELLANEOUS

   36.     Service of documents generally (section 11.5 (1) (f))
   37.     Service of documents on Authority (section 11.6 (1) (d))
   38.     Service of documents on Nominal Defendant (section 11.7 (1) (c))
   38A.    Lifetime Care and Support Authority to disclose information to Authority (section 10.15(2) and (3))
   38B.    Determination of maximum amounts for claims handling (section 10.15(3)(b))
   39.     Records relating to collection of Fund levies (section 10.19 (1) (a))
   40.     Determining efficiency of scheme
   41.     Referral fees
   42.     Savings and transitional provision--the Act, Sch 4, cl 1
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3