New South Wales Consolidated Regulations

MOTOR ACCIDENT INJURIES REGULATION 2017 - REG 40

40 Determining efficiency of scheme

(1) The object of this clause is to enable the Authority to obtain information about costs in order to advise the Minister as to the efficiency and effectiveness of the motor accidents scheme under the Act.

(2) It is the duty of an Australian legal practitioner who represents a claimant when a claim is finalised (regardless of whether damages are to be paid to the claimant) to ensure that the Authority is provided, in the manner and time approved by the Authority, with a costs breakdown in relation to the claim.

(3) The duty in subclause (2) applies to all claims regardless of whether the claim is exempt from assessment under section 7.34 of the Act. However, the duty does not apply to a claim in a motor accidents matter if the claimant incurs no legal fees in the matter.

(4) If a barrister and a solicitor act for a claimant, the duty in subclause (2) falls on the solicitor and not the barrister.

(5) The Authority may provide any information contained in a costs breakdown to the Minister and may, if directed to do so by the Minister, publicise statistics produced from any such information.

(6) The Authority may forward to the Legal Services Commissioner any information obtained under this clause.

(7) In this clause--

"costs breakdown" means a document that sets out, in a form approved by the Authority--

(a) the total amount paid by an insurer in finalising a claim for damages, and

(b) all deductions (including all legal costs and disbursements) in relation to the claim, and

(c) the final amount paid to the claimant.