Legislation › Motor Accident Injuries Act 2017 (NSW) Motor Accident Injuries Act 2017 (NSW) An Act to establish a new scheme of compulsory third-party insurance and provision of benefits and support relating to the death of or injury to persons as a consequence of motor accidents; and for other purposes.
Sections (310) s 1.1 — Name of Act s 1.2 — Commencement s 1.3 — Objects of Act s 1.4 — Definitions s 1.5 — Meaning of “owner” of a motor vehicle s 1.6 — Meaning of “threshold injury” s 1.7 — Determination of threshold degree of permanent impairment of injured person who suffers both physical and psychological/psychiatric injuries s 1.8 — Application of Act to motor accidents occurring after commencement of Act s 1.9 — General restrictions on application of Act s 1.10 — Restrictions on application of Act—accident must be insured or work accident s 1.10A — Liability of Nominal Defendant s 1.11 — Application of Part 6 (Motor accident claims), Part 7 (Dispute resolution) and Division 10.3 (Bulk billing arrangements) s 2.1 — Offence of using uninsured motor vehicle on road s 2.2 — Exception from compulsory insurance s 2.3 — Third-party policies s 2.4 — Treatment of certain vehicles for purposes of third-party policy s 2.5 — Issue of certificate of insurance s 2.6 — Evidence of insurance in respect of motor vehicle s 2.7 — Commencement and duration of third-party policy s 2.8 — Cancellation of third-party policies s 2.9 — Risks not insured under third-party policies s 2.10 — Exclusion of acts of terrorism from insurance coverage s 2.11 — Indemnification of insured persons s 2.12 — Liability of licensed insurers and insured persons where correct insurance premiums not paid s 2.13 — Right to recover higher premium resulting from change s 2.14 — Effect of change of ownership of motor vehicle or trader’s business s 2.15 — Notice of change of registered particulars relating to motor vehicles s 2.16 — Right of insurer against unauthorised driver of motor vehicle s 2.17 — Extension of indemnity to insured person’s estate s 2.18 — Entry of judgment against licensed insurer s 2.19 — Authority guidelines for the determination of premiums s 2.20 — Third-party premiums s 2.21 — Filing of premiums s 2.22 — Rejection of premiums by Authority s 2.23 — Insurers to disclose profit margins s 2.24 — Risk equalisation s 2.25 — Adjustment of premiums and Fund levies in case of excess profits or excess losses s 2.26 — Special provisions relating to taxis and hire vehicles and other vehicles s 2.27 — Nominal Defendant s 2.29 — Claim against Nominal Defendant where vehicle not insured s 2.30 — Claim against Nominal Defendant where vehicle not identified s 2.31 — Rejection of claim for failure to make due inquiry and search to establish identity of vehicle s 2.32 — Claim against Nominal Defendant where a NSW registered trailer is attached to a motor vehicle not registered in NSW s 2.33 — Exclusion of acts of terrorism from claims against Nominal Defendant s 2.34 — Nominal Defendant as tortfeasor s 2.35 — Payment of claims against Nominal Defendant s 2.36 — Licensed insurers to act for Nominal Defendant s 2.37 — Recovery from owner or driver s 2.38 — Establishment of Nominal Defendant’s Fund s 2.39 — Collections for Nominal Defendant’s Fund s 3.1 — Statutory benefits payable in respect of death or injury resulting from motor accident s 3.2 — Statutory benefits payable by relevant insurer s 3.3 — Determination of relevant insurer s 3.4 — Statutory benefits for funeral expenses s 3.5 — Definitions s 3.6 — Weekly payments during first entitlement period (first 13 weeks after motor accident) s 3.7 — Weekly payments during second entitlement period (weeks 14–78 after motor accident) s 3.8 — Weekly payments after second entitlement period (after week 78) s 3.9 — Maximum weekly statutory benefits amount s 3.10 — Minimum weekly statutory benefits amount s 3.11 — Cessation of weekly payments after 52 weeks to injured persons most at fault or with threshold injuries s 3.12 — Cessation of weekly payments to other injured persons after maximum weekly payments period s 3.13 — Termination of weekly payments on retiring age s 3.14 — Obligations to provide authorisations and medical evidence s 3.15 — Requirements for evidence as to fitness for work s 3.16 — Decisions about earning capacity s 3.17 — Treatment, rehabilitation and vocational training s 3.18 — Claimant to notify change of circumstances s 3.19 — Notice required before discontinuing or reducing weekly payments s 3.20 — Refund of weekly payments paid after return to employment s 3.21 — Weekly statutory benefits to persons residing outside Australia s 3.22 — Indexation of weekly statutory benefits s 3.23 — Statutory benefits payable fortnightly s 3.24 — Entitlement to statutory benefits for treatment and care s 3.25 — No statutory benefits for gratuitous attendant care services s 3.26 — Statutory benefits for loss of capacity to provide gratuitous domestic services s 3.27 — Verification of expenses s 3.28 — Cessation of statutory benefits after 52 weeks to injured adult persons most at fault or to injured persons with threshold injuries s 3.29 — No statutory benefits for expenses already compensated s 3.30 — Payment of hospital, ambulance, medical and other expenses not covered by bulk billing arrangement s 3.31 — Limits under Guidelines on statutory benefits for particular treatment and care s 3.32 — No treatment and care statutory benefits for treatment and care needs covered by Lifetime Care and Support Scheme s 3.33 — Treatment and care provided while persons residing outside Australia s 3.34 — Effect of death on entitlement to statutory benefits s 3.35 — No statutory benefits if workers compensation payable s 3.36 — No statutory benefits for at-fault driver or owner if vehicle uninsured s 3.37 — No statutory benefits payable to injured person who commits serious driving offence s 3.38 — Reduction of weekly statutory benefits after 12 months for contributory negligence s 3.39 — Limitation on statutory benefits in relation to certain mental harm s 3.40 — Effect of recovery of damages on statutory benefits s 3.41 — Vocational and return to work support provided by Authority s 3.42 — Statutory benefits claim cannot be redeemed s 3.43 — Recovery of overpayments of statutory benefits s 3.44 — Statutory benefits determinations relating to fault etc not binding in relation to common law claims s 3.45 — Special provisions relating to payment of statutory benefits for treatment and care by Lifetime Care and Support Authority as relevant insurer s 4.1 — Damages in respect of motor accidents s 4.2 — General regulation of award of damages s 4.3 — Damages that may be awarded s 4.4 — No damages for threshold injuries s 4.5 — Limits on economic loss s 4.6 — Maximum for loss of earnings etc s 4.7 — Future economic loss—claimant’s prospects and adjustments s 4.8 — Assessment of impairment of earning capacity if dispute over degree of impairment s 4.9 — Damages for future economic loss—discount rate s 4.10 — Economic loss reduction s 4.11 — No damages for non-economic loss unless permanent impairment greater than impairment threshold s 4.12 — Assessment of permanent impairment required if dispute over impairment threshold s 4.13 — Maximum of amount of damages for non-economic loss s 4.14 — Publication of information to assist determination of non-economic loss s 4.15 — Mitigation of damages s 4.16 — Payment of interest s 4.17 — Contributory negligence—generally s 4.18 — Defence of voluntary assumption of risk s 4.19 — Standard of care not affected by knowledge of driver’s skill and experience s 4.20 — Exemplary or punitive damages s 4.21 — Apportionment of damages s 4.22 — Indexation of maximum for non-economic loss damages s 5.1 — Definition of “no-fault motor accident” s 5.2 — Liability in case of no-fault motor accident s 5.3 — Presumption that motor accident is no-fault s 5.4 — No recovery of damages for driver who caused accident s 5.5 — Contributory negligence s 5.6 — Recovery of contribution to damages from person actually at fault s 5.7 — No recovery by Nominal Defendant unless owner or driver actually at fault s 5.8 — Other entitlements not affected s 6.1 — Motor Accident Guidelines may deal with the handling of claims s 6.2 — Meaning of “full and satisfactory explanation” by claimant s 6.3 — Duty of claimants and insurers to act with good faith s 6.4 — Duty of claimants and insurers to try to resolve claim justly and expeditiously s 6.5 — Duty of claimants to minimise loss s 6.6 — Directions for compliance with duties s 6.7 — Reports to Authority on compliance s 6.8 — Motor accident verification requirements s 6.9 — Compliance with verification requirements—claim for statutory benefits s 6.10 — Compliance with verification requirements—claim for damages s 6.11 — Authority’s access to police information s 6.12 — Notice of claims for statutory benefits or damages s 6.13 — Time for making of claims for statutory benefits s 6.14 — Time for making of claims for damages s 6.15 — How notice of claims given s 6.16 — Insured not to admit liability or act in respect of claim s 6.17 — Power of insurer to act for insured s 6.18 — Power of insurer to intervene in legal proceedings s 6.19 — Acceptance of liability for claim for statutory benefits s 6.20 — Duty of insurer with respect to admission or denial of liability in claim for damages s 6.21 — Costs penalty for unreasonable denial of liability s 6.22 — Duty of insurer to make offer of settlement on claim for damages s 6.23 — Restrictions on settlement of claim for damages s 6.24 — Duty of claimant to co-operate with other party s 6.25 — Duty of claimant to provide relevant particulars of claim for damages s 6.26 — Consequences of failure to provide relevant particulars of claim for damages s 6.27 — Medical and other examination of claimant s 6.28 — Duty of owner and driver to co-operate with insurer s 6.29 — Application s 6.30 — Forum for court proceedings s 6.31 — Claims assessment or exemption pre-condition for commencement of court proceedings s 6.32 — Time limitations on commencement of court proceedings s 6.33 — Insurer may require claimant to commence court proceedings s 6.34 — Matter to be remitted for further claims assessment where significant new evidence produced in court proceedings s 6.35 — Presumption of agency s 6.36 — Proceedings against insurer if insured dead or unable to be served s 6.37 — Proof of inability to serve process and give notice s 6.38 — Disclosure of offers or assessment by Commission s 6.39 — Licensed insurers to deter fraudulent claims s 6.40 — False or misleading claims s 6.41 — Fraud on motor accidents injuries scheme s 6.42 — Remedy available where claim fraudulent s 6.43 — Joinder of insurer where false claim alleged s 7.1 — Definitions s 7.9 — Internal review of insurer’s decisions s 7.10 — Definitions s 7.11 — Internal review required before making merit review application s 7.12 — Application for merit review s 7.13 — Determination of merit review application s 7.13A — Merit reviewer may assess costs s 7.14 — Effect of merit review decision s 7.15 — Review of merit review decision by review panel s 7.16 — Regulations s 7.17 — Definitions s 7.18 — Application of Division to treatment and care needs covered by Lifetime Care and Support Scheme s 7.19 — Internal review required before medical assessment s 7.20 — Medical assessment procedures s 7.21 — Assessment of degree of permanent impairment s 7.22 — Interim assessment of permanent impairment s 7.23 — Status of medical assessments s 7.24 — Further medical assessment after initial medical assessment s 7.25 — Agreement between parties as to matters in dispute—further assessments and reviews s 7.26 — Review of medical assessment by review panel s 7.27 — Non-binding opinion of medical assessor s 7.28 — Costs of medical assessment s 7.30 — Definitions s 7.31 — Application s 7.32 — Reference of claim s 7.34 — Claims exempt from assessment s 7.36 — Assessment of claims s 7.37 — Commission may assess costs s 7.38 — Status of assessments s 7.40 — Definitions s 7.41 — Internal review required before miscellaneous claims assessment s 7.42 — Assessment of miscellaneous disputes in connection with claims s 7.46 — Compliance with Commission legislation is condition of insurer’s licence s 7.47 — Persons under legal incapacity s 7.48 — Effect of decisions under this Part s 7.49 — Advisory service s 7.51 — Amendment of Schedule 2 s 7.52 — Restriction on health practitioners who may give evidence in court and other dispute resolution proceedings s 8.1 — Definitions s 8.2 — Application to legal costs s 8.3 — Regulations fixing maximum costs etc recoverable by Australian legal practitioners s 8.4 — Maximum fees recoverable by health practitioners for medico-legal services s 8.5 — Costs where court proceedings and no claims assessment s 8.6 — Other matters relating to costs s 8.7 — Court fees s 8.8 — Claims assessment fees s 8.9 — Maximum fees payable by insurers for treatment and care not provided at hospitals or provided at private hospitals s 8.10 — Recovery of costs and expenses in relation to claims for statutory benefits s 8.11 — Exclusion of matters from this Part s 9.1 — Offence—unlicensed insurers s 9.2 — Applications for licences s 9.3 — Determination of application for licence s 9.4 — Duration of licences s 9.5 — Conditions of licences s 9.6 — Matters that may be regulated by conditions of licences s 9.7 — Matters not subject to conditions of licences s 9.7A — Condition of licence not to engage excluded service providers s 9.8 — Assignment of licences s 9.9 — Suspension of licences s 9.10 — Imposition of civil penalty on or censure of licensed insurer s 9.11 — Cancellation of licences s 9.12 — Assignment of policies following cancellation of licence and in other cases s 9.13 — Records and evidence relating to licences s 9.14 — Administrative reviews of licensing decisions by Civil and Administrative Tribunal s 9.15 — Publication of information about insurers s 9.16 — Authority guidelines for market practice s 9.17 — Determination of market share of each insurer s 9.18 — Business plans of licensed insurers s 9.19 — Re-insurance arrangements of licensed insurers s 9.20 — Investment of funds of licensed insurer s 9.21 — Accounts, returns and other records of licensed insurer s 9.22 — Audit of accounting and other records and performance audit s 9.23 — Information and documents as to business and finances to be supplied to Authority by insurers and former insurers s 9.24 — Reports about insurers s 9.25 — Power of Supreme Court to deal with insurers unable to meet liabilities s 9.26 — Notification to Authority of certain defaults in relation to insurers s 9.27 — Proceedings for failure to comply with licence s 9.28 — Definitions s 9.29 — Government bodies may be approved as self-insurers s 9.30 — Self-insurers deemed to be licensed insurers s 9.31 — Application of relevant Acts to self-insurers and self-insurer policies s 9.32 — SICorp as self-insurer s 9.33 — Interpretation s 9.34 — Insolvent insurers s 9.35 — Liquidator to notify Nominal Defendant of claims s 9.36 — Delivery of documents to Nominal Defendant s 9.37 — Appointment of Nominal Defendant as agent and attorney of insured s 9.38 — Payments to insured or liquidator s 9.39 — Application of Nominal Defendant’s Fund s 9.40 — Recovery of amounts under contracts or arrangements for re-insurance s 9.41 — Payments of compensation when insolvent insurer dissolved s 9.42 — Borrowings for the purposes of the Nominal Defendant’s Fund s 9.43 — Inspection of documents by person authorised by Minister s 9.44 — Nominal Defendant may take certain legal proceedings s 9.45 — Insurers or other persons may act for Nominal Defendant s 9.46 — Regulations s 10.1 — Functions of the Authority s 10.2 — Motor Accident Guidelines of Authority s 10.3 — Special provision relating to insurance premiums matters in Guidelines s 10.4 — Special provision relating to medical matters in Guidelines s 10.5 — Consultation with insurance and legal stakeholders on Guidelines s 10.6 — Publication and Parliamentary scrutiny of Guidelines s 10.7 — Compliance with Guidelines condition of insurer’s licence s 10.8 — Regulations relating to Guidelines s 10.9 — Bulk billing arrangements for hospital, ambulance and other expenses s 10.10 — Application of Division to treatment and care needs covered by Lifetime Care and Support Scheme s 10.11 — Definitions s 10.12 — Motor Accidents Operational Fund (the SIRA Fund) s 10.13 — Assessment by Authority of amount to be contributed to SIRA Fund s 10.14 — Motor Accident Injuries Treatment and Care Benefits Fund (the MAITC Benefits Fund) s 10.15 — Assessment by Lifetime Care and Support Authority of amount to be contributed to MAITC Benefits Fund s 10.16 — Fund levy contribution by persons to whom third-party policies issued s 10.17 — Payment and collection of Fund levy s 10.18 — Refund of Fund levy s 10.19 — Records relating to collection of Fund levies s 10.20 — Audit of Fund levy records s 10.21 — Payment of workers compensation indemnity on behalf of insurers s 10.22 — Definitions s 10.23 — General data gathering, exchange, etc, by Authority, licensed insurers and relevant insurance or compensation authorities s 10.24 — Data required to be supplied to Authority by insurers s 10.25 — Claims register s 10.26 — Definitions s 10.27 — Appointment of investigation officers s 10.28 — Powers of entry and inspection by investigation officers s 10.29 — Search warrant s 10.30 — Power to obtain information, documents and evidence s 10.31 — Protection from incrimination s 10.32 — Investigation officer may request assistance s 11.1A — Trauma support service s 11.1 — No contracting out of Act s 11.2 — Secrecy of information obtained from or relating to insurers or proposed insurers etc s 11.3 — Act to bind Crown s 11.4 — Certificate evidence s 11.5 — Service of documents generally s 11.6 — Service of documents on Authority s 11.7 — Service of documents on Nominal Defendant s 11.8 — Offences by corporations s 11.9 — Proceedings for offences s 11.10 — Penalty notices s 11.11 — Regulation of advertising and other marketing of services s 11.12 — Regulations generally s 11.13 — Review of Act Sourced from the New South Wales Legislation website at 9 June 2026. 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