Section 3.30 — Motor Accident Injuries Act 2017 (NSW)

(1) This section applies to—
(a) payment for the treatment and care of injured persons at hospitals, and
(b) payment for conveying injured persons by ambulance, and
(c) payment for any medical or dental treatment of, or rehabilitation services provided to, injured persons,
in any case where payment for the expenses concerned has not been made, and is not required to be made in accordance with a bulk billing arrangement under Division 10.3.
(2) If an insurer is required to make that payment in accordance with this Division, the rate at which the payment is to be made is as follows—
(a) in the case of treatment and care at public hospitals—at the rate determined by the Minister for Health by order published in the Gazette,
(b) in any case in which a maximum rate is fixed under Part 8 and paragraph (a) does not apply—at a rate no greater than the maximum rate so fixed,
(c) in any case in which the rate is fixed by the Motor Accident Guidelines made under section 3.31 and paragraphs (a) and (b) do not apply—at the rate so fixed,
(d) in a case to which a rate referred to in paragraph (a), (b) or (c) does not apply—at the rate reasonably appropriate to the treatment and care.
(3) If the insurer does not make that payment, the body or person who provided the treatment and care to which the payment relates may recover the payment from the insurer as a debt in a court of competent jurisdiction.

Related sections

• 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 3.31 — 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

Research how courts apply s 3.30

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.