Section 7.13 — Motor Accident Injuries Act 2017 (NSW)

(1) In determining a merit review application, the merit reviewer is to decide what the correct and preferable decision is having regard to the material then before the reviewer, including the following—
(a) any relevant factual material,
(b) any applicable written or unwritten law.
(2) For that purpose, the merit reviewer may exercise all of the functions that are conferred or imposed by or under this or any other Act on the insurer.
(3) In determining a merit review application, the merit reviewer may decide—
(a) to affirm the reviewable decision, or
(b) to vary the reviewable decision, or
(c) to set aside the reviewable decision and make a decision in substitution for the reviewable decision the merit reviewer set aside, or
(d) to set aside the reviewable decision and remit the matter for reconsideration by the insurer in accordance with any directions of the merit reviewer.
(4) The merit reviewer is to issue the parties to the review with a certificate as to the reviewer’s determination and is to attach a brief statement to the certificate setting out the reviewer’s reasons for the determination.
(5)
(6) If a merit reviewer is satisfied that a certificate under this section contains an obvious error, the merit reviewer may issue a replacement certificate to correct the error.

Related sections

• s 7.10 — Definitions
• s 7.11 — Internal review required before making merit review application
• s 7.12 — Application for merit review
• 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

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