Section 7.36 — Motor Accident Injuries Act 2017 (NSW)

(cf s 94 MACA)
(1) The Commission is, in respect of a claim referred to the Commission for assessment, to make an assessment of—
(a) the issue of liability for the claim (unless the insurer has admitted liability), and
(b) the amount of damages for that liability (being the amount of damages that a court would be likely to award).
(2) Such an assessment is to be made having regard to such information as is conveniently available to the Commission, even if one or more of the parties to the assessment does not co-operate or ceases to co-operate.
(3) The assessment is to specify an amount of damages.
(4) The Commission must, as soon as practicable after an assessment, issue the insurer and claimant with a certificate as to the assessment.
(5) The Commission is to attach a brief statement to the certificate, setting out the Commission’s reasons for the assessment.
(6)

Related sections

• s 7.31 — Application
• s 7.32 — Reference of claim
• s 7.34 — Claims exempt from assessment
• s 7.37 — Commission may assess costs
• s 7.38 — Status of assessments
• s 7.40 — Definitions

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