Section 7.41 — Motor Accident Injuries Act 2017 (NSW)

(1) A dispute about a decision of an insurer may not be referred by a claimant for assessment under this Division until the decision has been the subject of an internal review by the insurer under Division 7.3.
(2) A dispute about a decision of an insurer may be referred for assessment under this Division without an internal review of the decision by the insurer if—
(a) the Motor Accident Guidelines provide that an internal review is not required for decisions about the miscellaneous claims assessment matter to which the insurer’s decision relates, or
(b) the insurer has failed to complete an internal review and notify the claimant of the decision on the internal review as and when required to do so, or has declined to conduct a review.
(3) This section does not apply to a dispute about a miscellaneous claims assessment matter of a kind prescribed by the regulations.

Related sections

• s 7.37 — Commission may assess costs
• s 7.38 — Status of assessments
• s 7.40 — Definitions
• 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

Research how courts apply s 7.41

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