Section 7.48 — Motor Accident Injuries Act 2017 (NSW)

(1) This section applies where a decision is made in accordance with this Part by an insurer on an internal review or by a decision-maker on a merit review, medical assessment or assessment of a dispute about a miscellaneous claims assessment matter.
(2) If the decision results in an increase in the amount of payments of statutory benefits payable to a claimant, the claimant is entitled to the increase in payments from the date of the original decision that is the subject of the review or assessment concerned.
(3) If the decision results in the discontinuation of or a further reduction in any payments of statutory benefits payable to a claimant, and is less favourable to the claimant than the decision that is the subject of the review or assessment, the requirements of Division 3.3 (Weekly payments of statutory benefits to injured persons) as to the giving of notice before discontinuing or reducing weekly payments of statutory benefits extend to the discontinuation or further reduction that results from the decision on the review or assessment concerned.
(4) This section extends to any new decision made by a review panel under section 7.15 (Review of merit review decision by review panel) or 7.26 (Review of medical assessment by review panel).
(5) In this section—
decision-maker means—
(a) the Commission, or
(b) a merit reviewer, or
(c) a medical assessor.

Related sections

• 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 7.49 — 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

Research how courts apply s 7.48

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