- The Statutory Review of the Motor Accident Injuries Act 2017 (NSW) was finalised in September 2021. The report made 73 recommendations which focus on scheme design, interpretation and revision of key performance indicators.
- A key area of focus in the recommendations is the minor injury definition.
- The Review highlights the inherent tension between the financial objectives of the scheme versus the rights of those who are injured or lose a loved one in a motor vehicle accident.
The Motor Accident Injuries Act 2017 (NSW) was introduced by the state government as part of an overhaul of the compulsory third-party (‘CTP’) compensation scheme in NSW. The overhaul was seen as necessary due to the apparent high price of premiums and the alleged rates of fraud in compensation claims arising from injuries and deaths caused by motor vehicle accidents.
Unfortunately, many practitioners in the area have observed that injured people are experiencing significant disadvantage under the 2017 scheme. This is primarily due to drastic cuts in their entitlements, as compared to the previous scheme (under the Motor Accidents Compensation Act 1999), as well as many systemic issues causing serious delays.