{"id":"nsw:sl-2017-0498","name":"Motor Accident Injuries Regulation 2017","slug":"motor-accident-injuries-regulation-2017","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"498 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177429,"registerId":"nsw-nsw:sl-2017-0498-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Motor Accident Injuries Regulation 2017](/view/html/inforce/current/sl-2017-0498).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 8 September 2017 and is required to be published on the NSW legislation website.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > person under legal incapacity has the same meaning as in section 7.47 of the Act.\n> > \n> > the Act means the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.\n> \n> **cl 3:** Am 2017 (639), Sch 1 \\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of “threshold injury”, section 1.6(4) of the Act","content":"#### 4 Meaning of “threshold injury”, section 1.6(4) of the Act\n\n4 Meaning of “threshold injury”, section 1.6(4) of the Act\n\n> > (1) An injury to a spinal nerve root that manifests in neurological signs (other than radiculopathy) is included as a soft tissue injury for the purposes of the Act.\n> \n> > (2) Each of the following injuries is included as a threshold injury for the purposes of the Act—\n> > \n> > > (a) acute stress disorder,\n> > \n> > > (b) adjustment disorder.\n> > \n> > Note.\n> > \n> > See section 1.6 (5) of the Act in relation to the making of Motor Accident Guidelines for or with respect to the assessment of whether an injury is a threshold injury.\n> \n> > (3) In this clause acute stress disorder and adjustment disorder have the same meanings as in the document entitled Diagnostic and Statistical Manual of Mental Disorders (DSM-5), published by the American Psychiatric Association in May 2013.\n> \n> **cl 4:** Rep 2017 (639), Sch 1 \\[3\\]. Ins 2017 (639), Sch 1 \\[2\\]. Am 2022 No 78, Sch 2\\[1\\]–\\[3\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Third-party insurance","content":"# Part 2 Third-party insurance\n\nPart 2 Third-party insurance\n\n**pt 2:** Subst 2017 (639), Sch 1 \\[3\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Motor vehicles subject to unregistered vehicle permits (section 2.4 (1) (c))","content":"#### 5 Motor vehicles subject to unregistered vehicle permits (section 2.4 (1) (c))\n\n5 Motor vehicles subject to unregistered vehicle permits (section 2.4 (1) (c))\n\n> > (1) For the purposes of section 2.4 of the Act, the following classes of motor vehicles are prescribed as classes of motor vehicles that are taken, for the purposes of a third-party policy under the Act, to be subject to an unregistered vehicle permit and not to conditional registration—\n> > \n> > > (a) motor vehicles that comply with subclause (2) and that—\n> > > \n> > > > (i) are used to perform agricultural tasks (for example, tractors and harvesters), or\n> > > \n> > > > (ii) are designed for use solely over snow and are located within the boundaries of Kosciuszko National Park,\n> > \n> > > (b) motor vehicles that were manufactured 30 or more years ago and are used on a road solely in the course of, or as an incident to, an activity of an organisation that is identified in the records of TfNSW as a historic vehicle club,\n> > \n> > > (c) motor vehicles that weigh more than 250 kilograms when unladen and are designed or used solely for cutting grass or for purposes incidental to cutting grass,\n> > \n> > > (d) motor vehicles that are used solely for the purposes of road construction, maintenance or repair and are not used on a road otherwise than while at, or proceeding to or returning from, the place where the road construction, maintenance or repair is carried out,\n> > \n> > > (e) motor vehicles that are subject to conditional registration under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) on the basis that they are—\n> > > \n> > > > (i) classified by TfNSW as earthwork plant or industrial plant, or\n> > > \n> > > > (ii) used solely on Stockton Beach for recreation purposes,\n> > \n> > > (f) motor vehicles that are motorised buggies or carts and are designed and used for the purpose of—\n> > > \n> > > > (i) carrying golfers, spectators or golfing equipment on a golf course, or\n> > > \n> > > > (ii) carrying persons in a holiday resort or retirement village or the like,\n> > \n> > > (g) motor vehicles that are designed or used solely for the conveyance of a person with a disability that substantially impairs the person’s mobility and that are capable of travelling at more than 10 kilometres per hour,\n> > \n> > > (h) motor vehicles that are trackless trains,\n> > \n> > > (i) chargeable heavy vehicles within the meaning of Schedule 2 to the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) that have been granted full exemption from registration charges under the [Road Transport (Vehicle Registration) Regulation 2017](/view/html/inforce/current/sl-2017-0451),\n> > \n> > > (j) a motor vehicle that has been granted full exemption from motor vehicle tax within the meaning of the [Motor Vehicles Taxation Act 1988](/view/html/inforce/current/act-1988-111).\n> \n> > (2) A motor vehicle complies with this subclause if—\n> > \n> > > (a) the vehicle is not required to be entered on the RAV by the [Road Vehicle Standards Act 2018](http://www.legislation.gov.au/) of the Commonwealth or rules made under that Act, and\n> > \n> > > (b) if applicable—approval for the placement of identification plates was not given in relation to the vehicle under the [Motor Vehicle Standards Act 1989](http://www.legislation.gov.au/) of the Commonwealth, section 10A, as in force from time to time before its repeal.\n> \n> > (3) In this clause—\n> > \n> > RAV means the Register of Approved Vehicles kept under the [Road Vehicle Standards Act 2018](http://www.legislation.gov.au/) of the Commonwealth, section 14(1).\n> \n> **cl 5:** Subst 2017 (639), Sch 1 \\[3\\]. Am 2020 No 30, Sch 4.47; 2021 No 22, Sch 5.3\\[1\\] \\[2\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Cancellation of third-party policies—request for suspension or cancellation of motor vehicle registration (section 2.8 (6) and (9))","content":"#### 6 Cancellation of third-party policies—request for suspension or cancellation of motor vehicle registration (section 2.8 (6) and (9))\n\n6 Cancellation of third-party policies—request for suspension or cancellation of motor vehicle registration (section 2.8 (6) and (9))\n\n> > (1) A licensed insurer may request TfNSW under section 2.8 of the Act to suspend or cancel the registration of a motor vehicle to which a third-party policy relates if the requirements of this clause relating to notification of the request are complied with.\n> \n> > (2) The notification required to be given of the licensed insurer’s intention to request the suspension must be given to the owner of the motor vehicle at least 14 days before the request is made.\n> \n> > (3) The notification must specify the following—\n> > \n> > > (a) the registration number of the motor vehicle,\n> > \n> > > (b) the policy number for the third-party policy,\n> > \n> > > (c) the grounds on which the licensed insurer intends to request the suspension,\n> > \n> > > (d) the amount outstanding in respect of the third-party policy,\n> > \n> > > (e) the date of commencement, and the date of expiration, of the proposed suspension period,\n> > \n> > > (f) the manner in which the outstanding amount may be paid,\n> > \n> > > (g) the time within which the outstanding amount must be paid,\n> > \n> > > (h) any penalties that may be imposed in relation to driving an unregistered motor vehicle,\n> > \n> > > (i) contact details for inquiries in relation to the payment or proposed suspension.\n> \n> **cl 6:** Ins 2017 (639), Sch 1 \\[3\\]. Am 2020 No 30, Sch 4.47.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Statutory benefits","content":"# Part 3 Statutory benefits\n\nPart 3 Statutory benefits\n\n**pt 3 (cll 7, 8):** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Minimum weekly statutory benefits amount (section 3.10)","content":"#### 7 Minimum weekly statutory benefits amount (section 3.10)\n\n7 Minimum weekly statutory benefits amount (section 3.10)\n\n> For the purposes of Division 3.3 of the Act, the minimum weekly statutory benefits amount is the amount that is 2.5% of the maximum weekly statutory benefits amount.\n> \n> **pt 3 (cll 7, 8):** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Application of provisions of Civil Liability Act 2002 relating to mental harm (section 3.39)","content":"#### 8 Application of provisions of Civil Liability Act 2002 relating to mental harm (section 3.39)\n\n8 Application of provisions of [Civil Liability Act 2002](/view/html/inforce/current/act-2002-022) relating to mental harm (section 3.39)\n\n> > (1) The application of Part 3 (Mental harm) of the [Civil Liability Act 2002](/view/html/inforce/current/act-2002-022) to the payment of statutory benefits under Part 3 of the Act in connection with an injury is subject to the modification set out in this clause.\n> \n> > (2) The requirement in section 30 (3) of the [Civil Liability Act 2002](/view/html/inforce/current/act-2002-022) (to reduce damages awarded to the plaintiff for pure mental harm in the same proportion as any reduction in the damages that may be recovered from the defendant by or through the victim on the basis of the contributory negligence of the victim) is to be read as a requirement to apply the at-fault statutory benefits limitations to the payment of statutory benefits to the claimant in the same way as they apply to the payment of statutory benefits to the victim.\n> \n> > (3) The at-fault statutory benefits limitations are the provisions of Part 3 of the Act that provide for the reduction of, or cessation of entitlement to, weekly payments of statutory benefits to injured persons wholly or mostly at fault in the motor accident from which the injury resulted.\n> \n> > (4) Words and expressions used in subclause (2) have the same meaning as they have in section 30 of the [Civil Liability Act 2002](/view/html/inforce/current/act-2002-022).\n> \n> **pt 3 (cll 7, 8):** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":10},{"sectionNumber":"8A","sectionType":"section","heading":"Time for making claims (section 6.13(2))","content":"#### 8A Time for making claims (section 6.13(2))\n\n8A Time for making claims (section 6.13(2))\n\n> > (1) For the Act, section 6.13(2), payment of weekly payments of statutory benefits for a period before a claim is made is permitted if—\n> > \n> > > (a) the claim is made within 3 months after the date of the motor accident to which the claim relates, and\n> > \n> > > (b) the claimant provides a full and satisfactory explanation for the delay in making the claim.\n> \n> > (2) The matters that must be taken into account in determining whether the claimant has a full and satisfactory explanation for the delay in making the claim include, but are not limited to, whether, before the expiry of the period of 28 days for making the claim—\n> > \n> > > (a) the claimant was aware of the right to make the claim, or\n> > \n> > > (b) the claimant was a person under a legal incapacity, or\n> > \n> > > (c) the claimant was prevented from making the claim before the expiry of that period because of illness or injury.\n> \n> > (3) An explanation for the delay in making a claim is taken to be a full and satisfactory explanation for the purposes of subclause (1)(b) if the insurer has not rejected the explanation within 14 days after receiving the explanation.\n> \n> > (4) This clause does not apply to a motor accident occurring before 1 April 2023.\n> \n> **cl 8A:** Ins 2023 (105), Sch 1\\[1\\].","sortOrder":11},{"sectionNumber":"Part 4","sectionType":"part","heading":"Award of damages","content":"# Part 4 Award of damages\n\nPart 4 Award of damages\n\n**pt 4 (cl 9):** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Accommodation or travel for which damages may be awarded (section 4.5)","content":"#### 9 Accommodation or travel for which damages may be awarded (section 4.5)\n\n9 Accommodation or travel for which damages may be awarded (section 4.5)\n\n> The kind of accommodation or travel for which damages may be awarded (subject to Division 4.2 of the Act) is any accommodation or travel for which the claimant has incurred, or is likely to incur, a cost as a result of the injury caused by the motor accident.\n> \n> **pt 4 (cl 9):** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":13},{"sectionNumber":"Part 5","sectionType":"part","heading":"Dispute resolution","content":"# Part 5 Dispute resolution\n\nPart 5 Dispute resolution\n\n**pt 5:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":14},{"sectionNumber":"Division 1","sectionType":"division","heading":"Internal review","content":"## Division 1 Internal review\n\nDivision 1 Internal review","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Merit review decisions for which internal review not required (section 7.11 (3))","content":"#### 10 Merit review decisions for which internal review not required (section 7.11 (3))\n\n10 Merit review decisions for which internal review not required (section 7.11 (3))\n\n> Section 7.11 (Internal review required before making merit review application) of the Act does not apply to a reviewable decision about any of the following merit review matters—\n> \n> > (a) whether for the purposes of section 6.24 (Duty of claimant to co-operate with other party) of the Act a request made of the claimant is reasonable or whether the claimant has a reasonable excuse for failing to comply,\n> \n> > (b) whether the claimant has provided the insurer with all relevant particulars about a claim in accordance with section 6.25 (Duty of claimant to provide relevant particulars of claim for damages) of the Act,\n> \n> > (c) whether the insurer is entitled to give a direction to the claimant under section 6.26 (Consequences of failure to provide relevant particulars of claim for damages) of the Act,\n> \n> > (d) whether for the purposes of section 8.10 (Recovery of costs and expenses in relation to claims for statutory benefits) of the Act the costs and expenses incurred by the claimant are reasonable and necessary.\n> \n> **cll 10–14:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Miscellaneous dispute decisions for which internal review not required (section 7.41 (3))","content":"#### 11 Miscellaneous dispute decisions for which internal review not required (section 7.41 (3))\n\n11 Miscellaneous dispute decisions for which internal review not required (section 7.41 (3))\n\n> Section 7.41 (Internal review required before miscellaneous claims assessment) of the Act does not apply to a dispute about which insurer is the insurer of the at-fault motor vehicle for the purposes of section 3.3 of the Act (Determination of relevant insurer).\n> \n> **cll 10–14:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":17},{"sectionNumber":"Division 2","sectionType":"division","heading":"Merit review","content":"## Division 2 Merit review\n\nDivision 2 Merit review","sortOrder":18},{"sectionNumber":"12","sectionType":"section","heading":"Insurer to notify claimant of review rights (section 7.16 (a))","content":"#### 12 Insurer to notify claimant of review rights (section 7.16 (a))\n\n12 Insurer to notify claimant of review rights (section 7.16 (a))\n\n> > (1) The insurer must notify a claimant in writing of any right of the claimant to request an internal review or apply for a merit review in relation to a decision of the insurer.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (2) The notification must be given when the insurer notifies the claimant of the decision to which the right to request the internal review or to apply for the merit review applies.\n> \n> > (3) This clause extends to any decision of the insurer in relation to which a merit review application may be made only after the decision has been the subject of an internal review.\n> \n> **cll 10–14:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":19},{"sectionNumber":"Division 3","sectionType":"division","heading":"Medical assessment","content":"## Division 3 Medical assessment\n\nDivision 3 Medical assessment","sortOrder":20},{"sectionNumber":"13","sectionType":"section","heading":"Grounds for further medical assessment (section 7.24 (2))","content":"#### 13 Grounds for further medical assessment (section 7.24 (2))\n\n13 Grounds for further medical assessment (section 7.24 (2))\n\n> > (1) A medical dispute may be referred again for assessment under Division 7.5 of the Act on the grounds of deterioration of the injury or additional relevant information about the injury.\n> \n> > (2) A matter may not be referred again for assessment by a party to the medical dispute on the grounds of deterioration of the injury or additional relevant information about the injury unless the deterioration or additional information is such as to be capable of having a material effect on the outcome of the previous assessment.\n> \n> **cll 10–14:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":21},{"sectionNumber":"Division 4","sectionType":"division","heading":"Claims assessment","content":"## Division 4 Claims assessment\n\nDivision 4 Claims assessment","sortOrder":22},{"sectionNumber":"14","sectionType":"section","heading":"Claims exempt from assessment (section 7.34 (1) (a))","content":"#### 14 Claims exempt from assessment (section 7.34 (1) (a))\n\n14 Claims exempt from assessment (section 7.34 (1) (a))\n\n> The following kinds of claims are exempt from assessment under Division 7.6 of the Act—\n> \n> > (a) a claim in respect of which the claimant is a person under legal incapacity,\n> \n> > (b) a claim involving an action under the [Compensation to Relatives Act 1897](/view/html/inforce/current/act-1897-031) brought on behalf of a person under legal incapacity,\n> \n> > (c) a claim made against a person other than an insurer,\n> \n> > (d) a claim in connection with which the insurer has, by notice in writing to the claimant, alleged that the claimant has engaged in conduct in contravention of section 6.41 (Fraud on motor accidents injuries scheme) of the Act,\n> \n> > (e) a claim in respect of which the insurer has, by notice in writing to the claimant and to the owner or driver of the motor vehicle to which a third-party policy relates, declined to indemnify the owner or driver under the third-party policy.\n> \n> **cll 10–14:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":23},{"sectionNumber":"15","sectionType":"section","heading":"Notification of acceptance or rejection of assessed damages","content":"#### 15 Notification of acceptance or rejection of assessed damages\n\n15 Notification of acceptance or rejection of assessed damages\n\n> > (1) A claimant is to give to the insurer written notice of the claimant’s acceptance or rejection of any amount of damages assessed under Division 7.6 of the Act in relation to the claim.\n> \n> > (2) The insurer is to give to the claimant and the Commission written notice of any rejection by the insurer, or any mutual acceptance by the insurer and the claimant, of an amount of damages assessed under Division 7.6 of the Act in relation to a claim.\n> \n> > (3) For the purposes of this Division, the assessment acceptance day is the earlier of the following days—\n> > \n> > > (a) the day on which the insurer receives a notice under this clause of the claimant’s acceptance of an amount of damages,\n> > \n> > > (b) the day that is 21 days after the certificate of assessment is issued to the insurer.\n> \n> **cl 15:** Ins 2017 (639), Sch 1 \\[3\\]. Am 2020 (744), Sch 1.2\\[1\\].","sortOrder":24},{"sectionNumber":"16","sectionType":"section","heading":"Time for payment of assessed damages (section 7.38 (3))","content":"#### 16 Time for payment of assessed damages (section 7.38 (3))\n\n16 Time for payment of assessed damages (section 7.38 (3))\n\n> > (1) The amount of damages and costs payable by an insurer in respect of a claim for damages assessed under Division 7.6 of the Act must be paid within 28 days after the assessment acceptance day, except as otherwise provided by this clause.\n> \n> > (2) The insurer must give notification in accordance with this clause of any deduction that the insurer is required by law to make from the assessed amount of damages.\n> \n> > (3) Notification of a deduction relating to a claim—\n> > \n> > > (a) is to be given to the person to whom the deduction is payable, and\n> > \n> > > (b) is to include a request for advice as to the amount of the deduction that is required, and\n> > \n> > > (c) is to be given within 14 days after the assessment acceptance day.\n> \n> > (4) The insurer must pay the balance of the assessed amount of damages to the claimant within 28 days after all advice requested under this clause in relation to deductions for a claim has been received by the insurer.\n> \n> > (5) Interest is payable by the insurer on so much of the assessed amount of damages as remains unpaid after the end of the relevant period for payment of the assessed amount of damages. The rate of any such interest is 75% of the rate prescribed for the purposes of section 101 of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) for the period concerned.\n> \n> **cl 16:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":25},{"sectionNumber":"Division 5","sectionType":"division","heading":"Miscellaneous claims assessments","content":"## Division 5 Miscellaneous claims assessments\n\nDivision 5 Miscellaneous claims assessments","sortOrder":26},{"sectionNumber":"17","sectionType":"section","heading":"Application of claims assessment provisions (section 7.42 (2))","content":"#### 17 Application of claims assessment provisions (section 7.42 (2))\n\n17 Application of claims assessment provisions (section 7.42 (2))\n\n> The application of Subdivision 2 of Division 7.6 of the Act to the assessment of a dispute between a claimant and an insurer about a miscellaneous claims assessment matter is subject to the following modifications—\n> \n> > (a) the Subdivision is to be read as if sections 7.33–7.35, 7.36 (3) and 7.38 (2)–(4) were omitted,\n> \n> > (b) the requirement in section 7.36 (1) (a) to make an assessment of the issue of liability for the claim and the amount of damages for that liability is to be read as a requirement to make an assessment of the issues in dispute,\n> \n> > (c) the reference in section 7.38 (1) to an assessment of the issue of liability for a claim not being binding is to be read as a reference to—\n> > \n> > > (i) an assessment of a dispute about a miscellaneous claims assessment matter relating to a claim for statutory benefits being binding, subject to section 3.44 (Statutory benefits determinations relating to fault etc not binding in relation to common law claims), and\n> > \n> > > (ii) an assessment of a dispute about a miscellaneous claims assessment matter relating to a claim for damages not being binding.\n> \n> **cl 17:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":27},{"sectionNumber":"Division 6","sectionType":"division","heading":"Miscellaneous","content":"## Division 6 Miscellaneous\n\nDivision 6 Miscellaneous","sortOrder":28},{"sectionNumber":"18","sectionType":"section","heading":"Medical matters subject to evidence restriction (section 7.52 (4))","content":"#### 18 Medical matters subject to evidence restriction (section 7.52 (4))\n\n18 Medical matters subject to evidence restriction (section 7.52 (4))\n\n> For the purposes of paragraph (b) of the definition of medical matter in section 7.52 (4) of the Act, the following medical assessment matters are prescribed as medical matters in relation to which evidence given by a health practitioner is not admissible—\n> \n> > (a) whether any treatment and care provided to an injured person is reasonable and necessary in the circumstances or relates to an injury caused by a motor accident for the purposes of section 3.24 (Entitlement to statutory benefits for treatment and care) of the Act,\n> \n> > (b) whether for the purposes of section 3.28 (Cessation of statutory benefits after 26 weeks to injured adult persons most at fault or to injured persons with threshold injuries) of the Act treatment or care provided to an injured person will improve the recovery of the injured person,\n> \n> > (c) the degree of impairment of the earning capacity of an injured person that has resulted from an injury caused by a motor accident,\n> \n> > (d) whether an injury is a threshold injury for the purposes of the Act.\n> \n> **cl 18:** Ins 2017 (639), Sch 1 \\[3\\]. Am 2022 No 78, Sch 2\\[4\\] \\[5\\].","sortOrder":29},{"sectionNumber":"Part 6","sectionType":"part","heading":"Costs","content":"# Part 6 Costs\n\nPart 6 Costs\n\n**pt 6:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":30},{"sectionNumber":"19","sectionType":"section","heading":"Definition","content":"#### 19 Definition\n\n19 Definition\n\n> In this Part and in Schedule 2—\n> \n> health practitioner has the same meaning as in the Health Practitioner Regulation National Law.\n> \n> **cl 19:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":32},{"sectionNumber":"20","sectionType":"section","heading":"Costs not regulated by this Part","content":"#### 20 Costs not regulated by this Part\n\n20 Costs not regulated by this Part\n\n> Costs referred to in this Part (Division 4 excepted) do not include any of the following—\n> \n> > (a) fees for accident investigators’ reports or accident reconstruction reports,\n> \n> > (b) fees for accountants’ reports,\n> \n> > (c) fees for reports from health practitioners (other than medical practitioners),\n> \n> > (d) fees for other professional reports relating to treatment or rehabilitation (for example, architects’ reports concerning house modifications),\n> \n> > (e) fees for clinical records of treating health practitioners (including medical practitioners),\n> \n> > (f) fees for interpreter or translation services,\n> \n> > (g) fees for police reports,\n> \n> > (h) fees or charges under the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052),\n> \n> > (i) court fees,\n> \n> > (j) travel costs and expenses of the claimant for attendance at the Commission or a court,\n> \n> > (k) witness expenses at the Commission or a court.\n> \n> **cl 20:** Ins 2017 (639), Sch 1 \\[3\\]. Am 2020 (744), Sch 1.2\\[1\\].","sortOrder":33},{"sectionNumber":"21","sectionType":"section","heading":"Application of Division","content":"#### 21 Application of Division\n\n21 Application of Division\n\n> This Division applies to the following costs payable on a party and party basis, on a practitioner and client basis or on any other basis—\n> \n> > (a) legal costs,\n> \n> > (b) costs for matters that are not legal services but are related to proceedings in a motor accidents matter.\n> \n> Note.\n> \n> Section 8.1 (2) of the Act provides that expressions in Part 8 (Costs and fees) of that Act (and consequently expressions used in this Part) have the same meaning when used in relation to legal costs in the legal profession legislation (as defined in section 3A of the [Legal Profession Uniform Law Application Act 2014](/view/html/inforce/current/act-2014-016)) except where otherwise provided in that Part.\n> \n> **cl 21:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":35},{"sectionNumber":"22","sectionType":"section","heading":"Fixing of maximum costs recoverable by legal practitioners (sections 8.3 and 8.10)","content":"#### 22 Fixing of maximum costs recoverable by legal practitioners (sections 8.3 and 8.10)\n\n22 Fixing of maximum costs recoverable by legal practitioners (sections 8.3 and 8.10)\n\n> > (1) Except as otherwise provided by this Part, the costs set out in Schedule 1 are the maximum costs recoverable by Australian legal practitioners and claimants for—\n> > \n> > > (a) legal services provided by an Australian legal practitioner to a claimant or to an insurer in a motor accidents matter, and\n> > \n> > > (b) matters that are not legal services but are related to a motor accidents matter.\n> \n> > (2) If there is a change in the Australian legal practitioner retained by a claimant or insurer in a motor accidents matter, the relevant costs are to be apportioned between the Australian legal practitioners concerned.\n> \n> > (3) If there is a dispute as to such an apportionment, either Australian legal practitioner concerned (or the client claimant or insurer concerned) may refer the dispute to the President for determination (unless the dispute arose in a matter involving a claim for damages that is exempt from assessment under section 7.34 of the Act).\n> \n> > (4) The President is to arrange for a dispute referred under this section to be dealt with by—\n> > \n> > > (a) if the dispute arose in a matter involving a claim for statutory benefits—a merit reviewer, or\n> > \n> > > (b) if the dispute arose in a matter involving a claim for damages—a member of the Commission assigned to the Motor Accidents Division of the Commission.\n> \n> > (5) An Australian legal practitioner has the same right of appeal against a determination made under subclause (3) as the practitioner would have under section 205 of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a) if the determination were a determination of a costs assessor under Division 7 of Part 4.3 of that Law.\n> \n> **cl 22:** Ins 2017 (639), Sch 1 \\[3\\]. Am 2020 (744), Sch 1.2\\[2\\]–\\[4\\]; 2022 No 25, Sch 1.3.","sortOrder":36},{"sectionNumber":"23","sectionType":"section","heading":"Costs not payable for internal review (section 8.3 (1) (c))","content":"#### 23 Costs not payable for internal review (section 8.3 (1) (c))\n\n23 Costs not payable for internal review (section 8.3 (1) (c))\n\n> It is declared that no costs are payable for legal services provided to a claimant or to an insurer in connection with an application for internal review by the insurer under Part 7 of the Act.\n> \n> **cl 23:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":37},{"sectionNumber":"23A","sectionType":"section","heading":"Certain costs not payable for compensation matter applications (section 8.3(1)(c))","content":"#### 23A Certain costs not payable for compensation matter applications (section 8.3(1)(c))\n\n23A Certain costs not payable for compensation matter applications (section 8.3(1)(c))\n\n> It is declared that no costs are payable for legal services in relation to a compensation matter application concerning a claim for damages, within the meaning of section 26 of the [Personal Injury Commission Act 2020](/view/html/inforce/current/act-2020-018), to the extent that the costs are payable on a practitioner and client basis.\n> \n> **cl 23A:** Ins 2020 (744), Sch 1.2\\[5\\].","sortOrder":38},{"sectionNumber":"24","sectionType":"section","heading":"Excluded matters (section 8.11)","content":"#### 24 Excluded matters (section 8.11)\n\n24 Excluded matters (section 8.11)\n\n> > (1) The maximum costs set out in Schedule 1 do not apply in respect of a legal service or other matter provided to a claimant or an insurer in a motor accidents matter involving a claim that is exempt from assessment under section 7.34 (Claims exempt from assessment) of the Act.\n> \n> > (2) An exclusion under subclause (1) extends to any costs incurred before the matter became exempt.\n> \n> > (3) The provisions of Part 8 of the Act do not apply to a legal service provided to a claimant by the Authority through the advisory service established under section 7.49 (Advisory service) of the Act.\n> \n> **cll 24:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":39},{"sectionNumber":"25","sectionType":"section","heading":"Maximum costs for matters subject to costs agreement","content":"#### 25 Maximum costs for matters subject to costs agreement\n\n25 Maximum costs for matters subject to costs agreement\n\n> > (1) Schedule 1 does not apply to costs in a motor accidents matter to the extent that the costs are payable on a practitioner and client basis if—\n> > \n> > > (a) an Australian legal practitioner makes a disclosure under Division 3 of Part 4.3 of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a) to a party to the matter with respect to the costs, and\n> > \n> > > (b) the practitioner enters into a costs agreement (other than a conditional costs agreement, within the meaning of that Part, that provides for the payment of a premium on the successful outcome of the matter concerned) with that party as to those costs in accordance with Division 4 of that Part, and\n> > \n> > > (c) the practitioner, before entering into the costs agreement, advises the party (in a separate written document) that, even if costs are awarded in favour of the party, the party will be liable to pay such amount of the costs provided for in the costs agreement as exceeds the amount that would be payable under the Act in the absence of a costs agreement, and\n> > \n> > > (d) the practitioner (but only if the party is a claimant) provides to the Authority, in the manner and time approved by the Authority, a costs breakdown in relation to the claim when the claim is finalised, and\n> > \n> > > (e) the amount paid in resolution of the claim by way of settlement or an award of damages is more than $75,000.\n> \n> > (2) However, the maximum costs recoverable in any such matter on a practitioner and client basis are fixed at the amount calculated by subtracting $75,000 from the amount paid in resolution of the claim.\n> \n> > (3) The amount paid in resolution of a claim includes any amount payable in connection with the claim on a party and party basis.\n> \n> > (4) The maximum costs specified in subclause (2) are inclusive of all legal services provided in the course of the claim during the period commencing on the acceptance of the retainer and ending on the resolution of the claim.\n> \n> > (5) This clause does not apply to a motor accidents matter involving a claim for statutory benefits.\n> \n> **cll 25:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":40},{"sectionNumber":"26","sectionType":"section","heading":"Maximum costs for claims made by minors (section 8.3 (1))","content":"#### 26 Maximum costs for claims made by minors (section 8.3 (1))\n\n26 Maximum costs for claims made by minors (section 8.3 (1))\n\n> > (1) The maximum costs for legal services provided to a claimant in connection with an exempt minor claim are (unless otherwise ordered by the court) as follows—\n> > \n> > > (a) except as provided by paragraph (b) or (c)—$5,000,\n> > \n> > > (b) if the amount paid in resolution of the claim is more than $25,000 (but not more than $50,000) and no associate of the claimant has made a claim in respect of the motor accident concerned—$10,000, or\n> > \n> > > (c) if the amount paid in resolution of the claim is more than $50,000 (but not more than $75,000) and no associate of the claimant has made a claim in respect of the motor accident concerned—$15,000.\n> \n> > (2) A claim is an exempt minor claim if a certificate has been issued under section 7.34 of the Act to the effect that the claim is exempt from assessment under Division 7.6 of the Act solely on the ground that the claimant is, on the date on which the certificate is issued, under the age of 18 years.\n> \n> > (3) A person is an associate of a claimant if—\n> > \n> > > (a) at the time of the accident to which the claim relates, the person was an occupant of the same motor vehicle as the claimant, and\n> > \n> > > (b) the person has retained to act on the person’s behalf in respect of any claim arising from the motor accident the same law practice as the claimant has retained in respect of the claimant’s claim.\n> \n> > (4) This clause does not apply to a claim if the amount paid in resolution of the claim is more than $75,000.\n> \n> > (5) The maximum costs specified in this clause are inclusive of all legal services provided in the course of the claim during the period commencing on the acceptance of the retainer and ending on the resolution of the claim.\n> \n> > (6) If there is a change in the Australian legal practitioner retained by a claimant or insurer in connection with a claim to which this clause applies, the relevant costs are to be apportioned between the Australian legal practitioners concerned.\n> \n> > (7) Any dispute as to such an apportionment may be determined by the court or referred by either Australian legal practitioner concerned (or the client or insurer concerned) to the Commission for determination.\n> \n> > (8) In this clause—\n> > \n> > resolution means any final resolution of a claim, whether by way of settlement, an award of damages or otherwise.\n> \n> **cl 26:** Ins 2017 (639), Sch 1 \\[3\\]. Am 2019 (49), Sch 2 \\[1\\]; 2020 (744), Sch 1.2\\[6\\].","sortOrder":41},{"sectionNumber":"27","sectionType":"section","heading":"Application of Division","content":"#### 27 Application of Division\n\n27 Application of Division\n\n> This Division applies in respect of fees for the provision of medical reports, and appearances as witnesses, by health practitioners.\n> \n> **cll 27:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":43},{"sectionNumber":"28","sectionType":"section","heading":"Maximum fees recoverable by medical practitioner (section 8.4 (1))","content":"#### 28 Maximum fees recoverable by medical practitioner (section 8.4 (1))\n\n28 Maximum fees recoverable by medical practitioner (section 8.4 (1))\n\n> > (1) The maximum fees for providing a service specified in Schedule 2 in relation to any motor accident are the fees set out in that Schedule for that service, except as otherwise provided by this Part.\n> \n> > (2) A reference in that Schedule to a report means, if the Motor Accident Guidelines require medical reports to be in a particular form, a report in that form.\n> \n> > (3) A claimant may not claim an amount set out in item 5 or 6 (relating to reports by treating medical practitioners) of Schedule 2 in respect of an initial report by a treating medical practitioner unless the claimant has requested in writing that the insurer provide the report to the claimant and the insurer has failed to do so within a reasonable time.\n> \n> **cll 28:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":44},{"sectionNumber":"29","sectionType":"section","heading":"Assessment of costs to produce information (section 8.6(4))","content":"#### 29 Assessment of costs to produce information (section 8.6(4))\n\n29 Assessment of costs to produce information (section 8.6(4))\n\n> The Commission may assess the reasonable costs in relation to the issuing of, or compliance with, a direction under section 49 of the [Personal Injury Commission Act 2020](/view/html/inforce/current/act-2020-018).\n> \n> **cl 29:** Ins 2017 (639), Sch 1 \\[3\\]. Subst 2020 (744), Sch 1.2\\[7\\].","sortOrder":46},{"sectionNumber":"30","sectionType":"section","heading":"Costs where claimant does not accept assessed amount of damages","content":"#### 30 Costs where claimant does not accept assessed amount of damages\n\n30 Costs where claimant does not accept assessed amount of damages\n\n> > (1) This clause applies to a claim for damages if—\n> > \n> > > (a) an assessment of the amount of damages for liability under the claim is made under Division 7.6 of the Act, and\n> > \n> > > (b) the claimant does not accept that amount of damages in settlement of the claim within 21 days after the certificate of assessment is issued.\n> \n> > (2) If the amount of court awarded damages in respect of the claim does not exceed the amount of damages specified in the certificate of assessment, the claimant is liable to pay the costs, not exceeding $25,000 (or such other amount as is determined by the Authority by order published in the Gazette), incurred by any party in respect of the claim.\n> \n> > (3) The insurer is liable to pay the costs incurred by any party in respect of the claim if the amount of court awarded damages—\n> > \n> > > (a) exceeds the amount of damages specified in the certificate of assessment by at least $2,000 or 20% (whichever is the greater), or\n> > \n> > > (b) exceeds the amount of damages specified in the certificate of assessment by at least $200,000.\n> \n> > (4) In any other case, the insurer and claimant are liable to pay their own costs incurred in respect of the claim.\n> \n> > (5) Subclauses (2)–(4) apply subject to any direction of a court as to costs.\n> \n> > (6) This clause does not apply to costs incurred in the matter before the certificate of assessment is issued.\n> \n> > (7) If court proceedings are adjourned under section 6.34 of the Act for further claims assessment because a party to the proceedings has adduced significant evidence in the proceedings that was available to the party at the time of the original claims assessment but was not made available to the Commission, the court—\n> > \n> > > (a) is to take the failure of the party to make that evidence available to the Commission into account, and\n> > \n> > > (b) may require the party to pay a greater share of the costs incurred after the initial certificate of assessment was issued and until a further certificate of assessment is issued in connection with the claim.\n> \n> > (8) In this section—\n> > \n> > costs means costs payable on a party and party basis.\n> > \n> > court awarded damages means all damages of any kind awarded by a court in respect of a claim (without the addition of interest) after taking into account any deduction or reduction in accordance with Part 4 of the Act.\n> \n> **cl 30:** Ins 2017 (639), Sch 1 \\[3\\]. Am 2020 (744), Sch 1.2\\[8\\].","sortOrder":47},{"sectionNumber":"31","sectionType":"section","heading":"Costs where insurer does not accept assessed amount of damages","content":"#### 31 Costs where insurer does not accept assessed amount of damages\n\n31 Costs where insurer does not accept assessed amount of damages\n\n> > (1) This clause applies to a claim for damages if—\n> > \n> > > (a) an assessment of the amount of damages for liability under the claim is made under Division 7.6 of the Act, and\n> > \n> > > (b) the insurer does not admit liability under the claim within 21 days after the certificate of assessment is issued.\n> \n> > (2) Subject to any direction of a court as to costs, the insurer is liable to pay the costs of the claimant incurred in respect of the claim and the maximum costs set out in this Regulation do not apply in respect of those costs.\n> \n> > (3) This clause does not apply to costs incurred in the matter before the certificate of assessment is issued.\n> \n> > (4) In this clause—\n> > \n> > costs of the claimant means the costs of the claimant payable on a party and party basis, including any court fees prescribed under section 8.7 of the Act.\n> \n> **cl 31:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":48},{"sectionNumber":"32","sectionType":"section","heading":"Non-attendance or cancellation of medical assessment (section 7.28 (1) and (3) (d))","content":"#### 32 Non-attendance or cancellation of medical assessment (section 7.28 (1) and (3) (d))\n\n32 Non-attendance or cancellation of medical assessment (section 7.28 (1) and (3) (d))\n\n> > (1) The Authority may recover from a claimant all or part of the costs reasonably incurred by the President as a consequence of the claimant—\n> > \n> > > (a) failing to attend an appointment scheduled by the President for a medical assessment of the claimant under Division 7.5 of the Act, or\n> > \n> > > (b) cancelling such an appointment within 72 hours of the scheduled time.\n> \n> > (2) The Authority may not recover the costs if the claimant has a reasonable excuse for the failure to attend or for the cancellation.\n> \n> **cl 32:** Ins 2017 (639), Sch 1 \\[3\\]. Am 2020 (744), Sch 1.2\\[9\\].","sortOrder":50},{"sectionNumber":"33","sectionType":"section","heading":"Calculation of private motor vehicle travel expenses for attendance at medical or other assessment or examination (sections 6.27 (5) and 7.28 (5))","content":"#### 33 Calculation of private motor vehicle travel expenses for attendance at medical or other assessment or examination (sections 6.27 (5) and 7.28 (5))\n\n33 Calculation of private motor vehicle travel expenses for attendance at medical or other assessment or examination (sections 6.27 (5) and 7.28 (5))\n\n> For the purposes of sections 6.27 (5) and 7.28 (5) of the Act, the cost of travel by a private motor vehicle for the purposes of either of the following is to be calculated at the rate of $0.66 per kilometre—\n> \n> > (a) attending a medical assessment under Division 7.5 of the Act,\n> \n> > (b) attending a medical or other health related examination, a rehabilitation assessment, an assessment to determine functional and vocational capacity or any other assessment under section 6.27 of the Act.\n> \n> **cll 33–35:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":51},{"sectionNumber":"34","sectionType":"section","heading":"Maximum amounts payable by insurer for treatment and care not provided at hospitals or provided at private hospitals (section 8.9)","content":"#### 34 Maximum amounts payable by insurer for treatment and care not provided at hospitals or provided at private hospitals (section 8.9)\n\n34 Maximum amounts payable by insurer for treatment and care not provided at hospitals or provided at private hospitals (section 8.9)\n\n> > (1) The maximum amount for which an insurer is liable in respect of any claim for fees payable for treatment and care to which section 8.9 of the Act applies is the amount listed, in respect of the treatment concerned, in the AMA List.\n> > \n> > Note.\n> > \n> > Section 8.9 of the Act does not apply to treatment and care that is provided at a hospital (whether to an in-patient or an out-patient) and for which any payment is required to be made to the hospital and not to the provider of the treatment. The section does apply to the fee payable to a private hospital for any treatment and care at the hospital.\n> \n> > (2) This clause applies only in relation to treatment and care—\n> > \n> > > (a) that is provided to an injured person by a health practitioner, and\n> > \n> > > (b) in respect of which a fee is specified in the AMA List.\n> \n> > (3) In this clause—\n> > \n> > AMA List means the document called List of Medical Services and Fees published by the Australian Medical Association and dated 1 November 2017 as amended or replaced, from time to time, by a document that—\n> > \n> > > (a) has been published by the Australian Medical Association, as an amendment to, or replacement of, the AMA List, and\n> > \n> > > (b) has been recognised by the Authority, by notice published in the Gazette.\n> \n> **cll 33–35:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":52},{"sectionNumber":"35","sectionType":"section","heading":"GST may be added to costs","content":"#### 35 GST may be added to costs\n\n35 GST may be added to costs\n\n> > (1) Despite the other provisions of this Part, a cost fixed by this Part may be increased by the amount of any GST payable in respect of the service to which the cost relates, and the cost as so increased is taken to be the cost fixed by this Part.\n> \n> > (2) This clause does not permit an Australian legal practitioner or medical practitioner to charge or recover, in respect of GST payable in respect of a service, an amount that is greater than 10% of the maximum amount payable under this Part to the Australian legal practitioner or medical practitioner in respect of the legal or other service apart from this clause.\n> \n> > (3) In this clause—\n> > \n> > GST has the same meaning as in the [A New Tax System (Goods and Services Tax) Act 1999](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **cll 33–35:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":53},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous\n\n**pt 7:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":54},{"sectionNumber":"36","sectionType":"section","heading":"Service of documents generally (section 11.5 (1) (f))","content":"#### 36 Service of documents generally (section 11.5 (1) (f))\n\n36 Service of documents generally (section 11.5 (1) (f))\n\n> > (1) A document that is authorised or required by the Act or this Regulation to be served on any person may be served by—\n> > \n> > > (a) electronic transmission to a mobile phone number specified by the person for the service of documents of that kind, or\n> > \n> > > (b) electronic transmission through an approved online system that enables the electronic service of documents of that kind.\n> \n> > (2) A document is sufficiently served on a person in connection with a claim for statutory benefits made by the person if it is served on an Australian legal practitioner acting for the person in connection with the claim.\n> \n> > (3) A document is sufficiently served on a person under legal incapacity in connection with a claim made by the person if it is served on the person’s appointed legal representative.\n> \n> > (4) This clause authorises additional methods of service to those set out in section 11.5 of the Act.\n> \n> > (5) In this clause—\n> > \n> > approved online system means an online system that is approved by—\n> > \n> > > (a) the Authority, or\n> > \n> > > (b) the Commission, or\n> > \n> > > (c) the Commission rules.\n> \n> **cl 36:** Ins 2017 (639), Sch 1 \\[3\\]. Am 2020 (744), Sch 1.2\\[10\\] \\[11\\].","sortOrder":55},{"sectionNumber":"37","sectionType":"section","heading":"Service of documents on Authority (section 11.6 (1) (d))","content":"#### 37 Service of documents on Authority (section 11.6 (1) (d))\n\n37 Service of documents on Authority (section 11.6 (1) (d))\n\n> > (1) A document may be served on the Authority by electronic transmission through an online system approved by the Authority for the purpose of enabling documents of that kind to be served in electronic form.\n> \n> > (2) This clause authorises an additional method of service to the methods of service set out in section 11.6 of the Act.\n> \n> **cl 37:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":56},{"sectionNumber":"38","sectionType":"section","heading":"Service of documents on Nominal Defendant (section 11.7 (1) (c))","content":"#### 38 Service of documents on Nominal Defendant (section 11.7 (1) (c))\n\n38 Service of documents on Nominal Defendant (section 11.7 (1) (c))\n\n> > (1) A document may be served on the Nominal Defendant by email to an email address specified by the Nominal Defendant for the service of documents of that kind.\n> \n> > (2) This clause authorises an additional method of service to the methods of service set out in section 11.7 of the Act.\n> \n> **cl 38:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":57},{"sectionNumber":"38A","sectionType":"section","heading":"Lifetime Care and Support Authority to disclose information to Authority (section 10.15(2) and (3))","content":"#### 38A Lifetime Care and Support Authority to disclose information to Authority (section 10.15(2) and (3))\n\n38A Lifetime Care and Support Authority to disclose information to Authority (section 10.15(2) and (3))\n\n> > (1) The Lifetime Care and Support Authority must disclose to the Authority on request information relating to payments of statutory benefits for treatment and care that the Lifetime Care and Support Authority is required to make as the relevant insurer under the Act, section 3.2(3).\n> \n> > (2) The information that may be requested under subclause (1) includes, but is not limited to—\n> > \n> > > (a) the total amount of payments of statutory benefits for treatment and care that the Lifetime Care and Support Authority estimates it will be required to make as the relevant insurer under the Act, section 3.2(3) for one or more specified future relevant periods, and\n> > \n> > > (b) the total amount of payments of statutory benefits for treatment and care that the Lifetime Care and Support Authority was required to make as the relevant insurer under the Act, section 3.2(3) for the current relevant period or one or more specified previous relevant periods, and\n> > \n> > > (c) the actual administrative and operational costs incurred by the Lifetime Care and Support Authority for one or more specified previous relevant periods, to the extent that those costs relate to the administration of the Act as the relevant insurer under the Act, section 3.2(3), and\n> > \n> > > (d) the administrative and operational costs that the Lifetime Care and Support Authority estimates it will incur for one or more specified future relevant periods, to the extent that those costs relate to the administration of the Act as the relevant insurer under the Act, section 3.2(3).\n> \n> > (3) The information must be disclosed within—\n> > \n> > > (a) a reasonable period specified by the Authority, or\n> > \n> > > (b) another period agreed by the Authority and the Lifetime Care and Support Authority.\n> \n> > (4) The Lifetime Care and Support Authority must, as soon as practicable after becoming aware of a matter that is likely to have a material financial impact on the motor accidents scheme under the Act, disclose to the Authority the following information relating to the matter—\n> > \n> > > (a) a description of the matter,\n> > \n> > > (b) an explanation of the reasons the matter has occurred,\n> > \n> > > (c) an assessment of the risks to the motor accidents scheme,\n> > \n> > > (d) a description of the steps that have been, or are proposed to be, taken to mitigate those risks.\n> \n> > (5) The matters in relation to which information must be disclosed under subclause (4) include, but are not limited to—\n> > \n> > > (a) a change in circumstances that is likely to affect the costs of the Lifetime Care and Support Authority in exercising its functions to the extent that those costs relate to the administration of the Act as the relevant insurer under section 3.2(3), and\n> > \n> > > (b) a change in the amount determined as the required contribution to the MAITC Benefits Fund under the Act, section 10.15(1)(d), for a relevant period, which represents an increase, or a decrease, of more than 10% in the amount determined for that purpose for the immediately preceding relevant period, and\n> > \n> > > (c) a matter involving one or more of the following that is likely to arise in relation to a claim in proceedings before a court, the Commission or a decision-maker if the Lifetime Care and Support Authority is a party to the proceedings—\n> > > \n> > > > (i) an issue that involves a question relating to the application of the Act or an instrument made under the Act,\n> > > \n> > > > (ii) an issue that involves a question of constitutional law,\n> > > \n> > > > (iii) a submission to a court that would, if accepted, substantially affect the statutory benefits or damages payable under the Act for similar claims,\n> > > \n> > > > (iv) criticism by the court, the Commission or the decision-maker.\n> \n> > (6) In this clause—\n> > \n> > decision-maker has the same meaning as in the [Personal Injury Commission Act 2020](/view/html/inforce/current/act-2020-018), section 32.\n> \n> **cl 38A:** Ins 2023 (105), Sch 1\\[2\\].","sortOrder":58},{"sectionNumber":"38B","sectionType":"section","heading":"Determination of maximum amounts for claims handling (section 10.15(3)(b))","content":"#### 38B Determination of maximum amounts for claims handling (section 10.15(3)(b))\n\n38B Determination of maximum amounts for claims handling (section 10.15(3)(b))\n\n> > (1) The Authority may determine, for a relevant period, the maximum amounts that may be determined by the Lifetime Care and Support Authority in relation to the cost of claims handling for the purposes of the Act, section 10.15(1)(b).\n> \n> > (2) The Authority must consult with the Lifetime Care and Support Authority before making a determination for a relevant period.\n> \n> > (3) The Authority must give the Lifetime Care and Support Authority written notice of the determination at least 6 months before the start of the relevant period to which the determination relates.\n> \n> **cl 38B:** Ins 2023 (105), Sch 1\\[2\\].","sortOrder":59},{"sectionNumber":"39","sectionType":"section","heading":"Records relating to collection of Fund levies (section 10.19 (1) (a))","content":"#### 39 Records relating to collection of Fund levies (section 10.19 (1) (a))\n\n39 Records relating to collection of Fund levies (section 10.19 (1) (a))\n\n> For the purposes of section 10.19 (1) (a) of the Act, the accounting and other records required to be kept by a licensed insurer in relation to Fund levies collected by the insurer on behalf of the Authority are records containing the following particulars in respect of each third-party policy issued by the insurer—\n> \n> > (a) the amount of the Fund levy collected,\n> \n> > (b) the date on which the policy commences,\n> \n> > (c) the date on which the premium for the policy was paid, in conjunction with payment of the Fund levy, by the person to whom it was issued.\n> \n> **cl 39:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":60},{"sectionNumber":"40","sectionType":"section","heading":"Determining efficiency of scheme","content":"#### 40 Determining efficiency of scheme\n\n40 Determining efficiency of scheme\n\n> > (1) The object of this clause is to enable the Authority to obtain information about costs in order to advise the Minister as to the efficiency and effectiveness of the motor accidents scheme under the Act.\n> \n> > (2) It is the duty of an Australian legal practitioner who represents a claimant when a claim is finalised (regardless of whether damages are to be paid to the claimant) to ensure that the Authority is provided, in the manner and time approved by the Authority, with a costs breakdown in relation to the claim.\n> \n> > (3) The duty in subclause (2) applies to all claims regardless of whether the claim is exempt from assessment under section 7.34 of the Act. However, the duty does not apply to a claim in a motor accidents matter if the claimant incurs no legal fees in the matter.\n> \n> > (4) If a barrister and a solicitor act for a claimant, the duty in subclause (2) falls on the solicitor and not the barrister.\n> \n> > (5) The Authority may provide any information contained in a costs breakdown to the Minister and may, if directed to do so by the Minister, publicise statistics produced from any such information.\n> \n> > (6) The Authority may forward to the Legal Services Commissioner any information obtained under this clause.\n> \n> > (7) In this clause—\n> > \n> > costs breakdown means a document that sets out, in a form approved by the Authority—\n> > \n> > > (a) the total amount paid by an insurer in finalising a claim for damages, and\n> > \n> > > (b) all deductions (including all legal costs and disbursements) in relation to the claim, and\n> > \n> > > (c) the final amount paid to the claimant.\n> \n> **cl 40:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":61},{"sectionNumber":"41","sectionType":"section","heading":"Referral fees","content":"#### 41 Referral fees\n\n41 Referral fees\n\n> > (1) An Australian legal practitioner has a duty not to receive consideration for referring a claimant (who is represented by the Australian legal practitioner) to a person for the purposes of a service being provided in respect of the claimant’s claim.\n> \n> > (2) An Australian legal practitioner is taken to receive consideration if a close associate of the Australian legal practitioner receives the consideration.\n> \n> > (3) An Australian legal practitioner has a duty not to give consideration for the referral of a person to the Australian legal practitioner for the purposes of the Australian legal practitioner representing the person in relation to a claim.\n> \n> > (4) An Australian legal practitioner is taken to give consideration if a close associate or close relative of the Australian legal practitioner gives the consideration.\n> \n> > (5) In this clause—\n> > \n> > close associate of an Australian legal practitioner means—\n> > \n> > > (a) an employer of the Australian legal practitioner (including, if the employer is a corporation, a director of the corporation), or\n> > \n> > > (b) a partner, or a close relative of the partner, of a law firm of which the Australian legal practitioner is also a partner, or\n> > \n> > > (c) an employee or agent of the Australian legal practitioner or of a person referred to in paragraph (a) or (b), or\n> > \n> > > (d) a close relative of the Australian legal practitioner.\n> > \n> > close relative of a person means—\n> > \n> > > (a) a spouse or de facto partner of the person, or\n> > \n> > > (b) a parent, grandparent, child or step-child of the person, or\n> > \n> > > (c) a sibling (including a half-sister, half-brother and step-sibling) of the person, or\n> > \n> > > (d) an aunt, uncle, cousin, niece or nephew of the person.\n> > \n> > consideration includes a fee or any other financial benefit but does not include hospitality that is reasonable in the circumstances.\n> \n> **cl 41:** Ins 2017 (639), Sch 1 \\[3\\].","sortOrder":62},{"sectionNumber":"42","sectionType":"section","heading":"Savings and transitional provision—the Act, Sch 4, cl 1","content":"#### 42 Savings and transitional provision—the Act, Sch 4, cl 1\n\n42 Savings and transitional provision—the Act, Sch 4, cl 1\n\n> > (1) The Act, Schedule 2, clause 2(c), as in force immediately before its repeal on 1 April 2023, continues to apply in relation to a motor accident occurring before 1 April 2023.\n> \n> > (2) Subclause (1) is taken to have commenced on 1 April 2023.\n> \n> **cl 42:** Ins 2023 (532), Sch 1.","sortOrder":63},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Maximum costs for legal services","content":"# Schedule 1 Maximum costs for legal services\n\nSchedule 1 Maximum costs for legal services\n\n(Clause 22 (1))\n\n**sch 1:** Ins 2017 (639), Sch 1 \\[4\\]. Am 2018 (555), Sch 1 \\[1\\]–\\[7\\]; 2019 (49), Sch 2 \\[2\\] \\[3\\]; 2020 (744), Sch 1.2\\[12\\]–\\[17\\]; 2022 No 78, Sch 2\\[6\\] \\[7\\].","sortOrder":64},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Maximum fees for medico-legal services","content":"# Schedule 2 Maximum fees for medico-legal services\n\nSchedule 2 Maximum fees for medico-legal services\n\n(Clause 28 (1))\n\n|  |  | Maximum fee |\n| Appearances as witnesses |\n| 1 | Health practitioners called to give evidence other than expert evidence, per hour (or proportionately if not for a full hour) to a maximum of 9 monetary units | 4.5 monetary units |\n| 2 | Health practitioners called to give expert evidence— |  |\n|  | (a) for the first 1.5 hours (including time travelling to the court from the medical professional’s home, hospital, place of practice, office or other place and return to that place from the court) | 12 monetary units |\n|  | (b) for every full hour after the first 1.5 hours (or proportionately if not for a full hour) | 4.5 monetary units |\n|  | to a maximum of 36 monetary units |  |\n| 3 | Travelling allowance (for travel by private motor vehicle) in connection with appearance as witness—per kilometre | 66 cents |\n| 4 | Accommodation and meals in connection with appearance as witness | reasonable costs |\n| Medical reports |\n| 5 | Report made by a treating general practitioner— |  |\n|  | (a) if a re-examination of the patient is not required | 3.75 monetary units |\n|  | (b) if a re-examination of the patient is required | 4.95 monetary units |\n| 6 | Report made by a treating specialist— |  |\n|  | (a) if a re-examination of the patient is not required | 12 monetary units |\n|  | (b) if a re-examination of the patient is required | 16 monetary units |\n| 7 | Report made by a specialist who has not previously treated the patient (where both parties have not jointly agreed to the appointment of the specialist)— |  |\n|  | (a) if an examination of the patient is not required | 12 monetary units |\n|  | (b) if an examination of the patient is required | 16 monetary units |\n| 8 | Report made by a specialist who has not previously treated the patient (where both parties have jointly agreed to the appointment of the specialist)— |  |\n|  | (a) if an examination of the patient is not required | 18 monetary units |\n|  | (b) if an examination of the patient is required | 22 monetary units |\n| 9 | Charges for copying medical reports—per page | $1 |\n| Cancellation fee |\n| 10 | Fee if appearance or medical report is not required | Not more than 50% of the relevant amount specified in this table |\n\n**sch 2:** Ins 2017 (639), Sch 1 \\[4\\]. Am 2018 (555), Sch 1 \\[1\\]–\\[7\\].","sortOrder":77},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Adjustment of maximum costs and fees for inflation","content":"# Schedule 3 Adjustment of maximum costs and fees for inflation\n\nSchedule 3 Adjustment of maximum costs and fees for inflation\n\n**sch 3:** Ins 2018 (555), Sch 1 \\[8\\].","sortOrder":78}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Based on the amendment history — with 10 versions over approximately six years — the regulation has clearly been modified beyond its original 2017 scope. The emergence of related legislation targeting claim farming practices in 2025 suggests the scheme has expanded to address problems (such as predatory solicitation of claimants) that were not prominent concerns at the time of original enactment."},"complexity_factors":["Multiple amendments over 11 versions since 2017, creating version-specific rules that may apply differently depending on when an accident occurred","Operates as subordinate legislation (a regulation) that must be read alongside its parent Act — the Motor Accident Injuries Act 2017 — making it impossible to understand in isolation","Governs a technically complex insurance scheme involving medical, legal, and financial entitlements","Interaction with other regulatory instruments and bodies (e.g., State Insurance Regulatory Authority)","Scheduled automatic repeal creates uncertainty about its future status and any transitional arrangements","Only metadata and status information was provided — the actual substantive content of the regulation is not visible, limiting full analysis but signalling significant underlying detail","Related legislative activity (Claim Farming Bill 2025) indicates the scheme is actively evolving, adding further complexity for those navigating it"],"plain_english_summary":"## Motor Accident Injuries Regulation 2017 (NSW)\n\n**What is this?**\nThis is a NSW regulation (a set of detailed rules made under a broader law) that supports the *Motor Accident Injuries Act 2017*. That Act overhauled how people injured in car accidents in NSW make insurance claims and receive compensation.\n\n**Who does it affect?**\n- Anyone injured in a motor vehicle accident in NSW\n- At-fault and not-at-fault drivers and passengers\n- Insurers handling CTP (Compulsory Third Party) claims — the insurance every registered vehicle must have\n- Legal practitioners and medical providers involved in accident injury claims\n\n**Why does it matter?**\nThis regulation fills in the operational details of the motor accident injury scheme — things like timeframes for lodging claims, how benefits are calculated, what medical treatment is covered, and procedural rules for resolving disputes. In plain terms, it determines the nuts and bolts of how an injured person actually accesses their entitlements after a crash.\n\n**Important things to know:**\n- The regulation has been amended **multiple times** since 2017, meaning the rules have changed repeatedly — what applied when you had your accident may differ from the current version\n- It is scheduled to be **automatically repealed on 1 September 2026** (meaning it will expire unless action is taken to renew or replace it)\n- A related Bill targeting **'claim farming'** (where third parties improperly solicit injured people to make claims) is also in play, suggesting the broader scheme continues to evolve"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Regulation appears to maintain its original scope as a detailed implementation instrument for the Motor Accident Injuries Act 2017. While it has been amended multiple times since commencement (as evidenced by amendment notes throughout), these changes appear to be refinements and updates within the established framework rather than expansion into new areas. The core structure covering insurance, benefits, dispute resolution, and costs remains consistent with the original regulatory intent."},"complexity_factors":["Extensive cross-referencing to the Motor Accident Injuries Act 2017 and other legislation (Civil Liability Act 2002, Road Transport Act 2013, Personal Injury Commission Act 2020, etc.)","Complex staged cost structure in Schedule 1 with multiple tables, base amounts, per-dollar calculations, and different rules depending on when lawyers are retained","Inflation adjustment mechanism using a 'monetary unit' formula based on CPI calculations (Schedule 3)","Multiple nested exceptions and conditional provisions (e.g., costs agreements that override caps only if specific disclosure requirements are met and settlement exceeds $75,000)","Detailed fee schedules with different rates for treating vs non-treating specialists, examinations vs no examinations, and various dispute resolution stages","Geographic loading system for country and interstate appearances with specific dollar amounts for 50+ towns","Multiple amendment notes throughout indicating frequent changes since 2017"],"plain_english_summary":"**What this legislation does:**\n\nThis Regulation sets out the detailed rules for how New South Wales's motor accident compensation scheme operates in practice. It works alongside the *Motor Accident Injuries Act 2017* to fill in the practical details that the main Act doesn't cover.\n\n**Key areas covered:**\n\n- **Insurance requirements:** Specifies which vehicles need third-party insurance and which special categories (like vintage cars, golf buggies, or agricultural vehicles) are treated differently.\n\n- **What counts as a \"threshold injury\":** Defines which injuries are considered minor (limiting compensation rights), including specific mental health conditions (acute stress disorder and adjustment disorder) and certain spinal nerve injuries.\n\n- **Statutory benefits:** Sets the minimum weekly payment amounts for injured people (2.5% of the maximum) and rules about when late claims can be accepted.\n\n- **Dispute resolution:** Establishes procedures for internal reviews, medical assessments, and claims assessments when injured people and insurers disagree.\n\n- **Legal and medical costs:** Caps how much lawyers can charge for different stages of a claim and how much doctors can charge for medical reports and appearing as witnesses. These caps are adjusted annually for inflation using a \"monetary unit\" system.\n\n- **Anti-fraud measures:** Bans lawyers from paying or receiving referral fees for sending clients to particular services.\n\n**Who it affects:**\n\n- Anyone injured in a motor accident in NSW\n- Motor vehicle owners and drivers\n- Insurance companies (licensed insurers)\n- Lawyers and medical practitioners handling accident claims\n- The State Insurance Regulatory Authority (SIRA) and the Personal Injury Commission\n\n**Why it matters:**\n\nThis Regulation directly determines how much compensation injured people receive, how long they have to claim, what evidence they need, and how much they can be charged for legal help. It balances providing support for injured people with controlling costs to keep insurance premiums affordable."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Regulation as published includes multiple insertions and amendments that change scope and detail from earlier versions. Examples in the text include: the expansion of what counts as a threshold injury to explicitly include acute stress disorder and adjustment disorder and to treat certain spinal nerve root injuries as soft tissue injuries [cl 4]; insertion of a time‑for‑claims provision (clause 8A) that authorises retrospective payment of weekly statutory benefits in certain circumstances but only for accidents on or after 1 April 2023 [cl 8A]; new disclosure and information sharing duties involving the Lifetime Care and Support Authority and the Authority (clauses 38A and 38B) inserted in 2023; and the addition of an indexation schedule for the monetary unit and notice requirements (Schedule 3) inserted in 2018. The Regulation therefore modifies and supplements the original regulatory detail over time, creating amended definitions, added procedural requirements and new administrative duties that expand or alter the Regulation’s operational scope (see cll 4, 8A, 38A–38B, Sched 3)."},"complexity_factors":["Extensive cross‑references to the Act and other statutes (Civil Liability Act 2002, Road Transport Act 2013, Personal Injury Commission Act 2020, etc.) which require reading multiple instruments to understand effect","Detailed fee and cost schedules (Schedules 1 and 2) with multi‑stage, tiered and conditional calculations tied to settlement or award amounts","Indexation mechanism for the monetary unit tied to CPI with rounding rules and floor‑protection (Schedule 3)","Multiple exceptions and carve‑outs (claims exempt from assessment, excluded costs, costs‑agreement exceptions) that alter applicability in different factual scenarios","Procedural timing rules and consequences (notice periods, assessment acceptance day, 21‑day and 28‑day deadlines, interest rates) that interact across provisions [cll 15–16, 30–31]","Delegated decision‑making and discretion allocated to the Authority, the President and the Commission (fee recognition, apportionment disputes, dispute referral approvals) requiring administrative action to implement","Administrative and reporting obligations on several parties (insurers, legal practitioners, Lifetime Care and Support Authority) increasing compliance coordination","Evidence‑restriction rules for medical matters that affect admissibility and dispute strategy [cl 18]","Transitional and savings provisions that preserve older rules for earlier accidents, creating parallel rule sets for different timeframes [cl 42]"],"plain_english_summary":"What this Regulation does, in plain English\n\n- Mechanically, this Regulation fills in detailed rules and dollar limits needed to operate the Motor Accident Injuries Act 2017. It prescribes which vehicles are treated as subject to unregistered vehicle permits [cl 5]; what counts as a \"threshold injury\" (including certain psychiatric diagnoses) [cl 4]; how and when insurers may ask Transport for NSW to suspend or cancel vehicle registration for unpaid third‑party policies and the notice that must be given to owners [cl 6]; minimum statutory weekly benefit calculations [cl 7]; limits on legal and medico‑legal fees and the way those caps are indexed for inflation [cll 22, 28; Sched 3]; procedures and time limits for internal and merit review, claims assessment and payment of assessed damages (including interest on late payments) [cll 12, 15, 16]; and a range of administrative and disclosure duties for the Authority, the Commission, insurers, legal practitioners and the Lifetime Care and Support Authority [cll 29, 36–40, 38A].\n\n- Who is affected and who pays\n\n  - Claimants (injured people) and their legal advisers: their access to recoverable legal costs is capped in many parts of the scheme; they must provide particulars and may have to accept or reject assessed amounts in prescribed timeframes [cll 12, 15, Sched 1 Part 1–2]. Claimants may have to repay or meet some costs if they don’t accept an assessment and the final court award does not exceed the assessed amount [cl 30]. Claimants may be liable for medical assessment non‑attendance costs in some circumstances [cl 32].\n\n  - Insurers: required to keep specific levy and premium records [cl 39], to notify claimants about review rights and proposed registration suspensions [cll 6, 12], to pay assessed damages within fixed timeframes (or pay statutory interest) [cl 16], and in some circumstances to pay costs if they do not admit liability after a claims assessment [cl 31]. Insurers also remain the primary payers of statutory benefits and damages subject to the Act’s rules.\n\n  - Legal practitioners and medical practitioners: the Regulation fixes maximum fees they may recover for specific services (see Schedule 1 and Schedule 2) [cll 22, 28; Sched 2]. There are duties on lawyers to supply costs breakdowns to the Authority when claims finalise [cl 40], and prohibitions on paying or receiving referral consideration [cl 41].\n\n  - The Authority and the Commission: the Authority has powers to determine indexed monetary units, recognise fee lists (for example the AMA List for certain medical fees) and to set some maxima for claims handling by the Lifetime Care and Support Authority [cll 34, 38B; Sched 3]. The President and the Commission have roles in resolving disputes over apportionment of costs and in assessing certain costs [cll 22(3)–(4), 29].\n\n- Why the Regulation matters (official purpose and how the rules work mechanically)\n\n  - The Regulation operationalises the Act by setting: who pays what and when (payment deadlines, interest, which party bears costs in dispute scenarios) [cll 16, 30–31]; maximum recoverable legal and medical fees for defined services and dispute stages (Schedules 1–2); how to index monetary units for inflation (Schedule 3); and administrative and disclosure obligations that feed scheme oversight and efficiency reporting [cl 40]. The text explicitly states an object of enabling the Authority to obtain cost information to advise the Minister on scheme efficiency [cl 40(1)].\n\n- How the stated purposes trade off against costs, incentives and implementation mechanics (source‑grounded)\n\n  - Caps on fees and fees schedules (Schedules 1 and 2; cll 22, 28): these create predictable maximum charges for legal and medico‑legal services. The direct effect is to limit recoverable costs that claimants and insurers can obtain. The Regulation permits costs agreements that may exceed the schedule in limited circumstances (claims resolved above $75,000) but requires disclosure and reporting to the Authority [cl 25]. Mechanism: capped recoverable fees reduce the amount that can be recovered from the other party; costs agreements shift some payment risk back onto the client but only where recorded and reported [cl 25].\n\n  - Incentives for settlement timing: the Regulation ties some cost entitlements to settlement or award amounts and to whether liability was admitted at certain stages (Stages and Tables in Schedule 1 Part 2; cll 30–31). Mechanism: if claimants reject an assessed amount and later obtain no greater award, they may bear costs up to specified caps; if an insurer fails to admit liability after assessment, the insurer may be made liable for claimant costs without the capped limits applying [cll 30–31]. This connects financial risk to decisions about accepting assessments or commencing court proceedings.\n\n  - Administrative and reporting burdens: lawyers must provide a costs breakdown to the Authority when a claim finalises (duty on practitioner) and keep records of levies must be kept by insurers [cll 39–40]. Mechanism: increased reporting supports the Authority’s ability to advise on scheme efficiency but creates compliance work for law practices and insurers.\n\n  - Evidence and medical assessment controls: the Regulation prescribes specific grounds for re‑referral of medical disputes and defines certain medical matters as subject to evidence restriction (for example whether a treatment was reasonable or whether an injury is a threshold injury) [cll 13, 18]. Mechanism: these rules limit what treating practitioners can testify to in certain dispute contexts and restrict repeat referrals unless material effect is likely, which focuses dispute processes but may limit types of admissible evidence.\n\n  - Discretion and oversight: the Authority, President and Commission retain decision roles (for approving dispute referrals, determining apportionments of fees between practitioners, recognising the AMA List for medical fees, and setting some maxima for claims handling) [cll 22(3)–(4), 34, 38B]. Mechanism: the rules delegate implementation choices and timing obligations to these bodies (for example, the Authority must give 6 months’ notice in some determinations and must publish indexed amounts after CPI release) [cl 38B(3); Sched 3 cl 4]. This concentrates operational discretion in statutory bodies while prescribing procedural steps they must follow.\n\n- Compliance burden and practical actions required by parties (source examples)\n\n  - Insurers must give particular notices and keep levy records [cll 6, 39].\n  - Legal practitioners must disclose costs agreements in specified circumstances and supply final costs breakdowns to the Authority [cll 25, 40].\n  - Claimants must accept or reject assessed damages within set periods and can be liable for costs if they decline and later obtain no higher award [cll 15, 30].\n  - Medical witnesses and treating practitioners face capped fees and limits on the kinds of evidence they may give in certain matters [Sched 2; cl 18].\n\n- Concentrated benefits and potential substitution effects (mechanisms, not judgments)\n\n  - Fee caps concentrate benefit on payers (insurers and ultimately the Fund) by constraining recoverable outlays for legal and expert services [Sched 1–2; cll 22, 28].\n  - Allowance for costs agreements above $75,000 (with reporting requirements) creates a channel for higher remuneration when clients agree to pay more; the mechanism requires disclosure and reporting to the Authority [cl 25].\n\n- Timing and transitional rules to note\n\n  - Some provisions apply or are preserved for accidents occurring before specified dates (for example, a savings provision preserves a prior Act clause for accidents before 1 April 2023) [cl 42].\n  - Indexing of the monetary unit for fees is automatic once CPI data are published, with rounding rules and instructions for public notice [Sched 3 cll 2–4].\n\nKey source pointers: cl 4 (threshold injuries), cl 5 (vehicles treated as unregistered permit vehicles), cl 6 (insurer notice before registration suspension request), cll 12, 15–16 (review and payment timings), cll 22–31 and Schedules 1–2 (cost and fee caps), cl 32 (non‑attendance costs), cl 34 (use of AMA List for some medical fees), cl 36–38 (electronic service options), cl 40 (costs breakdown duty), cl 41 (referral fees duties), Sched 3 (indexation of monetary unit), cl 42 (transitional savings)."}},"importantCases":[],"_links":{"self":"/api/acts/motor-accident-injuries-regulation-2017","history":"/api/acts/motor-accident-injuries-regulation-2017/history","analysis":"/api/acts/motor-accident-injuries-regulation-2017/analysis","conflicts":"/api/acts/motor-accident-injuries-regulation-2017/conflicts","importantCases":"/api/acts/motor-accident-injuries-regulation-2017/important-cases","documents":"/api/acts/motor-accident-injuries-regulation-2017/documents"}}