{"id":"nsw:sl-2020-0491","name":"Motor Accidents Compensation Regulation 2020","slug":"motor-accidents-compensation-regulation-2020","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"491 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176407,"registerId":"nsw-nsw:sl-2020-0491-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 Accidents Compensation Regulation 2020](/view/html/inforce/current/sl-2020-0491).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2020 and is required to be published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation replaces the [Motor Accidents Compensation Regulation 2015](/view/html/repealed/current/sl-2015-0114), which is repealed on 1 September 2020 by section 10(2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > costs breakdown means a document that sets out the following, in a form approved by the Authority—\n> > \n> > > (a) the total amount paid by an insurer in finalising a claim for damages,\n> > \n> > > (b) all deductions, including all legal costs and disbursements, in relation to the claim,\n> > \n> > > (c) the final amount paid to the claimant.\n> > \n> > health practitioner has the same meaning as in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).\n> > \n> > monetary unit or MU—see Schedule 3.\n> > \n> > the Act means the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041).\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 2020 (744), Sch 2\\[1\\] \\[2\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Costs","content":"# Part 2 Costs\n\nPart 2 Costs","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Costs not regulated by Part","content":"#### 4 Costs not regulated by Part\n\n4 Costs not regulated by 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 interpreter or translation services,\n> \n> > (f) court fees,\n> \n> > (g) travel costs and expenses of the claimant for attendance at the Commission or a court,\n> \n> > (h) witness expenses at the Commission or a court.\n> \n> **cl 4:** Am 2020 (744), Sch 2\\[3\\].","sortOrder":6},{"sectionNumber":"Division 2","sectionType":"division","heading":"Maximum legal and other costs","content":"## Division 2 Maximum legal and other costs\n\nDivision 2 Maximum legal and other costs","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Application of Division","content":"#### 5 Application of Division\n\n5 Application of Division\n\n> > (1) This Division is made under section 149 of the Act and 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 149(2) of the Act provides that a legal practitioner is not entitled to be paid or recover for a legal service or other matter an amount that exceeds any maximum costs fixed for the service or matter by regulations under section 149.\n> \n> > (2) This Division does not affect costs recovered before 17 December 1999 or for which a bill of costs was issued before that day.\n> \n> Note.\n> \n> Section 147(2) of the Act provides that expressions in Chapter 6 (Costs) of the Act (and consequently expressions used in this Part) have the same meaning as they have 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)).","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Fixing of maximum costs recoverable by legal practitioners","content":"#### 6 Fixing of maximum costs recoverable by legal practitioners\n\n6 Fixing of maximum costs recoverable by legal practitioners\n\n> > (1) Except as otherwise provided by this Part, the costs set out in Schedule 1 are the maximum costs 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 the apportionment, either Australian legal practitioner concerned, or the client claimant or insurer concerned, may refer the dispute to the Commission for determination.\n> \n> > (4) Subclause (3) does not apply if the dispute arose in a matter in which, under section 92 of the Act, the claim is exempt from assessment.\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 6:** Am 2020 (744), Sch 2\\[4\\].","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Excluded matters","content":"#### 7 Excluded matters\n\n7 Excluded matters\n\n> > (1) The maximum costs set out in Schedule 1 do not apply in respect of a matter in which, under section 92 of the Act, the claim is exempt from assessment.\n> \n> > (2) An exclusion under this clause in respect of a matter involving a claim referred to in section 92(1)(b) of the Act extends to any costs incurred before the matter became exempt.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Contracting out—practitioner and client costs","content":"#### 8 Contracting out—practitioner and client costs\n\n8 Contracting out—practitioner and client costs\n\n> > (1) Schedule 1 does not apply to costs in a motor accidents matter to the extent that they 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 with that party as to those costs in accordance with Division 4 of that Part, and\n> > \n> > > (c) before entering into the costs agreement, the practitioner 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 the amount of the costs provided for in the costs agreement that exceeds the amount that would be payable under the Act in the absence of a costs agreement, and\n> > \n> > > (d) where the party is a claimant—the practitioner provides to the Authority, at the time and in the way 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 $50,000.\n> \n> > (2) However, the maximum costs recoverable in the matter on a practitioner and client basis are fixed at the amount calculated by subtracting $50,000 from the amount paid in resolution of the claim.\n> \n> > (3) For the purposes of subclause (2), the amount paid in resolution of a claim includes the amount (if any) payable in connection with the claim on a party and party basis.\n> \n> > (4) The maximum costs specified in subclause (2) include 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) A costs agreement referred to in subclause (1)(b) does not include a conditional costs agreement, within the meaning of Part 4.3 of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a), that provides for the payment of a premium on the successful outcome of the matter concerned.\n> \n> > (6) Subclause (1)(e) and (2)–(4) do not apply if the party is an insurer.\n> \n> > (7) This clause does not apply to costs involving a compensation matter application, as referred to in Schedule 1, clause 2A.\n> \n> **cl 8:** Am 2020 (744), Sch 2\\[5\\].","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Maximum costs for claims made by children","content":"#### 9 Maximum costs for claims made by children\n\n9 Maximum costs for claims made by children\n\n> > (1) This clause applies to a claim if—\n> > \n> > > (a) a certificate has been issued under section 92 of the Act to the effect that the claim is exempt from assessment under Part 4.4 of the Act, and\n> > \n> > > (b) the exemption is solely on the ground that the claimant is under the age of 18 years on the date on which the certificate is issued, and\n> > \n> > > (c) the amount paid in resolution of the claim is not more than $50,000.\n> \n> > (2) The maximum costs for legal services provided to a claimant in connection with a claim to which this clause applies are as follows, unless otherwise ordered by the court—\n> > \n> > > (a) except as provided by paragraph (b)—$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 associated person has made a claim in respect of the motor accident concerned—$10,000.\n> \n> > (3) 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> > (4) 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> > (5) Any dispute as to the 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> > (6) In this clause—\n> > \n> > associated person, in relation to a claimant who has made a claim in respect of a motor accident, means any person who—\n> > \n> > > (a) at the time of the accident, was an occupant of the same motor vehicle as the claimant, and\n> > \n> > > (b) 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> > resolution means any final resolution of a claim, whether by way of settlement, an award of damages or otherwise.\n> \n> **cl 9:** Am 2020 (744), Sch 2\\[4\\].","sortOrder":12},{"sectionNumber":"Division 3","sectionType":"division","heading":"Medico-legal fees and expert witnesses","content":"## Division 3 Medico-legal fees and expert witnesses\n\nDivision 3 Medico-legal fees and expert witnesses","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Application of Division","content":"#### 10 Application of Division\n\n10 Application of Division\n\n> This Division is made under section 150 of the Act and applies in respect of fees for the provision of medical reports, and appearances as witnesses, by medical practitioners.\n> \n> Note.\n> \n> Section 150(2) of the Act provides that a medical practitioner is not entitled to be paid or recover any fee for providing a service that exceeds any maximum fee fixed under section 150 for the provision of the service.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Maximum fees recoverable by medical practitioner","content":"#### 11 Maximum fees recoverable by medical practitioner\n\n11 Maximum fees recoverable by medical practitioner\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 Accidents Medical 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 of Schedule 2 in respect of an initial report by an attending medical practitioner unless—\n> > \n> > > (a) the claimant has requested in writing that the insurer provide the report to the claimant, and\n> > \n> > > (b) the insurer has failed to do so within a reasonable time.\n> \n> > (4) This clause does not affect fees recovered before 17 December 1999 or for which a bill was issued before that day.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Limit on costs for expert witnesses","content":"#### 12 Limit on costs for expert witnesses\n\n12 Limit on costs for expert witnesses\n\n> > (1) Costs are not to be included in an assessment or award of damages in respect of an expert witness giving evidence, or providing a report, on behalf of the claimant in relation to a claims assessment or in court proceedings under the Act, except for costs in respect of—\n> > \n> > > (a) one medical expert in any specialty, and\n> > \n> > > (b) 2 experts of any other kind.\n> \n> > (2) Subclause (1) does not apply if the Commission or court concerned agrees that costs are payable in respect of a greater number of expert witnesses in the matter.\n> \n> > (3) Despite subclause (1)(a), if there is a substantial issue as to a matter referred to in section 58(1)(d) of the Act, costs are payable in respect of 2 medical experts in any specialty relevant to the injury concerned.\n> \n> > (4) This clause extends to costs incurred in connection with medical assessments.\n> \n> **cl 12:** Am 2020 (744), Sch 2\\[4\\].","sortOrder":16},{"sectionNumber":"Division 4","sectionType":"division","heading":"Assessment of claims","content":"## Division 4 Assessment of claims\n\nDivision 4 Assessment of claims","sortOrder":17},{"sectionNumber":"12A","sectionType":"section","heading":"Claims exempt from assessment","content":"#### 12A Claims exempt from assessment\n\n12A Claims exempt from assessment\n\n> > (1) For the purposes of section 92(1)(a) of the Act, the following kinds of claims are exempt from assessment under Part 4.4 of the Act—\n> > \n> > > (a) a claim in 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 against a person who is not a licensed insurer or a third-party insurer,\n> > \n> > > (d) a claim in relation to which the insurer, by written notice to the claimant, alleges that the claim is fraudulent because the claimant—\n> > > \n> > > > (i) made a statement about the circumstances of the motor accident that gave rise to the claim, and\n> > > \n> > > > (ii) in making the statement, contravened section 117 of the Act,\n> > \n> > > (e) a claim for which the insurer, by written notice to the claimant and to the owner or driver of the motor vehicle to which a third-party policy relates, declines to indemnify the owner or driver under the third-party policy,\n> > \n> > > (f) a claim for which the insurer, by written notice to the claimant, denies liability because the insurer denies the fault of the owner or driver of the motor vehicle in the use or operation of the vehicle.\n> \n> > (2) In this clause—\n> > \n> > person under legal incapacity includes the following persons—\n> > \n> > > (a) a child under the age of 18 years,\n> > \n> > > (b) an involuntary patient or forensic patient within the meaning of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008),\n> > \n> > > (c) a person under guardianship within the meaning of the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257),\n> > \n> > > (d) a protected person within the meaning of the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049),\n> > \n> > > (e) an incommunicate person, being a person with a physical or mental disability that prevents the person from receiving communications, or expressing their will, in relation to the person’s property or affairs.\n> \n> **cl 12A:** Ins 2020 (744), Sch 2\\[6\\].","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Assessment of costs by Commission","content":"#### 13 Assessment of costs by Commission\n\n13 Assessment of costs by Commission\n\n> > (1) In making an assessment and specifying damages under section 94 of the Act in respect of a claim, the Commission may include in the assessment an assessment of the claimant’s costs in the matter, including—\n> > \n> > > (a) costs for legal services referred to in Schedule 1, and\n> > \n> > > (b) fees for medico-legal services referred to in Schedule 2.\n> \n> > (2) An assessment of those costs may also be made, whether or not an assessment has been made under subclause (1), if a court—\n> > \n> > > (a) does not determine a matter after the issue of a certificate under section 94 of the Act, and\n> > \n> > > (b) remits the matter to the Commission for further assessment.\n> \n> > (3) In making an assessment under this clause, the Commission—\n> > \n> > > (a) may have regard to the amount of any written offer of settlement made by either party to the matter, and\n> > \n> > > (b) must give effect to—\n> > > \n> > > > (i) any requirement of a court under section 151(3) of the Act, and\n> > > \n> > > > (ii) clause 12 of this Regulation, and\n> > \n> > > (c) must have regard to the principles and matters referred to in section 200 of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a).\n> \n> > (4) The amount of any assessment under this clause must not exceed the relevant amounts set out in Schedules 1 and 2.\n> \n> **cl 13:** Am 2020 (744), Sch 2\\[3\\] \\[4\\] \\[7\\].","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Assessment of costs to produce information","content":"#### 14 Assessment of costs to produce information\n\n14 Assessment of costs to produce information\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 14:** Subst 2020 (744), Sch 2\\[8\\].","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Appeals against assessment","content":"#### 15 Appeals against assessment\n\n15 Appeals against assessment\n\n> Each of the following persons has the same right of appeal against an assessment made under this Division as the claimant, insurer or legal practitioner would have under section 89 of the [Legal Profession Uniform Law Application Act 2014](/view/html/inforce/current/act-2014-016) if the assessment were a decision of a costs assessor under Part 7 of that Act in relation to a bill of costs—\n> \n> > (a) a claimant,\n> \n> > (b) an insurer,\n> \n> > (c) a legal practitioner retained by a claimant or an insurer in respect of the relevant claim.","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Costs where insurer does not accept assessed amount of damages","content":"#### 16 Costs where insurer does not accept assessed amount of damages\n\n16 Costs where insurer does not accept assessed amount of damages\n\n> > (1) This clause applies if an assessment is made under Part 4.4 of the Act of the amount of damages for liability under a claim and the insurer does not accept that liability under the claim within 21 days after the certificate of assessment is issued.\n> \n> > (2) In that case, and subject to any direction of a court as to costs—\n> > \n> > > (a) the insurer is liable to pay all the costs of the claimant incurred in the matter after the certificate of assessment is issued, and\n> > \n> > > (b) the maximum costs set out in this Regulation do not apply in respect of those costs.\n> \n> > (3) 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 154 of the Act.","sortOrder":22},{"sectionNumber":"Division 5","sectionType":"division","heading":"Other costs matters","content":"## Division 5 Other costs matters\n\nDivision 5 Other costs matters","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Non-attendance or cancellation of appointment","content":"#### 17 Non-attendance or cancellation of appointment\n\n17 Non-attendance or cancellation of appointment\n\n> > (1) This clause applies if the President schedules an appointment for a medical assessment under Part 3.4 of the Act and the claimant, without reasonable excuse—\n> > \n> > > (a) fails to attend the appointment, or\n> > \n> > > (b) cancels the appointment within 72 hours of the scheduled time.\n> \n> > (2) In that case, the Authority may recover from the claimant all or part of the costs reasonably incurred by the President as a consequence of the non-attendance or cancellation.\n> \n> **cl 17:** Am 2020 (744), Sch 2\\[9\\].","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Private motor vehicle travel expenses incurred by injured persons","content":"#### 18 Private motor vehicle travel expenses incurred by injured persons\n\n18 Private motor vehicle travel expenses incurred by injured persons\n\n> For the purposes of sections 64(5), 84(6) and 86(5) of the Act, the cost of travel by a private motor vehicle for any of the following purposes is to be calculated at the rate of $0.55 per kilometre—\n> \n> > (a) attending a medical assessment under Part 3.4 of the Act,\n> \n> > (b) obtaining rehabilitation services under Part 4.3 of the Act,\n> \n> > (c) attending a medical examination or rehabilitation assessment under Part 4.3 of the Act.","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"GST may be added to costs","content":"#### 19 GST may be added to costs\n\n19 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 a 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 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.","sortOrder":26},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Maximum amounts payable by insurer for certain treatment","content":"#### 20 Maximum amounts payable by insurer for certain treatment\n\n20 Maximum amounts payable by insurer for certain treatment\n\n> > (1) This clause applies in relation to treatment to which section 56 of the Act applies, being treatment—\n> > \n> > > (a) that is provided to an injured person by a health care professional, and\n> > \n> > > (b) in respect of which a fee is specified in the AMA List.\n> \n> > (2) However, this clause does not apply in relation to treatment received by an injured person before 17 December 1999.\n> \n> > (3) For the purposes of section 56(3) of the Act, the maximum amount for which an insurer is liable in respect of any claim for fees payable for treatment to which this clause applies is the amount listed, in respect of the treatment concerned, in the AMA List.\n> > \n> > Note.\n> > \n> > Section 56 of the Act does not apply to treatment that is provided at a hospital (whether to an in-patient or 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 at the hospital.\n> \n> > (4) 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 December 2019 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.","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Motor vehicles subject to unregistered vehicle permits","content":"#### 21 Motor vehicles subject to unregistered vehicle permits\n\n21 Motor vehicles subject to unregistered vehicle permits\n\n> > (1) For the purposes of section 10A(1)(c) of the Act, the following classes of motor vehicles are prescribed—\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 (but only during the time that the motor vehicles are 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 Transport for NSW as an 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 a 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 Transport for NSW 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 an hour,\n> > \n> > > (h) motor vehicles that are trackless trains,\n> > \n> > > (i) any other motor vehicles that have been granted full exemption from—\n> > > \n> > > > (i) motor vehicle tax within the meaning of the [Motor Vehicles Taxation Act 1988](/view/html/inforce/current/act-1988-111) (under section 17(1)(p) of that Act), or\n> > > \n> > > > (ii) registration charges within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) (under clause 10(2) of Schedule 4 to the [Road Transport (Vehicle Registration) Regulation 2017](/view/html/inforce/current/sl-2017-0451)).\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 21:** Am 2021 No 22, Sch 5.4\\[1\\] \\[2\\].","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Time for payment by insurer of assessed amount of damages","content":"#### 22 Time for payment by insurer of assessed amount of damages\n\n22 Time for payment by insurer of assessed amount of damages\n\n> > (1) For the purposes of section 95(2A) of the Act, an insurer must pay an assessed amount of damages to the claimant concerned within 20 business days of the claimant’s communication of acceptance of the assessment.\n> \n> > (2) Despite subclause (1), if an insurer is required by law to make a deduction from the assessed amount of damages payable to the claimant, the insurer must—\n> > \n> > > (a) notify the person to whom the deduction is payable, and\n> > \n> > > (b) request advice as to the amount of the deduction that is required from the person to whom the deduction is payable within 10 business days of the claimant’s communication of acceptance of the assessment, and\n> > \n> > > (c) on receipt of that advice, pay the balance of the assessed amount of damages to the claimant within 20 business days of the date of the advice or, if deductions are payable to more than 1 person, within 20 business days of the receipt of all advice from those persons relating to the assessed amount of damages.\n> \n> > (3) 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.\n> \n> > (4) The rate of 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.","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Prescribed authority for access to protected information","content":"#### 23 Prescribed authority for access to protected information\n\n23 Prescribed authority for access to protected information\n\n> For the purposes of section 217(2)(b) of the Act, the Australian Prudential Regulation Authority is a prescribed authority.","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Determining efficiency of scheme","content":"#### 24 Determining efficiency of scheme\n\n24 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 a legal practitioner who represents a claimant when a claim is finalised to ensure that the Authority is provided, at the time and in the way approved by the Authority, with a costs breakdown in relation to the claim.\n> \n> > (3) The duty applies to all claims, regardless of whether—\n> > \n> > > (a) damages are to be paid to the claimant, or\n> > \n> > > (b) the claim is exempt from assessment under section 92 of the Act, or\n> > \n> > > (c) there has been contracting out under clause 8.\n> \n> > (4) 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> > (5) If a barrister and a solicitor act for a claimant, the duty falls on the solicitor and not the barrister.\n> \n> > (6) 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 the information.\n> \n> > (7) The Authority may forward to the Legal Services Commissioner any information obtained under this clause.","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Referral fees","content":"#### 25 Referral fees\n\n25 Referral fees\n\n> > (1) A legal practitioner has a duty not to receive consideration for referring a claimant who is represented by the legal practitioner to a person for the purposes of a service being provided in respect of the claimant’s claim.\n> \n> > (2) A legal practitioner is taken to receive consideration if a close associate of the legal practitioner receives the consideration.\n> \n> > (3) A legal practitioner has a duty not to give consideration for the referral of a person to the legal practitioner for the purposes of the legal practitioner representing the person in relation to a claim.\n> \n> > (4) A legal practitioner is taken to give consideration if a close associate of the legal practitioner gives the consideration.\n> \n> > (5) In this clause—\n> > \n> > close associate of a legal practitioner means the following—\n> > \n> > > (a) an employer of the legal practitioner, including, if the employer is a corporation, a director of the corporation,\n> > \n> > > (b) a partner of the legal practitioner,\n> > \n> > > (c) an employee or agent of the legal practitioner or of a person referred to in paragraph (a) or (b),\n> > \n> > > (d) a family member of the legal practitioner.\n> > \n> > consideration includes a fee or any other benefit but does not include hospitality that is reasonable in the circumstances.","sortOrder":33},{"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 6)\n\n**sch 1:** Am 2020 (744), Sch 2\\[10\\]–\\[14\\].","sortOrder":34},{"sectionNumber":"2A","sectionType":"section","heading":"Compensation matter applications—claims for damages","content":"#### 2A Compensation matter applications—claims for damages\n\n2A Compensation matter applications—claims for damages\n\n> > (1) The maximum costs for legal services provided in a claim for damages in connection with a matter relating to a compensation matter application are the costs set out in the Table to this clause.\n> \n> > (2) An amount for the fees for senior counsel, or for more than one advocate, is not to be included unless the court so orders.\n> \n> > (3) In this clause—\n> > \n> > compensation matter application has the same meaning as in section 26 of the [Personal Injury Commission Act 2020](/view/html/inforce/current/act-2020-018) in relation to which leave has not been granted by the District Court.\n> > \n> > Table\n> > \n> > | Column 1 | Column 2 |\n> > |  | Monetary units |\n> > | Court proceedings in relation to a compensation matter application | 10 |\n> > | Representation in court— |  |\n> > | (a) maximum per day for advocate other than senior counsel | 25 |\n> > | (b) maximum per day for senior counsel | 35.5 |\n> > | Conference directly related to a compensation matter application | 3 |","sortOrder":37},{"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 11)\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 6 MU | 3 MU |\n| 2 | Health practitioners called to give expert evidence— |  |\n|  | (a) for the first one and a half 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) | 8 MU |\n|  | (b) for every full hour after the first one and a half hours (or proportionately if not for a full hour) | 3 MU |\n|  | to a maximum of 24 MU |  |\n| 3 | Travelling allowance in connection with appearance as witness—per kilometre | 55 cents |\n| 4 | Accommodation and meals in connection with appearance as witness | reasonable costs |\n| Medical reports |\n| 5 | Report made by an attending general practitioner— |  |\n|  | (a) if a re-examination of the patient is not required | 2.5 MU |\n|  | (b) if a re-examination of the patient is required | 3.3 MU |\n| 6 | Report made by an attending specialist— |  |\n|  | (a) if a re-examination of the patient is not required | 8 MU |\n|  | (b) if a re-examination of the patient is required | 12 MU |\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 | 8 MU |\n|  | (b) if an examination of the patient is required | 12 MU |\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 | 12 MU |\n|  | (b) if an examination of the patient is required | 16 MU |\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 Schedule |","sortOrder":40},{"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","sortOrder":41},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 4 Savings, transitional and other provisions\n\nSchedule 4 Savings, transitional and other provisions","sortOrder":46}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of the regulation changed from its original intent. The updates between versions (August 2020, March 2021, and October 2021) appear to be standard administrative amendments rather than fundamental changes in purpose or coverage. The regulation remains focused on its original purpose of providing procedural detail for the motor accidents compensation scheme in NSW."},"complexity_factors":["The document provided is largely metadata and status information from the NSW legislation website — the actual substantive content of the regulation is not included, limiting full analysis","Motor accident compensation schemes involve interaction between multiple pieces of legislation (the parent Act, this regulation, and the Subordinate Legislation Act)","CTP insurance schemes inherently involve complex assessment processes for injury claims, medical evidence, and monetary calculations","Multiple historical versions exist, meaning the applicable rules may differ depending on when an accident or claim event occurred","Automatic repeal mechanism adds a layer of temporal complexity for users relying on the regulation"],"plain_english_summary":"## Motor Accidents Compensation Regulation 2020 (NSW)\n\n**What is this?**\nThis is a NSW regulation (a set of detailed rules made under a broader law called the *Motor Accidents Compensation Act*) that sets out the finer details of how motor accident compensation claims are managed in New South Wales.\n\n**Who does it affect?**\n- Anyone injured in a motor vehicle accident in NSW who wants to make a compensation claim\n- Insurers handling CTP (Compulsory Third Party) insurance claims\n- Legal practitioners and claims assessors working in this area\n\n**Why does it matter?**\nCTP insurance is the scheme that pays compensation to people injured in car accidents in NSW. This regulation provides the practical rules that sit underneath the main Act — things like timeframes, procedures, forms, and calculation methods that determine how claims are processed and paid out.\n\n**Important note:** This regulation is scheduled to be **automatically repealed (cancelled) on 1 September 2026** under the *Subordinate Legislation Act 1989*. This is a standard NSW government process where regulations automatically expire unless renewed. If you are relying on this regulation after that date, check whether it has been replaced or renewed.\n\n**Versions:** The regulation has been updated twice since it was originally made in August 2020, with the current version in force from 20 October 2021."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Regulation appears consistent with its original purpose of regulating costs in motor accident compensation matters. While it contains detailed schedules and inflation mechanisms, these are administrative tools to implement the core cost-capping function rather than scope creep."},"complexity_factors":["Extensive cross-referencing to the Motor Accidents Compensation Act 1999, Legal Profession Uniform Law (NSW), Personal Injury Commission Act 2020, and other legislation","Mathematical formula for inflation adjustment using CPI numbers (Schedule 3) with conditional rounding rules","Nested conditional tables in Schedule 1 with multiple variables: claim amount brackets ($20k/$50k/$100k thresholds), liability admission status, and stage of proceedings","Dual table structure (Table A and Table B) for costs depending on when lawyer was retained","Multiple exceptions to exceptions: clause 8 contracting-out provisions have 7 subclauses with carve-outs for insurers, compensation matter applications, and conditional costs agreements","47+ defined terms across the Regulation including complex definitions like 'person under legal incapacity' spanning 5 categories","Geographic loading tables with 55 specific towns and precise dollar amounts (Schedule 1, clause 3)","Interaction between maximum costs, GST provisions, and apportionment rules when lawyers change"],"plain_english_summary":"**What this legislation does:**\n\nThis Regulation sets the rules for how much lawyers, doctors, and other professionals can charge for their services in NSW motor accident compensation claims. It caps (limits) the fees that can be recovered from insurers or claimants, ensuring costs stay reasonable and predictable.\n\n**Who it affects:**\n\n- **Injured people (claimants)** making claims for compensation after car accidents\n- **Lawyers** representing claimants or insurers\n- **Medical practitioners** providing reports or appearing as expert witnesses\n- **Insurers** handling motor accident claims\n\n**Key things it covers:**\n\n- **Lawyer fees:** Sets maximum amounts lawyers can charge based on different stages of a claim (from initial advice through to court proceedings). The amounts are calculated using \"monetary units\" (MUs) that adjust yearly for inflation (currently around $100–$122 per unit).\n\n- **Medical reports and expert witnesses:** Caps fees for doctors writing reports or giving evidence in court. For example, a specialist report costs between 8–16 MUs depending on circumstances.\n\n- **Children's claims:** Special lower caps apply when children under 18 make small claims (under $50,000).\n\n- **Contracting out:** In limited circumstances, lawyers and clients can agree to higher fees than the caps, provided strict disclosure requirements are met and the claim is worth more than $50,000.\n\n- **Costs breakdowns:** Lawyers must report to the regulator exactly how much was paid, what deductions were made, and what the claimant actually received.\n\n- **Travel expenses:** Sets rates for claimants travelling to medical assessments (55 cents per kilometre for private vehicles).\n\n- **Unregistered vehicles:** Lists specific vehicle types that can operate without full registration (like tractors, vintage cars, golf buggies, and disability vehicles).\n\n**Why it matters:**\n\nWithout these caps, legal and medical costs could eat up most of a claimant's compensation, especially in smaller claims. The Regulation ensures injured people keep a fair share of their payouts while still allowing professionals to be paid for their work. It also creates transparency through mandatory reporting and prevents hidden referral fees between lawyers and service providers."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This Regulation replaces the Motor Accidents Compensation Regulation 2015 (cl 2) and carries forward prior effects for acts that had effect immediately before repeal (Schedule 4, cl 1). It introduces new or clarified operational provisions that alter scope and duties: for example, it prescribes additional classes of claims exempt from assessment (cl 12A), establishes a formal duty on solicitors to provide costs breakdowns to the Authority and allows the Authority to publicise statistics from those breakdowns (cl 24), and sets detailed indexed stage-based caps and indexing mechanics (cl 6; Schedule 1; Schedule 3). The transitional rule for existing claims limits certain new contracting-out rules to costs incurred after commencement (Schedule 4, cl 2). These changes modify who must report, what costs are recoverable, and how fees are calculated and adjusted."},"complexity_factors":["Multiple detailed cross-references to the Motor Accidents Compensation Act 1999 and other statutes (e.g. Legal Profession Uniform Law, Personal Injury Commission Act) increasing interpretive interdependence (see cl 5 note; cl 13).","Stage-based, piecewise fee schedules with base amounts plus per-dollar increments tied to the monetary unit and settlement/award thresholds (Schedule 1 Tables A and B).","Annual CPI-indexing mechanism for the monetary unit with rounding rules and a floor to prevent decreases (Schedule 3).","Differing rules for practitioner-and-client fees versus party-and-party recovery, with strict disclosure, reporting and exceptions (cl 8).","Multiple exceptions and exclusions (costs not regulated by Part 2, excluded matters, claims exempt from assessment) that change treatment depending on claimant status and insurer actions (cl 4; cl 7; cl 12A).","Interplay of caps, contracting out, GST uplift rules and insurer late-payment interest creates layered quantitative calculations (cl 19; cl 22).","Discretion left to Commission or court to allow additional experts, apportion costs, or order special fees, producing case-by-case variability (cl 12(2); cl 6(3)–(5); cl 13(3)(b)).","Reporting duties and Authority approval/recognition powers (costs breakdown form, AMA List recognition) introduce administrative and procedural detail (cl 24; cl 20)."],"plain_english_summary":"What this Regulation does (mechanics)\n\n- Sets maximum fees and costs that can be charged or recovered in motor-accident claims in New South Wales (see cl 6 and Schedule 1 for legal costs; cl 11 and Schedule 2 for medical/medico-legal fees).\n- Provides detailed stage-based fee caps for legal work (Schedule 1, Tables A and B) and additional caps for court appearances, interlocutory proceedings, conferences and specialist tasks (Schedule 1, cl 2 and 2A).\n- Indexes the monetary unit used to calculate many caps to the Sydney CPI each year and prescribes how that unit is calculated and rounded (Schedule 3).\n- Limits what expert witness costs may be recovered (one medical expert per specialty and two non-medical experts, unless Commission or court agrees to more) and caps medico-legal fees for reports and witness appearances (cl 12; cl 10–11; Schedule 2).\n- Permits contracting out of the Schedule 1 caps for practitioner-and-client costs in high-value claims (over $50,000) where strict disclosure and agreement requirements are met, and requires a costs breakdown to be provided to the Authority in specified cases (cl 8).\n- Prescribes claims that are exempt from assessment under Part 4.4 of the Act (for example, claims by persons under legal incapacity, insurer-denied liability, allegations of fraud) (cl 12A).\n- Gives the Commission power to assess claimant costs in an assessment of damages and to have regard to settlement offers and Legal Profession Uniform Law principles when doing so (cl 13).\n- Adds operational rules: travel reimbursement rates (private vehicle at $0.55/km) (cl 18); GST may be added to capped costs but with a maximum uplift and a 10% cap relative to the capped amount (cl 19); insurers must pay assessed damages within 20 business days after the claimant accepts an assessment (cl 22) and pay interest on late payments (cl 22(3)–(4)).\n- Introduces data/reporting duties: solicitors who represented claimants when a claim is finalised must provide a costs breakdown to the Authority, and the Authority may pass information to the Minister or publicise statistics (cl 24).\n- Prohibits referral payment arrangements between legal practitioners and service providers (cl 25).\n- Prescribes classes of vehicles eligible for unregistered vehicle permits (cl 21) and other operational and transitional provisions (Part 4 and Schedule 4).\n\nWho this affects (who pays, who decides, and behaviour changes)\n\n- Claimants and their legal practitioners: legal costs recoverable from insurers are capped by stage (cl 6; Schedule 1). Where a claimant enters a practitioner-and-client costs agreement that exceeds the caps, the agreement can bind the claimant only if strict disclosure and written warnings are given and the Authority receives a costs breakdown in specified cases (cl 8; cl 24).\n- Insurers: liable to pay the capped costs and fees, required to pay assessed damages to claimants within 20 business days after acceptance (cl 22). If an insurer refuses an assessment within 21 days after a certificate of assessment, the insurer becomes liable for all claimant costs incurred after the certificate and the caps do not apply to those post-certificate costs (cl 16).\n- Legal practitioners: face maximum recoverable fees, duties to disclose and to provide costs breakdowns when representing finalised claims (cl 6; cl 24), prohibitions on receiving or giving consideration for referrals (cl 25), and rules about apportionment and dispute resolution where practitioners change (cl 6(2)–(5); cl 9(4)–(5)).\n- Medical and other health practitioners: medico-legal fees are capped (cl 11; Schedule 2), and some report fees require claimant requests before being charged (cl 11(3)). The Commission may limit expert numbers in a claim (cl 12).\n- The Motor Accidents Authority / Commission and courts: have powers to assess costs, determine apportionment disputes, allow extra experts or award additional fees in special cases, and to require or receive information (cl 13; cl 6(3)–(5); cl 12(2); cl 24).\n\nWhy it matters (official rationale and practical trade-offs)\n\n- The Regulation’s stated purpose in cl 24(1) is to enable the Authority to collect costs information to advise the Minister on the scheme’s efficiency and effectiveness. Mechanically, that purpose is implemented by requiring costs breakdowns from solicitors on finalised claims (cl 24(2)–(4)), and by making those breakdowns available to the Minister and able to be publicised (cl 24(6)).\n\n- Practical consequences, trade-offs and incentives (source-grounded):\n  - Compliance burden and administrative cost: solicitors must prepare and provide a costs breakdown in an Authority-approved form when claims are finalised (cl 24(2)–(3)). This imposes time and record-keeping costs on legal practices. (cl 24)\n  - Data centralisation and decision power: the Authority gains a dataset usable to advise the Minister and, on direction, publish statistics (cl 24(6)). This concentrates informational control with the Authority and opens the possibility of publicly reported aggregate statistics (cl 24(6)).\n  - Recovery limits change economic incentives: detailed, stage-based caps (Schedule 1) change how legal practitioners and claimants negotiate retainer structures and when to settle. Caps create a predictable maximum recoverable fee for insurers and claimants (cl 6; Schedule 1) but may affect choices about pursuing litigation or instructing multiple experts (cl 12; Schedule 1).\n  - Contract freedom vs consumer protection: the Regulation permits contracting out of caps for practitioner-and-client fees only after prescribed disclosures and where a claimant is warned in writing that they remain liable for amounts over the caps; the Authority also must receive a costs breakdown for claims over $50,000 (cl 8). This preserves some contractual flexibility but imposes procedural safeguards and reporting obligations that increase compliance tasks for practitioners.\n  - Concentrated benefits vs diffuse costs: data and predictability benefit insurers and the Authority (predictable exposure and information for policy decisions) while compliance costs are spread across many legal practitioners and may be small per practitioner but significant in aggregate (cl 6; cl 24).\n  - Incentives for cost-shifting and timing: where insurers refuse to accept an assessment within the specified time the insurer becomes liable for all claimant costs after the certificate and the caps do not apply to those costs (cl 16). That rule creates a clear financial incentive for insurers to accept assessments promptly or to risk broader cost exposure.\n  - Limits on expert use: the cap on the number of experts whose costs may be recovered (cl 12) changes a claimant’s choice about commissioning multiple experts and can shift negotiation toward the court/Commission if parties seek permission for more experts.\n  - GST treatment: capped amounts may be uplifted by GST but only up to 10% of the capped amount (cl 19(1)–(2)). This places a ceiling on GST pass-through above the caps.\n  - Operational timings and late-payment penalties: insurers must pay assessed damages within 20 business days of acceptance (cl 22(1)), and interest applies to late payments at 75% of the Civil Procedure Act rate (cl 22(3)–(4)), creating a financial cost to delay.\n\nImplementation risk, discretion and appeal pathways (source-grounded)\n\n- Discretion and decision-makers: the Commission and courts retain discretion to order additional costs, allow more experts, determine apportionment disputes between practitioners, and set loadings or reasonable interstate loadings (cl 12(2)–(3); cl 6(3)–(5); Schedule 1 cl 3; Schedule 1 cl 4). The Authority approves forms for costs breakdowns and recognises external documents (e.g., AMA List) (cl 3 definition; cl 20(4); cl 24(2)).\n- Appeals and review: parties (claimant, insurer, practitioner) have specified rights of appeal against assessments under the Division, modelled on appeal rights in the Legal Profession Uniform Law (cl 15; cl 6(5)).\n\nConcrete compliance items to watch (with clause citations)\n\n- Solicitors representing finalised claims must supply a costs breakdown to the Authority in an approved form (cl 24(2)).\n- Practitioners must follow the Legal Profession Uniform Law disclosure and costs agreement procedures before contracting out of Schedule 1 caps (cl 8(1)(a)–(c)).\n- Where contracting out occurs for claimants and the settlement exceeds $50,000 the practitioner must provide a costs breakdown to the Authority (cl 8(1)(d)).\n- Medical practitioners’ report fees are capped and some reports are only claimable by the claimant if requested and not provided in a reasonable time by the insurer (cl 11(3); Schedule 2 items 5–9).\n- Insurers must pay assessed damages within 20 business days after acceptance and may need to request deduction amounts from third parties within 10 business days (cl 22(1)–(2)).\n\nPrimary references: Motor Accidents Compensation Regulation 2020, clauses 3, 4, 6–9, 11–13, 16, 17–19, 22–25; Schedules 1–3; Schedule 4 (savings and transition)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/motor-accidents-compensation-regulation-2020","history":"/api/acts/motor-accidents-compensation-regulation-2020/history","analysis":"/api/acts/motor-accidents-compensation-regulation-2020/analysis","conflicts":"/api/acts/motor-accidents-compensation-regulation-2020/conflicts","importantCases":"/api/acts/motor-accidents-compensation-regulation-2020/important-cases","documents":"/api/acts/motor-accidents-compensation-regulation-2020/documents"}}