Review of Legal Support for Injured People in the NSW CTP Scheme

The State Insurance Regulatory Authority (SIRA) is reviewing the provision of legal support for injured people in the compulsory third-party (CTP) insurance scheme under the Motor Accident Injuries Act 2017 (the Act).

  • The Issue

    Consultation period: 02/10/2020 9:00 am to 02/12/2020 9:00 pm

    SIRA Review of Legal Support for Injured People in the NSW CTP Scheme

    The State Insurance Regulatory Authority (SIRA) is reviewing the provision of legal support for injured people in the compulsory third-party (CTP) insurance scheme under the Motor Accident Injuries Act 2017 (the Act).

    Legal representation plays an important part in ensuring that injured people have the necessary support to access their entitlements under the CTP scheme. SIRA has had feedback that the current legal costs structure could be improved, to ensure injured people are able to access timely and affordable legal support in the scheme.

    The Review will assess if the current legislative, regulatory and service provision of legal support is promoting the objects of the Act, including:

    • encouraging the early resolution of motor accident claims
    • and the quick, cost-effective and just resolution of disputes

    The Review will also consider the feasibility of expanding the Independent Legal Assistance and Review Service (ILARS) into the CTP scheme, as well as the role and alignment of SIRA’s Legal Advisory Service (LAS) to the suite of supports injured people are able to access in the scheme.

    SIRA has proposed a set of principles to underpin the review. These have been developed to align to the objects of the scheme and with all stakeholders in mind. Feedback on the proposed principles is welcome. They are:

    1. Legal support frameworks should ensure that injured people can access the necessary benefits under the scheme to promote their recovery and return to work or other activities
    2. Legal supports should provide incentive for the early resolution of claims and the quick, cost-effective and just resolution of disputes
    3. Legal supports should work with other mechanisms in the scheme to ensure its continued affordability for policyholders
    4. Legal supports should be proportional to the complexity of the issue in dispute.

    Next steps

    SIRA is seeking submissions from people and organisations regarding the legal supports available in the CTP scheme. Submissions should identify:

    • specific concerns with the existing structure and provision of legal support in the CTP scheme
    • key principles that should govern the determination of legal costs and the weight to be given to each of these
    • recommendations for specific changes to be made to the system of legal support
    • any alternative models of legal support for injured people that would promote the objectives of the Act

    SIRA is seeking your contribution to the Review of Legal Support by no later than 9pm, Wednesday 2 December 2020.

    Written submissions should be sent to Motoraccidents@sira.nsw.gov.au

    Due to the impacts of the COVID-19 pandemic all feedback is to be submitted using our online form.

  • Milestones

    Friday, 2 October 2020 - 9:00am - the Review of Legal Support for Injured People in the NSW CTP Scheme is opened

    Wednesday, 2 December 2020 - 9:00pm - Public consultation process closes. All comments and submissions must be received by 9pm, Wednesday 2 December, 2020.

    Due to the impacts of the COVID-19 pandemic all feedback is to be submitted using our online form.

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