Report on legal support in CTP scheme released
A review of legal supports in the CTP insurance scheme has analysed the availability of legal and other supports after a motor accident injury, providing eight options for potential reform.
The review, conducted by Taylor Fry, assessed if the current legislative, regulatory, and service provision of legal support are operating effectively and promote the objects of the Motor Accident Injuries Act 2017.
The review found that disputes, legal supports, and legal costs have reduced below levels that were expected under the 2017 reforms.
However, it has indicated this could be a result of a combination of factors including the scheme working better than expected, some injured people finding the claims process difficult to navigate, and a ‘honeymoon’ impact on the scheme.
Eight options for potential reform have been put forward for SIRA to consider, including:
- No change to existing legal services arrangements
- Review the triggers for entitlement to legal services
- Set legal fees to more closely map to the work involved
- Simplify some common specific issues disputes so that the requirement for legal representation is reduced
- Increase resourcing for and the role of CTP Assist
- Discontinue the Legal Advisory Service and consider alternatives to replace this function
- Introduce a modified Independent Legal Assistance and Review Service (ILARS) to CTP
- Defer consideration of ILARS so that it can be considered as part of the broader scheme review.
SIRA will undertake costings and actuarial assessment to assess the feasibility and cost implications of any changes.
The Statutory review of the Motor Accident Injuries Act 2017, which is due to report to the Minister at the end of the year, will also consider the findings from the Review of legal support.
SIRA will consider the findings from the Review of legal support in combination with the recommendations from the Statutory review.
Taylor Fry’s paper on the Review of legal support - PDF is available on the SIRA website.