SIRA review of the minor injury definition

Overview

SIRA is conducting a review of the minor injury definition against the objectives of the Motor Accident Injuries Act 2017. We would like your feedback to help us with this review.

Background

The Motor Accident Injuries Act 2017 (the Act) legislates compulsory third party (CTP) insurance for people injured in motor accidents in NSW. The purpose of the scheme is to:

• focus on early and appropriate treatment to enhance recovery and returning to work or other life activities
• provide early and ongoing financial support for injured people
• encourage the early resolution of claims and quick, cost effective and just resolution of disputes
• continue to make CTP insurance compulsory for all motor vehicle owners in NSW and keep premiums for CTP policies affordable by preventing excessive insurer profits and limiting benefits for people with minor injuries
• deter fraud in connection with CTP insurance.

The scheme aims to provide benefits and support to all people injured on the road to help them recover quickly and return to work and health as well as increase the proportion of benefits provided to those most seriously injured.

The Hon. Victor Dominello MP, who introduced the Motor Accident Injuries Bill 2017, committed at the time to a review of the definition of ‘minor injury’ in the Act at the two-year anniversary of the scheme, which is 1 December 2019.

Read the Terms of Reference.

Details

For those more seriously injured who are not at-fault in a motor accident, the CTP scheme provides reasonable and necessary benefits for treatment and care for life.

To ensure that appropriate benefits are provided to people who are more seriously injured, the current CTP scheme includes legislation and guidelines for determining which people have injuries that are regarded as more serious, and which people have injuries that, with early treatment and support, are expected to recover quickly and return to work or usual activities within a short time frame.

These are defined as a ‘minor injury’ in the Act. A ‘minor injury’ is defined in the Act as:

• a soft tissue injury, or
• a minor psychological or psychiatric injury.

These are further defined in the Act.

The assessment of whether an injury is a soft tissue injury or a minor psychological or psychiatric injury under the Act is based on medical evidence and whether it meets particular legislative criteria.

The Act provides that people with a ‘minor injury’ can receive up to 26 weeks of income, treatment and care support. In certain circumstances, additional treatment and care may be available more than 26 weeks after the accident, including where it will improve the recovery of the injured person.

Submissions are sought from injured people and their support networks, insurers, lawyers, medical professionals and other interested stakeholders. We invite you to tell us your views using our online form.

Objectives of the consultation

SIRA would like to gather feedback from people and organisations regarding the ‘minor injury’ provisions under the Motor Accident Injuries Act 2017 to:

• be aware of any issues or concerns about minor injury, and
• gain insights on where the minor injury provisions may or may not be delivering intended outcomes for customers.

Please use the online form to provide your submissions. If you cannot access the form please email [email protected] so we can email you the questions to respond to. We will only accept submissions that respond to the questions provided and which relate to the terms of reference as outlined.

The online questions will take approximately 20 minutes to complete.