CTP Legal Advisory Service
The CTP scheme provides supports that can assist individuals through the claim’s lifecycle.
For motor crashes on or after 1 December 2017, the CTP scheme provides funding for legal costs for certain dispute types when a matter proceeds to the Personal Injury Commission. In some instances where these costs are not covered, SIRA provides injured people access to funded legal advice through the CTP Legal Advisory Service.
Contact CTP Assist on 1300 656 919 to confirm your eligibility and arrange a telephone-based consultation between you and a lawyer from the service. CTP Assist can also arrange for an interpreter for you, if required.
You can also watch this video in Arabic, Cantonese, Korean, Vietnamese, Greek and Mandarin.
What is the CTP Legal Advisory Service?
The CTP Legal Advisory Service is a service made up of a panel of lawyers who provide independent legal advice to injured people within the CTP scheme who have been injured in a motor crash on or after 1 December 2017. The advice provided via this service is free of charge and is completely confidential.
If you are already receiving advice from a lawyer on your CTP claim, it is recommended that you continue speak to them.
How do I access the CTP Legal Advisory Service?
Contact SIRA’s CTP Assist on 1300 656 919, to confirm your eligibility and arrange a telephone-based consultation between you and a lawyer from the service. CTP Assist can also arrange an interpreter for you, if required.
Once you have confirmed your eligibility with CTP Assist and you have your appointment, an independent lawyer will provide you with advice over the phone and confirm that advice to you in writing.
What matters can be referred to the CTP Legal Advisory Service?
Only certain matters can be referred to the CTP Legal Advisory Service for advice (see the table below). These relate to claims for statutory benefits for a motor accident that occurred on or after 1 December 2017.
Advice can be provided at different stages during the life of a claim, including:
- before a decision is made by an insurer
- at any time before or after internal review (but not in connection with the internal review application)
- at any time before an application is made to the Personal Injury Commission.
Read more about Insurer Internal Reviews and the Personal Injury Commission.
The table below outlines the matters which can be referred to the CTP Legal Advisory Service:
Reason for referral | Example of when information or advice may be required |
|---|---|
Funeral expenses | What is a ‘reasonable’ funeral expense? |
Amount of weekly payments | Pre-accident weekly earning, post-accident earning capacity and calculations. |
Cessation of a pending damages claim | Whether the cessation of weekly payments after the maximum weekly payments period is subject to a pending claim for damages. |
Suspension due to work fitness evidence | Insurer disputes ‘special reasons’ for a certificate of fitness for work covering a period that exceeds 28 days. |
Suspension due to non-rehabilitation/treatment/training | Do you have a ‘reasonable excuse’ not to comply in undertaking rehabilitation, treatment or vocational training? |
Insurer notice periods | Has the insurer complied with the relevant notice periods? |
Recoverable statutory benefits | Is there a right to recover and if so, what amount? |
Gratuitous services | Do you have a loss of capacity to provide gratuitous services, and if so, what is the amount payable? |
Retirement age termination | Termination of weekly payments on retiring age. |
Suspension re medical evidence | Have you provided the insurer with a medical certificate certifying your fitness for work? |
Weekly benefits outside Australia | Are you residing outside of Australia and want to claim ongoing weekly payments and your loss is likely to be permanent? |
Variation of weekly payments | Your weekly payments been varied and you do not agree (eg have they been indexed correctly?) |
Cost of treatment and care | Is the cost of treatment and care reasonable? |
Verification of expenses | Have expenses been properly verified in accordance with the Act? |
Treatment and care within time | For accidents from 01 Dec 2017 and before 01 Apr 2023: Threshold injury/mostly at fault/ at fault - whether expenses were incurred before or after 26 week cut off For accidents on or after 01 Apr 2023: This dispute type is not applicable. |
Treatment and care authorised | For accidents from 01 Dec 2017 and before 01 Apr 2023: Threshold injury – whether treatment and care is payable beyond 26 weeks (i.e. whether treatment will help the injured person recover, return to work or usual activities, or if the insurer delayed approval) For accidents on or after 01 Apr 2023: This dispute type is not applicable. |
Treatment and care compensated | Has the treatment and care already been paid under a damages claim or bulk billing arrangement? |
Treatment and care limits | Does the cost of treatment or care exceed the limits imposed by the Motor Accident Guidelines? |
Excluded treatment and care | Is the treatment and care covered by the Lifetime Care and Support Scheme? |
Treatment and care outside Australia | Are you receiving treatment outside Australia (as a citizen or permanent resident)? |
Note that the lawyer assigned to you can only advise on the specific matter for which you have been referred after contacting CTP Assist.
For example, if you are referred to the CTP Legal Advisory Service for advice on the amount of statutory benefits that are payable, the lawyer can only advise you on whether your pre-accident weekly earnings (PAWE) has been calculated correctly. The PAWE is the amount you were earning at the time you were injured. The lawyer would not be able to also provide advice on another matter, for example, whether you have a threshold injury.
Matters which cannot be referred to the CTP Legal Advisory Service include:
- advice about a claim under the Motor Accidents Act 1988
- advice about a claim under the Motor Accidents Compensation Act 1999
- any damages claim under Motor Accident Injuries Act 2017
- advice relating to a claim which is currently in the process of internal review or dispute at the Commission
The CTP Legal Advisory Service lawyer cannot:
- file any documents or make any applications in a court or to the Commission on your behalf; o
- represent you at the Commission or in a court.
What will it cost?
There is no charge to you to access this service.
Who are the lawyers on the CTP Legal Advisory Service panel?
The lawyers who provide advice through the CTP Legal Advisory Service have significant experience in providing legal advice on motor accident and personal injury law. They practice in both regional and metropolitan areas across NSW.
How long does it take?
This claims referral timeframe outlines how long the claim process takes from referral to completion.
| Number of business days | Step in the claim process (referral through to completion) |
|---|---|
| Day 1 | SIRA receives your verbal consent over the phone with a CTP Assist consultant and refers you matter to the Legal Advisory Service. |
| Within 2 days of receiving consent for referral |
SIRA contacts the Legal Advisory Service solicitor to confirm that they can accept the referral, or seeks an alternative panel solicitor if required. Once accepted, SIRA forwards your information to the solicitor. You will be notified who the solicitor is. |
| Between 1 and 3 days of receipt of referral |
Contact is made between you and the solicitor for an initial discussion. The panel solicitor initiates contact within 1 day. |
| 5 days after receipt of referral | The solicitor provides you with verbal advice. |
| 2 days after verbal advice provided | The solicitor provides you with written advice. End of services. |
Download a PDF of this claims referral time frame.
What if I am not eligible?
CTP Assist will provide you with information about other available legal services. These include:
- the Law Society of NSW. They can give you more information, including information about finding a lawyer in NSW. They can be contacted on (02) 9926 0333.
- Community Legal Centres