Updates to Version 6 of the Motor Accident Guidelines

A summary of the changes to version 6 of the Motor Accident Guidelines have been outlined in the below table.

Clause	Description of change
1.9-1.14	Old clauses 1.69-1.84 have been redrafted and grouped into one section ‘Premium filing process’ at new clauses 1.9-1.14 to be more consistent with the terms of the Motor Accident Injuries Act 2017 and to provide more clarity on the process for insurers filing premiums with SIRA. There is no change to the actual premium filing process.
1.10(g)	New requirement for insurers to include an implementation plan in the premium filing covering letter.
1.41, Table 1.1	New provision that premiums charged by an insurer for vehicle class 7 must be no less than 100% of the insurer's base premium, excluding GST.
Part 1	‘Schedules to the filing’ is renamed ‘Motor accident filing template’.
2.26	Clarifies that COVID-19 relief timeframes are valid for 12 months from 17 April 2020.
4.95-4.97	Clarifies that the guidelines regarding referrals for treatment and care apply to referrals to all relevant service providers.
4.98(b)	New provision that insurers must provide reasons for declining treatment and care requests.
4.99	New provision that, if requested by the claimant or the claimant’s nominated treating doctor subject to the claimant’s authority, the insurer must copy the nominated treating doctor into all written correspondence concerning the claimant’s treatment and care.
4.107-4.110	New provision that insurers have a clear 90-day deadline to concede that the injured person’s degree of permanent impairment is over 10% after a request is made. This timeframe strikes a balance between sufficient time for insurers to make a correct assessment of the injured person’s degree of permanent impairment, and allowing injured people to progress their claim. Following consultation, the process set out in the guidelines was simplified to avoid complex administration and disputes.
8.5-8.6	Clarifies the intent that evidence remains admissible where a practitioner who was previously authorised to give evidence has their authorisation revoked or ceased. If a practitioner’s appointment is revoked or ceased, the practitioner remains authorised to give evidence on cross-examination and re-examination about evidence previously given in a matter. These clauses are particularly to deal with evidence given by written report where a health practitioner’s status as an authorised health practitioner may change between making the report and the admission of the report in proceedings.
8.14-8.15	New provision that, when declining to appoint a health practitioner, the Authority may also stipulate a period before the health practitioner may re-apply for appointment, and the reasons for that nominated period.
8.26(b)	Clarifies requirements for health practitioners in self-reporting breaches.
8.32	Clarifies that, if a practitioner’s appointment is revoked or ceased, any evidence given while the practitioner was authorised remains admissible.
New Part	New guidelines for CTP Care (claims where the Lifetime Care and Support Authority is the relevant insurer under sections 3.2 and 3.45 of the Act).