Updates to version 8.2 of the Motor Accident Guidelines

A summary of major changes to version 8.2 of the Motor Accident Guidelines are outlined in the table below.

Clause	Description of change
4.64-4.65	Removed end date for COVID-19 emergency requirements regarding fitness for work certificates provided by physiotherapists or psychologists. These provisions are now ongoing, as they provide greater options for injured people who are required to provide a second certificate of fitness.
4.136-4.138	Minor amendments to clarify the definition of factual investigations, and applicability of General Insurance Code of Practice (GICOP) provisions under the ‘Factual Investigations’ section. The amendment clarifies that compliance with GICOP provisions is required where a factual investigation involves interview with a claimant and provides exemptions for several GICOP provisions that are not relevant to the CTP scheme. It also increases the maximum time for an interview with a claimant from 90 to 120 minutes, in line with existing Workers Compensation Standards of Practice.
4.146	New requirement regarding surveillance of a person with a mental health condition. This amendment addresses the need for safeguards when conducting surveillance of people with a mental health condition, to minimise the possibility of exacerbating their condition; while at the same time acknowledging that surveillance may be required in limited circumstances in order for insurers to meet their obligation to deter fraud under the Act. This amendment allows insurers to conduct surveillance of a person with a mental health condition only if the insurer has a risk management plan in place to minimise harm to that person’s mental health condition.

Clause

Description of change

4.64-4.65

Removed end date for COVID-19 emergency requirements regarding fitness for work certificates provided by physiotherapists or psychologists. These provisions are now ongoing, as they provide greater options for injured people who are required to provide a second certificate of fitness.

4.136-4.138

Minor amendments to clarify the definition of factual investigations, and applicability of General Insurance Code of Practice (GICOP) provisions under the ‘Factual Investigations’ section. The amendment clarifies that compliance with GICOP provisions is required where a factual investigation involves interview with a claimant and provides exemptions for several GICOP provisions that are not relevant to the CTP scheme. It also increases the maximum time for an interview with a claimant from 90 to 120 minutes, in line with existing Workers Compensation Standards of Practice.

4.146

New requirement regarding surveillance of a person with a mental health condition. This amendment addresses the need for safeguards when conducting surveillance of people with a mental health condition, to minimise the possibility of exacerbating their condition; while at the same time acknowledging that surveillance may be required in limited circumstances in order for insurers to meet their obligation to deter fraud under the Act.

This amendment allows insurers to conduct surveillance of a person with a mental health condition only if the insurer has a risk management plan in place to minimise harm to that person’s mental health condition.