Motor accident Injury Claims have been amended.
Under the Motor Accident Injuries Act 2017
The Motor Accident Injuries Amendment Regulation 2022 (the Regulation) was published on Friday 10 June 2022 and commenced on publication.
The object of the Regulation is to clarify that the jurisdiction to deal with certain disputes under the Motor Accident Injuries Act 2017 in relation to treatment and care provided to an injured person extends to disputes about treatment and care proposed to be provide to the person.
This is a follow-up on our previous article on the case of Obeid v AAI Ltd t/as AAMI [2022] NSWPICMP 76 where the Review Panel of the Personal Injury Commission had determined that a Medical Assessor of the PIC does not have jurisdiction under the Motor Accident Injuries Act 2017 (NSW) (MAIA) to determine a dispute in relation to expenses not yet incurred or to be provided.
The Regulation amends Schedule 2 clause 1 (i) of the Motor Accident Injuries Act to say:
“whether the cost of treatment and care provided or to be provided to the claimant is reasonable for the purposes of section 3.24(1) (Entitlement to statutory benefits for treatment and care),”
And Clause 2 (b):
“whether any treatment and care provided or to be provided to the injured person is reasonable and necessary in the circumstances or relates to the injury caused by the motor accident for the purposes of section 3.24 (Entitlement to statutory benefits for treatment and care),”
Effects of the amendments
The amendments should fix a hole in the legislation where it was ruled that the Personal Injury Commission did not have jurisdiction to assess disputes in relation to future treatment and expenses yet to be incurred.
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