Changes to NSW Compulsory Third Party scheme
We’ve updated our looseleaf publication following changes to the scheme
Following the recent updates to the NSW CTP scheme with the introduction of the Motor Accident Injuries Act 2017, we’ve updated the Motor Traffic New South Wales (MTN) looseleaf publication. A few of the updates are below:
- No statutory benefits can be awarded for gratuitous care services (MAIA s 3.25), nor damages (ss 4.3, 4.5): not mentioned in Div 4.2.
- Limited statutory benefits can be awarded for the loss of capacity to provide gratuitous domestic services (s 3.26) but not damages (ss 4.3, 4.5): not mentioned in Div 4.2 and CLA s 15B now rendered inapplicable as regards accidents under the MAIA).
- The insurer is liable to pay for reasonable medical treatment, rehabilitation and commercial attendant care costs (as defined in s 1.4) of persons with serious injuries (above 10% WPI) for up to five tears and the LTCS thereafter: s 3.2 and Minister's Second Reading Speech. No statutory benefits for treatment and care expenses payable after 26 weeks to injured adult persons most at fault or to injured persons with minor injuries (s 3.28), except in the circumstances specified in Guideline 5.16 in the case of a person with minor injuries.
- Upon the recovery of damages generally, any weekly statutory benefits in the form of weekly payments under Div 3.3 are to be deducted therefrom and no further statutory benefits are payable: s 3.40. There is no similar provision in relation to the repayment of statutory benefits for treatment and care under Div 3.4 (which includes s 3.26 as above), damages for such items or loss being excluded under s 4.5