Motor Accident Injuries Act 2017 No 10
Division 7.7 Miscellaneous
7.47 Persons under legal incapacity
(1) A claimant who is a person under legal incapacity in relation to proceedings under this Part may not make any application or refer any matter to the Dispute Resolution Service, or carry on proceedings, under this Part except by his or her appointed representative in accordance with the Motor Accident Guidelines.(2) In this section:appointed representative, in relation to a person under legal incapacity, means a person appointed to represent the person under legal incapacity (whether by a claims assessor or otherwise) in accordance with the Motor Accident Guidelines.person under legal incapacity includes:(a) a child under the age of 18 years, and(b) an involuntary patient or forensic patient within the meaning of the Mental Health Act 2007, and(c) a person under guardianship within the meaning of the Guardianship Act 1987, and(d) a protected person within the meaning of the NSW Trustee and Guardian Act 2009, and(e) an incommunicate person, being a person who has such a physical or mental disability that he or she is unable to receive communications, or express his or her will, with respect to his or her property or affairs.
7.48 Effect of decisions under this Part
(1) This section applies where a decision is made in accordance with this Part by an insurer on an internal review or by a decision-maker on a merit review, medical assessment or assessment of a dispute about a miscellaneous claims assessment matter.(2) If the decision results in an increase in the amount of payments of statutory benefits payable to a claimant, the claimant is entitled to the increase in payments from the date of the original decision that is the subject of the review or assessment concerned.(3) If the decision results in the discontinuation of or a further reduction in any payments of statutory benefits payable to a claimant, and is less favourable to the claimant than the decision that is the subject of the review or assessment, the requirements of Division 3.3 (Weekly payments of statutory benefits to injured persons) as to the giving of notice before discontinuing or reducing weekly payments of statutory benefits extend to the discontinuation or further reduction that results from the decision on the review or assessment concerned.(4) This section extends to any new decision made by a review panel under section 7.15 (Review of merit review decision by review panel) or 7.26 (Review of medical assessment by review panel).
7.49 Advisory service
The Authority is to establish in association with its operations an advisory service to assist claimants in connection with their claims for statutory benefits and claims for damages and with the dispute resolution procedures under this Part.
7.50 Publication of decisions under this Part
The Authority may cause details of the decisions of merit reviewers and claims assessors under this Act to be published in accordance with the Motor Accident Guidelines.
7.51 Amendment of Schedule 2
The regulations may amend or replace Schedule 2.
7.52 Restriction on health practitioners who may give evidence in court and other dispute resolution proceedings
(1) In any proceedings before a court for damages or in connection with a merit review under Division 7.4, a medical assessment under Division 7.5 or the assessment of a claim under Division 7.6, evidence given by a health practitioner in relation to a medical matter concerning an injured person is not admissible unless:(a) the practitioner is a treating health practitioner of the injured person, or(b) the practitioner is authorised by the Motor Accident Guidelines to give evidence in the proceedings.(2) The Motor Accident Guidelines may make provision for or with respect to the appointment of relevant practitioners (whether by agreement between the parties, appointment by the Authority or otherwise) for the purposes of subsection (1).(3) This section has effect despite anything to the contrary in the rules of court or the Evidence Act 1995.(4) In this section:health practitioner has the same meaning as in the Health Practitioner Regulation National Law (NSW).medical matter means:(a) the degree of permanent impairment of an injured person that has resulted from an injury caused by a motor accident, or(b) any medical assessment matter of a kind prescribed by the regulations for the purposes of this section.