What Are Attendant Care Services Under NSW CTP Law?
If you or a family member sustained a serious injury in a motor accident in New South Wales, you may be entitled to claim for attendant care services. These are paid services that provide personal care, supervision or assistance with daily living activities such as bathing, dressing, eating, mobility and medication management. The claim is made under the Motor Accident Injuries Act 2017 (MAIA), which governs Compulsory Third Party (CTP) insurance in NSW.
The need for attendant care is assessed based on the extent of the injury and the level of functional impairment. Services may be provided by a professional carer, a registered care provider, or a family member who is not paid for their role. The claim must demonstrate that the injury has resulted in a need for assistance that would not otherwise be required.
How SIRA Assesses the Need for Attendant Care Services
The State Insurance Regulatory Authority (SIRA) is responsible for administering CTP claims in NSW and assessing entitlements to attendant care services. SIRA uses the Motor Accident Injuries Regulation 2017 and the Motor Accident Guidelines to determine whether a claim for attendant care is justified.
To qualify, the injury must result in a significant and ongoing need for personal care or supervision. The assessment considers medical evidence, including reports from treating medical practitioners and independent medical assessors, as well as functional capacity assessments. The need must be directly attributable to the motor accident and not due to pre-existing conditions or unrelated health issues.
SIRA may require a formal assessment of whole person impairment (WPI) to determine the level of functional loss. For claims involving family caregivers, SIRA will review whether the care provided is reasonable, necessary and not duplicative of services already available through other supports such as home care packages or government assistance.
What Documentation Supports a Family Caregiver Claim?
To claim for attendant care services provided by a family member, you must provide evidence that the care is genuine, ongoing and not routinely provided as part of family responsibility. The following documents are typically required:
- A detailed medical report from your treating practitioner or an independent medical assessor confirming the need for personal care or supervision.
- A care plan outlining the tasks performed, frequency and duration of care.
- A record of hours spent providing care, including dates, times and specific activities.
- Evidence that the family member is not receiving payment for the care through another government scheme (such as the National Disability Insurance Scheme or carer payment).
If a family member is providing care, SIRA may assess whether the care is reasonable in terms of time, effort and impact on the caregiver’s capacity to work or maintain their own wellbeing. The claim will not be approved if the care is considered excessive or not proportionate to the injury.
How Family and Caregiver Considerations Affect the Claim
The involvement of family members in care provision can influence the claim outcome in several ways. SIRA recognises that family members often provide essential support, but it does not automatically equate to a claimable service. The law requires that the care be provided in a way that would normally be performed by a paid professional.
For example, if a child with a spinal injury requires assistance with transferring from bed to wheelchair, and a parent provides this daily, the claim may be supported if the medical evidence confirms that the injury prevents independent functioning and the care is not routine. However, if the care is considered part of normal parenting or household responsibility, it may not be compensable.
SIRA also considers whether the family caregiver is able to continue working or maintain their own health. If the care burden results in a loss of income, a reduction in hours, or a deterioration in mental or physical health, this may strengthen the claim. In such cases, a separate claim for loss of income or mental health impact may be considered.
Practical Steps and Time Limits for Families in Greater Sydney
If you are a family member providing care or seeking to claim for attendant care services, take the following steps:
- Seek medical attention immediately after the accident and keep all medical records.
- Notify your CTP insurer or SIRA as soon as possible, ideally within 30 days of the accident, to preserve your rights.
- Document all care provided, including a log of hours, tasks and any changes in the injured person’s needs.
- Obtain a formal medical report that confirms the need for personal care or supervision.
- Submit a claim for attendant care services through the SIRA claims portal or with the help of a legal or claims assistance provider.
There is no fixed deadline for making a claim, but delays may affect the availability of evidence or the ability to obtain accurate records. It is best to act promptly.
When to Seek Independent Advice
The assessment of attendant care claims can be complex, particularly when family members are involved. SIRA’s decisions are binding, but you have the right to request a review or dispute a decision. If your claim is denied or you believe the amount offered is insufficient, you may seek independent legal advice or contact a claims assistance provider.
A family in Greater Sydney who sustained a severe spinal injury in a car crash in 2025 relied on their adult daughter for daily care, including feeding, bathing and medication management. The daughter had to reduce her work hours and was not receiving any formal payment for her care. After obtaining a medical report confirming a WPI of 30% and a need for 4 hours of personal care per day, they submitted a claim for attendant care services. SIRA approved a payment for 15 hours per week at the standard rate, based on the need and the family’s documentation. The claim was successful because the care was not routine, was medically substantiated, and the family maintained a detailed record of hours and tasks.
Next Steps for Families in NSW
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.