Under the Motor Accident Injuries Act 2017, the New South Wales Compensation Injury Authority (SIRA) evaluates claims for compensation following a motor accident. While the Civil Liability Act 2002 governs general damages in personal injury cases, CTP claims are statutory benefits under the Motor Accident Injuries Act. This article explains how SIRA assesses a claimant's ability to return to daily activities as part of a CTP claim, including evidence requirements and practical steps.
SIRA's Role in Assessing Daily Activity Restoration
- SIRA determines compensation based on the
- Motor Accident Guidelines* and the
- Motor Accident Injuries Act 2017*. For daily activity restoration, SIRA considers whether an injury has improved to the point where the claimant can perform routine tasks such as cooking, shopping, or working. This assessment is distinct from common law damages under the Civil Liability Act 2002, which applies to general negligence claims.
To demonstrate daily activity restoration, claimants must provide:
- Medical records confirming recovery
- Evidence of resuming work or household duties
- Statements from healthcare professionals
- Activity logs tracking progress
SIRA evaluates whether the claimant's injuries have resolved to the point where they no longer require compensation for daily activity limitations. This is separate from statutory benefits like weekly payments or treatment costs.
Practical Steps for Proving Daily Activity Restoration
- Document medical recovery: Obtain reports from doctors or physiotherapists confirming improved mobility and function.
- Track daily activities: Keep a journal of tasks completed, such as cooking meals or managing finances, to show restored independence.
- Provide work evidence: Submit payslips, employment records, or employer statements confirming return to work.
- Seek SIRA review: If recovery is incomplete, request a review of your claim's progress.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident under the Motor Accident Injuries Act 2017. If a claimant's injuries have resolved but compensation is still owed, SIRA will reassess benefits. Disputes over daily activity restoration can be escalated to the NSW Civil and Administrative Tribunal (NCAT) for review.
When to Seek Legal Advice
While SIRA handles most CTP claims, complex cases involving overlapping workers' compensation, long-term disability, or disputes over daily activity limits may require legal assistance. A solicitor can help navigate SIRA's assessment process and ensure all evidence is properly submitted.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.