Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
Defence personnel injured in NSW motor accidents face distinct rules under the 2017 CTP reforms. These changes affect how claims are assessed, particularly for service members based in Newcastle and Hunter. This article explains the key legal shifts, how SIRA evaluates claims differently for military personnel, and practical steps to support your case.
What Changed in the 2017 CTP Reforms?
The 2017 reforms restructured NSW CTP claims by introducing a 'threshold injury' definition and shifting responsibility for assessing injury severity to SIRA. For defence personnel, this means:
- Threshold injuries now require specific clinical signs under the Motor Accident Guidelines (MAGs), such as spinal nerve-root injuries with neurological signs. This is stricter than previous civilian standards.
- SIRA’s role expanded: the agency now assesses all claims, including those involving military personnel, using its own injury severity rating. This replaces the previous system where claims were evaluated by the claimant’s own medical professionals.
- Fault is less relevant for CTP claims, but service members must still prove the accident occurred and injuries were caused by the motor accident.
How SIRA Assesses Claims for Defence Personnel
SIRA applies the same injury severity rating to all claims, including those involving military personnel. Key differences include:
- Military-specific documentation: SIRA requires evidence of military service, such as service records or medical reports noting service-related injuries. This ensures claims are not confused with civilian injuries.
- No 'threshold injury' cutoff: Unlike civilian claims, defence personnel can still claim benefits for threshold injuries beyond 52 weeks if the injury is directly related to their service. This is because SIRA’s assessment focuses on the injury’s impact rather than a fixed time period.
- Higher scrutiny for 'whole person impairment': SIRA uses the Whole Person Impairment (WPI) scale to assess long-term effects. Defence personnel must provide detailed evidence of how their injury affects their ability to perform military duties.
Practical Steps and Evidence for Military Claims
To support a CTP claim as a defence personnel member, gather:
- Medical records showing the injury’s connection to the motor accident and its impact on your service.
- Accident reports from NSW Police or the scene, including details of the incident and any witness statements.
- Service records confirming your role and how the injury affects your ability to perform duties.
- Income evidence such as payslips or service pension statements to support claims for lost wages.
- SIRA’s injury severity rating - ensure you request this document as it determines your entitlements.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident, unless the injury is a 'threshold injury' and the claimant is still receiving treatment. For defence personnel, delays in obtaining SIRA’s injury rating may affect deadlines. If your claim is disputed:
- Request a review through SIRA’s internal process.
- Seek independent medical opinion to challenge SIRA’s assessment.
- Consult a solicitor if disputes escalate, as legal advice can help navigate SIRA’s specific rules for military claims.
When to Seek Advice
The 2017 reforms introduced complex changes that affect how defence personnel claims are assessed. For example, a service member injured in a 2023 accident in Newcastle might face different rules than someone injured in 2018. To ensure your claim is handled correctly:
- Contact a solicitor familiar with SIRA’s assessment process and military claims.
- Submit your claim promptly to avoid missing deadlines.
- Review SIRA’s guidelines to understand how your injury fits the threshold injury definition.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.