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).
Military personnel injured in NSW road accidents have specific dispute resolution processes under the Compulsory Third Party (CTP) scheme. This article explains how SIRA handles claims for defence personnel in Bankstown, outlines available dispute mechanisms, and highlights key differences compared to standard CTP claims.
NSW CTP Rules for Defence Personnel
Under the Motor Accident Injuries Act 2017, CTP claims for military personnel follow the same statutory framework as other road accident claims. However, SIRA (State Insurance Regulatory Authority) applies additional considerations due to the unique circumstances of defence personnel. For example, injuries sustained during training or operational duties may be assessed differently under the Motor Accident Guidelines. SIRA also prioritises claims involving service members by ensuring timely processing of medical assessments and benefit determinations.
Practical Steps and Evidence for Disputes
If a dispute arises, claimants must provide detailed evidence to support their case. Key documents include:
- Medical records confirming the injury's link to the accident
- Accident reports with specific details about the incident
- Witness statements or CCTV footage
- Communication with SIRA regarding claim progress
Military personnel should also retain records of any work-related injuries, as these may fall under both CTP and workers' compensation frameworks. SIRA requires evidence that the injury meets the 'threshold injury' definition under the Motor Accident Guidelines, which includes spinal nerve-root injuries with neurological signs.
Time Limits and Dispute Resolution Pathways
CTP claims must be submitted within 52 weeks of the accident for statutory benefits to apply. However, disputes about injury severity or benefit calculations can extend beyond this period. If a claimant disagrees with SIRA's decision, they can request an internal review within 28 days of receiving the notice. For more complex disputes, the Personal Injury Commission (PIC) offers a medical dispute pathway where independent experts assess the injury's impact. This process is particularly relevant for military personnel with long-term disabilities or chronic pain.
Key Differences in Military CTP Claims
Unlike standard CTP claims, disputes involving defence personnel often require additional scrutiny. For example, injuries sustained during combat training may be classified differently under the Motor Accident Guidelines. SIRA also considers the service member's duty of care and any pre-existing conditions when assessing claims. This distinction is critical when challenging a decision about threshold injuries or weekly benefit entitlements.
Hypothetical Example
Consider a Defence Force member injured in a Bankstown car accident. SIRA initially determines the injury is a 'threshold injury' and limits benefits after 52 weeks. The claimant disputes this, arguing the injury meets the spinal nerve-root criteria under the guidelines. They request an internal review, then escalate to the PIC for a medical assessment. This process highlights how military claims require tailored dispute resolution strategies.
When to Seek Legal Advice
While SIRA provides dispute mechanisms, claimants should consult a solicitor if:
- The injury involves complex medical evidence
- There are disputes about the accident's fault or contributory negligence
- The claimant is unsure about their entitlement to benefits
Legal professionals can help navigate the distinction between statutory benefits and common law damages, which is crucial for military personnel with long-term injuries.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To discuss your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts.