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 must retain specific evidence to support their Compulsory Third Party (CTP) claims. Under the Motor Accident Injuries Act 2017 (MAIA), evidence must demonstrate the injury's connection to the accident and its impact on daily life. This article explains what records to preserve, how SIRA evaluates defence-related claims, and the legal risks of losing critical documentation.
NSW CTP Rules for Defence Personnel
NSW CTP claims are governed by the MAIA, which prioritises medical evidence over fault. For defence personnel, injuries must be assessed using the Motor Accident Guidelines, which include spinal nerve-root criteria for soft-tissue injuries. SIRA evaluates claims by:
- Reviewing medical records confirming the injury's date, type, and severity
- Assessing how the injury affects work or military duties
- Verifying the accident's connection to the injury
Unlike civilian claims, defence injuries may require additional documentation, such as military medical records or fitness reports, to prove the injury's impact on service capabilities.
Essential Evidence for CTP Claims
To support a claim, military personnel must retain:
- Medical records: Detailed reports from doctors, including imaging and diagnosis notes
- Accident reports: Police reports, witness statements, and photographic evidence of the scene
- Military-related documents: Fitness reports, duty records, or medical discharge summaries showing pre-injury fitness
- Income records: Proof of lost wages or reduced duty hours
- Treatment records: Evidence of ongoing care, including physiotherapy or specialist consultations
SIRA may request these documents to determine if the injury meets the 'threshold injury' definition under the MAIA. For example, a soldier with a soft-tissue injury requiring physiotherapy would qualify, while a minor bruise without treatment might not.
Time Limits and Dispute Resolution
Claims must be submitted within 52 weeks of the accident, though extensions may apply for complex cases. If records are lost or incomplete, SIRA may:
- Request additional evidence within 28 days
- Refuse a claim if critical documentation is missing
- Reopen a claim if new evidence emerges
Disputes over evidence are resolved through SIRA's internal review process or the NSW Civil and Administrative Tribunal (NCAT). Military personnel should seek legal advice if their claim is rejected, as SIRA's assessment of 'threshold injury' can be contested.
Hypothetical Example
A Defence Force member injured in a car accident may need to prove:
- A spinal nerve-root injury confirmed by MRI
- A medical report linking the injury to the accident
- Fitness records showing pre-injury physical capabilities
If the injury meets the MAIA's threshold and the evidence is complete, the claimant may receive weekly payments and treatment benefits. However, missing medical records could result in the claim being denied.
When to Seek Legal Advice
Military personnel should consult a solicitor if:
- Their injury is disputed as a 'threshold injury'
- They face a time limit for submitting evidence
- They need assistance navigating SIRA's assessment process
Legal professionals can also help challenge SIRA decisions or pursue additional compensation for long-term impacts on service.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.