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 motor accidents on NSW roads may be eligible for compensation through the Compulsory Third Party (CTP) scheme. This article explains how the NSW CTP framework applies to service members, outlines practical steps for making a claim, and provides examples relevant to Greater Sydney. SIRA (State Insurance Regulatory Authority) administers CTP claims, and its guidelines clarify what injured personnel can expect.
Key Considerations for Military Personnel
CTP claims for military personnel follow the same rules as for civilians, but service-related injuries may require additional documentation. Under the Motor Accident Injuries Act 2017, injured persons can claim for:
- Medical treatment and care (including physiotherapy and specialist visits)
- Weekly income payments if injured and unable to work
- Compensation for pain, suffering and loss of enjoyment if a threshold injury is established
SIRA assesses claims based on medical evidence, accident reports, and the nature of the injury. Military personnel should ensure all documentation reflects their service-related circumstances, such as injuries sustained during training or duty.
Practical Steps and Evidence
To support a CTP claim, military personnel should:
- Gather medical records confirming the injury and its connection to the accident
- Obtain a motor accident report from NSW Police or the relevant authority
- Document witness statements or photographs of the accident scene
- Provide income records to support weekly payment claims
- Submit a claim form through SIRA’s online portal or by mail
For example, a soldier injured in a car accident near Sydney Airport while on leave would need to demonstrate how the injury impacted their ability to perform military duties or their civilian income. SIRA’s guidelines emphasize that all claims must be supported by objective evidence.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident if the injury is classified as a threshold injury (per Motor Accident Injuries Act 2017 s 4.4). For non-threshold injuries, there is no strict time limit, but delays may reduce the chances of securing full compensation. If a claim is disputed, injured persons can:
- Request a review by SIRA’s internal mediation team
- Seek legal advice to challenge a decision
- Apply for a compensation review tribunal if necessary
Military personnel should act promptly, as delays in reporting injuries or submitting evidence may affect eligibility for certain benefits. SIRA’s website provides templates and checklists to help with claim preparation.
When to Seek Legal Advice
While SIRA handles most CTP claims, military personnel should consult a solicitor if:
- The injury involves contributory fault (e.g., the injured person was partially at fault)
- There are overlapping claims with workers’ compensation or other schemes
- The claim involves complex medical or legal issues (e.g., long-term disability or PTSD)
Legal professionals can also assist with negotiating settlements or representing injured persons in disputes. Time limits and procedural requirements vary depending on the accident date and injury type, so early legal advice is often beneficial.
Next Steps
CTP claims for military personnel in NSW depend on the specific circumstances of the accident, injury, and claim history. While SIRA provides a clear framework for compensation, individual cases may require tailored guidance. To request contact about your circumstances, complete the quick, no obligation enquiry form.