Understanding MAC Act legacy claims in NSW
Motor accident claims in New South Wales that arose before 1 May 2017 are governed by the Motor Accident Claims Act 1990 (MAC Act), not the current Motor Accident Injuries Act 2017. These legacy claims remain active and eligible for compensation under the MAC Act framework, including for caregivers and family members affected by a motor accident. In the Newcastle and Hunter region, families may still be pursuing claims under this older scheme, particularly where injuries were sustained in 2016 or earlier, or where a claim was initiated before the 2017 reform. The MAC Act provides for compensation for economic loss, non-economic loss, and care and support, including for family members who have provided or will provide care as a result of the accident.
What compensation is available for caregivers and families
Under the MAC Act, a family member who has provided or is expected to provide care as a result of a motor accident may be entitled to claim for care and support. This includes time spent assisting with daily tasks such as personal care, household management, and transport, as well as the value of that care. The claim is not limited to formal caregivers; a spouse, parent, child, or other close family member who has taken on caregiving responsibilities may qualify.
The value of care is assessed based on the reasonable cost of hiring a professional carer. If the claimant has not hired a professional, the court may assess the value based on the time spent and the nature of the tasks performed. The claimant must demonstrate that the care was necessary and that it would not have been provided without the accident.
How SIRA handles legacy claims in the Newcastle and Hunter region
The State Insurance Regulatory Authority (SIRA) continues to administer legacy claims under the MAC Act. SIRA assesses these claims using the same principles as for current claims, but with reference to the MAC Act and its associated regulations. For families in the Newcastle and Hunter region, SIRA’s local offices and regional support networks remain accessible for claim management and dispute resolution.
SIRA does not apply the 52-week time limit on treatment and care benefits that applies under the 2017 Act. Instead, benefits under the MAC Act may continue for as long as the injury and care needs persist, provided they are supported by medical evidence and documentation. This is particularly relevant for long-term or permanent injuries where caregiving needs extend over many years.
Evidence and practical steps for families
Families pursuing a MAC Act legacy claim should gather and preserve the following evidence:
- Medical reports confirming the injury and ongoing care needs
- A detailed record of time spent providing care, including dates, tasks performed, and duration
- Correspondence with the insurer, including any letters, emails, or call logs
- Proof of out-of-pocket expenses related to care, such as travel, equipment, or modifications to the home
- Witness statements from others who have observed the caregiving role
Photographs of the injured person’s daily activities, home modifications, or equipment used may also support the claim. It is important to keep all records in a secure and organised file, as SIRA may request them during the claim process.
Time limits and dispute resolution
There is a 3-year limitation period from the date of the motor accident to commence a claim under the MAC Act. This means that a claim must be started by 31 December 2020 for accidents occurring on 1 January 2018 or earlier. However, if a claim was initiated before the 3-year limit expired, it may continue to progress under the MAC Act framework.
Families who believe their claim for care and support has been unfairly assessed or denied may request a review from SIRA. If the review is unsuccessful, the matter may be referred to the NSW Civil and Administrative Tribunal (NCAT) for determination. Families in the Newcastle and Hunter region can access local legal aid services or community legal centres for assistance with dispute resolution.
Regional considerations for Newcastle and Hunter families
Families in the Newcastle and Hunter region may face unique challenges in pursuing MAC Act legacy claims. These include:
- Limited access to specialist medical practitioners for long-term injury assessment
- Delays in processing claims due to higher volumes in regional SIRA offices
- Difficulty in obtaining independent medical evidence from providers outside the region
Families should consider seeking advice from a local legal or community organisation familiar with regional claim processes. SIRA’s regional contact points in Newcastle and Maitland remain available for guidance and case management.
Hypothetical example: A family’s experience
A 62-year-old mother in Maitland sustained a spinal injury in a 2015 car accident. Her 18-year-old son, who lived at home, provided daily care for her, including helping with mobility, cooking, and managing medications. The son worked part-time and could not afford to hire help. After the accident, he reduced his work hours to support his mother. He later submitted a claim for care and support under the MAC Act, supported by medical reports, a time log of care activities, and a letter from his employer confirming reduced hours. SIRA accepted the claim and awarded compensation based on the reasonable cost of professional care.
Next steps for families
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.