Understanding MAC Act Legacy Claims in NSW
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).
If you were injured in a motor accident in Greater Sydney before 1 December 2017, your claim may be governed by the Motor Accidents Compensation Act 1999 (MACA), not the current Motor Accident Injuries Act 2017 (MAIA). This legacy framework still applies to claims that began under the old system, including those involving ongoing treatment, disputes over entitlements, or claims that were not finalised by the 2017 reform. The distinction matters because entitlements, time limits and procedural requirements under MACA differ from those under the current scheme.
Immediate Steps After a Motor Accident
After any motor accident, the first priority is to seek medical attention, even if injuries appear minor. Documenting your condition early supports your claim. You must notify the insurer of the vehicle at fault within 30 days of the accident, or within 12 months if you were not at fault and were injured. This notice must be in writing and include your name, contact details, the date and location of the accident, and a brief description of the injury.
What to Do Next: Reporting and Claiming
To begin a claim under the MACA legacy, you must complete a claim form provided by the insurer of the at-fault vehicle. This form is not the same as the one used under the current MAIA scheme. You must submit it to the insurer within 12 months of the accident, or within 12 months of the date you first became aware of a permanent impairment, whichever is later.
You must also provide evidence to support your claim. This includes medical records showing diagnosis, treatment and any ongoing impact on your daily life. Photographs of the accident scene, vehicle damage, or injury symptoms may be useful. Witness statements, police reports (if available), and records of lost income or out-of-pocket expenses related to the accident should also be preserved.
What You Can Claim Under MACA
Under the MACA legacy, you may be entitled to:
- Treatment and care benefits, including medical and rehabilitation services
- Weekly income payments if you are unable to work due to injury
- A lump sum for permanent impairment, if assessed as 10% or more
- A lump sum for pain and suffering, if you have a permanent impairment of 10% or more and the injury was caused by a motor vehicle accident
- A lump sum for loss of dependency, if a family member died as a result of the accident
The value of a lump sum for pain and suffering is determined by a formula based on the degree of impairment, age, and other factors. You must have a formal assessment of whole person impairment (WPI) by a qualified medical practitioner to claim this.
SIRA’s Role in Legacy Claims
The State Insurance Regulatory Authority (SIRA) oversees motor accident claims in NSW, including those under the MACA legacy. SIRA does not administer claims directly, but it ensures insurers comply with legal obligations and provides guidance on procedures. If your claim is denied or delayed, you may apply to SIRA for a review. SIRA can also assist with disputes over impairment assessments or entitlements.
SIRA’s website provides forms, guides and contact details for claimants. However, it does not provide legal advice. You should not rely on SIRA’s information as a substitute for independent legal advice, particularly if your claim involves complex issues such as contributory fault, disputes over impairment, or a claim for damages.
Time Limits and Dispute Options
Time limits are critical under the MACA legacy. You must start your claim within 12 months of the accident, or within 12 months of becoming aware of a permanent impairment. These deadlines are strict and cannot be extended unless a court grants an extension.
If your claim is rejected, you may appeal to the NSW Civil and Administrative Tribunal (NCAT) or apply to the NSW Supreme Court. These processes require legal representation and can take months or years to resolve. You must act quickly if you wish to challenge a decision.
When to Seek Independent Advice
The MACA legacy framework is complex and has different rules from the current MAIA scheme. For example, under MACA, you may still be eligible for damages even if you have a threshold injury, unlike under MAIA where damages are restricted to non-threshold injuries. The legal test for fault, contributory fault and the value of lump sum payments under MACA are not the same as under the current law.
Given these differences, it is essential to seek independent legal advice if you are unsure about your rights, the value of your claim, or whether to proceed with a claim for damages. A solicitor can help you understand whether your claim is time-barred, whether you have a valid basis for a lump sum for pain and suffering, or whether a dispute over impairment assessment should be challenged.
Hypothetical Example
A pedestrian in Sydney’s Inner West was struck by a car in 2016. They sustained a spinal injury that caused chronic pain and limited mobility. The injury was not diagnosed until 2017, and they began treatment in 2018. Because the accident occurred before 1 December 2017, this claim is governed by MACA. The claimant must now determine whether they can still make a claim under the 12-month time limit from when they first became aware of a permanent impairment. They must also obtain a WPI assessment to determine eligibility for a lump sum for pain and suffering.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.