MAC Act legacy compensation eligibility basics in NSW
If you were injured in a motor vehicle accident before 1 December 2017, you may be eligible for compensation under the legacy Motor Accidents Compensation Act 1999 (MAC Act). This article explains the key requirements for claiming under the old scheme, how it differs from current NSW CTP rules, and what evidence you need.
What qualifies for MAC Act legacy claims?
To claim under the MAC Act, your injury must have resulted from a motor vehicle accident occurring on or after 1 January 1999. The accident must have involved a vehicle covered by a green slip (NSW CTP insurance), and your injury must have occurred on or after the date of the accident. The scheme does not cover injuries from incidents involving non-motor vehicles like bicycles or pedestrians unless the accident involved a motor vehicle.
Key differences from current CTP scheme
The MAC Act legacy scheme has different rules compared to the current Motor Accident Injuries Act 2017 (MAIA). Under the MAC Act, compensation is based on a 'threshold injury' definition, which includes soft tissue injuries like whiplash. However, the MAIA requires a whole person impairment assessment for damages claims. Additionally, the MAC Act does not have the same 52-week limit for weekly benefits as the MAIA.
Evidence needed for MAC Act claims
To qualify, you must provide:
- A police report or accident statement
- Medical records showing your injury date and treatment
- Proof of the accident date (e.g., traffic camera footage, witness statements)
- Evidence that your injury meets the MAC Act's threshold injury criteria
Time limits and when to seek advice
Claims under the MAC Act must be made within 3 years of the injury date. If your accident occurred before 2017 and you haven't claimed yet, time limits may still apply. Specialist legal advice is recommended to assess whether your claim falls within the MAC Act's scope and whether you meet the eligibility criteria.
Example: MAC Act claim scenario
A driver involved in a 2016 car accident with soft tissue injuries may qualify for MAC Act compensation. However, if the injury date was after 1 December 2017, the claim would fall under the MAIA instead. Medical evidence confirming the injury date is critical to determine which scheme applies.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.