MAC Act Legacy Claims, How SIRA Explains the Rules (NSW-wide)
If you were injured in a motor accident before 1 December 2017, you may be claiming under the Motor Accident Claims Act (MAC Act). SIRA, the NSW government agency managing CTP claims, provides specific guidance for these older claims. This article explains how SIRA interprets the MAC Act rules, what injuries qualify, and how to proceed.
Key Differences Between MAC Act and Current NSW CTP Claims
The MAC Act, which governed CTP claims from 1999 to 2016, has been replaced by the Motor Accident Injuries Act 2017 (MAIA). Key differences include:
- Eligibility: MAC Act claims apply only to accidents occurring before 1 December 2017. Claims under the MAC Act are limited to injuries meeting the 'threshold injury' definition under the old legislation.
- Benefits: Under the MAC Act, injured parties could claim weekly income payments, treatment and care benefits, and lump sum compensation for permanent impairments. These benefits are no longer available under the MAIA.
- Time limits: MAC Act claims must be made within 52 weeks of the accident, unless the injured person is under 18 or has a disability. This is stricter than the MAIA’s 52-week limit for certain injuries.
SIRA provides detailed guidance on how to apply these rules, including how to assess whether an injury qualifies under the MAC Act.
What Types of Claims Are Covered Under the MAC Act?
Under the MAC Act, claims are limited to injuries that meet the 'threshold injury' definition. This includes:
- Soft tissue injuries (e.g., whiplash) that meet specific neurological criteria.
- Injuries requiring treatment, such as fractures or sprains.
- Permanent impairments assessed using the
- New South Wales Motor Accident Guidelines*.
SIRA clarifies that injuries must have occurred as a result of a motor vehicle accident. Claims for injuries from non-motor vehicle incidents (e.g., pedestrian accidents) are not covered under the MAC Act.
Practical Steps and Evidence for MAC Act Claims
To pursue a MAC Act claim, you must:
- Seek medical attention promptly to document the injury. Medical records must show the injury resulted from a motor accident.
- Preserve accident details, including police reports, witness statements, and photographs of the scene.
- Notify the at-fault driver’s insurer within 52 weeks of the accident. Delays may result in losing the right to claim.
- Submit a claim form to SIRA, including evidence of the injury and its connection to the accident.
SIRA provides a claim form and guidance on its website. Claims must be submitted within the 52-week time limit, unless the injured person is under 18 or has a disability.
Time Limits and Dispute Resolution
MAC Act claims must be made within 52 weeks of the accident. If the injured person is under 18 or has a disability, the time limit is extended to 52 weeks from the date they reach adulthood or regain capacity. Failure to meet this deadline may result in losing the claim.
If you disagree with SIRA’s decision, you can request a review or escalate the matter to the NSW Civil and Administrative Tribunal (NCAT). SIRA provides a formal process for disputing claims, which is outlined on its website.
When to Seek Legal Advice
MAC Act claims are complex, and SIRA’s rules can be difficult to navigate. If your injury occurred before 2017 and you’re unsure whether you qualify for a claim, it’s important to seek legal advice. A solicitor can help you:
- Assess whether your injury meets the MAC Act’s threshold.
- Ensure your claim is submitted within the time limit.
- Challenge a decision if you believe it is unfair.
Example: A MAC Act Claim for a Soft Tissue Injury
Consider a scenario where a pedestrian is hit by a car in 2015. The injury includes whiplash and a minor neck strain. Under the MAC Act, the injured person could claim weekly income payments for 52 weeks and treatment benefits for recovery. However, if the injury does not meet the threshold definition (e.g., no neurological signs), the claim may be denied.
This example highlights why it’s crucial to seek medical evidence confirming the injury meets the MAC Act’s criteria.
Next Steps
If you were injured in a motor accident before 1 December 2017 and are unsure about your claim, contact SIRA directly or seek legal advice. General information cannot determine whether a claim is available in an individual case. Time limits and procedural requirements may apply. To request contact about your circumstances, complete the quick, no obligation enquiry form.