Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
Legacy claims under the Motor Accident Claims Act (MAC Act) are still relevant for certain injuries in NSW, including treatment and rehabilitation planning in the Newcastle and Hunter region. These claims operate under older frameworks but remain active for eligible injuries. Understanding how they differ from current CTP claims and how SIRA manages them is critical for injured persons seeking support. This article explains the legal basis, practical steps, and considerations for MAC Act legacy claims focused on rehabilitation planning.
Legal Framework for MAC Act Legacy Claims
The MAC Act, which preceded the Motor Accident Injuries Act 2017, governed claims for injuries caused by motor vehicles. While most claims now fall under the current CTP scheme, legacy claims are still active for injuries sustained before 1 July 2018. These claims are managed by SIRA (State Insurance Regulatory Authority) under the same principles as current CTP claims, but with distinct rules for treatment and rehabilitation.
Key differences include: legacy claims are not subject to the 52-week statutory benefit limit for threshold injuries, and rehabilitation planning must align with SIRA’s guidelines. For example, a person with a soft tissue injury (like a whiplash) under the MAC Act may receive ongoing treatment funding for longer than 52 weeks, provided their condition meets the threshold injury criteria. This distinction is crucial for injured persons in Newcastle and Hunter seeking long-term support.
Practical Steps for Rehabilitation Planning
To manage MAC Act legacy claims effectively, injured persons must:
- Gather detailed medical records showing the injury’s impact on daily activities.
- Work with a medical practitioner to document rehabilitation needs, such as physiotherapy or occupational therapy.
- Submit a rehabilitation plan to SIRA, outlining how treatment will address functional limitations.
- Monitor progress through regular medical updates to ensure claims remain active.
SIRA requires evidence that rehabilitation is necessary and directly linked to the injury. For instance, a cyclist with a spinal nerve-root injury (meeting the MAC Act’s soft tissue definition) must demonstrate how treatment will restore mobility or reduce pain. This process is similar to current CTP claims but applies to older frameworks.
Time Limits and Dispute Resolution
MAC Act legacy claims have specific deadlines. For example, a person must notify SIRA of an injury within 90 days of the accident. If treatment is delayed beyond this period, it may affect eligibility for certain benefits. Disputes over rehabilitation plans can be resolved through SIRA’s internal review process or by seeking independent medical opinions.
Injured persons should also be aware of the 52-week rule for threshold injuries under the current CTP scheme. While legacy claims are not subject to this limit, they must still meet the MAC Act’s definition of a threshold injury. This distinction is vital for claims in the Newcastle and Hunter region, where SIRA’s interpretation of legacy injuries may vary.
When to Seek Legal Advice
While SIRA provides guidance on MAC Act claims, navigating legacy claims can be complex. Injured persons should consult a solicitor if:
- Their rehabilitation plan is rejected by SIRA.
- They face disputes over treatment funding.
- They need assistance with claims for pre-2018 accidents.
Legal professionals can help ensure claims comply with both the MAC Act and SIRA’s requirements, particularly for injuries requiring long-term rehabilitation.
Example: Rehabilitation Planning for a MAC Act Claim
Consider a pedestrian in Newcastle who suffered a soft tissue injury in 2019. Under the MAC Act, they can claim treatment for 52 weeks or longer if their injury meets the threshold criteria. Their rehabilitation plan must include:
- A medical report confirming the injury’s impact on mobility.
- Evidence of ongoing physiotherapy sessions.
- A timeline showing how treatment will restore function.
SIRA will assess whether the plan aligns with their guidelines. If approved, the injured person can receive funding for treatment beyond the 52-week period, unlike under the current CTP scheme.
Next Steps
CTP entitlements and deadlines depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.