Transitional Claims Under the MAI Act
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).
The Motor Accident Injuries Act 2017 (MAI Act) introduced significant changes to NSW CTP compensation rules, affecting claims for accidents occurring before and after 1 January 2017. Transitional claims apply to incidents where part of the injury timeline falls before and after the 2017 reforms. For example, a pedestrian injured in a 2016 accident with ongoing treatment in 2023 would have a transitional claim, as the injury spanned both regimes.
Key Differences From Standard CTP Claims
Transitional claims differ from standard CTP claims in three ways: (1) they combine pre- and post-2017 rules, (2) they require assessing both the old 'threshold injury' test and the new 'whole person impairment' test, and (3) they involve different time limits for benefits. For instance, weekly income payments under the old scheme ended after 52 weeks, while the new scheme allows longer payments for severe injuries.
Practical Example from Albury
A cyclist in Albury injured in a 2016 collision with ongoing neck pain and nerve issues would have a transitional claim. Under the old rules, they could claim weekly payments for 52 weeks. Under the new rules, their whole person impairment (WPI) would determine if they qualify for longer payments. SIRA would assess both the 2016 injury and 2023 treatment to determine benefits.
Evidence and Steps for Claimants
Claimants should gather: (1) medical records showing injuries from both pre- and post-2017 dates, (2) accident reports from 2016, (3) witness statements from the 2016 incident, and (4) income records to show lost wages. SIRA requires claims to specify which parts of the injury timeline fall under each regime.
Time Limits and Dispute Options
Transitional claims must be submitted within 52 weeks of the last injury-related treatment under the old rules. If a claimant exceeds this deadline, they may need to apply for an extension under the new scheme. Disputes over benefit calculations can be resolved through SIRA's internal review process or the NSW Civil and Administrative Tribunal (NCAT).
When to Seek Legal Advice
Transitional claims are complex due to overlapping legal regimes. A solicitor can help identify which parts of the injury timeline apply to each scheme, ensure all evidence is properly categorized, and challenge incorrect benefit calculations. This is particularly important in rural areas like Albury where access to legal resources may be limited.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.