Motor Accident Compensation in the ACT: Part 2 – Understanding the Modern System
This article continues our series on motor accident compensation in the ACT. You can read about the history of the scheme in Part 1 found here.
The ACT’s modern compensation framework is governed by the Motor Accident Injuries Act 2019 (ACT) (MAIA). The Act introduced statutory defined benefits while retaining access to common law damages for more serious injuries.
The reforms aimed to promote early treatment, reduce legal and administrative costs, and improve long-term sustainability.
Many claims under the previous common law scheme remain active, but the 2019 Act has significantly reshaped entitlements and dispute resolution in the ACT.
Under the MAIA, injured persons must lodge an Application for Personal Injury Benefits. This provides access to:
Statutory benefits apply to most injured road users regardless of fault, subject to injury thresholds.
The MAIA promotes early resolution by requiring:
Access to common law damages requires meeting a defined threshold of permanent impairment.
Disputes are primarily resolved through ACT Civil and Administrative Tribunal (ACAT) processes, including:
Disputes relate to:
Minors and incapable persons require court approval to finalise settlements.
Medical disputes are determined by MAIA-appointed medical assessors, who assess:
This system replaces many of the contested medico-legal issues from the prior fault-based scheme.
Only those who suffer a defined injury (usually exceeding a WPI threshold) can pursue common law damages.
Common law benefits may include:
Others retain access to statutory benefits only.
The MAIA provides:
Damages are reduced for contributory negligence.
Read more in Part 3 of this series, “Procedural Requirements Under the MAIA.”
For assistance with Advocacy, Equity, or Statutory Compensation, contact us.
If you have any questions regarding motor accident compensation in NSW, please contact Gary Patterson, Special Counsel & Associate Director, on (02) 9264 9111.