1Under the Motor Accident Injuries Act 2019 (ACT), a QOL benefits application is 'finally dealt with' only in the specific circumstances enumerated in the Act (acceptance or deemed acceptance of a WPI offer or final offer WPI); where a claimant notifies disagreement with an insurer's WPI report and the insurer fails to progress to a final offer under ss 160–161, the application remains open and mandamus may compel the insurer to comply with its statutory obligations.
2A private insurer exercising statutory decision-making functions under the MAI Act — including determining WPI and making final offers that govern access to common law damages — is amenable to prerogative relief in the nature of mandamus, applying the Datafin principle that justiciability turns on the nature of the power exercised rather than the identity of the decision-maker.
3Section 239 of the MAI Act constrains the making of an award of damages, not the commencement of proceedings; an injured person may commence a negligence action without meeting the 10% WPI threshold, though such proceedings remain vulnerable to summary dismissal until the threshold is satisfied.
