Motor Accident Injuries Act 2019

The relevant insurer for a motor accident may require a person injured in the motor accident to attend a health practitioner for an assessment of the injured person’s needs for treatment and care, including a medical or other examination.

An injured person must include an authority to disclose personal health information with the person’s application—see s 57.

Authority to disclose personal health information—see s 54.

Health practitioner—see the Legislation Act, dictionary, pt 1.

The injured person must comply with any reasonable request made by the relevant insurer in relation to the assessment.

If the injured person fails, without reasonable excuse, to comply with the relevant insurer’s request, the relevant insurer may suspend either or both of the following until the person complies with the request:

the person’s treatment and care benefits;

the person’s income replacement benefit payments.

If the relevant insurer decides to suspend the injured person’s treatment and care benefits and income replacement benefits, the insurer must give the injured person written notice (a suspension notice) stating—

the reasons for the suspension; and

the actions the injured person may take to avoid the benefits or payments being suspended; and

the date the suspension takes effect; and

that the injured person may seek internal review of the suspension under part 2.10 (Defined benefits—dispute resolution).

A suspension notice must be given at least 2 weeks before the date the suspension takes effect.

The MAI guidelines may make provision in relation to the conduct of assessments under this section.