Motor Accident Injuries Act 2019

This section applies if—

an insurer must pay treatment and care benefits or income replacement benefits to a person injured in a motor accident; and

the injured person is a foreign national; and

the injured person intends to leave Australia permanently before the end of the period for which the benefits are payable.

Before the injured person leaves Australia permanently, the injured person—

must notify the insurer that the person intends to leave Australia permanently; and

may apply to the insurer for the payment of a lump sum (a lump sum payment) to cover the person’s future entitlement to defined benefits.

The insurer must continue to pay the injured person the defined benefits to which the person is entitled until the day the person leaves Australia permanently.

If the insurer receives an application under subsection (2) (b), the insurer must—

calculate the amount of the lump sum payable to the person; and

notify the injured person, in writing, about the amount calculated.

If the amount calculated under subsection (4) (a) is less than $10 000, the injured person is not entitled to a lump sum payment.

If the amount calculated under subsection (4) (a) is $10 000 or more, the insurer must pay the injured person the lump sum payment.

The lump sum may be calculated and made after the injured person leaves Australia permanently.

The injured person’s entitlement to defined benefits ends—

on the day the injured person leaves Australia permanently, if the injured person—

does not tell the insurer that the person intends to leave Australia permanently; or

tells the insurer that the person intends to leave Australia permanently but does not apply for a lump sum payment; or

applies for a lump sum payment but the amount of the lump sum is less than $10 000; or

if the insurer pays the injured person a lump sum payment—the day the injured person receives the lump sum payment.

The injured person’s entitlement to defined benefits is not revived if the person returns to Australia.

The MAI guidelines may make provision for determining the following:

the eligibility of an injured person who is a foreign national to a lump sum payment;

the amounts to be included when calculating the amount of a lump sum and how the amount of the lump sum is to be calculated.

If the injured person makes a motor accident claim in relation to the motor accident, the amount of the lump sum payment must be taken into account when assessing damages for the motor accident claim.

Part 2.10 Defined benefits—dispute resolution

Division 2.10.1 Preliminary