Motor Accident Injuries Act 2019

This section applies if a person injured in a motor accident is charged with a driving offence in relation to the motor accident.

If the injured person has applied for quality of life benefits, the application is suspended for the period the charge is outstanding.

Any entitlement to income replacement benefits or quality of life benefits by the injured person ends—

if the injured person is convicted or found guilty of the driving offence—

if the injured person does not appeal the conviction or finding of guilt—at the end of the appeal period for the offence; or

if the injured person appeals the conviction or finding of guilt—when the appeal is finalised and the conviction or finding of guilt is upheld; or

if the injured person is entitled to immunity under the Diplomatic Privileges and Immunities Act 1967 (Cwlth) and the MAI commission makes a declaration under subsection (4)—

if the injured person does not apply for review of the MAI commission’s decision to make the declaration—at the end of the time allowed under section 479 (3) to apply for review; or

if the injured person applies for review of the MAI commission’s decision to make the declaration—when the review and any subsequent review or appeal of the review decision is finalised, and the decision to make the declaration is upheld.

The MAI commission may, on request by the relevant insurer for the motor accident, declare that, having taken into consideration the police accident report for the motor accident and any other evidence provided by the police, the injured person is not entitled to income replacement benefits or quality of life benefits.

A decision to declare that an injured person is not entitled to income replacement benefits or quality of life benefits is a reviewable decision (see ch 10 and sch 2).

The relevant insurer is not entitled to recover any amount of defined benefits paid to the injured person before the day the injured person’s entitlement to defined benefits ends.