Motor Accident Injuries Act 2019

This section applies if a person injured in a motor accident is charged with a serious 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, treatment and care benefits or quality of life benefits by the injured person ends—

if the injured person is convicted or found guilty of the serious 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 the defined benefits mentioned in subsection (3).

Note A decision to declare that an injured person is not entitled to the defined benefits mentioned in s (3) 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.

In this section:

serious offence means an offence against any of the following provisions:

the Crimes Act 1900—

section 12 (Murder); or

section 15 (Manslaughter); or

section 19 (Intentionally inflicting grievous bodily harm); or

section 21 (Wounding); or

section 29 (Culpable driving of motor vehicle);

the Road Transport (Alcohol and Drugs) Act 1977—

section 19 (Prescribed concentration of alcohol in blood or breath), if the convicting court finds that the concentration of alcohol in the person’s blood or breath was at level 4; or

section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid), if the convicting court finds that the concentration of alcohol in the person’s blood or breath was at level 4; or

section 22 (Refusing to provide breath sample); or

section 22A (Refusing to provide oral fluid sample); or

section 22B (Failing to stay for screening test); or

section 22C (Refusing to undergo screening test); or

section 23 (Refusing blood test etc); or

section 24 (Driving under the influence of intoxicating liquor or a drug), if—

the offence relates to driving under the influence of intoxicating liquor; and

a copy of a certificate or statement under that Act, section 41 (1) (a), (c) or (g) (Evidentiary certificate—alcohol-related tests) or section 41AD (Evidentiary certificate—analysis of sample for prescribed drug etc) that is admitted in evidence in a proceeding in relation to the offence shows that the concentration of alcohol in the person’s blood or breath was equivalent to level 4; or

section 24, if the offence relates to driving under the influence of a drug; or

section 24A (1) (Use vehicle or animal on road or road related area under influence of alcohol or drug) if—

a copy of a certificate under that Act, section 41 (1) (g) or section 41AD that is admitted in evidence in a proceeding in relation to the offence shows that the concentration of alcohol in the person’s blood was equivalent to level 4; or

the offence relates to the person being under the influence of a drug;

the Road Transport (Safety and Traffic Management) Act 1999—

section 5A (Races, attempts on speed records, speed trials etc), if the offence is an aggravated offence; or

section 7 (Furious, reckless or dangerous driving), if the offence is an aggravated offence; or

section 8 (Menacing driving);

a provision prescribed by regulation.