Motor Accident Injuries Act 2019

An application for defined benefits made by a person injured in a motor accident must be accompanied by an authority to disclose personal health information.

Note Authority to disclose personal health information—see s 54.

Subsection (3) applies if an injured person revokes an authority to disclose personal health information while the injured person is still entitled to defined benefits.

The insurer may suspend the processing of the injured person’s application, or the payment of defined benefits to the injured person, until the injured person provides, in writing, any information disclosure consents that are reasonably required by the insurer to process the application or assess or otherwise manage the injured person’s entitlement to defined benefits.

The MAI guidelines may make provision in relation to the circumstances in which an injured person must give the relevant insurer for a motor accident an information disclosure consent under subsection (3).

In this section:

information disclosure consent means either of the following:

a consent, signed by or on behalf of the injured person, to the disclosure of personal health information about the injured person—

by any of the following people:

the injured person’s treating health service provider;

a member of the injured person’s treating team;

a health practitioner who conducts an assessment of the injured person’s needs for treatment and care, including a medical or other examination;

an authorised IME provider and an independent medical examiner who conducts a WPI assessment of the person;

Note WPI assessment—see s 143.

an authorised IME provider and an independent medical examiner or independent assessor who conducts an SOI assessment of the person; and

to a stated insurer; and

for processing the injured person’s application for defined benefits or assessing or otherwise managing the injured person’s entitlement to defined benefits;

a consent, signed by or on behalf of the injured person, to the disclosure of personal health information about the injured person—

by the stated insurer; and

to any of the people mentioned in paragraph (a) (i); and

for processing the injured person’s application for defined benefits or assessing or otherwise managing the injured person’s entitlement to defined benefits.