Motor Accident Injuries Act 2019

For this part, a person injured in a motor accident is capable of being in paid work if, on the date of the motor accident—

the person—

is not in paid work; but

had been in paid work for at least 260 hours in the 52 weeks immediately before the date of the motor accident; or

Note The injured person’s pre-injury weekly income is worked out under s 83.

the person is receiving a weekly payment or other payment in relation to loss of income under this Act or the Workers Compensation Act 1951 (or a corresponding law of a State or another Territory); or

Note The person’s pre-injury weekly income is worked out under s 84.

the person—

was on unpaid leave from paid work immediately before the date of the motor accident; and

anticipated returning to paid work on a date after the motor accident; or

Note The person’s pre-injury earning capacity is worked out under s 85.

the person has entered into an arrangement with an employer or other person to undertake employment or to start business as a self-employed person on the date of the motor accident or a stated date after the date of the motor accident; or

Note The person’s pre-injury earning capacity is worked out under s 86.

the person—

is at least 15 years old; and

is enrolled in a course of studies as a full-time student; and

expects to be in paid work after completing—

the course; or

if the person was in secondary school—the final year of secondary school.

Note The person’s pre-injury earning capacity is worked out under s 87.

The MAI guidelines may make provision in relation to the matters to be taken into account for determining whether an injured person is capable, or not capable, of being in paid work.