ACT Consultation on interaction between the Motor Accident Injuries Act 2019 and the Workers Compensation Act 1951

The Insurance Branch of the Chief Minister, Treasury and Economic Development Directorate (CMTEDD) has policy responsibility for the Motor Accident Injuries Act 2019, which is the legislation for the Motor Accident Injuries (MAI) Scheme (the ACT scheme that replaced the Compulsory Third-party Insurance Scheme in 2020). The Scheme provides defined benefits on a no fault basis to persons injured as a result of ACT motor accidents. Common law damages remain available under the MAI Scheme to those with more serious injuries and who were not at fault in an accident.

We are undertaking a consultation on a possible amendment to the MAI Act to address an identified ambiguity in a section that facilitates the management of journey claims and we have obtained your contact details from CMTEDD’s Workplace Safety and Industrial Relations Group to facilitate ACT unions consultation. Workers injured in a motor accident can choose whether they receive benefits under the MAI Scheme or the workers compensation scheme. The section in question relates to how the MAI Scheme interacts with the workers compensation scheme where an injured worker has their application first dealt with by the workers compensation insurer.

Here is the information sheet provides you with background on the issue and what is potentially changing. We would welcome your feedback on the proposal. Choice of scheme will remain available to any injured worker who suffers injury as a result of a motor accident.

Please provide any feedback or concerns to [E-Mail not displayed] by Friday 17th March 2023 with Subject Line:  ACT Consultation on interaction between the Motor Accident Injuries Act 2019 and the Workers Compensation Act 1951.

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