The Law Society is becoming increasingly concerned that the NSW Government’s CTP Scheme is depriving people who are genuinely injured in motor vehicle accidents of appropriate benefits and compensation, despite the legitimacy and accepted reality of their injuries.

When the NSW Government’s proposal for a minor injury test was first put forward in 2017, the legal profession raised strong concerns. At the time we advocated that upholding fairness for people injured in motor vehicle accidents should be the primary objective for the new CTP Scheme.

However, as outlined in the Law Society’s submission to the review of the minor injury definition contained in the Motor Accident Injuries Act 2017, in the 18 months since the minor injury definition’s introduction, anecdotal evidence from our members, doctors and claimants suggests that many genuinely injured people are now being excluded from adequate compensation. 

The Law Society is also concerned that the high number of minor injury assessments — 58 per cent of the 12,444 claims as of 30 July 2019 – reflects the unreasonably low threshold for meeting that definition.

We also understand that the overall claims numbers to date are well below the projected claims figures and we query whether this could be leading to excessive insurer profits. Our view, supported by the work of the Law Society’s Injury Compensation Committee, is that if there is to be any adjustment of the CTP Scheme, based on the meaningful review of claims data compared to projected outcomes, it should be to increase access to benefits for injured people, rather than simply reduce the price of Green Slips in NSW.

On another issue, the Federal Government has announced a Joint Select Committee Inquiry into Australia’s Family Law System. The terms of reference will include investigating the “evidential and legal standards and onuses of proof, in relation to the granting of domestic violence orders” and “the appropriateness of Family Court powers to ensure parties in family law proceedings provide truthful and complete evidence”. The Law Society will continue to make submissions regarding options to improve the operation of the family law system, as appropriate.

Finally, congratulations to the team at the Law Society’s membership magazine, LSJ, which has won the “Association or Member Organisation Publication of the Year” at the 2019 Mumbrella Publish Awards for the third year running.

Elizabeth Espinosa, Law Society President

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