List the New South Wales insurers before any notice is sent
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the intake facts the lawyer has marked, list the likely respondent and the body that may pay, using only the sections named in the file. Do not send a notice. Do not name a person the facts do not support.
- What the lawyer must review
- Decide who is named as respondent and who is asked to pay
- The statutory-benefits insurer must not refuse merely because compensation may be payable
- This list does not give notice to either insurer
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales
Produce. A list of the likely respondent and paying body, with no notice attached.
Have ready. The intake facts the lawyer has marked; Any insurer already named in a document on the file.
Example of the limit. Illustrative example: The file has a statutory-benefits claim number and no workers compensation claim. The list names both insurers as questions. It does not write to either of them.
Stop and hand it back when
- The list would be sent as a notice.
- The facts do not support the body that would be named.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the intake facts the lawyer has marked, list the likely respondent and the body that may pay, using only the sections named in the file. Do not send a notice. Do not name a person the facts do not support. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Where the facts may be a journey, the paying body may be the workers compensation insurer if section 10 applies. The list records that as a question. It does not decide the connection with the employment.
- Where the facts may also be a motor accident, list the statutory-benefits insurer as well. Section 3.35(1) removes the entitlement to statutory benefits if workers compensation is payable, or would be if not commuted.
- Section 3.35(2) says the relevant insurer is not entitled to refuse payment of statutory benefits on the ground that workers compensation is payable unless the injured person has made a successful claim for workers compensation, or has failed to comply with a request by that insurer under the section to make one. The list records the limit. It does not say the insurer has refused.
- Section 3.35(7) is a duty of the person who makes both claims, to inform both insurers unless they would already know. The list does not perform that step.
Sources
- Motor Accident Injuries Act 2017 (NSW), in force from 10 June 2026, section 3.35 · 2026-10-23
- Workers Compensation Act 1987 (NSW), in force from 1 October 2026, section 10 · 2026-10-23
Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).