Record the time to seek an NSW motor accident internal review
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the date the lawyer says the claimant received the insurer's decision, count 28 days for a request for internal review and list what the Guidelines say the request must include. Do not write the request. Do not use this count for a workers compensation dispute.
- What the lawyer must review
- The 28 days run from receipt of notice of the decision, not from the date printed on it
- A late request may still be accepted. The insurer must give written reasons if it declines
- The insurer then has 14 days under section 7.9(4), unless the Guidelines allow longer
- This count is not the path for a workers compensation dispute
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. NSW motor accident internal review under the Motor Accident Guidelines and section 7.9
Produce. The last day to request an internal review, and a contents list for the request. Not the request itself.
Have ready. The date the lawyer says the decision was received; The decision being reviewed; The alternative outcome the lawyer is considering.
Example of the limit. Illustrative example: The lawyer says the decision was received on 1 October. The table counts 28 days and lists the decision, the alternative outcome and the issues as the contents. It does not write the letter.
Stop and hand it back when
- The dispute is a workers compensation dispute.
- The date of receipt is not known.
- The decision is not one section 7.9 allows to be reviewed.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the date the lawyer says the claimant received the insurer's decision, count 28 days for a request for internal review and list what the Guidelines say the request must include. Do not write the request. Do not use this count for a workers compensation dispute. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Guideline 7.4: the claimant may request an internal review within 28 days of receiving notice of the decision. Guideline 7.5: a later request may be declined or accepted, and a decline must be in writing and must say the claimant may go to the Personal Injury Commission.
- Guideline 7.6: the request may be made by the approved form, the online process, a letter or telephone. Guideline 7.7: the request identifies the decision, the alternative decision sought, the issues, and the reasons the decision should be changed, and may include further documents.
- Section 7.9(4) says the insurer notifies the result within 14 days after receiving the request, unless the Guidelines allow longer. Guideline 7.25 allows 21 days for the degree of permanent impairment, a threshold injury, fault, mostly at fault, a serious driving offence, or contributory negligence, and 14 days after new information is provided. Guideline 7.26 sets a maximum of 28 days after the request.
- Part 7 of the Guidelines applies to motor accidents on and after 1 December 2017. Do not use it for a workers compensation dispute.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Covering letter for NIISQ internal review of eligibility or treatment, care and support | Letter | AI use Yellow | Covering letter for the NIISQ internal review form, with eligibility and treatment, care and support kept apart. |
| Lifetime Care eligibility dispute, and request to review an assessment panel decision | Letter | AI use Yellow | Letter disputing a Lifetime Care eligibility decision, with a separate written request to review an assessment panel decision on the four grounds the icare page lists. |
| Review form (SIRA): ask the insurer to review a work capacity or liability decision | Form | AI use Yellow | Link to SIRA's review form. |
| Request to a scheme insurer for written reasons and the documents relied on | Letter | AI use Yellow | A letter asking a statutory insurer for the reasons for a decision and the documents relied on, using the request that exists for that scheme, with a cover for the Transport Accident Commission informal review form. |
| Response to an insurer's denial of liability | Letter | AI use Yellow | A letter identifying an insurer's denial, stating the facts the client disputes, asking for reconsideration, and listing documents still missing. |
| Request for a review of a New South Wales motor accident or workers compensation decision | Letter | AI use Yellow | A New South Wales letter asking a motor accident insurer for an internal review, or a workers compensation insurer for a review under section 287A. |
| Covering letter for an application to review a Queensland workers' compensation decision | Letter | AI use Yellow | A covering letter for the approved application to the Workers' Compensation Regulator, with draft grounds, the documents to be considered, and a request for reasons where the notice gave none. |
| Covering letter for a Workplace Injury Commission conciliation application | Letter | AI use Yellow | Covering letter sent with a Workplace Injury Commission Application for Conciliation. |
| Application for claim review (Workers' Compensation Regulator Form 542.3) | Form | AI use Yellow | Link to Form 542.3, version 6, the approved application for review under section 542, on which the applicant states the grounds and signs. |
| Workplace Injury Commission application for conciliation: completion guide | Form | AI use Yellow | Guide to the Workplace Injury Commission application for conciliation, including the 60-day period, the documents to attach, and the signature and authorisation in section 5. |
| VCAT review of a TAC decision: application completion guide | Form | AI use Red | Guide to asking VCAT to review a TAC decision, using the TAC page's 12-month period and VCAT's Application for Review of a Decision in the Review and Regulation List. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- SIRA: Part 7 of the Motor Accident Guidelines: Dispute resolution · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW) section 7.9 · 2026-10-23
- SIRA: Internal review guidance note · 2026-10-23
An internal review does not stay the decision. Section 7.9(7) says so.
If the dispute is lodged in the Commission, Procedural Direction PIC13 applies to the use of generative AI in that proceeding.