Record the time to give notice of a New South Wales statutory-benefits claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Build a date table for a statutory-benefits claim: the accident date, the three-month date, the 28-day weekly-payment date, and whether a police officer attended. Leave any late-claim explanation to the lawyer. Do not decide that a notice is out of time.
- What the lawyer must review
- Keep the three-month notice in section 6.13(1) separate from the 28-day weekly-payment rule
- A late claim needs a full and satisfactory explanation and must meet section 6.13(3)
- Report the accident to police within 28 days unless an officer attended
- Check whether the regulations have changed the three-month period. Do not decide a late notice is barred
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A claim for statutory benefits under the Motor Accident Injuries Act 2017
Produce. A date table for the statutory-benefits notice. Not a decision that the claim is late.
Have ready. The date of the accident; Whether a police officer attended, and any event number; The lawyer's instruction on whether the vehicle is unidentified or uninsured.
Example of the limit. Illustrative example: An officer attended on the day, and the notice is dated 40 days later. The table marks the 28-day weekly-payment rule as engaged and the three-month period as still open. It does not say weekly payments are refused.
Stop and hand it back when
- The accident date is uncertain.
- The Nominal Defendant date would be added although the lawyer has not said the vehicle is unidentified or uninsured.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Build a date table for a statutory-benefits claim: the accident date, the three-month date, the 28-day weekly-payment date, and whether a police officer attended. Leave any late-claim explanation to the lawyer. Do not decide that a notice is out of time. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 6.13(1): the claim must be made within 3 months after the accident. The regulations may change that period. The regulations were not opened.
- Section 6.13(2): if the claim is not made within 28 days, weekly payments are not payable for any period before the claim is made, unless the regulations permit.
- Section 6.13(3): a later claim needs a full and satisfactory explanation, and either it is made within 3 years or it concerns death or permanent impairment greater than 10%.
- Section 6.13(4): a Division 3.4 claim, where compensation under Part 3 Division 3 of the Workers Compensation Act 1987 has been payable, may be made within 3 months after that compensation ceases.
- Guidelines clause 4.11: report the accident to the NSW Police Force within 28 days unless an officer attended, and give the event number if available. Add the clause 4.16 Nominal Defendant date only if the lawyer says the at-fault vehicle is unidentified or uninsured.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Limitation and notice diary procedure | Policy | AI use Yellow | Firm procedure for recording limitation and pre-action notice dates on a plaintiff injury file. |
| Notice of accident claim, non-fatal injury (MAIC Form F1) | Form | AI use Yellow | Link to MAIC Form F1 V8 Oct 2022, the Notice of Accident Claim Form (Non-Fatal Injury). |
| TAC online claim lodgement: what to gather and when the claim is lodged | Form | AI use Yellow | Guide to the Transport Accident Commission's online claim form: the 12-month lodgement period, the documents the form asks for, and the rule that a saved draft is kept for 10 days. |
| Request that the Transport Accident Commission accept a late Part 3 claim | Letter | AI use Yellow | Letter asking the Transport Accident Commission to accept a Part 3 claim made after one year and before three years, setting out the grounds for the delay. |
| Queensland Notice of Accident Claim: time, service and a reply to noncompliance | Checklist | AI use Yellow | Checklist for a Queensland CTP Notice of Accident Claim, and a short reply when the insurer says the notice does not comply. |
| WorkSafe worker's injury claim form: completion guide | Form | AI use Yellow | Guide to the WorkSafe worker's injury claim form, in myWorkSafe or as a PDF, including the certificate of capacity, the signed medical authority and declaration, and mental-injury rules from 31 March 2024. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Motor Accident Injuries Act 2017 (NSW), in force from 10 July 2026, sections 6.12, 6.13 and 6.14 · 2026-10-23
- SIRA: Motor Accident Guidelines, Part 4, clauses 4.11 to 4.16 · 2026-10-23
Clause 4.13 can require a statutory declaration if the claimant cannot provide the information the insurer asks for. That declaration is the client's. The tool writes nothing in it.
A damages claim is a separate notice under section 6.12(4). Section 6.14(2) allows 3 years for that claim, which the regulations may change. Do not use the statutory-benefits dates for it.
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).