---
title: "Record the time to give notice of a New South Wales statutory-benefits claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-the-time-to-give-notice-of-a-statutory-benefits-claim/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WR20261022-12-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Record the time to give notice of a New South Wales statutory-benefits claim

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-the-time-to-give-notice-of-a-statutory-benefits-claim/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 |
| Written for | New South Wales |
| Applies to | [Record the time to give notice of a statutory-benefits claim](https://ailawframework.com/practice/personal-injury-and-compensation/record-the-time-to-give-notice-of-a-statutory-benefits-claim.md) |

## Checking plan

**Verify against sources**

The table records the statutory-benefits dates. It does not decide that a late notice is barred.

- What the AI does: 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 does: Decide whether the notice is in time, whether any explanation is full and satisfactory, and whether the Nominal Defendant date applies.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. 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.
2. 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.
3. 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%.
4. 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.
5. 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.

## Notes

- 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).

## Practical guide

Jurisdiction: A claim for statutory benefits under the Motor Accident Injuries Act 2017

**Deliverable**: A date table for the statutory-benefits notice. Not a decision that the claim is late.

**Inputs**

- 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**: 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 escalate 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.

Checked 2026-10-23.

## Sources

- [Motor Accident Injuries Act 2017 (NSW), in force from 10 July 2026, sections 6.12, 6.13 and 6.14](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2017-010) (checked 2026-10-23)
- [SIRA: Motor Accident Guidelines, Part 4, clauses 4.11 to 4.16](https://www.sira.nsw.gov.au/resources-library/motor-accident-resources/publications/for-professionals/motor-accident-guidelines/part-4-of-the-motor-accident-guidelines-claims) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Limitation and notice diary procedure](https://ailawframework.com/precedents/personal-injury-and-compensation/firm-limitation-notice-diary.md) | Policy | 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)](https://ailawframework.com/precedents/personal-injury-and-compensation/form-qld-maic-noac-non-fatal.md) | Form | Yellow | Link to MAIC Form F1 V8 Oct 2022, the Notice of Accident Claim Form (Non-Fatal Injury). The claimant certificate is a statutory declaration. |
| [TAC online claim lodgement: what to gather and when the claim is lodged](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-tac-claim-lodgement.md) | Form | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/vic-tac-late-part-3-claim.md) | Letter | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/qld-maic-notice-and-compliance-reply.md) | Checklist | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-worksafe-injury-claim.md) | Form | 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… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*