Request NSW treatment in the first 28 days before a claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Draft a short request that lists the treatment the lawyer has marked, the provider, any quoted cost, and the date it is needed. Say that approval before a claim is discretionary and only within 28 days of the accident. Do not say the funding is approved.
- What the lawyer must review
- Settle the request and decide which treatment to ask for.
- Before a claim, treat approval as discretionary, and only within 28 days of the accident.
- Do not promise the client that funding will be paid.
- Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Motor Accident Guidelines clauses 4.78 and 4.79, and section 3.24, for an accident on or after 1 December 2017
Produce. A short treatment request. It does not say the funding is approved.
Have ready. Date of the accident; Date notification was given; Treatment, provider and quote the lawyer marks.
Example of the limit. Illustrative example: Notification was given, no claim is on the file, and the accident was 10 days ago. The lawyer marks physiotherapy. The tool drafts a request for that treatment and does not say it is approved.
Stop and hand it back when
- More than 28 days have passed since the accident, no claim has been made, and the tool is asked to say pre-claim approval is still available.
- The tool is asked to say the funding is approved or to argue liability.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Draft a short request that lists the treatment the lawyer has marked, the provider, any quoted cost, and the date it is needed. Say that approval before a claim is discretionary and only within 28 days of the accident. Do not say the funding is approved. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Clause 4.78: the insurer may approve treatment before a claim is made, after notification of the injury. The same may apply where the claim notice is incomplete and the insurer is waiting for documents.
- Clause 4.79: treatment approved before a claim is at the insurer's discretion and only within the first 28 days after the accident. If treatment is required after 28 days, a claim for statutory benefits must be made.
- Section 3.24 entitles the injured person to the reasonable cost of treatment and care, and to the reasonable and necessary travel and accommodation the section describes. No statutory benefits are payable to the extent the treatment was not reasonable and necessary, or did not relate to the injury from the accident.
- The request lists only the treatment the lawyer has marked. It does not argue liability and it does not say the funding is approved. Part 7 and Schedule 2, which the section names for disputes, were not opened.
Sources
- SIRA Motor Accident Guidelines Part 4 · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW) section 3.24 · 2026-10-23
No opened provision says that asking for treatment admits liability. The request does not contain an argument about liability. The guidelines may set when a cost is taken to be reasonable. Those circumstances were not copied from an unopened part.