New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 3.37

3.37 No statutory benefits payable to injured person who commits serious driving offence

(1) Statutory benefits under this Part are not payable to an injured person after the person has been charged with or convicted of a serious driving offence that was related to the motor accident.

(2) This section does not prevent the payment of statutory benefits if the person is acquitted of the offence charged or the proceedings are discontinued (otherwise than in circumstances of a plea of guilty to another serious driving offence that contributed to the person's injury). If the person is so acquitted or the proceedings are so discontinued--

(a) statutory benefits are payable from the date the person was charged with the offence, and

(b) any limitation period on proceedings for the recovery of those benefits does not commence until the person's acquittal or the discontinuance of the proceedings.

(3) A serious driving offence with which an injured person is charged or convicted is considered to be related to a motor accident only if--

(a) the offence relates to the driving of a motor vehicle by the injured person, and

(b) the motor vehicle was involved in the motor accident that caused the person's injury.

(4) A person is considered to have been charged with a serious driving offence if proceedings for a serious driving offence are pending against the person, and the person is considered to have been charged when those proceedings were commenced.

(5) A
"serious driving offence" is--

(a) an offence that is a major offence under the Road Transport Act 2013 or an offence under section 115 or 116 (2) (a)-(e) of that Act, or

(b) any other offence prescribed by the regulations under this Act as a serious driving offence,

but does not include an offence prescribed by the regulations under this Act as excepted from this definition.

(6) This section does not entitle an insurer to recover payments of statutory benefits made before the person is charged with or convicted of the relevant serious driving offence.