New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 7.12

7.12 Application for merit review

(1) A claimant may apply to the President in accordance with the Commission rules for a review of a reviewable decision under this Division (a
"merit review" ).

(2) The President is to arrange for the merit review application to be dealt with by a merit reviewer.

(3) As soon as practicable after making a merit review application, the claimant is to give notice of the application in writing to the insurer whose reviewable decision is the subject of the application.

(4) The Motor Accident Guidelines may make provision for requiring the insurer to provide to the claimant and the merit reviewer a statement of reasons (together with any supporting documentation) for a reviewable decision that is the subject of a merit review application.

(5) The claimant and the insurer must provide to the merit reviewer such information as the reviewer may reasonably require for the purposes of the merit review.

(6) It is a condition of an insurer's licence under this Act that the insurer must comply with subsection (5).

(7) The merit reviewer may decline to review the reviewable decision if the claimant or the insurer has failed to provide any such information required by the reviewer.

(8) A merit review application does not operate to stay the decision that is the subject of the application or otherwise prevent the taking of action based on the decision.

(9) The Motor Accident Guidelines may make provision for limiting the time within which a merit review application may be made after the reviewable decision is made or reviewed by an insurer.