Australian Capital Territory Numbered Acts

MOTOR ACCIDENT INJURIES AMENDMENT ACT 2023 (NO. 30 OF 2023) - SECT 71

substitute

"successful claim for workers compensation benefits", by an injured person in relation to an injury, means a claim by the person for workers compensation benefits that—

        (a)     has been made at least 26 weeks before the date—

              (i)     the person gives a notice of claim to the insurer for the motor accident claim; or

              (ii)     a WPI assessment is carried out on the person; and

        (b)     has been—

              (i)     accepted by the insurer for the claim; or

              (ii)     otherwise settled with the insurer for the claim in accordance with the workers compensation scheme, including on a without prejudice basis; and

Example—subpar (ii)

a licensed insurer under the Workers Compensation Act 1951

settles a claim with the claimant by agreement to make a payment to the claimant without accepting liability for the claimant's injury (see that Act

, s 133)

        (c)     has not been withdrawn by the injured person.