Living Well Enhancing Resilience following injury

Transcription

1 Living Well Enhancing Resilience following injury Rehabilitation Psychology Interest Group (RPIG) of the APS, the John Walsh Centre for Rehabilitation Research (JWCRR), Sydney Medical School-Northern, Sydney University and Australian SCI Psychology Special Interest Group. Trina Moyes Manager Psychological and TBI Strategy, SIRA State Insurance Regulatory Authority 12 th September 2018 sira.nsw.gov.au

2 CTP scheme reform Journey through time Motor Vehicles (Third Party Insurance) Act 1942 And various amendment acts. Common law scheme fault based. Before 1984 Motor Accidents Act 1988 Fault based scheme introduced. Re-opened the market to private insurers. Radical departure from previous common law scheme. Statutory benefits for non-economic loss and medical expenses. Caps on weekly economic loss. Green Slip prices reduced Motor Accidents (Lifetime Care and Support) Act 2006 Lifetime Care and Support scheme was introduced. It came into effect on 1 October 2006 (for children under 16) and 1 October 2007 (for adults) In late 2015, the Government began consultation on scheme reform Motor Accident Injuries Act 2017 Passed by Parliament in March Scheme started 1 December New CTP scheme: Green Slip prices reduced more support for seriously injured road users statutory benefits for income and medical expenses for up to six months set benefits for soft tissue and minor psychological injuries stronger powers to investigate and prosecute fraud limited legal costs and insurer profits. Motor Vehicles (Third Party Insurance) Amendment Act 1984 First legislative attempt to directly limit claims costs, including limits on damages. Changes did not control rising cost of policies. Motor Accidents Compensation Act 1999 Modified common law. Whole Person Impairment was introduced. Introduced the Lifetime Care and Support scheme. Proposed no-fault scheme did not have broad support and was withdrawn. Four options were released for public comment. A hybrid-defined benefit/common law system was the model most preferred by stakeholders and the community.

3 Personal injury benefits data/assets/pdf_file/0008/344258/claims-diagram.pdf

4 Vocational support Leveraging the best of other Schemes Programs to support the recovery & return to work objectives that operate in addition to statutory benefits. Includes incentives for employers and job seeking support if an injured person needs to find new employment following an injury. The meaning of treatment & care in Section 1.4 of the Act includes: education & vocational training home & transport modification workplace & educational facility modifications.

5 Research support SIRA supports and funds research to: Reduce accidents Reduce the severity of injuries from accidents Reduce stress to injured people (personal and financial) Reduce the cost to the community (without compromising care) by lowering administration costs and reducing legal costs. Improve the quality (and reduce the cost) of longterm rehabilitation

6 Examples of current research Motor accidents projects Factors Influencing Social & Health Outcomes After Land Transport Injury (FISH). Guideline based Clinical Pathway of Care to Improve Outcomes after Whiplash Injury. Preventing Psychological Injury Following Motor Vehicle Crash Intervention Study. Mild Traumatic Brain Injury Surveillance Study in Emergency Departments. New CTP Scheme Study - Reform Evaluation Project (Effects of Legislative Change).

7 This presentation may contain information that relates to the regulation of workers compensation insurance, motor accident third party (CTP) insurance and home building compensation in NSW. It may include details of some of your obligations under the various schemes that the State Insurance Regulatory Authority (SIRA) administers. However to ensure you comply with your legal obligations you must refer to the appropriate legislation as currently in force. Up to date legislation can be found at the NSW Legislation website legislation.nsw.gov.au. This presentation does not represent a comprehensive statement of the law as it applies to particular problems or to individuals, or as a substitute for legal advice. You should seek independent legal advice if you need assistance on the application of the law to your situation. This material may be displayed, printed and reproduced without amendment for personal, in-house or non-commercial use.