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PROTECT THE RIGHTS OF INNOCENT ACCIDENT VICTIMS

The Injured Persons Association (IPA)

Formed in 1987 when the New South Wales motor vehicle Compulsory Third-Party (Greenslip) Insurance Scheme was last under attack. At that time the right of innocent accident victims to claim damages was abolished.

Our Association campaigned for more than 18 months and eventually the law was changed and the right to claim damages was restored.

SAVE OUR CTP CAMPAIGN 2016

The NSW Government have returned their attention to our CTP Greenslip insurance scheme. This time round the proposal will introduce a workers compensation style drip-feed system of payments for income loss and medical treatment to anyone injured on the roads. Those with moderately serious injuries will lose out – their rights will be eroded to make way for 7,000 at-fault drivers. And that's not all, the Government is desperate to reduce premiums for car owners but can't guarantee that insurers won't continue to profit heavily from the scheme while innocent victims lose out.

Join us in the fight to protect your CTP rights.

NSW government hits pause on controversial green slip reforms, read more.
Read the latest media release from The Australian Lawyers Alliance here.

OUR PAST INVOLVEMENTS AND ACHIEVEMENTS

We spearheaded the campaign against the Motor Accidents Amendment Bill in 2013

Members of the IPA along with other organisations and the media, successfully opposed and campaigned against the Motor Accidents Amendment Bill 2013, resulting in the bill being withdrawn.

 

We continue to fight against changes to the Workers Compensation legislation

The 2012 changes to the NSW Workers Compensation scheme continue to affect thousands of injured workers. We continue to petition the Government for the protection of injured worker's rights.

If you have been adversely affected in a way which seems unjust, please click on the button below.

Mailing List Thankyou (hidden)

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Injured Persons Association

THANKYOU


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Act Now

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MOTOR ACCIDENTS – Amendment Bill 2013

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Injured Persons Association

RESOURCE LIBRARY Motor Accidents - Amendment Bill 2013

 

Daily Telegraph full page ad

25-Jun-2013

On Tuesday 25th June 2013, the Injured Persons Association placed this advertisement in the Daily Telegraph.   THE DAILY TELEGRAPH

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The Motor Accident Injuries Amendment Bill 2013

20-Jun-2013

View the bill and read about the proposed radical restructuring of the Motor Accident Scheme.

READ MORE

Government acts to address CTP concerns – Media Release

19-Jun-2013

Acting Minister for Finance and Services Andrew Constance has today announced that during the winter recess of Parliament, the NSW Government will hold a CTP roundtable with relevant stakeholders and community representatives to consult further on the Motor Accident Injuries Amendment Bill 2013.

READ MORE

Transcript: Ray Hadley interview with Andrew Stone, Barrister

18-Jun-2013

Andrew Stone, NSW Bar Association discusses the NSW government's Green Slip changes currently before the state upper house with Ray Hadley.

READ MORE

The Telegraph – Inside run on green slip law

18-Jun-2013

A former NRMA director says he met embattled finance minister Greg Pearce's deputy chief of staff Natalie Ward about green slip policy, and was subsequently dismayed to learn her husband, Liberal powerbroker Michael Photios' business partner David Begg, was lobbying for the insurance companies.

READ MORE

The Telegraph – Green slip change link to Finance Minister

17-Jun-2013

EMBATTLED Finance Minister Greg Pearce introduced green slip reforms, expected to make insurance companies tens of millions of dollars, after meetings with the industry set up by controversial Liberal lobbyist Michael Photios' firm, a trail of emails reveals.

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Voice contestant fights for injured people – Press Release

10-Jun-2013

But now for 90 per cent of accident victims that payment will be far less and will stop entirely after just five years, forcing them to sell their homes or get assistance through Centrelink...

READ MORE

A layman’s guide to Proposed Changes to Green Slip Law

04-Jun-2013

Effect on 90% of Accident Victims Injured by a Driver at Fault (Not Over 10% Whole Person Impairment).   Before Proposed 2013 Changes:

  • Entitled to recover all actual losses over lifetime including full loss of earnings, superannuation contributions by employer, medical expenses, costs of care including the value of care provided without charge by family or friends plus legal costs

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The five furphies

02-Apr-2013

2013 proposed changes to NSW compulsory third-party scheme

READ MORE

WORKERS COMPENSATION

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Injured Persons Association

RESOURCE LIBRARY Workers Compensation

 

This page is being updated

18-Oct-2013

Parts of the national disability insurance scheme have been priced too low and will have to be significantly increased when the scheme is rolled out across the country. The federal government has budgeted about $35m over the 2013-14 financial year to roll out the insurance scheme in specific launch sites in New South Wales, Tasmania, South Australia and Victoria.

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NATIONAL INJURY INSURANCE SCHEME

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Injured Persons Association

RESOURCE LIBRARY National Injury Insurance Scheme

 

National Disability Insurance Scheme (Becoming a Participant) Rules ...

05-Sep-2013

Age requirements The scheme applies to persons aged from birth up to 65 (except in South Australia and Tasmania). Residence requirements The scheme will ultimately apply to all Australian citizens (plus certain categories of visa holders) who continue to reside in Australia but initially it is limited to those in the launch areas (in New South Wales the Hunter region).

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National Disability Insurance Scheme Act 2013

05-Sep-2013

This Act of the Australian Government establishes the National Disability Insurance Scheme.

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NIIS Advisory Group Communiqué April 2013

30-Apr-2013

The National Injury Insurance Scheme (NIIS) Advisory Group met today to discuss the path forward to develop a comprehensive scheme for catastrophic injuries. All four injury classes were discussed, being motor vehicle accidents, medical accidents, workplace accidents, and general accidents occurring in the home or community.

READ MORE

Intergovernmental Agreement For the National Disability Insurance ...

08-Dec-2012

112.    All States endeavour to agree minimum benchmarks to provide no-fault lifetime care and support for people who are catastrophically injured in motor vehicle accidents prior to the commencement of the NDIS launch.

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Bilateral Agreement for NDIS Launch between Commonwealth and New ...

07-Dec-2012

5.  The first stage of the NDIS will operate in the three local government areas of Newcastle, Lake Macquarie and Maitland in NSW (the Hunter launch area) for all eligible residents. 6.  Approximately 10,000 people are expected to benefit from the launch of the NDIS in the Hunter launch area, as set out in...

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NIIS Advisory Group Communiqué November 2012

30-Nov-2012

The National Injury Insurance Scheme (NIIS) Advisory Group (under the chair of John Walsh) met in Sydney today to discuss and further consider NIIS design and implementation. The Advisory Group was established by the Minister for Financial Services and Superannuation the Hon. Bill Shorten to advise on issues associated with the establishment of a NIIS.

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National Injury Insurance Scheme – Summary of recommendations

31-Jul-2011

Disability Care and Support    -    Report of the Productivity Commission Summary of recommendations: Chapter 18 A national injury insurance scheme (NIIS)

READ MORE

About

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Injured Persons Association

ABOUT THE INJURED PERSONS ASSOCIATION


Who are we, where we came from and what we fight for

 

The Injured Persons Association was formed in 1987 when the NSW Motor Vehicle Compulsory Third-Party Insurance Scheme (the Green Slip Scheme then called 'Transcover') was last under attack. The right of innocent accident victims to claim damages was abolished. At the same time the workers compensation laws were changed and workers right to claim common law damages was removed. This Association campaigned for more than 18 months and eventually the laws were changed and the right to claim damages by both motor accident victims and workers was restored.

 

In 2013 the rights of motor accident victims were again under attack. Without any consultation with accident victims – but apparently from press reports following lobbying by a consultation with insurers a government "Discussion Paper" was published proposing that effectively 90% of motor accident victims in NSW would lose their right to claim damages. Instead it was proposed that accident victims and those who caused the accident would have equal rights under a statutory claim of benefits – rights dramatically less able than the right to claim damages. Notably the 90% of accident victims any entitlement to loss of earnings, medical expenses and care was proposed to be cut off after a period of 3 to 5 years.

 

All objections to these proposals were swept aside and the "Discussion Paper" became the Motor Accident Injuries Amendment Bill 2013.

 

This attack on the rights of innocent motor accident victims followed a similar attack on the rights of those injured at work in 2012.

 

It was obvious that there was to be a pattern of attacks on the rights of accident victims in NSW.

 

The Injured Persons Association was reformed in 2013 in response to these attacks. It is an association of accident victims but families and supporters of accident victims are also welcome to join. Within a month of the Association going public, almost 1000 accident victims joined up.

 

The inaugural President of the Injured Persons Association was Kieran Fraser. Kieran's wife was a motor accident victim and Kieran himself is a psychologist with extensive experience in the workers compensation area. Kieran shot to fame in 2012 when he was selected on The Voice TV Program as part of Team Seal. For those interested Kieran is on YouTube.

 

Keiran is now pursuing his career. The current spokesperson for the IPA is Andrew Christopoulos, a lawyer devoted to preserving the rights of injured people.

 

In 2016, the Association is responding to a further attack on the rights of innocent motor accident victims very similar to that which we experienced in 2013. We haven't seen the Government's Bill yet but what we know is that the changes look like, but could be more radical than, those proposed in 2013.

 

Find our constitution here.



Membership

 

Membership of the Injured Persons Association is free but it will cost money to continue to run the Association and donations from supporters are welcome and can be made via this website.

 


Act Now on Workers Comp

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Injured Persons Association

ACT NOW

The Independent Review Officer

In 2012 Kim Garling was appointed the State's first Independent Review Officer (IRO)  of the Workers Compensation Independent Review Office (WIRO). The IRO who has the responsibility of inquiring into and reporting to the Minister on matters of concern with the operation of the legislation and also deals with complaints by injured workers about insurers.

To send a message to the your local Member for Parliament about how the workers compensation legislation affects you in a way that seems unjust,  please submit your details below.


In the form below, enter your postcode, the name of your state electorate will be automatically calculated and your submission will be delivered to your member of parliament by email.  Some postcodes are represented by more than one member of parliament, so your email will go to each of them.

Your email will also be sent to Mr. Kim Garling, (WIRO).


 

You will also receive a copy for your records, as well as our team in case we are contacted by an MP that wishes to discuss your particular case and how it may affect you or someone in a similar situation.

By submitting the form, you will become an automatic member of the Injured Persons Association (IPA) and may be contacted by us in future with informative emails or a request for your support.

Resource Library

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Injured Persons Association

RESOURCE LIBRARY

MOTOR ACCIDENTS COMPENSATION

View all resources related to Save our CTP Campaign 2016.

View all resources related to Motor Accidents Amendment Bill 2013.

 

 

WORKERS COMPENSATION

This page is being updated.

 

 

NATIONAL INJURY INSURANCE SCHEME

View all resources related to the National Injury Insurance Scheme.

Donate

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Injured Persons Association

DONATE

Support the Injured Persons Association

The Injured Persons Association is committed to protecting the rights of accident victims

Despite the commitment of our volunteers our campaign needs funding to be an effective voice for victims.

 

Please support our campaign for injured persons in New South Wales and donate as generously as you can.

 

Thank you.


FAQs

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Injured Persons Association

FREQUENTLY ASKED QUESTIONS

About Compulsory Third-Party Insurance (CTP)

When was compulsory third-party insurance introduced and why?

The Motor Vehicle (Third-Party) Insurance Act became law in 1942. As the use of motor vehicles became common, so did accidents in which people were injured. However some motor vehicles were not insured against damages claims by accident victims. So this law was introduced to require every vehicle to be insured.

 

What is the origin of injured people being able to sue to recover damages?

In the United Kingdom, a lot of the laws were developed by the courts on the basis of what was fair and those laws became part of Australian law. This is what is known as the common law. In 1932, in the celebrated case of Donoghue v Stevenson, the English House of Lords determined that Mrs Donoghue, who suffered injury when she drank a bottle of ginger beer containing a snail, was entitled to recover damages from Mr Stevenson who manufactured the ginger beer. The court held that the manufacturer owed a duty of care to her which was breached because it was foreseeable that failure to ensure the products safety would lead to harm of consumers. This principle was quickly extended to cover motor accident victims and work accident victims. It is known as the law of negligence.

 

Has the right of injured road users to claim damages for negligence existed ever since 1942?

Yes except for a period of about 18 months in 1987/1988 when Transcover was introduced.

 

What was Transcover?

This law passed by the Unsworth government abolished the right of injured road users to claim damages for negligence. Instead they were given statutory rights to certain defined benefits. Those statutory rights included the right to a weekly payment for loss of earnings throughout the persons working life.

 

What happened to Transcover?

In 1988 the Greiner government set up the Transcover Review Committee. The Committee recommended the abolition of Transcover and the restoration of the right to claim damages. That right was modified to exclude minor claims for pain and suffering. This became known as the Motor Accidents Act.

 

What has happened since then?

The right of injured road users to claim damages the negligence has remained since that time, although it has been modified from time to time. This happened most notably in 1999 when the Motor Accidents Compensation Act became law. After that time 90% of road users lost their right to claim damages for pain and suffering, although they still retained their right to recover all of their lost earnings, medical expenses and the cost of care. The change was made by providing that damages for pain and suffering were only payable if the injured road user was assessed as having more than 10% whole person impairment under a table of maims. Although 10% sounds low, the medical tables mean that it is in fact a high threshold and 90% of injured road users don't reach this threshold.

How is the claim for damages resolved?

The motor accident insurers, who collect the green slip premiums, are experienced, as are the lawyers who normally represent accident victims. The vast bulk of claims are settled by agreement.

 

What happens if the claim is not settled?

In the old days these disputes all went to a judge for hearing. That was a formal process. Witnesses were called to give evidence and they were cross-examined. Documents were tendered. The judge then made a decision. Very few claims are resolved that way now. Any disputed claims now go before a CARS assessor – an experienced practising lawyer appointed by the Motor Accidents Regulator. That assessor conducts an informal hearing which usually takes only two or three hours. Witnesses are not cross-examined. In fact usually the dispute is resolved by the assessor simply looking at the documents given to him or her by each side. Whilst there can be an appeal to a judge, in practice there are very few such appeals.

 

Doesn't it take a long time for claims to be resolved?

This depends on the nature of the injury. Some injuries resolve quickly and the damages claim can be resolved quickly also. Serious injuries however often take 12 to 18 months before the condition has stabilised enough for a doctor to be able to determine the long-term outcome. Sometimes it takes even longer to find out what effect this will have on the injured person's ability to return to work. Once the condition has stabilised then an appointment can be made for a MAS assessor – a doctor appointed by the motor accidents regulator (SIRA) – to determine the degree of permanent disability. Until that happens the claim can't be referred to a CARS assessor if it hasn't settled.

 

How is a claim for past loss of earnings worked out?

The accident victim recovers all of his past loss of earnings. Sometimes it's just a matter of comparing what was being earned before the accident to what was earned afterwards. Sometimes it's a bit more complicated because the accident victim might have been about to get a promotion, or may have been running a business which was expanding. The object is to put the accident victim back in the same position he or she would have been in had it not been for the negligence. If the matter has to be determined by an assessor, the assessor is able to look at all the evidence to determine what is a fair amount to replace the lost income.

 

What about a claim for future loss of earnings?

This is often a bit more complicated. An assessment has to be made as to what work the accident victim would have done during the balance of working life and what income would have been produced. That has to be then compared to what income the accident victim is now likely to earn during the balance of life, following the injury. Again it's a question of fairness – putting the accident victim back in the position he or she would have been in had it not been for the negligence.

 

What about the cost of medical expenses and care?

Again the object of the exercise is to work out the actual cost to date and the likely cost into the future so that the accident victim is not out of pocket.

Contact

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CONTACT

Please complete the following form below to contact us via email.

Contact Details

Andrew Christopoulos | Spokesperson
Injured Persons Association
NSW | Australia

[email protected]

  • * What is your Enquiry about?
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A short summary of the proposed changes to Green Slip Law (The Motor Accident Injuries Amendment Bill 2013)

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Injured Persons Association

A SHORT SUMMARY

Proposed Changes to Green Slip Law (The Motor Accident Injuries Amendment Bill 2013)

Effect on 90% of Accident Victims Injured by a Driver at Fault (Not Over 10% Whole Person Impairment)

 
Before Proposed 2013 Changes:

  • Entitled to recover all actual losses over lifetime including full loss of earnings, superannuation contributions by employer, medical expenses, costs of care including the value of care provided without charge by family or friends plus legal costs.
  • Actual loss calculated by looking at the particular circumstances of the accident victim with the aim of restoring the accident victim financially to his or her position if there had been no accident.
  • Loss paid in a single lump sum.
  • No entitlement to general damages for pain and suffering and permanent disability
  • Most cases settled and, if not settled, almost always determined by a CARS Assessor at an informal hearing normally taking about half a day.
  • Some appeals to the court which determines underlying principles for calculation of loss.

 

After Proposed 2013 Changes (Summary of Major Changes):

  • Entitled to weekly payment for loss of earnings being 95% of actual earnings for three months and then 80% of earnings.
  • Earnings based on actual earnings during preceding 12 months with few exceptions (e.g. ignores fluctuating circumstances of men and women running a business) and capped at about $2,000 per week.
  • Entitled to reimbursement of reasonable medical expenses and paid care.
  • Accident victim unable to seek care from any doctor, physiotherapist etc who charges more than the fixed fees because illegal for doctor physiotherapist etc to charge above the government rate.
  • Cannot recover value of care provided without charge by family or friends.
  • Cannot recover any other losses.
  • Payments for lost earnings, medical expenses and paid care terminates 5 years from date of accident (even for a child whose losses don't start until more than 5 years from date of accident).
  • Payments for lost earnings terminate at normal retirement age and after 1 year if accident victim already over normal retiring age.
  • Cannot recover legal costs.
  • Accident victim unable to seek legal representation beyond that allowed by regulation because illegal for lawyer to charge above the amount regulated by government (although insurer entitled to unlimited legal representation).
  • Right to benefits can be redeemed by lump sum but lump sum calculated on the basis of likely payments under statutory rules for the remainder of five years as distinct from damages based on actual lifetime loss.

 

Effect on 10 % of Accident Victims Injured by a Driver at Fault (Over 10% Whole Person Impairment)

 

Before Proposed 2013 Changes:

  • Same entitlements as above for 90% of accident victims
  • In addition entitled to recover general damages for pain and suffering and permanent disability.

 

After Proposed 2013 Changes:

  • Entitled to same weekly benefits for loss of earnings, medical expenses and paid care as above for 90% of accident victims.
  • In addition entitled to pursue a claim for lump sum damages (after giving credit for amounts already received) in the same way as before with these restrictions:
    • Any loss of earnings above $2000 per week is ignored
    • Cannot recover value of care provided without charge by family or friends.
    • Cannot recover for any losses other than loss of earnings and paid medical expenses and care.
    • Accident victim unable to seek legal representation beyond that allowed by regulation because illegal for lawyer to charge above the amount regulated by government (although insurer entitled to unlimited legal representation). This is a dramatic change because the accident victims traditional right to contract out of the minimal scale costs has been removed. Effectively accident victims with serious injuries will be largely unrepresented and substantially at the mercy of the insurer.

 

 

 

 

Still want to know more?

 

Why not read the full explanation of the proposed changes to Green Slip law and how it will affect you.

 

 

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National Disability Insurance Scheme Act 2013

05-Sep-2013

This Act of the Australian Government establishes the National Disability Insurance Scheme.

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The Motor Accident Injuries Amendment Bill 2013

20-Jun-2013

View the bill and read about the proposed radical restructuring of the Motor Accident Scheme.

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This page is being updated

18-Oct-2013

Parts of the national disability insurance scheme have been priced too low and will have to be significantly increased when the scheme is rolled out across the country. The federal government has budgeted about $35m over the 2013-14 financial year to roll out the insurance scheme in specific launch sites in New South Wales, Tasmania, South Australia and Victoria.

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National Disability Insurance Scheme (Becoming a Participant) Rules ...

05-Sep-2013

Age requirements The scheme applies to persons aged from birth up to 65 (except in South Australia and Tasmania). Residence requirements The scheme will ultimately apply to all Australian citizens (plus certain categories of visa holders) who continue to reside in Australia but initially it is limited to those in the launch areas (in New South Wales the Hunter region).

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Daily Telegraph full page ad

25-Jun-2013

On Tuesday 25th June 2013, the Injured Persons Association placed this advertisement in the Daily Telegraph.   THE DAILY TELEGRAPH

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Government acts to address CTP concerns – Media Release

19-Jun-2013

Acting Minister for Finance and Services Andrew Constance has today announced that during the winter recess of Parliament, the NSW Government will hold a CTP roundtable with relevant stakeholders and community representatives to consult further on the Motor Accident Injuries Amendment Bill 2013.

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Transcript: Ray Hadley interview with Andrew Stone, Barrister

18-Jun-2013

Andrew Stone, NSW Bar Association discusses the NSW government's Green Slip changes currently before the state upper house with Ray Hadley.

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The Telegraph – Inside run on green slip law

18-Jun-2013

A former NRMA director says he met embattled finance minister Greg Pearce's deputy chief of staff Natalie Ward about green slip policy, and was subsequently dismayed to learn her husband, Liberal powerbroker Michael Photios' business partner David Begg, was lobbying for the insurance companies.

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The Telegraph – Green slip change link to Finance Minister

17-Jun-2013

EMBATTLED Finance Minister Greg Pearce introduced green slip reforms, expected to make insurance companies tens of millions of dollars, after meetings with the industry set up by controversial Liberal lobbyist Michael Photios' firm, a trail of emails reveals.

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Voice contestant fights for injured people – Press Release

10-Jun-2013

But now for 90 per cent of accident victims that payment will be far less and will stop entirely after just five years, forcing them to sell their homes or get assistance through Centrelink...

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