If you have received a Notice of Decision from TIO relating to your entitlements and benefits under the Motor Accidents (Compensation) (“MAC”) Act that you do not agree with, there are a number of ways that you can seek a review.
You can request to have the Decision independently reviewed as a first step. Going through an internal review can often resolve any issues quickly. However it is optional, you do not have to do this before you seek a review by the Designated Person.
The review is undertaken independently by a member of the Technical Services Team who has not been involved in the original decision or management of your claim. All available information will be considered, as well as any new information provided by you. It is important that you provide any additional information that you would like taken into account.
There are no costs to request an internal review and TIO aims to complete the review within 30 working days of your request.
To request an Internal Review please complete the internal review form and return to your MAC Claims Officer.
Designated Person Review
If you are not satisfied with the outcome of an internal review, or you do not wish to ask for an internal review, you can apply for a “Designated Person” review. This is a formal review under the Motor Accidents (Compensation) Act. A “Designated Person” is a person qualified to conduct an independent review of claims decisions.
Please make the request within 90 days of receipt of the original Notice of Decision, or if no Notice was given, from when you became aware of the decision.
The role of the Designated Person is to conduct an independent review of a decision relating to your claim for benefits. The Designated Person will not have been involved in the original decision or the management of your claim.
Within 30 days of receipt of your request, the Designated Person will review the Decision and all relevant information and either change, overturn or uphold the original decision. The Designated Person may ask you to provide additional information to assist them in the review process. In this case the 30 working day time period can be extended to allow for this.
To request a Designated Person Review complete the Designated Person Review form and return it to your MAC Claims Officer.
If you are unsatisfied with the outcome from the Designated Person review you may lodge an appeal to the Motor Accidents (Compensation) Appeal Tribunal under section 28E of the Motor Accidents (Compensation) Act.
You must lodge an appeal with the Tribunal within 28 days from when you receive the Designated Person’s decision. If you do not appeal within this timeframe you may not be able have the decision reviewed by the Motor Accidents (Compensation) Appeal Tribunal.
There may be legal costs associated with Tribunal Appeal and you should consider seeking legal advice on both the process and the possible costs.
The NT Law Society will be able to provide you with the names of legal practitioners who are qualified to provide legal advice on your Motor Accidents (Compensation) claim. They can be contacted on 08 8982 5104.