Personal Injury (AU State Schemes) glossary
Personal injury in Australia is a patchwork of state-based statutory schemes, each with their own thresholds, definitions, and procedure. This glossary focuses on the language of those schemes — motor accident, public liability, and the interaction with common law damages under each state's Civil Liability Act.
This is a scheme-focused glossary of 40 terms plaintiff and defendant practitioners meet across Australian motor, public liability, and statutory injury schemes. Each definition cites the controlling legislation or authority.
Definitions
AMA Guides
The American Medical Association Guides to the Evaluation of Permanent Impairment, used by Australian schemes to assess impairment — usually a specified edition.
Blameless accident
A NSW CTP concept allowing recovery where a motor accident was not the fault of any driver, extending no-fault benefits.
Claim farming
The prohibited practice of solicitation of personal injury claimants, the subject of state prohibition legislation.
Claim notification form
The prescribed form used to notify a personal injury claim under a statutory scheme, triggering insurer timeframes.
Compulsory conference
A pre-proceedings conference required by PIPA in Queensland and similar regimes, used to attempt settlement before court.
Contributory negligence
The plaintiff's failure to take reasonable care for their own safety — reducing damages. Minimum reductions apply in some schemes.
CTP (Compulsory Third Party)
The statutory motor accident insurance scheme in each state, funded through vehicle registration, providing defined benefits and regulated common law claims.
Damages cap
A statutory limit on heads of damages — typically on general damages and loss of earning capacity — under state schemes.
Damages for gratuitous services
Damages for unpaid domestic help or care provided by family and friends. Subject to statutory thresholds (Griffiths v Kerkemeyer).
Dust Diseases Tribunal
A NSW specialist tribunal for dust diseases claims (asbestos, silica), with its own procedure rules.
Economic loss
Damages for past and future loss of earning capacity productively used, calculated on a net basis and capped in most schemes.
Fatal accident claim
A claim by dependents or the estate of a person killed by negligence, under Compensation to Relatives Acts and Law Reform Acts.
Fund (Motor)
The Motor Accidents Fund or equivalent insurer of last resort for uninsured or unidentified vehicles.
General damages
Non-economic loss damages for pain, suffering, and loss of amenities. Calculated by reference to a most extreme case scale or statutory threshold.
Griffiths v Kerkemeyer
The High Court authority for awarding damages for the value of gratuitous domestic services, modified by statutory thresholds.
Impairment assessment
A medical assessment of whole person impairment under scheme guidelines — usually by an accredited assessor.
Internal review
A mandatory first-stage review of insurer decisions in schemes like NSW motor accident — undertaken within the insurer.
Liability notice
The insurer's formal notice accepting or denying liability under a scheme, triggering procedural consequences.
Loss of earning capacity
The reduction in the injured person's earning capacity, productively applied, as a consequence of injury.
Mandatory final offer
The offer each party is required to make under PIPA or similar — informing costs consequences if not beaten at trial.
MAS / PIC
The Personal Injury Commission (NSW) and its Medical Assessment Service — determining disputes and impairment under the motor and workers schemes.
Minor injury (NSW MAIA)
A defined category under the NSW motor scheme excluding soft-tissue and minor psychological injuries from common law damages.
No-fault benefits
Scheme benefits payable regardless of fault — typically medical, weekly income, and domestic assistance for a defined period.
Past economic loss
Loss of income between injury and trial. Proven by tax returns, payslips, and vocational evidence.
PIPA
The Queensland Personal Injuries Proceedings Act 2002 — the pre-court procedural regime for non-motor, non-work personal injury claims.
Pre-existing condition
A medical condition existing before the subject accident, relevant to causation and quantum.
Preferred rehabilitation provider
A scheme-approved provider of return-to-work and rehabilitation services funded by the insurer.
Public liability claim
A negligence claim arising from injury on public or private premises, typically governed by the Civil Liability Act of that state.
Section 151Z
The NSW Workers Compensation Act provision governing recovery against third parties where workers compensation has been paid.
Settlement by consent
A scheme-approved settlement of a statutory claim, often requiring insurer and sometimes regulator consent.
Statutory benefits
Defined, no-fault benefits payable under a state scheme for medical, income, and care expenses.
TAC (Transport Accident Commission)
The Victorian statutory body delivering the no-fault transport accident scheme.
Threshold (serious injury)
The VIC statutory threshold that must be crossed to access common law damages — typically 30% WPI or a narrative test.
Uninsured driver
A driver without CTP cover. Claims can be pursued against the Fund or equivalent.
Vocational evidence
Expert evidence from vocational assessors about the plaintiff's capacity to work and residual earning capacity.
Volenti non fit injuria
The defence that the plaintiff willingly accepted the risk. Limited application in Australia under Civil Liability Acts.
WPI (Whole Person Impairment)
A percentage measure of permanent impairment, assessed under the AMA Guides as modified by scheme guidelines. Drives access and quantum in most schemes.
Wrongs Act
The Victorian statute codifying parts of negligence and setting damages thresholds and caps for public liability.
Your rights pamphlet
A prescribed document some schemes require insurers to send claimants, explaining rights and timeframes.
Zero fault determination
A scheme determination that the claimant bears no responsibility for the accident, removing contributory negligence reductions.
Research these terms in context
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These definitions are general explanations for educational purposes — not legal advice. Scheme rules differ significantly between states and change frequently. Always verify against the current Act, regulations, and scheme guidelines.
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