Federalism gone mad-a multiplicity of motor accident schemes in Australia

May 30, 2014

In the process of doing some research for the training seminar on 31 May and 1 June 2014 I revisited some of the State motor accident schemes. The diversity of schemes is extraordinary.

In broad terms there are two different types of schemes, Compulsory Third Party Insurance Schemes that require fault to be determined and No Fault Schemes, however over the years hybrid schemes have developed.

The Compulsory Third-Party Schemes include:


New South Wales – (however small payment is made to those who are at fault and there is also a Lifetime Care and Support Authority for accident victims with specific injuries: spinal injury, moderate to severe brain injury, multiple amputations, major burns and blindness. This scheme is no fault.


South Australia – however recent legislation has partially converted this into a no fault scheme so this is a real hybrid. There is also a Lifetime Support Scheme. The LSS, likely New South Wales Lifetime Care and Support Scheme will include people who suffer very serious spinal or brain injury, amputations, burns or blindness, regardless of who was at fault for the accident. The care will be provided from the time of the accident.

Western Australia

No Fault Schemes include:

Northern Territory

Tasmania   This scheme is No Fault but is also a hybrid with the opportunity to make personal injury claims if fault can be shown.

Victoria  – this is also a hybrid scheme that is mainly No Fault but also allows for personal injury claims when fault becomes an issue.

Fortunately, most of us only work in one jurisdiction but even then we are often unaware of the complexities. This post gives you an opportunity to look at the situation in your state and, if need be compare that with the situation elsewhere.




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