If you have been told to “make a CTP claim,” “lodge with the green slip insurer,” or “speak to SIRA,” and none of those phrases mean much to you — you are in good company. The NSW CTP scheme 2026 is the product of nearly a decade of reform, multiple amending Acts, successive versions of official guidelines, and a constantly evolving body of case law. This article sets out, in plain English, how the scheme works today — what has stayed the same, what has shifted, and what it means for people injured on NSW roads.
What the CTP scheme actually is
CTP stands for Compulsory Third Party insurance. In NSW, CTP is sometimes called the “green slip.” It is a no-fault-leaning statutory scheme that provides benefits to people injured in motor vehicle accidents on NSW roads, regardless of who caused the crash (subject to defined exclusions). Every registered NSW vehicle must have a CTP policy. The scheme is governed by the Motor Accident Injuries Act 2017 (NSW) — often referred to as the MAIA or MAI Act — together with regulations and guidelines issued by the State Insurance Regulatory Authority (SIRA).
The scheme applies to motor accidents occurring on or after 1 December 2017. Accidents before that date are governed by the Motor Accidents Compensation Act 1999 (NSW) and operate under different rules.
What has changed since 2023
Several things have moved since 2023:
- Terminology updated. The Motor Accident Injuries Amendment Act 2022 (NSW) replaced the term “minor injury” with “threshold injury,” effective 1 April 2023.
- Statutory benefits duration extended. From 1 April 2023, threshold injury claimants and those wholly or mostly at fault receive statutory benefits for up to 52 weeks (up from 26 weeks).
- SIRA Motor Accident Guidelines Version 10 commenced on 15 September 2025, including a new clause 4.129A added in response to the Supreme Court decision in Atwal v Insurance Australia Limited [2025] NSWSC 143.
- SIRA Motor Accident Guidelines Version 10.1 commenced on 12 December 2025, replacing Version 10 and including refinements to business plan requirements and claims-handling procedure.
- Premiums have continued to rise. SIRA’s 2025 review signalled further premium pressures into 2026, driven by claims costs and benefit extensions.
The two layers of benefits — still the scheme’s defining feature
The CTP scheme has two layers, and understanding which layer applies to you is the key to understanding everything else.
Layer 1: Statutory benefits. Payable to most injured people regardless of fault (subject to exclusions). Statutory benefits cover weekly payments for lost income; treatment and care expenses that meet the reasonable and necessary test; funeral expenses in fatal claims; and other limited categories of benefit. Statutory benefits are time-limited for most injuries — 52 weeks for threshold injuries and at-fault claimants; potentially much longer for others.
Layer 2: Common law damages. Available to people not wholly or mostly at fault with more serious injuries. Common law damages can include past and future economic loss; non-economic loss where the degree of permanent impairment exceeds 10%; The threshold injury classification — still critical
At the heart of the scheme sits a classification: threshold injury or not a threshold injury. Broadly, threshold injuries are:
- Soft-tissue injuries (including most whiplash-type injuries without radiculopathy); and
- Minor psychological or psychiatric injuries (for example, adjustment disorder or acute stress disorder).
Other injuries — fractures, recognised psychiatric illnesses diagnosed by a psychiatrist, injuries causing ongoing impairment or radiculopathy — are typically not classified as threshold injuries. The classification drives how long statutory benefits continue, whether you are eligible to pursue common law damages, and whether you receive ongoing treatment funding beyond the initial period.
If you are classified as having a threshold injury and you disagree, you have review rights through the Personal Injury Commission. Do not accept a classification that you believe is wrong — the consequences compound across the life of the claim.
Nominal Defendant claims — still the backstop
If you are injured by a vehicle that is uninsured, unregistered, or unidentified (for example, a hit and run), the Nominal Defendant scheme still provides a pathway to claim. The rules for Nominal Defendant claims are strict, particularly the obligation to make “due search and inquiry” to identify the vehicle.
Who can claim, and who is excluded
Most people injured in a NSW motor accident can access the scheme, including drivers, passengers, pedestrians, cyclists and motorcyclists, users of some e-mobility devices, and dependants of people killed in motor accidents.
Exclusions apply to drivers at fault in certain serious circumstances — for example, under section 3.37 of the MAIA, a person charged with or convicted of a serious driving offence that was related to the accident is generally disentitled to statutory benefits.
Time limits — always the silent killer
The CTP scheme is full of time limits. The headline ones:
- 28 days after the accident to secure payment of statutory benefits from the date of the accident.
- 3 months after the accident as the outer limit for an Application for Personal Injury Benefits.
- 3 years from the accident to commence proceedings for common law damages (subject to limited exceptions).
The practical message is always the same: the longer you wait, the harder it is to recover what you are owed.
How disputes are resolved
When you disagree with an insurer’s decision, the Personal Injury Commission (PIC) is the forum that hears the dispute. The PIC operates through three divisions: the Motor Accidents Division, the Workers Compensation Division, and the Police Officer Support Scheme Division. For CTP matters, the Motor Accidents Division is the relevant forum.
A typical dispute pathway: the insurer makes a decision; you request an internal review supported by additional evidence; if unresolved, the matter goes to the Personal Injury Commission; the Commission refers medical questions to medical assessors and decides merit questions through its members.
What a 2026 CTP claim looks like, start to finish
- Accident occurs.
- Medical treatment and crash reporting within the first few days (including a SIRA Certificate of Fitness from a GP).
- Application for Personal Injury Benefits lodged with the relevant CTP insurer, ideally within 28 days.
- Insurer makes early decisions on liability and threshold injury classification.
- Statutory benefits flow (weekly payments, treatment support).
- Any disputes are pushed through internal review and, if needed, the Personal Injury Commission.
- For more serious (non-threshold) injuries where fault lies elsewhere, a common law damages claim is prepared in parallel.
- Most claims resolve by negotiation. Some go to hearing.
How Gajic Lawyers helps injured NSW motorists
We have been running CTP claims since before the current scheme existed. Our team knows the MAIA 2017, the earlier MACA claims still working through the system, the current SIRA Motor Accident Guidelines Version 10.1, and the case law that shapes all of them. We run CTP claims on a No Win No Fee basis. For clients in Cabramatta and Western Sydney, our in-house interpreter service supports Vietnamese and Arabic speakers directly.
If you are navigating a NSW CTP claim, call (02) 9890 5885 for a free, obligation-free consultation, or visit our motor accident compensation page to begin.
